1999-693-Minutes for Meeting March 10,1999 Recorded 5/6/1999VOL: CJ1999 PAGE: 693
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-693 * Vol -Page Printed: 05/12/1999 10:38:11
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
May. 6,1999; 10:37 a.m.
Regular Meeting
(CJ)
NUMBER OF PAGES: 9
V -t 0'., 0,-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, March 10, 1999 99 MAY -b A,1 10: 37
Commissioners' Hearing Room �,, A.jtY `_j,- ;N� '_1 0
Administration Building COON i Y CLE-t,K
Chair Linda L. Swearingen called the Board of County Commissioners' meeting to order at 10:00
a.m. County Commissioners present were Linda L. Swearingen, Tom N. DeWolf and Dennis R.
Luke. Also present were Mike Maier, County Administrator; Damian Syrnyk, Associate
Planner; Mark Amberg, Assistant County Counsel; Bruce White, Assistant County Counsel; and
Mike Viegas, Risk Management Coordinator.
CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
Signature of Order No. 99-055, to Authorize Bonnie Baker to Act as Recording Secretary
in Anita Mutchie's Absence.
Before the Board was an Order to authorize Bonnie Baker to act as Recording Secretary in
Anita Mutchie's absence.
DEWOLF: So moved.
LUKE: Second.
VOTE: DEWOLF: AYE.
LUKE: AYE.
SWEARINGEN: AYE.
2: Approval of Conservation Agreements for Properties on Lots 1 through 8 of River Bluff
Estates, Located between the Deschutes River and Baker Road.
Before the Board was a motion for approval of Conservation Agreements for properties on
Lots 1 through 8 of River Bluff Estates.
Damian Syrnyk stated, that as previously presented at the Board Work Session on March 8,
a group of property owners owning lots known as River Bluff Estates, located along the
Deschutes River, have brought before the Board eight conservation agreements for the
Board's signature. Once recorded, these documents would replace an existing conservation
easement that was recorded in 1988.
SWEARINGEN: I move approval of the eight conservation agreements for
properties on Lots 1 through 8 of River Bluff Estates.
DEWOLF: I'll second.
Minutes of BOCC Meeting, 3/10/99 Page I of 9
Commissioner Luke asked if the area was in the urban growth or urban reserve of the
City of Bend. Damian Syrnyk indicated that it is zoned rural residential, and that it is
part of the rural residential exception area, outside the Bend Urban Growth Boundary.
Commissioner Luke asked if the Urban Growth Boundary or Urban Reserve is located on
the other side of the River, and if Widgi Creek is in the UGB or Urban Reserve. Damian
responded that the land on the other side of the river is zoned 1-2, which is Forest Use 2,
and includes the Meadow Catnp Campground. He indicated Widgi Creek is not in the
UGB or Urban Reserve of Bend. Commissioner Luke asked if the City of Bend provides
services to that area; Damian answered that the City of Bend just provides sewer service.
Commissioner Luke indicated it was his understanding that the property lining the river
on the other side just downstream is in the Urban Growth Boundary of Bend because they
were asking to be moved out of the Urban Growth Boundary in exchange for the Forest
Service Nursery. He observed that the Urban Growth Boundary of Bend is not too far
down stream on the other side.
Commissioner Luke elaborated that the City of Bend and Bend Park and Recreation have
continued to create river trails downstream, and he felt that within the next twenty to
thirty years they would be looking at moving those river trails the full length of the river,
where practical. He asked if this easement was taken away, would that not have a
detrimental effect on their ability to extend the river trails.
Damian responded that it wouldn't prevent them from approaching the same property
owners at a future time and negotiating for some kind of outright purchase of an
easement along that property. Commissioner Luke observed that they would then have to
purchase something that the County is giving away right now. Damian confirmed that as
a result of recording this new conservation easement, the public would no longer have
access to cross these eight lots. Commissioner Swearingen stated that in her opinion it
had been an unlawful taking in 1987.
Commissioner Luke stated that this is an asset of the public right now, because these
easements allow access to the river and along the river. He asked what would the public
be receiving for their giving up of this asset. Damian answered that the pubic would get
two things. One, they will still have protection of the river resource, the riparian areas as
provided under statewide planning dealing with open areas and natural scenic areas.
They will no longer have an isolated segment of public access along this river within a
ten -foot strip beginning at the ordinary high water mark and proceeding landward onto
these properties. Secondly, they may be losing some potential liability because of the
questionable manner in which this easement was recorded on the plat.
Commissioner Luke stated that Baker Road is a major road in Deschutes River Woods.
Directly across from this subdivision is a park that has a road that goes on the north or
west side of Widgi Creek back towards Bend. Some of the future plans discussed a
bridge tying those two areas together. If that bridge was a reality in fifteen or twenty
years, if we give this easement up, then there would be no access to the river from any
future development that might occur there.
Minutes of BOCC Meeting, 3/10/99 Page 2 of 9
Commissioner DeWolf asked if it is in the Wild and Scenic Area. Damian indicated that
it is part of the State Scenic Waterway, and perhaps also a part of the Upper Deschutes
Wild and Scenic River under the Bureau of Land Management. Commissioner Luke
responded that being on the river does not preempt a bridge being put across it.
Commissioner Swearingen indicated that she had to leave the meeting.
Commissioner Luke asked if he could make his statement on this issue prior to her
departure since they are setting a public policy. It follows:
"Previous Commissioners believed that the river was enough of an asset that they
required those property owners just downstream to set their units back from the cliffs.
This would allow those enjoying the river by walking along the river to not have their
view of the scenery being broken up by houses. The beaches and rivers of this state are
public assets, and the public should have as much access to them as possible.
"I'm a great believer in private property rights and do not believe in taking property or the
use of the property without just compensation. Under Oregon law you cannot sell
property in a subdivision until the plat is signed and filed. Therefore, every one of these
property owners knew of this easement at the time of purchase, and it's clearly not a
taking as relating to the current owners of these lots.
"Just recently this Board took away the public's right to access the public's own land just
east of Bend. This set a precedent with which I'm uncomfortable. Approval of this
action today will set another precedent, not only on this property but also on all property
we have with easements on the river. It makes me very uncomfortable.
"I am going to vote no today on this action, and believe at the very least the public
deserves a public hearing before we take away their right, and their children's right, to
access this portion of the river."
Commissioner Swearingen asked for further comment.
DEWOLF: I call for the question.
VOTE: LUKE: NO.
DEWOLF: YES.
SWEARINGEN: CHAIR VOTES YES.
(Chair Linda Swearingen excused herself from the meeting at this point.)
CITIZEN INPUT
There was no citizen input.
Minutes of BOCC Meeting, 3/10/99 Page 3 of 9
4. PUBLIC HEARING on Order No. 99-054, Approving Annexation into the La Pine
Sewer District.
Before the Board was a public hearing on Order No. 99-054, approving the annexation of
certain areas into the La Pine Sewer District.
Bruce White presented a revised legal description, as required by the Department of
Revenue for clarification purposes. He responded to questions that had been brought up
during Monday's Work Session regarding the notification of the annexation to property
owners living in the area to be annexed. It was his opinion that proper procedure,
according to State law, had been followed, including signatures on petitions, public
hearings and door-to-door contact. He then asked that the public hearing be opened.
Commissioner DeWolf asked if direct public notice had been given to all affected
property owners, including those who do not live in the area. He indicated a concern
regarding owners of property in the annexation area who may not know about it.
Commissioner Luke explained that there is an additional cost connected with any
notifications given beyond what State law requires. Bruce White stated that changing the
notification process would be a policy change and would affect many future actions.
Commissioner DeWolf indicated a desire to discuss this at a future time, as he was not
comfortable with what he felt might be a lack of communication with affected citizens.
Commissioner DeWolf opened the public hearing to discuss an Order approving
annexation of territory into the La Pine Special Sewer District, and notice of final hearing.
Andrew Newton, who works for the La Pine Special Sewer District, stated that several
property owners in the area had approached the Sewer District, wanting to be included.
In addition, there were three advertised public meetings held, in September, October and
November, asking for public input from people in that area. There was no negative input
from anyone in the community. Signatures were obtained on a petition. A member of
the Board of Directors visited every home in that area - approximately 47 residences.
There was no negative comment ever made on record to the Sewer District, in either
letter form or by personal testimony.
Commissioner Luke asked if they are required to hook up, once annexed into the area.
Mr. Newton confirmed that they are, as stated in the ordinances of the sewer district. He
explained that a septic tank would still be maintained on site, with the affluent moved by
gravity to the centralized pump station.
Bruce White stated that one of the things the Board has to find is that the land in question
would benefit from the extension of services.
Mr. Newton explained that part of the land is broken into very small parcels, some of
which have homes on theta. Those homes have failing septic systems, and are in very
serious need of being able to hook into the sewer system to accommodate health
standards.
Minutes of BOCC Meeting, 3/10/99 Page 4 of 9
Mr. Newton further explained that the beneficial part to the rest of the people is that this
land is zoned medium density, which would allow the building of apartments or
residences that can accommodate a larger growth of people; sewer service is required for
this. In addition, the ground water issue is important, since the water table is between
seven and nine feet in the area and is subject to contamination.
Dennis Carter, President of the La Pine Special Sewer District, spoke. He indicated that
the District is working with Deschutes County regarding plans to sewer the rest of the
Industrial Park, in anticipation of future growth
Commissioner DeWolf closed the public hearing.
LUKE: I move to approve Order No. 99-054, approving annexation of La Pine
Special Sewer District.
Bruce White clarified that there will be another notice published in the newspaper, that it
will come back for a second hearing on March 24.
DEWOLF: Second.
VOTE: LUKE: AYE.
DEWOLF: AYE.
SWEARINGEN: EXCUSED.
5. PUBLIC HEARING on Wallace Petition for Annexation into Cloverdale Rural Fire
Protection District and Approval of Order No. 99-053.
Before the Board was a public hearing on approval of Order No. 99-053, the Wallace
Petition for Annexation into Cloverdale Rural Fire Protection District. Bruce White
stated that this is the first hearing, but in this case it only concerned one property, the
petitioner's. The person affected has been noticed and there does not need to be a second
hearing, and that Board approval today would constitute all the approval that is
necessary.
Commissioner DeWolf asked if the Fire District is in agreement. Bruce indicated they
had already approved of this proposed annexation.
Commissioner DeWolf opened the public hearing, and there being no public input, closed
the hearing.
LUKE: Move for approval of Order No. 99-053.
DEWOLF: Second.
VOTE: LUKE: AYE.
DEWOLF: AYE.
SWEARINGEN: EXCUSED.
Minutes of BOCC Meeting, 3/10/99 Page 5 of 9
6. Adoption of Policy P-015-99, Revision of Non -I larassinent Policy to Fine-tune and Make
Minor Modifications to ExistinP Policy.
Before the Board was a motion to adopt Policy P-015-99, addressing revisions, minor
modifications and fine-tuning of the Non -I larassment Policy. Mark Amberg stated that a
few modifications were made to the written policy as discussed at the Work Session on
Monday. Incorporated was Commissioner Luke's suggestion that there be a time limit,
not to exceed seven calendar days, placed on the time for supervisors, managers and
department heads to become aware of allegedly harassing conduct, to report same to the
Personnel Services Manager.
Also incorporated was a suggested change that in the event there was conduct involving a
member of the Personnel Department that the County Risk Manager would step into the
role of the Personnel Services Manager for purposes of investigating and overseeing any
investigation.
Minor language changes were made for consistency. Also clarified was the fact if the
Personnel Services Manager is on vacation or unavailable, the person designated to cover
that position would be the contact person.
Commissioner Luke stated that he felt there should be future discussion regarding the
addition of a non -management employee board to assist those people who are
uncomfortable going to Personnel or Risk Management, and to answer questions off the
record.
LUKE: Move for adoption of Policy P-015-99.
DEWOLF: Second.
VOTE: LUKE: AYE.
DEWOLF: AYE.
SWEARINGEN: EXCUSED.
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION COUNTY
SERVICE DISTRICT
7. Approval of Weekly Accounts Payable Vouchers for the 4-H/Extension County Service District.
Before the Board was a request for approval of weekly accounts payable vouchers for the
4H/Extension County Service District.
DEWOLF: Motioned to approve the weekly accounts payable vouchers for the
4-H/Extension County Service District, subject to review.
LUKE: Second.
VOTE: LUKE:
DEWOLF:
SWEARINGEN
AYE.
CHAIR VOTES AYE.
EXCUSED.
Minutes of BOCC Meeting, 3/10/99 Page 6 of 9
CONVENE AS THE GOVERNING BODY OF THF, 9-1-1 COUNTY SERVICE DISTRICT
Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District.
Before the Board was a request for approval of weekly accounts payable vouchers for the
9-1-1 County Service District.
LUKE: Motioned approval of weekly accounts payable vouchers, subject to
review.
DEWOLF: Second.
VOTE: LUKE: AYE.
DEWOLF: CHAIR VOTES AYE.
SWEARINGEN: EXCUSED.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
9. CONSENT AGENDA
Agenda Items 48 through 422, as discussed at the Board Work Session on March 8, 1999.
Consent Agenda items before the Board of County Commissioners were:
Item #8 Award of bid for audio system for Deschutes County Fairground to Delta
AN Systems.
Item #9 Signature of Resolution No. 99-010, initiating the vacation of a portion of
the 1913 J.S. McVey Road, and Order No. 99-022, vacating a portion of
McVey Road (McVey Road was realigned and the old right-of-way had
not been vacated).
Item #10 Award of Bid to O.C.O.N, Inc. of Redmond for hauling crushed rock to
three separate locations to be used in the Road Department's chip seal
program.
Item #11 Award of bid to Roy L. Houck Construction for Alfalfa Market Road
overlay from the intersection with Powell Butte Highway to Milepost 8.
Item #12 Signature of Resolution No. 99-016, transferring appropriations within
various funds of 1998-99 Deschutes County Budget.
Item 413 Signature of Order No. 99-011, transferring cash among various funds of
the 1998-99 Deschutes County Budget.
Minutes of BOCC Meeting, 3/10/99 Page 7 of 9
Item 414 Signature of Resolution No. 99-021, declaring the intent to purchase
property from Charles Culver near Bend Airport, and the simultaneous
exchange of real property with Central Electric Cooperative, Inc., adjacent
to Knott Landfill.
Item 415 Signature of Order No. 99-041, authorizing the sale of personal property
by private sale to Terrebonne Assembly of God Church.
Item # 16 Signature of acknowledgement letter regarding acquisition of Bend Office
of Lombard -Conrad Architects by Steele Associates to fulfill obligations
of Deschutes County Fairgrounds' Owner/Architect Agreement.
Item 917 Signature of intergovernmental agreement between Oregon Military
Department and Deschutes County, and letter authorizing Katy
Fitzsimmons to contract for services for job skills training by Youth
Challenge Program participants.
Item #18 Signature of personal services contract between Deschutes County and For
Better Ideas, Inc. (d.b.a. Steve Scott & Co.) for Real Estate Broker of
Record.
Item # 19 Signature of Orders No. 99-028, 99-029 and 99-030, authorizing the
refund of taxes.
Item #20 Appointment of Todd Griffith, Brad Nye, Don Johnston and Robert
Gordon, and reappointment of John Field, Bill Swarts and Steve Putnam
to the Deschutes Watershed Council.
Item #21 Approval of liquor licenses for La Pine Bowling Center, Inc., Sunrise
Lodge, and the Main Lodge at Mt. Bachelor.
Item #22 Approval of weekly accounts payable vouchers, subject to review.
LUKE: Move approval of Consent Agenda Items #8 through #22, including
approval of weekly accounts payable, subject to review.
DEWOLF: Second.
VOTE: LUKE: AYE.
DEWOLF: AYE.
SWEARINGEN: EXCUSED.
Minutes of BOCC Meeting, 3/10/99 Page 8 of 9
10. AMENDMF,NTS TO THE AGENDA
Commissioner DeWolf then presented an Amendment to Agenda regarding a Request for
Approval of an Employee of the Month parking space for the District Attorney's office.
Commissioner Luke indicated he was handling this issue, and that it had not been
addressed in Monday's Work Session as the letter didn't arrive in titne. Commissioner
DeWolf asked that this issue be held over to the neat work session to the agenda request
process consistent. Mike Maier agreed that it warranted further discussion.
Commissioner Luke stated for the record that an addition has been made to the postings
on the Agenda. A meeting with Solid Waste had just been added to Commissioner
DeWolfs schedule for Thursday, March 11, at 9:00 a.m.
Commissioner Luke also wanted the record to reflect that there was a meeting held at
8:00 this morning with Michelle Chou of Z -Land Company regarding Deschutes
County's possible future website and intranet. He stated that no final decisions were
made, but there was a great deal of discussion about the County's website and how it
might be funded. He indicated there would be future discussion and possible future
action on this issue.
Commissioner DeWolf adjourned the meeting at 11:45 a.m.
DATED this 10th Day of March, 1999, by the Deschutes County Board of Commissioners.
ATTEST:
n
Recording Secretary
/Z G "
LitA'a)L. Swearinvd'n, Chair
Dennis R. Luke, Commissioner
N'� J, 1
Tom N. DeWolf, o t sioner
Minutes of BOCC Meeting, 3/10/99 Page 9 of 9