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2007-1245-Minutes for Meeting August 29,1984 Recorded 6/21/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS COMMISSIONERS' JOURNAL 0611111007 08;59;34 Aft 2007-1246 Do not remove this page from original document. Deschutes County Clerk Certificate Page L- 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 If . DESCHUTES COUNTY BOARD OF COMMISSIONERS gq_loc_~ AUGUST 29, 1984 REGULAR MEETING MINUTES Acting Chairman Tuttle called the meeting to order at 10:00 A.M. Commissioner Prante was present; Commissioner Young was absent.__ Amendments to Chairman Tuttle read the amendments to the agenda. the Agenda There were no changes or additions. Final Order Chairman Tuttle explained that the items for Certifying the L.I.D.'s are public hearings and after the Assessment hearings will be consideration of the final orders Glenwood LID certifying the assessments. The hearings on the Order No. 84-228 L.I.D.'s are for the purpose on commenting on the (action item) amount of the assessment as indicated in the final order. The testimony should be reflective on the amount. Chairman'Tuttle opened the hearing for the Glenwood L.I.D. assessment. Dave Hoerning, County Engineer, explained that the L.I.D. is under construction at this time and in order for bonding before the November 6 election the project is proceeding with the price given by the contractor with the addition of the administrative costs for Bancroft Bonding. The final assessment is $1,908.64 for each of the thirty-two lots. Nicholas Orr, 52344 Glenwood Drive, came forward and asked how the assessment amount would be paid off. Chairman Tuttle explained that it can be paid off as a lump sum or when the bonds are sold it would become a lien against the property to be paid out over the term of the bond sale. This is anticipated to be a ten year bond sale. Mr. Orr stated that he has no objection to the improvement but objects to the way it has to be paid off. Mr. Orr asked if the payments can be delayed until there is a sale of the property. Richard Isham, Legal Counsel, explained that the statutes provides that you can pay up to one year in arrears without forclosure on the lien. If it goes into the third payment period in arrears it would then be subject to forclosure for non-payment. Mr. Isham stated that there is no provision for holding the lien while you may be attempting to sell the property. The lien may be assumed by the purchaser or may be paid off without MEETING MINUTES - PAGE 1 pre-payment penalty at the time the property sells. Mr. Orr stated that he was told one year ago that it could be delayed indefinitely. Mr. Isham stated that under the tax deferral statute there is the ability to defer on_th_e-same basis taxes are defered. Mr. Isham will verify this and forward the information to Mr. Orr. Leroy Ladd, 52306 Glenwood Drive, said that he understands this is not the final bill. Mr. Hoerning stated that this is the final bill and if there is any overages the County will absorb the costs. Mr. Ladd asked what the interest will be for the bonding. Mr. Isham stated that the application to be mailed out to the property owners provide for 12% interest. Mr. Isham continued that at the time of sale the Board of Commissioners may provide for the interest rate to be set at an amount not greater than 12%. Mr. Ladd asked if there would be any penalties for paying off the assessment early. Mr. Isham stated. that there is no penalty for early payment. Mr. Ladd asked when the first payment would be required. Mr. Isham stated that the first payment will be due April 1, 1985. Chairman Tuttle closed the hearing. MOTION: PRANTE moved to adopt Order No. 84-228 establishing the assessment for the Glenwood L.I.D. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Final Order Chairman Tuttle explains that this order sets a lot Certifying assessment of $2,220.14 per lot. There are Assessment fifty-five lots within this L.I.D. for Cheyenne L.I.D. Mr. Hoerning explained that the assessment came out Order No. 84-229 less than the remonstrated amount. (action item) MEETING MINUTES - PAGE 2 Chairman Tuttle opened the hearing for comments on the Cheyenne L.I.D. Mona Fanning, Maverick Lane, stated that the empty lots do not have access because the road is extremely high and there is a drop off,. to thei_r__ property. Mr. Fanning stated that for the people living there the accesses were put in. Mr. Hoerning stated that when roads are built only the accesses in existence are connected. Mr. Hoerning continued that on a vacant lot the County does not know where people are going to want the access and there is a permit to be obtained from the road department getting access to County road. Mrs. Fanning stated that she was told that under normal circumstances there is a meeting held with the property owners before-the _work is done at, which time accesses are requested. Mrs. Fanning stated they were not informed that there was a possibility for access. Mr. Hoerning stated all of the required meetings were held. Mr. Tuttle stated that her concerns will be noted. Henry Lin, 56765 Solar Drive, came forward and asked how many properties were included in this L.I.D. and expressed some concerns about the type of road being constructed. Chairman Tuttle closed the hearing. MOTION: PRANTE moved to adopt Order No. 84-229. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Final Order Chairman Tuttle explained the final assessment is Certifying $3,967.50 and the original remonstrance amount was Assessment for $4,000. There are ten lots within this L.I.D. Mathers Road L.I.D. Chairman Tuttle opened the hearing for comments. Order No. 84-230 (action item) Keith Harless, 20140 Mathers Drive, explained that his concerns have been submitted to the Board in the form of a letter. Mr. Harless continued that his concerns are not directly related to the remonstrated value but feels it is the only opportunity to state some objections to do with access to properties from the road to Koth, Drew and Harless. Mr. Harless said that despite the best efforts of the County engineers the road MEETING MINUTES - PAGE 3 access is unacceptable. Mr. Harless said that they have tried very hard to stay involved with the progress of this project. Mr. Harless said that they think the road is unsafe for families as well as friends who come to visit. The safety is compromised from the original road bed because of the right angle nature the road takes now o-nto Mathers Drive. Mr. Harless said that he was told that it has to be at a right angle because of ordinance requirements and there was no option. Mr. Harless said since they were told they had no option they have been trying to do the best with the situation. Additional fill was brought in and the County has been most helpful but the road is unsafe. Mr. Harless said the prior access was flat with solar gain and is a road for three residence not a dead end road. The new road is steep, does not give solar gain, has a four to six foot drop off on either side and blocks vision. Mr. Harless said that they are seeking restoration of the old road bed. This would entail pushing the fill to the west and using the fill to restore the previous road bed. Mr. Harless stated that he is a physician and makes 50 or so emergency trips at night and does not look forward to making these trips with the uncertainty of making it to the hospital promptly. Commissioner Prante asked Mr. Harless if it would be possible to keep the right angle access and increase the safety by additional fill or something of that nature? Mr. Harless said that they have tried that and it is not possible. Chairman Tuttle stated that the letter has been recieved and forwarded to County Counsel and there have been discussions with the Public Works Department. Chairman Tuttle assured Mr. Harless of the County's willingness not to close the subject as far as investigating what can be done at this point. Chairman Tuttle stated that he appreciates the way in which the Harless family has been working with the County to solve this problem. Chairman Tuttle explained that for the record, Mr. Harless needs to indicate if he has objections to the assessed amount. Mr. Harless stated that their interest is not to be obstruction but to make it very clear they are most unhappy with this particular problem. Mr. Harless said that it must be made clear today the way in which the issues are to be resolved. MEETING MINUTES - PAGE 4 Commissioner Prante stated that the County needs to expedite the L.I.D. process because of the bonding uncertainty. Commissioner Prante said that the assessment can be approved and the issue in question would remain open for resolution. Mr. Harless stated that he feels he may not have as much leverage after the assessment has been finalized. Chairman Tuttle stated that the objections have been noted and the Harless family can be assured that this issue will not be closed as far as resolving the access, but action needs to be taken on the assessment. Richard Koth, 63515 O. B. Riley Road, stated that he does not object to the assessment but would like to comment on the road. Mr. Koth stated that he now has to move his farming equipment on the highway and some equipment is not allowed. Mr. Koth expressed his concern regarding the safety of the road. Mr. Koth suggested moving the 90 degree turn further down the road. Susan Harless, 20140 Mathers Drive, stated that 18 months ago the road was to be engineered at 30 miles per hour. During the winter months and some illnesses within the County Road Department, an error was made and the limit has been changed to 40 miles per hour. Mrs. Harless said that this has contributed to the access problem because of the additional banking required and the $6,000 added to the assessment. Mrs. Harless said that they would compromise on the County moving the fill and arranging the road as it was originally. Commissioner Prante stated that until the Board has personally seen the situation and met with the Engineer's, a decision cannot be made today. Gretchen Williver stated that she supports the Harless' concerns. Being no further comments, Chairman Tuttle closed the public hearing. Richard Isham stated that the way the ordinance is drafted it indicates that there are no remonstrances. Mr. Isham stated that Mr. Harless indicated he had no objection to the amount but did not want to close the issue of access and Mrs. Harless was concerned about a number of matters MEETING MINUTES - PAGE 5 that she said affected price. Mr. Isham stated that the order needs to be modified to show that there is objection to amount of assessment. MOTION: PRANTE moved to approve Order No. 84-230 with the amendment to show an objection to the assessment by Susan Harless, X0140 Mathers Road, Bend, Oregon, tax lot 171217 327. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Final Order The three affected property owners are Robert L. Certifying Shannon c/o Thomas Moyer, $25,211.07; Carl C. Assessment Backstrom, $12,027.86; and Sidney McGill, for McGill $25,211.07. L.I.D. Order No. 84-231 Mr. Hoerning stated the if there are no (action item) remonstrances and the bid is accepted, he would like the Board to award the bid to R. L. Coats. Chairman Tuttle opened the hearing. Being no comments, the hearing was closed. MOTION: PRANTE moved to accept order No. 84-231 establishing the assessment for McGill L.I.D. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MOTION: PRANTE moved to award the bid for $62,450 to R. L. Coats for the purpose of construction of the McGill L.I.D. TUTTLE: 'Second VOTE: UNANIMOUS APPROVAL Award of Chairman Tuttle explained that this contract is for Contract for the paving of Lower Bridge Market Road, Deschutes Overlay Market Road, and Alfalfa Market Road. The bids Projects were opened on August 21, 1984. Bids were as (action item) follows: R. L. Coats, $542,000; Bend Aggregate and Paving, $593,000. The Public Works Department recommended awarding the contract to the low bid of R. L. Coats. MOTION: PRANTE moved to award the contract to R. L. Coats in the amount of $542,000. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 6 Second Reading Chairman Tuttle explained that the public hearings and Possible were held in a joint meeting with the Redmond City Adoption of Council. The first reading of the ordinances and Redmond Canyon canyon plan amendments were two weeks ago. Plan and Zoning MOTION: PRANTE moved for the second_r-pading of the Ordinance Redmond Canyon Plan by title only. (action item) TUTTLE: Second VOTE: UNANIMOUS APPROVAL Chairman Tuttle read the title of Ordinance No. 84-025 for the second reading. This Ordinance amends Ordinance PL-18, the Redmond Urban Area Comprhenesive Plan as amended by adopting the Redmond Canyon Plan and the maps. MOTION: PRANTE moved to adopt Ordinance No. 84-025. TUTTLE: Second VOTE: 'UNANIMOUS APPROVAL MOTION: PRANTE moved to read by title only of Ordinance No. 84-026. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Chairman Tuttle read the title of Ordinance No. 84-026 for the second reading. This Ordinance amends Ordinance No. 80-201, the Redmond Urban Area Zoning Ordinance of 1980, implementing the Redmond Canyon Plan, allowing new uses in the Park Reserve Open Space Zone, and allowing lot size variances when densities are transferred. MOTION: PRANTE moved to adopt Ordinance No. 84-026. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Microfilm MOTION: PRANTE moved to sign the microfilm Equipment maintenance agreement in the amount of Maintenace $580. Agreement TUTTLE: Second (action item) VOTE: UNANIMOUS APPROVAL Signature of MOTION: PRANTE moved to sign Cascade Meadow Plat No. TP Ranch Plat No. 646. 646, Ron TUTTLE: Second and Debbie VOTE: UNANIMOUS APPROVAL Broaddus MEETING MINUTES - PAGE 7 OLCC Before the Board of Commissoners were the following Liquor License Liquor License Renewals: Trail Inn, Inc.; Three Renewal Creeks Lakes Store; Geno's Italian Specialities; Applications Wood Mark Bowl; J.C.'s Little Pub; Bachelor's Retreat Fine Food and Altitude Room; and Hook, Wine & Cheddar. MOTION: PRANTE moved to approve the OLCC License Renewal Applications as presented. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Signature of Chairman Tuttle explained that letters will be Letters Re- sent to Health Facilities Section, Office of garding Home Environment and Health Systems and to the Division Health Agency of Survey Operations, Office of Health Standards Transfer and Quality, Department of Health and Human (action item) as part of the Home Health Agency transfer from County operations to a non-profit status in conjunction with St. Charles Hospital. MOTION: PRANTE moved to sign the letters as presented. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Signature of Chairman Tuttle explained that Joint Declarations Joint are agreements between the County and County Declarations subcontractors indicating that they have provided (action item) their own industrial accident insurance and waives their rights under insurance coverage of the County. The following Joint Declarations were before the Board: Karen Forte; Margaret Slothower; Evelyn M. Wilson; Nancy Ricker; and James Henson. MOTION: PRANTE moved to authorize the Acting Chairman to sign the Joint Declarations as presented. TUTTLE: Second VOTE: UNANIMOUS APPROVAL Memorandum of Chairman Tuttle explained that the County provides Understanding innoculation service for Brothers School District Between one or two days per year in the amount of $102. Deschutes County and Brothers MOTION: PRANTE moved to authorize the Acting School District Chairman to sign the Memorandum of (action item) Understanding with Brothers School District. TUTTLE: Second VOTE: UNANIMOUS APPROVAL MEETING MINUTES - PAGE 8 Discussion Richard Isham explained that this program has Regarding been approved by the Circuit Court Judge by letter. J Bar J A signature block will, be provided for the Circuit Juvenile Court Judge as a courtesy. Mr. Isham stated that Detention the standard operating procedures used by J Bar J Proposal will need to be reviewed. _ Ken Dalton, J Bar J, explained that they are currently under contract with the State of Oregon Children Services Division for all procedures for care and standards of treatment. Chairman Tuttle stated that as soon as J Bar J has signed the contract it will again come before the Board. Signature of Chairman Tuttle explained that the grant monies Resolution have not yet been received from the state and No. 84-037 this would enable to Treasurer to borrow monies A Resolution from the general fund until the monies are Authorizing received. the Deschutes County Treasurer MOTION: PRANTE moved to approve Resolution No. to Borrow 84-037. Monies for the TUTTLE: Second CAA Planning VOTE: UNANIMOUS APPROVAL Grant from the General Fund (action item) Resolution Chairman Tuttle explained that there is a Juvenile No. 84-038, Services Grant fund and some of the funds are to A Resolution pay personal services in addition to material Amending a services. During the budget process, the portion Portion of for personal services was not broken down. Section 2 of Resolution MOTION: PRANTE moved to adopt Resolution No. No. 84-018, a 84-038. Resolution TUTTLE: Second Levying Ad VOTE: UNANIMOUS APPROVAL Valorem Taxes for the Fiscal Year 1984/85 Nunc Pro Tunc (action item) Request for Before the Board were the following request for Refunds refunds: Vaction Internationale, LTD, $49; Century Villa Pools $160; Ross Plumbing $41.20; Al Nesbitt, $198.64; Al Nesbitt, $133.64; Al Nesbitt, $133.64; Al Nesbitt, $133.64. MEETING MINUTES - PAGE 9 c Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS Albert A. Young, Chairman tn%ce/A.. w Prante, Commissioner uttle, ommissioner BOCC:ap MEETING MINUTES - PAGE 10