1999-1073-Minutes for Meeting November 10,1999 Recorded 11/30/1999VOL: CJ1999 PAGE: 1073
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1073 * Vol -Page Printed: 12/08/1999 16:15:28
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I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Nov. 30,1999; 8:09 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 11
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MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS' MEETING
99 NOV 30 AM 8: 09
NOVEMBER 10, 1999
MARY SUE "ENHOLLOW
COUNTY CLERK
Chair Linda Swearingen opened the meeting at 10:04 a.m. Commissioners present were Linda
Swearingen, Tom DeWolf and Dennis R. Luke. Others present were Michael Maier, County
Administrator; Dave Leslie, Barbara Rich and Paul Blikstad, Community Development; and
Susan Mayea, Senior Management Analyst. Also in attendance were Rick Isham, County
Counsel and Bruce White, Deputy County Counsel; Rick Hayes, Heery International; Tom Blust,
Road Department; Michael Dugan, District Attorney; Greg Brown, Sheriff, Marty Wynne,
Finance; Dave Anderson, Management Analyst; and Citizens Jim McKenney, Larry Acuff, Larry
Irwin and Pat Schatz.
1. Citizen Input
There was no citizen input.
2. Public Hearing
Before the Board was a Public Hearing to Consider Referring Approval of Withdrawal
Petitions from Special Road District No. 1 to Election.
Bruce White, Deputy County Counsel, explained that the purpose of the hearing was to
determine whether a sufficient number of objectors to send to an election the Board's
previous approval of seven petitions to withdraw property from Special Road District No. 1.
He stated that 113 petitions had been received, and the signatures had been verified by the
County Clerk as being registered voters. He then submitted true copies of the petitions to the
Board. He indicated the County Clerk said the petitions represented twenty percent of the
registered voters in Special Road District No. 1; what is required is fifteen percent of the
registered voters or one hundred electors, whichever is fewer in number.
Commissioner Luke stated that the Commissioners had previously approved the withdrawal
on a split vote; and noted that perhaps these electors represent the other side the situation.
Bruce White indicated that there would be seven separate questions put on the ballot,
representing each of the seven petitions. Commissioner Luke asked if there is a choice for
the Commissioners; Bruce White indicated that the Commissioners would have to accept
them. He also indicated that any written objections would have to be presented at this time.
SWEARINGEN: Opened the public hearing for comment.
Ken Brunick, representing Jim and Sharon McKenney, petitioners, then commented on the
petition process. His concern was that the petition as drafted did not separately set forth each
separate petition; therefore, people signing the petition were unable to distinguish whether an
election should be called for every petition. He felt that there was no way to know if all of
the signers would have signed all of the petitions if they had been separate.
Minutes of November 10, 1999
Board of Commissioners' Meeting
Page l of i l
Commissioner Luke stated that the signers would not have signed if they didn't believe that one
or more of the petitions should not be allowed to withdraw. He further said that if the signers
do not want to vote for one or more of the petitions in the election, they do not have to do so.
Bruce White advised that it was up to the people presented with the petition to indicate
whether they agree to it. If they felt that one or more should not be included, they could have
written letters instead, indicating their wishes. He indicated that there is no legal problem
with this; and the opportunity will come at the election.
Commissioner DeWolf asked if the election goes against Mr. Brunick's client, could the client
sue. Bruce White indicated they could try, as is their right. Commissioner Luke asked if any
individual had indicated they wanted the petitions separate; Bruce White stated no.
SWEARINGEN: There being no further public comment, I move to close the Public
Hearing. We have Order No. 99-160, calling for an election.
LUKE: So moved.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
3. Public Hearing
Before the Board was Ordinance No. 99-023 and 99-024, Amending the Comprehensive Plan
and Zoning Map Designations for Certain Property Owned by CLR, Inc.
Dave Leslie, Associate Planner of Community Development, presented documents pertaining
to the matter for the public to take if they were interested. He stated that this plan amendment
and zone change is to correct an error on three tax lots located in Tumalo on property operated
by Hap Taylor and Sons, and is owned by CLR, Inc., AKA Bend Aggregate and Paving. He
indicated the lots hold the operating, processing and office headquarters.
Dave Leslie gave a brief history of the site, indicating that it is a legal, non -conforming use;
the zoning needs to change due to a transfer of the property. He said he had no further
comments had been received on this issue.
SWEARINGEN: Opened the public hearing for comment. No comment was received, and
Commissioner Swearingen closed the public hearing.
LUKE: I would move first and second reading of Ordinance No. 99-023 by title only,
by emergency.
DEWOLF: I'll second.
VOTE: LUKE:
DEWOLF:
SWEARINGEN:
Minutes of November 10, 1999
Board of Commissioners' Meeting
Aye.
Yes.
Chair votes aye.
Page 2 of l 1
SWEARINGEN: Then conducted the first and second readings of Ordinance No. 99-023.
DEWOLF: Move approval
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
LUKE: I would move first and second reading of Ordinance No. 99-024 by title only, by
emergency.
DEWOLF: I'll second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
SWEARINGEN: Then conducted the first and second readings of Ordinance No. 99-024.
DEWOLF: Move approval
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. Public Hearing
Before the Board was a Public Hearing Regarding the Annexation of Territory known as
"Eagle Crest Expansion, Phase Annexation" into Rural Fire Protection District No. 1.
Bruce White explained that there is one owner, will obviously full consent, which requires
only one hearing.
SWEARINGEN: Opened the hearing. Receiving no comments, closed the hearing.
LUKE: I move to accept Order No. 99-166.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of November 10, 1999 Page 3 of I 1
Board of Commissioners' Meeting
5. First Reading
Before the Board was the First Reading of Ordinance No. 99-026, Authorizing the Election
of Special Road District Commissioners.
Commissioner Swearingen explained that the First Reading would not be conducted, as
Legal Counsel is still in the process of compiling further information. She then opened the
Public Hearing for comments.
Jim McKenney, Citizen, commented on the La Pine Road District Meeting previously held.
He stated that he was the only taxpayer there not on a district board. He observed that those
who testified seemed to indicate that they want the tax department to keep collecting the fees
for them, but don't want additional responsibility themselves. He asked the Commissioners
to remember the taxpayers out there who didn't have an opportunity to come to the meeting.
Commissioner Luke stated that the meeting had been well publicized locally, even though the
Bulletin Newspaper printed the wrong day. Other publications were correct.
Commissioner Swearingen stated that Lazy River Special Road District had originally been
supportive of an election, but has since recalled its board members and appointed others; and
may now be in violation of state law. This is typical of problems that occur when the districts
do things informally and forget there is a public process that holds them accountable.
6. Before the Board was Signature of order No. 99-167, Accepting a Petition and Setting a
Hearing Date on the Formation of Sun Mountain Ranches Special Road District.
Bruce White indicated that the petitioners are anxious to get the roads fixed. He
recommended acceptance of the petition and to set a hearing date of December 8, 1999. At
this time, this district will not be affected by the Ordinance under consideration regarding
elections of board members.
DEWOLF: I move to approve Order No. 99-167.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
7. Before the Board was Consideration of a Twenty -foot Right -of -Way for NE Fifth Street,
Redmond.
Commissioner Swearingen stated that this is being done to fulfill a conditional land use
agreement, as required by Deschutes County.
DEWOLF: Move to accept.
LUKE: Second.
Minutes of November 10, 1999 Page 4 of 11
Board of Commissioners' Meeting
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
8. Before the Board was a Decision on Whether to Hear an Appeal by Pat and Judy Schatz
Regarding the Expansion of High Desert Veterinary Clinic.
Paul Blikstad of Community Development gave an overview of the situation, and presented
pictures and aerial photos of the properties involved. He further explained that the property
owner could install the buildings as an outright use, per zoning. He also stated that the
veterinary clinic is a conditional use, but the owner feels the proposed buildings are
necessary for conducting his business.
Pat Schatz, the neighbor questioning the expansion, stated that he is concerned about the
devaluation of his property due to the height of the proposed buildings; this affects his views.
He feels that his land is in urban reserve now, and might be zoned into smaller parcels in the
future; and this would affect the value of those parcels.
Commissioner Luke stated that he feels it will likely be twenty years before that happens. He
further said that no permit is required for an agricultural building.
Commissioner Swearingen asked Mr. Schatz if he had discussed the situation with his
neighbors. Mr. Schatz stated that he had not, that he is only a resident a few months of the
year and was not aware of the changes until just recently. Paul Blikstad read the hearings
officer's findings indicating that the buildings are consistent with the nature and use of the
setting.
Commissioner DeWolf stated to Mr. Schatz that the County does not want to waste his
money on appeals, and the Commissioners can't speculate on future zoning and growth in the
City and County. He further stated that the Board cannot speculate on whether the building
might be used commercially.
Commissioner Luke indicated that the Board has to interpret the law as it is written; it is an
outright use, and there must be justification to deny it. Commissioner DeWolf stated that the
150 -day rule ends on December 16, and a decision needs to be made today whether there
should be a hearing; and that it is likely the applicant will prevail. Commissioner
Swearingen suggested to Paul Blikstad that his Department recommend early mediation in
the future, whenever possible.
LUKE: I move that the Board of Commissioners not hear this issue.
SWEARINGEN: Second.
VOTE: LUKE
DEWOLF:
SWEARINGEN
Minutes of November 10, 1999
Board of Commissioners' Meeting
Aye.
No.
Chair votes aye.
Page 5 of 11
9. Before the Board was a Decision on Whether to Hear an Appeal of the County Hearings
Officers' Denial of a Partition of a 20 -Acre Parcel into Two 10 -Acre Parcels in an RR- l 0
Zone.
Paul Blikstad explained that this type of partition is usually no problem, but in this case the
road is not improved for approximately 3/4 of a mile before the property and does not
necessarily follow the right-of-way. He showed the Commissioners maps of the property and
the area. He indicated the ordinance regarding subdivision partitions indicates no
development can occur unless the road is improved. Approval of this partition sets a
precedent. He also indicated the applicant would dedicate a 30 -foot right-of-way.
Commissioner Luke asked if the applicant built on the northern section, could the southern
portion be split off. Paul Blikstad stated yes, as there is expectancy that the County will
eventually improve the road. He also stated that the bridge over the canal is 13 feet wide, a
standard canal bridge, and may not accommodate emergency vehicles.
Tom Blust of the Road Department stated the bridge has a five -ton load limit, which would
likely not handle a fire truck. Commissioner Swearingen asked how one house but not two
could be allowed.
Larry Irwin, representing Larry Acuff, stated that the property has already been divided and
surveyed, with 25 feet of roadway on the east portion of the property. The applicant will add
an addition 30 feet to tie into a northern easement. He also stated that the weight limit on the
canal is 20,000 since it was rebuilt; the old sign was reinstalled.
Commissioner Luke stated that the planners are concerned about potential increasing density,
and asked if it could be conditioned for only one house to be built until the road is improved.
Bruce White, Legal Counsel, said that once there are two lots, this would be viewed as a
temporary taking.
Larry Acuff stated that the fire department has been to adjoining properties, and that
Deschutes County has previously graded and cindered portions of the road. Tom Blust of the
Road Department explained that the road is a County road, but has been not been maintained
very much due to the cost and low usage.
DEWOLF: Move that we hear this issue, de novo.
SWEARINGEN: I second.
VOTE: SWEARINGEN: Aye.
DEWOLF: Aye.
LUKE: Aye.
10. Before the Board was Consideration of Signature of a Conditional Use Permit, CU -98-
120/A-99-3, for a Non -Farm Dwelling for Leo Edwards.
Barbara Rich, Community Development, explained that this property is located one mile
west of the Redmond Urban Growth Boundary, and all parties have indicated their approval.
Minutes of November 10, 1999 Page 6 of 11
Board of Commissioners' Meeting
DEWOLF: Move to approve.
SWEARINGE: Second.
VOTE: LUKE: No.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
11. Before the Board was Signature of Contracts with Deschutes National Forest to Amend the
Facility Grant Agreement.
LUKE: I move for signature.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
12. Before the Board was Signature of an Intergovernmental Agreement with Central Oregon
Intergovernmental Council to Provide Grand Administration Services on the La Pine Water
Prod ect.
DEWOLF: I move for approval.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
13. Before the Board was the Award of the Health and Human Services Building Bid to Merrill
Contractors, Inc.
Rick Hayes, Heery International, and Rick Isham, Legal Counsel, explained that many bids
were submitted, and they recommend awarding the contract to Merrill Contractors, Inc.
LUKE: I move award of the construction contract for the new Health and Human
Services Building to Merrill Contractors for the base bid of $3,149,730, and
exercise alternatives 5 through 13 as set forth in the bid documents, for a total
contract in the amount of $3,247,172. I further move that we authorize the Chair
of the Board of County Commissioners to sign the contract and authorize Heery
International, Deschutes County Construction Manager, to issue a notice to
proceed as soon as the contract documents are in order.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of November 10, 1999 Page 7 of I 1
Board of Commissioners' Meeting
14. Before the Board was Consideration of a Letter Regarding a Land Exchange with the Bureau
of Land Management.
LUKE: I move to approve.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
15. Before the Board was Consideration of Order No. 99-148, Transferring Cash Among Various
Funds as Budgeted in the Fiscal Year 1999-2000 Deschutes County Budget, and Directing
Entries.
LUKE: I move to approve.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
16. Before the Board was Signature of Letters Appointing Rich Rozic, Gene Whisnant, Wyvetta
Wilson, Ted Jones and Connie Schwing to the Deschutes County Commission on Children
and Families.
LUKE: I move to approve.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
17. Convene as the Governing Body of the 9-1-1 County Service District.
Before the Board was the Approval of Weekly Accounts Payable Vouchers for the 9-1-1
County Service District in the Amount of $4,932.90.
LUKE: I move to approve the payment of these vouchers, subject to review.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of November 10, 1999 Page 8 of 11
Board of Commissioners' Meeting
18. Convene as the Governing Body of the 4-H/Extension County Service District
Before the Board was the Approval of Weekly Accounts Payable Vouchers for the 4-H/
Extension County Service District in the Amount of $4,460.19.
LUKE: I move approval of weekly accounts payable vouchers, subject to review.
DEWOLF: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Reconvene as the Deschutes County Board of Commissioners
Before the Board was the Approval of the Consent Agenda, Agenda Items No. 21 through 24 as
follows:
Signature of Resolution No. 99-081, Initiating Proceedings for Tallwood Court Local
Improvement District;
21. Signature of Regional Problem Solving Grant from the Department of Land Conservation
and Development, in the Amount of $68,200;
22. Ratification of Resolution No. 99-082, Approving the Oregon Economic Development Fund
Project Loan Guarantee; and
23. Approval of Weekly Accounts Payable Vouchers, Subject to Review.
LUKE: I move approval of the Consent Agenda.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
19. Discussion of Family Violence Prevention Project Grand Administration; and
20. Signature of Resolution No. 99-083, Authorizing Expenditures of Justice Program Grant
Funds
Before the Board Was Agenda Item. No. 19, a Discussion of Family Violence Prevention
Project Grant Administration; and Agenda Item No. 20, the Signature of Resolution No.
99-083, Authorizing Expenditures of Justice Program Grant Funds.
Commissioner Swearingen and Commissioner Luke indicated their concern regarding the
time and expertise requirements of complying with the complicated rules of this grant.
Mike Dugan, District Attorney, explained that the grant serves to fill five new positions, none
through the District Attorney's office although the District Attorney is the recipient of the
grant. The grant will be structured to allow for electronic transfer to the District Attorney's
account with the Treasurer, and payments would be drawn from those funds.
Minutes of November 10, 1999 Page 9 of 11
Board of Commissioners' Meeting
He further explained that funds must be expended within ten business days. A requisition
was made for six months payment, which is now on deposit with the Treasurer. A memo of
understanding was established regarding requisitions and the time frame in which funds must
be expended.
Commissioner Swearingen asked the grant had been formally accepted. Mike Maier, County
Administrator, answered that the grant has been accepted by the participating agencies, but
had not yet been accepted by the Board. Commissioner Luke stated that an authorization to
spend grant funds must be received from the Board.
Mike Dugan explained Legal Counsel felt the terms of the grant were very vague. He also
stated that the Sheriff, Greg Brown, and the Treasurer, Marty Wynne, are arranging for the
return of grant funds not immediately needed, which will be credited to the property account.
Parties have also been instructed to put new people into place. A requisition will be
submitted prior to payroll, with funds disbursed at that time.
Commissioner Luke stated that the County allows a fund to operate in a negative balance,
with some interest charged, if the grant is not yet in. Marty Wynne said that it would be
budgeted out of grant project funds, and is not shown in the general fund; this is routine.
Commissioner Swearingen asked when appropriations would begin to occur. Marty Wynne
answered that a Resolution is before the Board today to allow this. He also stated that
reimbursing the grant makes it a little complicated, but timing could allow for normal
processing. Bills are in place, and can be drawn down in a routine manner.
Commissioner Swearingen stated that the County is sure to be audited, and the letter of the
grant must be followed. Mike Maier asked if the grantor is in a position to receive money
back. Mike Dugan replied that they are, with the proper documentation. Mike Maier added
that there might be a financial review at some point, and the files need to be complete,
including a trail of the money, the sequence of events, names, and so on.
Dave Anderson, Management Analyst, stated that typically the procedure is an immediate
cost coverage, an advance given for equipment and supplies. The bulk of the expenses are
usually done on a reimbursement basis. Most federal grants allow for a small advance and
then reimbursement approval is given; usually there is some flexibility. Marty Wynne
explained the drawdown requirements, which are fairly specific.
Mike Dugan stated that the grant originally was an 18 -month grant, but now is one year
starting August 31, 1999, ending about that time in 2000. The time frame is longer since the
notification of the grant was not received until October, and there are 90 days after the grant
ends to expend the funds. We have received roughly two-thirds of the grant funds already.
Greg Brown, Sheriff, commented that his department has a number of grants in process. And
he feels care should be taken in giving back money so that we get the proper credit. He also
stated that this grant could conceivably go on for three years should it be renewed. In the
Resolution that has been prepared for signature, all of the money won't be spent in the 1999-
2000 fiscal year because the grant extends beyond that time. He explained the plan is in
place for three people to work on this grant; the District Attorney will sign the quarterly
reports, with individuals from the Treasurer's office working on it as well. He further stated
that he did not see any problem with the management of the grant at this point.
Minutes of November 10, 1999 Page 10 of 11
Board of Commissioners' Meeting
Commissioner DeWolf stated that today was the first time he had heard of the specific
Resolution being discussed. Mike Dugan and Rick Isham, Legal Counsel, answered that
there had been a Resolution drawn up earlier in the week, but it had been revised to the one
before the Board today to include all pertinent details regarding the funding process.
Commissioner Swearingen asked which department should be held responsible if there is a
problem with the grant; she suggested that Greg Brown and Mike Dugan sign off.
Commissioner Luke said he feel that with the individuals involved, the administration of this
grant should be in good shape. He did question Marty Wynne regarding the interest earned,
since we are not supposed to make interest off grant money; Marty Wynne stated that there is
a specific amount that can't be exceeded, and it has not been reached.
Commissioner Swearingen emphasized that we need to be sure to have someone involved
who knows how to handle the specific details and be very knowledgeable regarding all
aspects of the grant.
DEWOLF: I move to approve of Resolution No. 99-083.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
25. Amendments to the Agenda
There were none.
The Board Meeting Adjourned at 11:50 a.m.
DESCHUTES COUNTY)30ARD OF COMMISSIONERS
L. Swe dn&-t% Chair
�C� 2
Dennis R. Luke, Commissioner
Attest
L-�e�-
Tom DeWolf, Commi 'oner
Minutes of November 10, 1999 Page I 1 of l l
Board of Commissioners' Meeting