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2007-1072-Minutes for Meeting January 27,1981 Recorded 6/20/2007COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS COMMISSIONERS' JOURNAL 06/20/2007 10;42;57 AM II ill[ IIIIIIII III II III III T102 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page DESCHUTES COUNTY BOARD OF COMMISSIONERS JANUARY 27. 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 a.m. All three commissioners were in attendance. Discussion regard- The first item on the agenda was a discussion with ing Terrebonne Ed Pyritz, former Chairman of Terrebonne Concerned Concerned Citizens Citizens regarding the Phase I Facility Feasibility and the Phase I Study they had gotten underway. The members of Facility Feasi Terrebonne Concerned Citizens have decided to form bility Study a Sewer Authority to act as the body coordinating this effort. The group was formed as a result of potential sewer problems in the area. The outcome of that formation was a hearing with DEQ at which time DEQ indicated that they would give Terrebonne Concerned Citizens until July 1, 1982 to make some effort toward solving their problems. DEQ indicated they needed to go through the Facilities Plan, Step 1. 75% of the money for this is available through EPA/DEQ and Terrebonne Concerned Citizens would be responsible for the other 25%. TCC has contacted three engineering firms asking them to submit pro- posals and they voted to accept the bid of Century West Engineering because it was felt that their offer was the least expensive overall. The pro- ject cost is $37,200 based on Century West's propo- sal. Dick Nichols explained that there must be a public entity that applies for the grant. He said that the county had agreed to act as the public en- tity and the Terrebonne Homeowners Association will come up with the local share. He said that the public entity has to ratify the choice of the eng- ineering firm. MOTION: YOUNG moved to accept the recommendation of the Terrebonne Concerned Citizens to hire Century West for the Phase I Facility Feasibility Study and instruct them to make grant application. Included is the understanding that the County will be the applying entity. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion regard- Next item on the agenda was a discussion regarding ing Awbrey Butte Awbrey Butte and leases with Chris Williams. Chris and leases. Williams stated that there is a 10-acre parcel on the butte used and owned by the county for the use of radio transmitters and receivers. The county leases parcels of this to other entities for their transmitters. The problem is that it has been the policy of the county to authorize lease applications without site plans or site study. This site has been troubled with several problems, the most impor- tant of which is interference. Other transmitters are mixing with the frequency used by the Sheriff's Page 1 of 8 department causing loss of communication with cars in the field at times. He felt that there needed to be more conformity with respect to the term of the leases. There is also a lack of conformity in the language of the lease agreements. William, also noted that it would be more efficient to have a centralized filing system instead of the existing system which has some of the files in the Commis- sioner's office and some in the Treasurer's office. Mr. Williams. asked that the commissioners not auth- orize any more trnsmitters on the butte until this matter becomes more organized. He suggested form- ing a committee to assist in coordinating opera- tions on the butte. Rick Isham said establishing a policy to establish procedure should be suffi- cient and perhaps they could appoint a committee to make a recommendation. Commissioner Shepard sug- gested putting Chris Williams in charge of this problem. Jim France said he would prefer that the Board appoint the Sheriff's department and he would delegate someone from there. MOTION: YOUNG moved to appoint the Sheriff's de- partment as the coordinating entity to take care of the problems relating to the site. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Jim France said they Sheriff's department will do a study on this matter and subsequently draft a resolution and make a recommendation by the end of the week. Discussion regard- The next item on the agenda was a discussion with ing Animal Control Don Martin and Jimn France-tegarding Animal Control. It was their feeling that the county might be bet- ter served if the Dog Control department merged with the Sheriff's department as opposed to the present arrangement of having the dog control officer work under the supervision of the commis- sioners. The budget would be separate from the Sheriff's department, in the same way that the Search and Rescue department budget is. This could become effective July 1, 1981. They proposed to have the dog control officer required to meet criteria for sheriff's deputies. The position's priority would still be dog control, however, in the event of an emergency this officer would be qualified to respond if he were the nearest patrol car to the scene. This would enable there to be more sheriff's coverage in the county without ad- ditional cost. Don Martin, the dog control officer, is in agreement with this proposal. Page 2 of 8 MOTION: YOUNG moved to turn the supervision of the Dog Control department over to the Sheriff's department and make it a part of that depart- ment. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion regard- The next. item was a discussion regarding Annex park- ing parking facil_ .ing_- with Commissioner Paulson. He said not that ities where temp- the trailers had been removed from the parking lot orary trailers he had been asked by members of the staff what the used to be set parking arrangement would be. He felt that the lower parking area should continue to be used for staff parking as this arrangement had worked well during the time the trailers were in the lot. This would make the upper parking lot available for the public which is more visible and convenient for them. Commissioner Young said that there is a park- ing ordinance in effect relating to this lot. The discussion was tabled until referring to the parking ordinance. Discussion regard- The next item was a discussion regarding Central ing Central Oregon Oregon Housing Authority appointments to the board. Housing Authority Two people had sent letters indicating they were appointments to interested in serving on the board. One is Max the board. Roughcorn from Bend who is interested in either the County Planning Commission or the Central Oregon Housing Authority Board. He did not state a pre- ference. The other is Robert Lutz who is specific- ally interested in being on the Housing Authority Board. He has been involved in housing authorities in Yamhill County. MOTION: YOUNG moved to appoint Robert J. Lutz of -62027 Paradise Alley, Bend, to_-the'.Central Oregon Housing.Authority Board. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG : AYE. Other Staff/ Under Other Staff/Public Concerns Commissioner--Paul- Public Concerns son addressed establishment of staff holidays for Deschutes County Employees for 1981. Those holidays will be as follows: Lincoln's Birthday, Feb. 2; Washington's Birthday, Feb. 16; Memorial Day, May 25; Independence Day, July 3; Labor Day, Sept. 7; Veteran's Day, Nov. 11; Thanksgiving Day, Nov. 26; Christmas Day, Dec. 25; New Year's Day, Jan. 1. In addition to those, one of the following days can be taken as a paid holiday at the joint discretion of the department head and the employee: Nov. 27, Dec. 24 or Dec. 31. MOTION: SHEPARD moved that the holidays be approved as read. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 3 of 8 MOTION: YOUNG moved to amend the agenda to in- clude the declaration of holidays and to discuss the appointment of members to the Farm Review Board. Included was the re- quest for endorsement of revenue bonds. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion regard- Oscar Bratton was present to discuss the appoint- ing making appoint- ment of members to the Farm Review Board. His of- ments to the Farm fice has appointed Omar Moffit of Redmond and Don Review Board Miltonberger of Alfalfa,Wilbur Vandyke of Redmond and Leonard Bowers of Cloverdale were appointed by the commissioners in the past, however they do not have a desire to be reappointed. He made some re- commendations as follows: Don Williams from Lower Bridge/Terrebonne, Arlan Keeton from Cloverdale/ Sisters, Phil Chase from Tumalo/desert, Terry Mills from Lower Bridge, Keith Cyrus from Cloverdale/ Sisters. Commissioner Paulson.suggested Keith Cyrus and Phil Chase. MOTION: YOUNG moved to appoint Keith Cyrus and Phil Chase to the Farm Use Review Board. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. For Signature: Next item was a correction Declaration of Dedication Correction De- for Samuel A. Lindsey, Rick Isham said that there clarations of had been an error in the description; the two road Dedications descriptions had been switched. MOTION: YOUNG moved to adopt the Correction Declar- ation of Dedications. SHEPARD: Second, MOTE: PAULSON: AYE. SHEPAP.D : AYE. YOUNG: AYE. Other Staff/ MOTION: SHEPARD moved to amend the agenda to include Public Concerns discussion of the Sundance East LID and how they are to proceed with their engineering studies, YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion regard- Neil Hudsor,L began the discussion by stating that the ing Sundance East Road Department has not been funding the cost of Engineering Studies.the LID's and the Road department had proceeded under the assumption that they were going to retain Col- vin & Hoerning to do their engineering. At this point Sundance East has declined to do that. The engineering cost would be $22,600. The last 3 items of the 7 listed in the proposal are construction- type items that would happen after they had sold the bonds so those funds would not have to be fronted. Page 4 of 8 The engineering costs would be between ten and fifteen thousand dollars before that point was reached. Commissioner Paulson stated that it was his recollection that the engineers were going to proceed with that amount of work with the expec- tation that they were going to be financed after the bonds were sold. Neil Hudson said it was his recollection that they were not going to be front- ing the money to do the engineering. Dave Hoerning, said that his firm had originally planned to use the existing grade as the subgrade, making the eng- ineering minimal and they could have made has-, built plans afterwards. He said that the whole aspect changed, however, when he was told that they needed a full-blown job under the LID. He said it was his impression that the county would be able to absorb the engineering costs in order to get to the point at which they could get the bid and see if they could sell the bonds. Commissioners Shepard. said that it was his understanding right from the outset that the county did not have the funds to do this. Mr. Stani.ford of Sundance said that the original premise that they were operating under last summer was that the county had no-money to front, that the only way they would get this done was to do a minimum amount of engineering and to do the project and the engineering at the same time so that the costs weren't fronted by the county. He believed they had been told that the county did not want to front the engineering prior to sending out a letter of remonstrance because if the letter of remonstrance were defeated the county would have no way of recouping their expen- diture. The letter of remonstrance was sent out in December and there had been approximately 10 "no" votes out of 200 lots. It was his impression that the county would proceed on this since they had survived the letter of remonstrance. He said the county had shown a schedule indicating when they would get the engineering done to prepare the bonds and they would get the engineering done and get the bonds sold. He felt that they had been mislead. Rick Isham said that with respect to bond sales, it was his understanding that.the county was assuming those costs necessary in order to proceed with the bond sale. This includes the preparation of whatever needs to be prepared in-house, the con- tacting of a financial consultant for the purpose of preparing a bond prospective, the preparing of the Bancroft agreement, the cost of advertising and the cost of printing the bonds. It was Mr. Isham's understanding that it did not include the prelim- inary engineering of the project. If there were no sale any costs and expenses incurred by the county to finance the project could be required to be absorbed by the county. If the bonds are sold, it should pay for the expenses that they have fronted. Mr. Isham said it is probable that the bond sale bea little less than the total cost of the woul(f J project because of the refusal of some of the prop- Page 5 of 8 erty owners to sign the Bancroft agreement, which would eventually wind up as a loss to the county. They can establish a lien on property owned by those who refused to sign and the county would get paid back within a year on those parcels. If they still do not pay, then they actually wind up having to foreclose and sell the property for purposes of getting the money that's due and owing. Charles Robinson of Sundance said that he felt that they had been unnecessarily held up by the county and he urged to the county to proceed on this project. Commissioner Paulson said the question now was whether or not they would go ahead and put up the front money for engineering or stick with the original agreement that they would only do the administrative work through County Counsel. Neil Hudson said that the only two LID's that have outside engineers at this point are Sundance East and Howell's Hilltop Acres. The cash outlay for these two would amount to $16,000 because Howell's Hilltop Acres has their own funds to hire their own engineer. MOTION: SHEPARD moved that the county extend suf- ficient time and money for necessary eng- ineering for all the LID'S outlined in the memo from Mr. Hudson including only those that get their petitions in by Feb. 2, 1981. YOUNG: Second. DISCUSSION: Commissioner Young asked if the county had the funds for this. Neil Hudson said that the Road department had enough budgeted in contingency to cover this portion of.it. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. FOR SIGNATURE: The next item was with Tom Bryant in relation to some REVENUE BONDS revenue bonds. Tom Bryant presented a proposed re- RESOLUTION solution for action by the commissioners on behalf of Glen F. McCormick and G.F. McCormick Enterprises, Inc. Mr. McCormick is in the process of acquiring ownership of the Wickiup Manufacturing Company, which is located in the Brooks Industrial Park, subject to the availability of financing through the Oregon Economic Development Program Bonding statutes. They are now preparing to submit their application which does require evidence of the commissioner's approval of the project in the form of a resolution. MOTION: YOUNG moved to adopt the resolution with the understanding that the county has no financial responsibility with respect to these bonds. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Page 6 of 8 FOR SIGNATURE: ' The next item for signature was Ordinance #81-005 ORDINANCE #81-005 in regards to stream or lake setbacks. Chairman RE: STREAM OR Paulson, read the ordinance amending the PL-15 Zoning LAKE SETBACKS Ordinance of 1979. This repeals Ordinance #81-003. For all practicial purposes this is identical to #81-003 except that #81-005 has an emergency clause. MOTION: YNG moved that the reading be by title only to proceed with action. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. FOR SIGNATURE: The next item for signature was the Oregon Compu- OREGON COMPUT- terized Criminal History Program Agency Agreement. ERIZED CRIMINAL It requires the signature of the chairman only, how- HISTORY PROGRAM ever, the chairman must act in conjuction with AGENCY AGREE- the board, therefore he called for a motion. MENT MOTION: YOUNG moved that the chairman sign it. SHEPARD declined to second, stating that he felt that this was an invasion of pri- vacy and that he was strongly opposed to this. Motion died for lack of second. Rick Isham said that this agreement provides for limitations on access and use. MOTION: PAULSON moved that they approve the Oregon Computerized Criminal History Program Agree- ment. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: NO. YOUNG: AYE. MOTION: YOUNG moved that they amend the agenda to allow Brian Christensen to present inform- ation on improvements that had been made on county-owned land. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. INFORMATION ON Brian Christensen said that Pat Pilcher, in doing COUNTY-OWNED LAND the county lands inventory, discovered a five-acre IMPROVEMENTS parcel of county-owned land east of town just off of Hwy. 20 that had been cleared of all vegetation including juniper trees, sagebrush and grasses. Robert Kemnitz holds the lease to that property. Mr. Kemnitz indicated that he had spoken with former County Counsel, Jill Thompson, and that she had given him permission. Brian spoke with Ms. Thompson after that time and she said she could not recol- lect any such agreement. Mr. Kemnitz plans to plant alfalfa, yet his lease of for grazing purposes only. Page 7 of 8 Being no further business, the meeting was adjourned. 74 Susan Stoneman Recording Secretary Page 8 of 8 BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON