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46-215-Minutes for Meeting April 06,1983 Recorded 4/22/19834e DESCHUTES COUNTY BOARD OF COMMISSIONERS " ` I D 46 ~ APRIL 6, 1983 - COURTDAY MEETING Val. ~C~~5 Chairman Young called the meeting to ordeNAfttSL+$tR90ftQ*,-CQ.VfWssioner Tuttle and Commissioner Prante were also present. Amendments to Chairman Young indicated that item #18 on the agenda the Agenda would be heard.at 10:30 A.M. There were no changes or additions to the amendments. Public Hearing Commissioner Tuttle gave a brief background on this Regarding Ore- Oregon Community Development Block Grant application gon Community which would provide for a revolving loan program Development for small businesses in Central Oregon. This applica- Grant tion is a joint effort with Central Oregon Intergov- ermental Council, who will administer the loan program should funds be granted. Chairman Young opened the public hearing. Mike Hillis, Oregon Equipment Co. and also Chairman of the Department of Economic Development Small Business Advisory Committee, testified in support of the revolving loan program on behalf of the committee. He stated that small<businesses supply over 90% of new jobs and are very important to the economy. He noted that the loan program would provide lower interest rates and longer repayment periods. Jim Curtis, Oregon Department of `Economic Development, stated that it is difficult to find long term financing for small businesses in the state, and this will help remedy that. He stated that their department has also developed a revolving loan which will be made available to small business in conj unction with; private financing and block grant funds. This program will be implemented in conjunction with the proposed block grant program. John Weber, Evergreen Home Services, asked how to apply for these loans. Being no further testimony, Chairman Young closed the hearing. Commissioner Tuttle responded to Mr. Weber's inquiry, suggesting that he direct his application to Mike Sullivan of COIC. Mr. Sullivan then briefly outlined the application process, stating the criteria for selection would be the number of jobs created, the amount of private financing to match public financing and a credit review. Since the Board approved the concept of the proposed program in a previous meeting the only thing remaining for the Board to do is to sign the application when it is ready. Page 1 of 7 Deschutes County Board of Commissioners April 6, 1983 - Courtday Meeting YU, v, Continuation _Mr. Hudson requested that this be postponed for two of Road Vac weeks. The Board approved. ation Hearing on 1st Street in Terrebonne Request by Commissoner Prantefexplained_that-this_•isa group in Sisters Com- Sisters interested..in._.cleaning up an area of Sisters munity Action and are requesting that they.b.e allowed free..use of, Group relat the dump to dump the.debris. They will identify the ing to Land vehicles they are using, and only want access for one fill Use day. MOTION: PRANTE moved to approve the Spring Clean Up in Sisters. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Mike Maier, Director of Administrative Services, stated garding County that there are a number of policies approved by the Policy Form Board but have never been put in writing. He suggested that these be compiled and put in writing so that policies will be maintained consistently. Mr. Isham had suggested an indexing format to be done on the word processor. MOTION: PRANTE moved to adopt this format for recording county policies. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Chairman Young stated that Frank Loggin had been in garding Chang- the office to request that the Board write a letter to ing the Name the Chamber of Commerce expressing their support of Bachelor Butte this name change. to Mount Bach- MOTION: PRANTE moved to-acknowlege that Mount elor Bachelor is truly a mountain and so name and send a letter to the Bend Chamber of Commerce. ,TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Possible Env- Chairman Young gave a brief history of this matter, ironmental noting that this was not a hearing, but a discussion. Health Viola- He called for comments. tion on Ward Road Ralph W. Boese, 61707 Ward Road, came forward.., He had gathered 115 signatures on a petition,.whieh,Chair- man Young read aloud. He stated that the wood products on the property in question have been building up over time and that there is a problem with blowing trash all over the neighborhood. He showed the Board some' photographs he had taken of the property from his::,-, home. He is concerned about the fire hazard posed to his and other neighboring property by the wood.:chips. Gordon Priday, 61655 Ward Road, stated th4t this dump covers about two acres and that there are-people one. Page 2 of 7 -A''Deschutes County Board of Commissioners v 46 WE2, ,d April 6, 1983 - Courtday Meeting half mile away that can't sleep when the lumber hog feeder is started. He stated that the Assessor had agreed to come out a lower the appraised value on the neighboring properties exposed to this use. Ed Lonegan, 61725 Ward Road, stated that this was very dangerous as a fire hazard as other homes would be involved. He stated that it was also very noisy and that a lot of trash is getting into the irrigation canal. Mike Wibel, 61729 Ward Road, stated that is home is about 300 yards southwest of the dump site and that his major concern is for fire. He had had a fire inspector to his, home who suggested that something be done about this place. His insurance agent stated that this won't affect his insurance rates, but that some agents may refuse to write him any insurance because of the neighboring use. There were no further comments. The Board instructed Mr. Isham to report back to them in two weeks outlining. possible courses of action. Signature of Mr. Isham requested that this be continued for one Juvenile De- week. The Board approved. tention Agree- ment Orders 83-114 These orders establishing 25-ton weight limits on & 83-115 Est Knott Road and Reed Market Road.:, Mr. Hudson explained ablishing 25- that this was because the roads were not designed to ton Weight handle larger vehicles. Limits MOTION : TUTTLE moved to adopt Order 83-115 and Order 83-114. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Ordinance 83 Mr. Hudson stated that this will make any violatian:,__.. 030 Prohibit- an infraction. Chairman Young gave the first;,and ing Irrigation second readings of the ordinance in their entirety. Water on MOTION: TUTTLE moved to adopt Ordinance 83-030. County Roads PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Ordinance 83- Mr. Isham explained that this assigns payment of 029 Providing court-appointed attorneys fees to the State. This for the Assig- occurs as a result of court-appointed attorneys being nment of appointed to individuals with resources to pay, so Claims to payment is collected later. This assigns that,moneyk. State to the State as the County elected not to go through the accounting process necessary to regain county claims. Page 3 of. 7 I 'Deschutes County Board of Commissioners April 6, 1983 - Courtday Meeting v~ FACE MOTION: PRANTE moved to have the first and second reading by title only. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Chairman Young so read Ordinance 83-029. MOTION: TUTTLE moved to adopt Ordinance 83-029. PRANTE: Second VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved to - sign the assignment. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. City of Bend MOTION: TUTTLE moved to sign the City of Bend Plat "Mill All Plat "Mill A" for Brooks Resources. for Brooks PRANTE: Second. Resources VOTE: UNANIMOUS APPROVAL. MJP-82-5, MOTION: PRANTE moved to sign MJP-82-5 major Ernest partition for Ernest Warrington. Warrington TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Public Hearing Chairman Young opened the public hearing. John Andersen, on the Solar Planning Director, submitted several documents to the Access Ordin- record. He explained that these ordinances amend the antes zoning ordinances and the subdivision/partition ordin- ance to provide for solar access. He read aloud his recommendation to approve the proposed ordinances. He read aloud the Planning Commission's recommendation which was approval with changes. He also submitted letters to the Planning Commission, 7 in favor and one (from Central Oregon Builders Association) in opposition. He also submitted a copy of a press release. Carol Wells-Connell, Conservation Management Services, came forward representing the consultants on the project. She stated that the grant to write these ordinances was the number one grant in the region. She noted that there had been a work session in which the ordinances were discussed in detail. She submitted to the record a response to the Central Oregon Builders' Association letter, as well as a letter from Neil Huston in support of the ordinances. She also submitted a list of minor changes made in the workshop. She then briefly went through several letter in support of the ordinance from various people throughout the community. She stated that there are three parts to the ordinance, first, setback calculations, second, permits, and third, provisions for new developments. Page 4 of 7 "Deschutes County Board of Commissioners April 6, 1983 - Courtday Meeting Distribution of Land Sales Notebooks VOL 46 PACE 1 Beardsley Graham, member of the Urban Area Planning Commission spoke in favor of the proposed ordinances. He stated that this energy source is 'zero pollution, and gave some statistics to relating to nuclear and fossil fuels. He felt that protection of solar use was very important as would b'e provided by this~ordin ance. Henry Marcus, Land Use Specialist from the Oregon Department of Energy submitted two letters to the Commission from their Director, Lynn Frank in which they recommend that the County.update'their plan to address solar access and recommend approval of the solar access ordinances. He stated that this ordin- ance is already being used as a model for the rest of the state. He stated that the Pacific Northwest Regional Power Council is about to adopt their regional power plan in which they encourage local entities to adopt ordinances such as these. Regarding the pragmatic impacts of the ordinance, he stated that there is now a computer program which makes it easy to determine the appropriate setbacks. With regard to the record- ation process, he had brought with him the equipment necessary to take a sun-chart photograph which could be attached to the application. With regard to sub- division design, the experience has been that the first time a designer does a solar subdivision it does take some extra time, but on subsequent designs it is more easily integrated with the process. He stated that their department recommends approval of the ordinance. Sid McGill, a member of the Solar Access Committee, stated that he is the owner of a solar home which won an award from the Planning Commission. He stated that the solar gain has been very cost effective, but without the protection of this ordinance, they may lose their investment. Hearing no further comments, Chairman Young closed the hearing. Mr. Andersen stated that the ordinances would be ready for reading by April 13. Mr. Isham noted that these ordinances have been sent to LCDC for review. Mr. Isham explained how these notebooks had been pre- pared and gave one to each Commissioner. 4 Page 5 of 7 Deschutes County Board of Commissioners VOL it) ?Act 29 April 6, 1983 - Courtday Meeting Resolution 83- MOTION: PRANTE moved to approve. 012, Appropri- TUTTLE: Second. ating Dona VOTE: UNANIMOUS APPROVAL. tions for Re- decoration Agreement Mr. Isham stated that this provides that Deschutes with the County will maintain Century Drive between Mount Federal High- Bachelor and Elk Lake and they will reimburse the way Adminis- County. tration MOTION: TUTTLE moved to execute the agreement with the Federal Highway Administration for the maintenance of Century Drive. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Prineville Railway Agreement Ordinance 83- 034, Prohibit- ing operation of unlicensed Restaurants, Public Pools or Tourist Facilities This agreement provides that either party shall contact the other prior to doing any repair or maintenance work on a road or railway that will effect the other party. This was a result of the railway doing some work on a track that created the need for repair work on a county road. If there is an improvement constructed and an agreement is not reached between the two parties, then the party initiating the improvement must bear tb4 cost the other party is put to. MOTION: TUTTLE moved to approve the agreement- " with the Prineville Railway for the purpose of establishing responsibility-, for impacts on County right., of `ways and railroad right of ways. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. This agreement will be sent to Prineville for their signatures before the Board signs. ` Mr. Isham explained that the County is req'ui`red by the State to license such facilities and this will make operation of a non-licensed facility a violation of the County Infractions Ordinance. MOTION: TUTTLE moved that they read Ordinance 83- 034 by title only first and second readings. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Chairman Young so read. It was noted that an emergency clause should be added, and was so incorporated to the reading. MOTION: PRANTE moved to adopt Ordinance 83-034. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Page 6 of 7 r Deschutes County Board of Commissioners April 6, 1983 - Courtday Meeting vot 46 PACE 221 Order 83-116, Mr. Isham stated that this is for the purpose of Transferring advancing expenditures for right of way acquisition Appropria- relating to Equestrian Meadows LID. tions Within MOTION: PRANTE moved to adopt Order 83-116. the Road Fund TUTTLE: Second:. & General VOTE: UNANIMOUS APPROVAL. Fund OLCC License Before the Board was an OLCC License application Application for the Trails End Trading Post in LaPine. MOTION: TUTTLE moved to approve the OLCC License application for Trail's End Trading Post. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Orders 83-117 MOTION: TUTTLE moved to adopt Orders 83-117 through 83- through 83-142 in the Matter of 142 In the Refund of Taxes. Matter of PRANTE: Second. Refund of VOTE: UNANIMOUS APPROVAL. Taxes General Fund None. Bills/Road Department Other Staff/ None. Public Con- cerns Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS AL T` A. YOUNG, IRMA 4.t%i ~_~t-a -GfrcJ Cc yam. ~.Wit`; f ~ L..-`LO RISTOW PRANTE, COMMISSIONER _ ► 11. LAURENC'EANTUTTLE' COMMISSIONER /ss Page 7 of 7