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1999-1017-Minutes for Meeting September 29,1999 Recorded 10/22/1999VOL: CJ1999 PAGE: 1017 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *01999-1017 *Vol -Page Printed: 10/27/1999 17:00:50 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: Oct. 22, 1999; 1:04 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 12 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEY UN ED OC 881999 Cr/q* A) 1"7 MINUTES 99 OCT 22 PM 1: 04 DESCHUTES COUNTY BOARD OF COMMN&ftgL�ENHOLLOW September 29, 1999 COUNTY CLERK 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, Dennis R. Luke, and Tom DeWolf. Also present was Mike Maier, County Administrator; Bruce White, Assistant County Counsel; Sue Brewster, Assistant County Counsel; George Kolb, County Engineer; Tom Blust, Road Department Director; and Barbara Rich, Planner. 1. CITIZEN INPUT - NONE 2. SIGNATURE OF GATE PERMIT NO. 99-002 FOR TRAPPER POINT ROAD Before the Board was signature of Gate Permit No. 99-002, for Trapper Point Road. George Kolb recommended approval of the gate permit subject to review by Legal Counsel. LUKE: I would move signature of Gate Permit No. 99-002 subject to review by Legal Counsel. DEWOLF: I would second this as long as that review includes the design of the gate and specificity of who has keys. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES MINUTES Page 1 of 12 SEPTEMBER 29, 1999 3. ADOPTION OF ORDINANCE NO. 99-019, 99-020 AND 99-021 TO AMEND THE COUNTY'S COMPREHENSIVE PLAN COMPREHENSIVE PLAN MAP, AND ZONING MAP TO CHANGE THE ZONING AND PLAN DESIGNATION FROM FOREST TO SURFACE MINING FOR THE LA PINE REDI MIX Before the Board was adoption of Ordinance No. 99-019, 99-020 and 99-021, to amend the County's Comprehensive Plan, Comprehensive Plan Map and Zoning Map to change the zoning and plan designation from Forest to Surface Mining for the La Pine Redi Mix. Barbara Rich reported this was for the DEQ sand site in the south county area. LUKE: I would move first and second reading of Ordinance No. 99-019, by title only. DEWOLF: I would second that. VOTE: SWEARINGEN: DEWOLF: LUKE: Chair Swearingen performed the first and second reading of Ordinance No. 99- 019, by title only. DEWOLF: I would approval of Ordinance No. 99-019. SWEARINGEN: Second. VOTE: LUKE: SWEARINGEN: YES DEWOLF: YES LUKE: YES I would move for first and second reading, by title only, of Ordinance No. 99-020. MINUTES Page 2 of 12 SEPTEMBER 29, 1999 DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES Chair Swearingen performed the first and second reading of Ordinance No. 99- 020, by title only. LUKE: I would move adoption of Ordinance No. 99-020. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES LUKE: I would move first and second reading of Ordinance No. 99-021, by title only. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES Chair Swearingen performed the first and second reading of Ordinance No. 99- 021, by title only. LUKE: I would move adoption of Ordinance No. 99-021. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES MINUTES Page 3 of 12 SEPTEMBER 29, 1999 5. PUBLIC HEARING ON ORDINANCE NO. 99-026 AUTHORIZING ELECTION OF SPECIAL ROAD DISTRICT BOARD MEMBERS Before the Board was a public hearing on Ordinance No. 99-026, authorizing election of Special Road District Board Members. Chair Linda Swearingen provided background information on this issue. She stated it was the County's only job was to appoint the Board members to road districts. Bruce White reviewed the ordinance with the County Commissioners. The elected Road District Board members terms would be four years after election by the electorates within the district. The elections would be held in March of the odd numbered years. He stated that there would be some transitional terms in the beginning. Chair Linda Swearingen opened the public hearing. Nancy Schlangen, prior County Commissioner, encouraged the present board to support the ordinance. Patrick Krasnoff, Secretary ofNewberry Estates Special Road District, testified He felt it would be difficult to get people to run for election to the road district boards. Dennis Luke stated he would like to have an evening in south County to hear this issue. Commissioner Swearingen stated she was frustrated regarding trying to get someone to run for positions. Bruce White stated there was an issue of whether someone who was not elected could be recalled. MINUTES Page 4 of 12 SEPTEMBER 29, 1999 Henry Kelly, Forest View Road District, testified. He expressed concern about Board members being elected. He felt a public hearing in south county would be very beneficial to the citizens. Conrad Ruhl, Special Road District No. 1, testified that he favored putting this on the ballot. He felt a two year term would be better than four years. Bruce White reported under SB 1124 these elections would have to occur every odd numbered year. Jim Kendall, Vandevert Special Road District, testified there was a problem getting someone to serve even when they were appointed. He didn't think an election would help matters in this respect. He felt the system worked well now. Dennis Luke pointed out that the person running for a board position had to live in the district and be a registered voter. Camilla Emmons stated she would like to have an evening meeting held in the La Pine area. Phil Shepherd, Panoramic Road District, agreed with most of the statements regarding people not showing up unless there was a problem. Teri Garner, Road District No. 1, felt that the meetings were not scheduled to meet the convenience of the road district members. The meetings were not scheduled in order for the road district members to attend. She felt the road district would not honor a request for rescheduling the meeting times. Mary Rose Thompson felt the idea of electing Board member was marvelous. Jim McKenney, Special Road District No. 1, testified. He felt the ordinance was right on target. Phil Shepherd asked about dissolving the road districts. MINUTES Page 5 of 12 SEPTEMBER 29, 1999 Bruce White stated that in order to dissolve a road district, if a district has not filed an audit statement with the State for three years in a row, then the road district could be dissolved. Doug Farmer, Lazy River Drive, testifed that it had not been a problem finding people to run. There being no further testimony, the public hearing was closed. An additional public hearing needs to be set up in La Pine in two to three weeks from now. 6. PUBLIC HEARING ON PENDING PETITIONS TO WITHDRAW TERRITORY FROM SPECIAL ROAD DISTRICT NO. 1 Before the Board was a public hearing on pending petitions to withdraw territory from Special Road District No. 1. Bruce White reported this was a continuation of a previous hearing. There were 7 petitions before the Board requesting withdrawal. The previous hearing on this issue was suspended to allow it to go to mediation. He reported there was a written testimony received from Lauris Rodia and Robert and Mary Frame. He stated the road district could not be made non-contiguous. Chair Swearingen opened the public hearing. Jim McKenney testified. He submitted photos of road district equipment and building. He testified the basis for his petition to withdraw was based on the fact that he received no service from the road district and his property was accessed by a county road. The road district was compensated by the County to remove snow from in front of his house at $65.00 per hour. He stated Fred Janzen won his petition for withdrawal from the road district. The road district challenged that decision in court and lost. Jim McKenney stated there were no services received from the road districts. This road district was formed about 30 years ago to maintain roads. There are 45 miles of road of which 10 miles were County roads. He stated there were 539 registered voters within this road MINUTES Page 6 of 12 SEPTEMBER 29, 1999 district. He reported that in 1985 several of the roads within the district were paved through a Local Improvement District. The rates varied by location. The lots that abutted a paved road paid $723.00 per lot, lots that were on cinder roads contributed $176.00 per lot, and lots on Spring River Road, which was a County road and already paved, paid zero because they benefitted nothing from this paving. The paved lots were accepted by the County in 1986 at which time the abutting lots should have been removed from the Special Road District, but they were not. Jim McKenney reviewed the financial position of the Road District. He reported that on June 30, 1998 they had $96,000 in reserve, $124,000 in fixed assets with zero debt. Since 1986 to 1998, the properties that gets no benefit from this road district have paid $180,000 in taxes. The County has paid approximately $40,000 since that time for snow removal. When the roads were paved, it was important to have these properties in the tax base to make things work. He reported that in 1988 the road district took in revenue of $44,000. In 1998 they took in $95,000 and spent $75,000 which left them $25,000 available. He felt the road district was only interested in collecting as much in taxes as possible regardless of whether they need it or not. The new spending initiative of the road district was the paving of streets within the road district. He felt it could be a conflict of interest in choosing which roads would be paved. The road district does not provide the petitioners with any service. The road district has eight arguments for not allowing the withdrawal to take place. They want to keep the petitioners in community, if the petitioners drive on the roads they must pay taxes, the road district will go broke, the road district wanted to be fair to everyone or no one, need money to take care of a bad snow year, the road district needed money to repair equipment, they don't like the piece -meal withdrawal system, and the two tiered tax system. He requested withdrawal and would not like to have to wait any longer. Commissioner DeWolf asked why all the property owners on county roads were not requesting to withdraw. Jim McKenney responded that it took personal initiative and some chose not to petition to withdraw. MINUTES Page 7 of 12 SEPTEMBER 29, 1999 Commissioner Swearingen stated that legally the road district could not come on to County roads to do any work without authorization. Tom Blust stated a road district could not do any work on county roads without a permit or permission from the County. Bruce White felt the feasibility of receiving service was open to interpretation. John Shilster was a petitioner to withdraw. The thought the County did a great job. Jim McKenney was the spokesperson for all seven petitioners and they all agreed with what he said. He was unaware the county was reimbursing the road district for snow removal until about 3 years ago. He lives on a county maintained road and did not benefit from being included in the road district. He asked the County Commissioners to support the petitions. Nick Van Wagner testified. When he bought his property in 1986, he was lead to believe that there was a Bancroft assessment to pave the roads. He received no services from the road district. The County does an excellent job maintaining the roads. He requested the Board to allow them to withdraw. Teri Garner, Snowy River RV Park, stated the initial petition for the withdrawal was filed in November of 1998. This cost $100 and there would have been more people withdrawing if they could have afforded the $100. She had a problem with weeds on her property in the road right-of-way. She requested the road district to help her with that removal of these weeds since the road district offered. The road district stated she was on a County road and they could not help her. She felt a year had been wasted with meetings and nothing had happened. She felt she was being unfairly taxed and nothing had happened with the process so far. John Turney, 56290 Solar, testified. He wanted the commissioner to do the right thing by letting them out of the road district. Conrad Ruhl, President of Special Road District No. 1, testified. He discussed contiguity and provided a copy of an opinion from Bruce White. He felt this district was different as there were two Local Improvement Districts on MINUTES Page 8 of 12 SEPTEMBER 29, 1999 different levels. He opposed to the piece -meal withdrawal because if these people were let out of the district there would be other people wanting to withdraw. He stated that there would be some people on paved roads that could not get out because it would not keep the road district contiguous. There was a drainage problem to be solved and if some of them were solved, it would cause problems in other parts of this road district. Commissioner Swearingen addressed the issue of having all petitions withdrawing at one time. She stated several people were asked if they wanted to withdraw and not a lot of additional people wanted to withdraw. Commissioner Tom DeWolf asked if it had been, would be or will it be feasible for the road district to provide service Conrad Ruhl stated the road district would be willing to do service if the County would allow it. Commissioner Swearingen asked what sort of services could the road district provide them. Conrad stated he had been on the Board for a year. He understands from other people they had done work on Covina Road and some other roads. Commissioner DeWolf stated that it did not sound like they were receiving any service. If they were receiving services commensurate with what they were paying that would be fine. It seemed to him that they were not receiving any services. Conrad Ruhl stated he had never had a problem with the County. Jim McKenney stated that most of the petitioners only asked to withdraw the properties on these county roads. He stated he did not see where the road district could, would or were able to offer any service to them. The decision will be made on October 6 at the 10 a.m. Board meeting. MINUTES Page 9 of 12 SEPTEMBER 29, 1999 7. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH LANE COUNTY FOR REALLOCATION OF DEVELOPMENTAL DISABILITIES GRANT FUNDS Before the Board was signature of an Intergovernmental Agreement with Lane County for reallocation of Developmental Disabilities Grant Funds. Mark reported there had not been a response back from Lane County. It could be approved subject to review by Legal Counsel. This item would be back on the agenda for next week. 8. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND STATE OF OREGON DEPARTMENT OF CORRECTIONS TO PROVIDE PAROLE AND PROBATION SERVICES Before the Board was signature of an Intergovernmental Agreement between Deschutes County and State of Oregon Department of Corrections to provide parole and probation services. Sue Brewster reported this was the same as the previous contract. LUKE: I would move to sign the agreement. DEWOLF: I'll second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 4. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of acceptance of three public Road Easement Grants from the U. S. Forest Service for Squaw Back Road, North Pine Street and Trapper Point Road located north of the City of Sisters; 2) signature of Order No. 99-152, to MINUTES Page 10 of 12 SEPTEMBER 29, 1999 officially assign the name of Bacchus Lane to an unnamed access Road; 3) signature of Order No. 99-153, to officially assign the name of Rock Sand Road to an unnamed access road; 4) signature of Order No. 99-154, to officially assign the name of Diamond Bar Ranch Road to an unnamed access road; 5) signature of Liquor License for Ponderosa Pizza; and 6) approval of weekly accounts payable vouchers in the amount of $695,018.34, subject to review. DEWOLF: Move approval. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 5. APPROVAL OF WEEKLYACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $5,544.90. LUKE: So moved subject to review. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT MINUTES Page 11 of 12 SEPTEMBER 29, 1999 6. 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 $333.26. LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES DATED this 291 day of September 1999 by the Deschutes County Board of Commissioners. Linda L. Swearingen, Chair Tom DeWolf, Commiss' ner ATTEST: Recording Secretary bWnis R. Luke, Commissioner MINUTES Page 12 of 12 SEPTEMBER 29, 1999