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1998-50892-Minutes for Meeting September 02,1998 Recorded 10/30/1998s�-5092 1 6 9 - 2188 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONED$ OCT 30 PM 12: 48 Wednesday, September 2, 1998 MARY SUE FEN;',01LLOW Acting Chair Robert L. Nipper called the Boarsooiy (�L&{ ty Commissioners meeting to order at 10:00 a.m. County Commissioners present were Robert L. Nipper and Linda L. Swearingen. Also in attendance were Tom Blust, Road Department Director; Dave Leslie, Planner; Susan Mayea, Management Analyst; Kim Worrell, Assessor; Judy Sumners, Risk Management; George Read, Community Development Director; Kevin Harrison, Planner; Meaghan Houska, Communications Director; Bruce White, Assistant County Counsel; Patti Mecca, Property Management; Beverly Wilson, Legal Assistant; Paul Blikstad, Planner; and Mike Maier, County Administrator.' CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $1,413.08. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of weekly accounts payable vouchers for 9-1-1 County Service District in the amount of $4,196.33. MICROFILMEDTI- MINUTES 1 SEPTEMBER 2, 1998 NOV 1 1998 169 2189 SWEARINGEN: Move approval, subject to review. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $603.63. SWEARINGEN: I think we certainly approve that. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 4. APPROVAL OF WEEKLY _ACCOUNTS PAYABLE VOUCHERS FOR SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers in the amount of $400.00. SWEARINGEN: I'll move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 2 SEPTEMBER 2, 1998 169 M 2190 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 5. PUBLIC HEARING ON WITHDRAWAL OF TERRITORY FROM ROAD DISTRICT NO. 1 (JANZEN) AND SIGNATURE OF ORDER NO. 98-126, ACCEPTING PETITION AND SETTING BOUNDARIES AND FINAL HEARING Before the Board was a public hearing on withdrawal of territory from Road District No. 1 (Janzen) and signature of Order No. 98-126, accepting petition and setting boundaries and final hearing. Beverly Wilson reported this was a petition for 18 properties to withdraw from the road district. The reason for this withdrawal was because they were on county roads. The road district needs to be contiguous which means there we a large number of properties which would not be allowed to withdraw. Bruce White reported that in order for a district to be formed a district has to have contiguous lands. He stated there may be a question as to whether certain properties were included or not. The petition here today was just for these particular properties and was not considering withdrawal of other properties as they were not included in the petition. Commissioner Swearingen asked what the total assessment was for the district and the financial impact to the district. Beverly Wilson reported the total tax valuation was given by the Assessor's Office as $46,066,738. She stated the total value of the 18 properties requesting withdrawal was $816,715 and the tax rate was $2.06 which amounted to $1,682 that the district would no longer receive. The total in taxes was $94,854. The properties requesting withdrawal felt there was no benefit from the district as they were using a county road for access. Chair Robert Nipper opened the public hearing. Fred Janzen, lived in unit 1, block 6, lot 19, 17240 Covina Road, located on an unpaved County road in Deschutes River MINUTES 3 SEPTEMBER 2, 1998 169 2191 Recreation Homesite Subdivision. He represented all properties on county road. He submitted photos to the Board. Commissioner Swearingen asked about $1,682 per year that Fred Janzen paid which was used for the roads which did not benefit his property. Fred Janzen referred to Exhibit "G" which was the original formation of the road district. At that time the application sounded feasible as it maintained the roads and help uphold the property values. The only problem was that it excluded all County roads. As a result, his property located on a County road was excluded from such service and he was denied membership. Mr. Janzen provided further background on the history of the road district. Commissioner Nipper stated he was being taxed by the road district. Fred Janzen felt he was being taxed twice, once by the road district and then again by the County for road taxes. Commissioner Swearingen felt Mr. JanzenIsproblem was that his property was on a County road and the $1,682.00 could not be used on the County road which ran in front of his house. Fred felt he was paying for a benefit which he could not receive. Fred Janzen asked why the County would pay the road district for snow removal when we are already being taxed to provide this service. He also wondered why people were taxed different amounts. Beverly Wilson reported that the property taxes were assessed according to the value of the property and State law. James McKinny, 56222 Solar, testified. His property fronted Solar which was a paved road. He felt there was a good job of snow plowing being done. Originally he thought the snow plowing was being done with road district money until he found out the County paid the road district to do it. He discovered that his property was not included in this petition to withdraw from the road district. Allen Jawarski, 1293 N.W. Wall, testified. He felt the County should not be paying for snow removal when the road district MINUTES 4 SEPTEMBER 2, 1998 11 169 -1 2192 was collecting money for this purpose. He also thought his property on Stellar was included in this petition to withdraw. Fred Janzen reported he had petitioned for Allen Jawarski's property to be withdrawn. Fred stated the County was only going to allow 18 lots to be withdrawn at this time. Beverly Wilson reported Covina Road, Lots 4-21 which front Covina Road, were included in this petition. She stated that originally Fred Janzen had wanted to withdraw additional properties, but state law would not allow it because it would make the road district non-contiguous. Bruce White commented regarding the suggested double taxation. The issue was that the County was using money from the road fund to contract to have the county roads maintained while at the same time the road district was taxing for this service. Bruce White stated it was the job of the Road Department as to where to expend the road funds. Commissioner Swearingen felt the problem was because of the $1,682 that was being charged by the road district but could not be spent on their road. She felt if she was being taxed by the road district, she would expect it to be spent on her road. She stated the road district cannot spend the money on the county road ever because it would be illegal. She stated there was never any benefit for these property owners. Commissioner Nipper asked if Fred Janzen was paying the amount charged by the road district plus being assessed an additional amount for snow removal. Beverly Wilson stated these people pay money into the road district. The road district collection approximately $94,000 per year. In addition to that the County pays the road district an additional $55 per hour to plow the County owned roads. Beverly Wilson stated the findings the Board must make was that the properties petitioned to be withdrawn do not receive service from the road district, have not received service and it is not feasible for them to receive service, in order for the withdrawal to happen. MINUTES 5 SEPTEMBER 2, 1998 169 m 2193 Mike Herrick, 17179 Milkyway, asked how much the road district was collecting per year. He reported he attended a road district meeting 2 or 3 months ago and there was $92,000 sitting in one account plus they have another checking account. He would like to see a financial accounting from the road district. Commissioner Nipper asked if there was a financial audit that occurred with the road districts. Bruce White responded there was a municipal audit law. He stated there were yearly audits required for those over $100,000 including road districts. He stated any 10 tax paying residents of a district may petition the Secretary of States office to request an audit. Chair Nipper asked people in opposition to speak. June Sebastian, 56165 Gothard Way, reported she was a secretary for the road district at inception of the road district. She reported she was no longer on the board. She stated there was an audit every year by the State. There was an audit meeting during the month of August every year. There had been maintenance on the road on which Fred Janzen lived. She reported the $92,000 was not the amount which had been collected in one year but rather over a few years to update equipment. Nancy Ruhl, 17219 Bakersfield, which is one street up from Covina. She stated this was like paying for kids to go to school when you don't have any kids in school. She felt they were all in this together and everyone should be willing to pay. June Sebastian reported Fred Janzen built his house in the natural run-off path and he had blamed the road district since then. Herb Koppel, 17255 Isuzu Road, testified. He stated the road was oil matted. He stated Covina Road was graded, watered and oil matted just this year. Mary Wallace, 56540 Solar Drive, President of the Road District. She felt they had the best roads in the area. All of the side roads including Covina had been maintained by the road district over many years, until just recently. MINUTES 6 SEPTEMBER 2, 1998 169 - 2194 Herb Koppel testified that if more people came to the meetings on the third Wednesday of every month a lot of these questions could have been answered. June Sebastian reported that she was told by someone in the County Road Department if the road district was not snow plowing your road, it might be 3 or 4 days before the County could get into their subdivision because the arterials and the collectors would be plowed first. There being no further testimony, Chair Nipper closed the public hearing. Commissioner Swearingen stated she had spent a great deal of time talking with district residents. She felt the 18 lot removal would not adversely effect the district business. She stated that originally Fred Janzen had wanted to withdraw everyone on a County road, but there were only 18 that qualified. She felt the 18 properties did not have a financial benefit from the road district. Commissioner Nipper stated he had been included in the Fred Janzen attack mode. He felt the 18 lots should be allowed to withdraw from the road district. SWEARINGEN: I would move signature of Order No. 98-126, accepting the petition, setting boundaries and setting a final hearing. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Beverly Wilson reported there will be a final hearing on September 23, 1998, at 10 A.M. MINUTES 7 SEPTEMBER 2, 1998 169 - 2195 6. PUBLIC HEARING ON CONSIDERATION OF SUBMITTING A GRANT APPLICATION TO OREGON ECONOMIC DEVELOPMENT DEPARTMENT TO STUDY FEASIBILITY OF A SEWER SYSTEM FOR COMMUNITY OF TERREBONNE Susan Mayea reported they were request $10,000 for an update of their master plan. The State will not accept anything more than 5 years old and the last one was done in 1982. Chair Robert Nipper opened the public hearing. Guy Vernon, 1293 NW Wall #1361, testified that there was a great need for a sewer system in Terrebonne. There being no further testimony, the hearing was closed. SWEARINGEN: I would move that we submit a grant application to the Oregon NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 7. PUBLIC HEARING BEND CENTER REMAND HEARING Before the Board was a public hearing on the Bend Center Remand. Bruce White stated both parties had reached agreement. This was a stipulated remand hearing from LUBA. The only issue was discussion as to whether the decision was consistent with the remand order from LUBA. Chair Robert Nipper opened the public hearing. There being no testimony, the public hearing was closed. Bruce White listed the some of the parties in the audience. SWEARINGEN: NIPPER: MINUTES 8 I move signature of the stipulated site plan decision as remanded from LUBA. Second. SEPTEMBER 2, 1998 169 • 2196 VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 8. SIGNATURE OF AMENDMENT #1 REGARDING THE CROOKED RIVER BRIDGE Before the Board was signature of Amendment #1 regarding the Crooked River Bridge. SWEARINGEN: I would move signature of amendment No. 1. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 9. SIGNATURE OF FUND EXCHANGE AGREEMENT ADDRESSING EACH PARTIES RESPONSIBILITIES REGARDING THE ALFALFA MARKET ROAD PROJECT Signature of Fund Exchange Agreement addressing each parties responsibilities regarding the Alfalfa Market Road project. Tom Blust reported there was an allocation of federal funds. This was an agreement SWEARINGEN: I would move signature of Fund Exchange Agreement. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 10. SIGNATURE OF FINDINGS AND DECISION ON APPEAL A-98-9 FOR DANIEL KIESOW Before the Board was signature of Findings and Decision on Appeal A-98-9 for Daniel Kiesow. SWEARINGEN: NIPPER: MINUTES 9 I would move approval of signature of I'll second that. SEPTEMBER 2, 1998 169 - 2197 VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF LEASE AGREEMENT WITH COCAAN FOR OFFICE SPACE FOR ALCOHOL AND DRUG PREVENTION FOR NORTH COUNTY SERVICES Before the Board was signature of a Lease Agreement with COCAAN for office space for alcohol and drug prevention for North County services. Patti Mecca reported this was a lease with COCAAN for office space for the north county. SWEARINGEN: I would approval of the COCAAN lease with Deschutes County. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF ELECTRICAL EASEMENT FOR CENTURYTEL ON COUNTY OWNED LAND IN MILLICAN Before the Board was signature of an electrical Easement for Centurytel on County owned land in Millican. SWEARINGEN: I move signature of electrical easement for Centurytel on County owned land in Millican. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 13. SIGNATURE OF INDEMNITY AGREEMENT FOR KAVICH REYNOLDS PRODUCTIONS FOR SUZUKI FILMING ON SEPTEMBER 2 AND SEPTEMBER 4, 1998 Before the Board was signature of Indemnity Agreement for Kavich Reynolds Productions for Suzuki filming on September 2 and 4, 1998. MINUTES 10 SEPTEMBER 2, 1998 14 169 - 2198 Judy Sumners reported there was filming to be done in the Smith Rock area and above Mt. Bachelor. They were using certified flaggers. SWEARINGEN: I move signature of Indemnity Agreement. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES SIGNATURE OF NOTICE OF DISTRICT ELECTION FOR SISTERS ORGANIZATION FOR ACTIVITIES & RECREATION DISTRICT (SOAR) Before the Board was signature of Notice of District Election for Sisters Organization for Activities & Recreation District (SOAR) . Bruce White stated the deadline for getting this to the County Clerk was September 3, 1998. He stated there were 2 draft notices. He stated the Board neededto decide which draft they wished to sign. SWEARINGEN: I move signature of Notice of District Measure Election. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES The Board continued the meeting to September 3, 1998, at 11 a.m. for signature of the Explanatory Statement. MINUTES 11 SEPTEMBER 2, 1998 169 _ 2199 15. SIGNATURE OF LIQUOR LICENSES FOR BLONDIES, LA SIESTA CAFE, VILLAGE BAR & GRILL PAULINA LAKE RESORT, ROCK SPRINGS GUEST RANCH TERREBONNE SELECT MARKET, PINE MARTEN LODGE, MT. BACHELOR MINILODGE WEST VILLAGE LODGE, NORDIC LODGE, SUNRISE LODGE BLACK BUTTE RANCH PRO SHOP, BLACK BUTTE RANCH LODGE, AND GLAZE MEADOW GOLF SNACK BAR Before the Board was signature of Liquor Licenses for Blondies, La Siesta Cafe, Village Bar & Grill, Paulina Lake Resort, Rock Springs Guest Ranch, Terrebonne Select Market, Pine Marten Lodge, Mt. Bachelor Minilodge, West village Lodge, Nordic Lodge, Sunrise Lodge, Black Butte Ranch Pro Shop, Black Butte Ranch Lodge, and Glaze Meadow Golf Snack Bar. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 16. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of weekly accounts payable vouchers in the amount of $595,977.06. SWEARINGEN: Move approval, subject to review. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Reconvened on September 3, 1998, at 11:00 a.m. 17. SIGNATURE OF EXPLANATORY STATEMENT FOR SISTERS ORGANIZATION FOR ACTIVITIES AND RECREATION DISTRICT Before the Board was signature of the Explanatory Statement for Sisters Organization for Activities and Recreation District. MINUTES 12 SEPTEMBER 2, 1998 169 - 2200 SWEARINGEN: I will move signature of the Explanatory Statement for the County Voter's Pamphlet in regards to the Sisters Organization for Activities and Recreation District as proposed. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES DATED this 2nd day of September, 1998, by the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Nan Wei Schlangen, Chair inda L. Sw ring , Commissi er MINUTES 13 SEPTEMBER 2, 1998