1995-23165-Minutes for Meeting August 03,1983 Recorded 9/7/198395-x3165
DESCHUTES COUNTY BOARD OF COMMISSIONERS
AUGUST 3, 1983 - COURTDAY MEETING �,,�tj�Dl'to �a
� o'N SUS p�'
C `! C_ERK
Chairman Young
called the meeting to order �A_ViVt � A.M. Commissioner
Prante and Commissioner Tuttle rwere ead also in attendanents. There were
Amendments to noachangesirman oorgadditions.
the Agenda
Dave Hoerning, County Engineer, gave the background
to be assessed.
Remonstrance
Hearing/35th
details, noting that 1(d6 lots were
had been received to date.
St. LID
Three remonstrance letters
opened the hearing.
Chairman Young
Dennis Nordman stated that he owns the first lot going
concerned because
onto 35th on the west side. He was
hefeastsidewould
the lots onthe
the letter stated that
that pao
not be assessed. He stated if
the original easement andthat
had been taken for
the improvement on seae t,mthe road
the easement,
they make
will run across his front
the road and that
that there is a traffic p roblem on
travel essHeehadspeeds. stated
cars sometimes submitteda
is opposition to project.
an addi-
so stating. Mr. Hoerning noted that
the east will be
tional 20 -foot right of way to
it further from Mr. Nordman's home.
acquired, moving
stated that some parcels were not
not
Mr. Hoerning
assessed because they were facing a canyon rim and
buildable.
further comments, Chairman young -,closed the
Hearing no
hearing.
Remonstrance
stated that this project is near LaPine
Mr. Hoerning was
involved. One remonstrance (6%) was
Hear
and 16 lots are
Chairman Young °pcned the
Way LID
received. theehearing.
comments, Chairman young closed
no
Remonstrance
ots
Mr. Hoerning stated that there are 56 affected Chair-
15 remons (23� .
Hearing/Chey-
ve received
and they ave
Young opened the hearing. James Anderowaski,
the
enne Rd. LID
man
Eugene, owns land off of Cheyenne Road stated
his neighbors of the
support of himself and three of
further comments,
proposed project. Hearing no
Chairman Young closed the hearing.
Mr. Hoerning stated that there are 18 affected lots
off of Burgess
Remonstrance
Hearing/Glen-
and the project is in the LaPine area
(11%) have been received.
wood LID
Road. Two remonstrances
p opened the hearing. Hearing no
Chariman young
comments, he closed the hearing.
��
AUGUST 3, 1983
MINUTES: PAGE 1
JUL'��5
VOL 49 pAEE965
Signature of Neil Hudson, Director of Public Works, stated that
Easement for this will facilitate construction of a water line
Michael Sterk- near the Division Street project. He recommended
owicz the Board's approval.
MOTION: PRANTE moved to grant the easement.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of Mr. Hudson explained that this was a formality; in
Right of Way order to process federal funding of this project, the
Certification County must certify its ownership of the right of way.
MOTION: PRANTE moved to approve granting the right
of way.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of This item was cancelled.
Right of Way
Service Agree-
ment for N.
Division St.
Construction Chairman Young noted that the document did not indi-
Agreement Be- cate at what point in time the County was to accept
tween Sunriver the road and requested that the document be amended to
Properties and state that the County would accept the road one year
Deschutes Co. after its completion.
MOTION: TUTTLE moved to accept the construction
agreement between Sunriver Properties and
Deschutes County amended to include a one-
year period before we accept the maintenance
of it.
PRANTE: Second.
Mr. Hudson noted that Sunriver may have a problem with
the snowplowing of the road in the winter. It was
suggested that the county may be able to assist in the
plowing, but Sunriver does have their own snowplow and
that shouldn't be necessary.
VOTE: UNANIMOUS APPROVAL.
Acceptance of Mr. Hoerning stated that the entrance road to this LID
Warranty Deed was platted in such a way that it created severe
for Klippel angles. This will provide an easement to straighten
Acres LID the roadway.
MOTION: PRANTE moved to accept the deed.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Road Improve- Mr. Hoerning referred to his memo of July 18 explain-
ment Require- ing this situation. This will waive curb and paving
ments on MP -80- requirements and correct a jog in the road easement.
20 and MP -81-46 He recommended Board approval of the requirement
waiver.
AUGUST 3, 1983 MINUTES: PAGE 2
rya 49 PACE 966
MOTION: PRANTE moved to waive the paving requirement
for MP -80-20 and MP -81-46 and waive the
curbs.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of Mr. Hoerning explained that this was for Central
Declaration of Oregon Irrigation District. It will correct a bad
Dedication intersection where Tullar Road reaches Highway 126. A
"T" intersection will be constructed. This creates
the right of way for that intersection.
MOTION: PRANTE moved to sign the declaration of
dedication.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Order 83-212, Mr. Hudson stated that they had downgraded the weight
Amending Gross limit on this bridge because of the large amounts of
Weight Limit heavy traffic they are handling. This bridge is on
for Paulina the bridge replacement program and it will be rebuilt
Lake Road within the next year. This will establish a 10 -ton
Bridge weight limit.
MOTION: TUTTLE moved to adopt Order 83-212.
PRANTE: Second
VOTE: UNANIMOUS APPROVAL.
Resolution Chairman Young read aloud this resolution.
83-051, Amend- MOTION: PRANTE moved to adopt Resolution #83-051.
ing Res. Adopt- TUTTLE: Second.
ing Rules and VOTE: UNANIMOUS APPROVAL.
Procedures for
Public Contracts
Signature of Denyse McGriff, Planning Department, gave the back -
Contracts for ground of this State grant to inventory historic
County Cultural sites in Deschutes County. There are three contracts
Resources Inven-with three people qualified in the fields of history
tory Project and research who will complete the project. The three
people are Edward Jackson, Keith Clark and Ward
Tonsfeldt. Mr. Isham stated that there had been a
problem with the insurance requirement, as it is
difficult for an individual to obtain a co-insurer.
It is not available to them on the same basis as it is
to a company. He did not feel in this case these
provisions were important, so he recommended that the
Board approve the contract with the deletion of the
insurance provision. The contractors are Edward
Jackson, Keith Clark and Ward Tonsfeldt. Mr. Isham
stated that there had been a problem with the
insurance requirement, as it is difficult for an
individual to obtain a co-insurer. It is not
available to them on the same basis as it is to a
company. He did not feel in this case these
provisions were important, so he recommended that the
AUGUST 3, 1983 MINUTES: PAGE 3
wVOIL 49 ?A_-:_:967
Board approve the contracts for signature with the
amended provision.
MOTION: TUTTLE moved to sign the Deschutes County
Cultural Resources Inventory project
contracts with the stipulation that an
amendment will be forwarded with the
contracts deleting the insurance provision.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Industrial Dave Jaqua, attorney representing Mr. Howell, was pre -
Lease for John sent. He explained that they are working out a new
Howell lease allowing Mr. Howell to take over some deeded
property formerly leased by Buster Main as well as
some buildings which are personal property owned by
Mr. Main. Mr. Howell is seeking Board approval of the
lease so that he can complete the financial arrange-
ments. At that point they will bring the release of
Mr. Main's interest to the County.
MOTION: TUTTLE moved to execute the lease between
Deschutes County and John Howell subject to
a period of 60 days in which the offer of
the lease would expire if the transaction
had been closed.
Mr. Jaqua asked that there be more than a 60 day
period in which to complete the transaction.
TUTTLE withdrew the motion to modify it to
include a motion to approve the form of the
lease and a continuing offer for a
90 days to execute the lease.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
The Board authorized execution of the
the acquisition of the lease -holder's
interest.
period of
lease subject to
(Mr. Main's)
Acceptance of Mr. Hoerning stated that it is now railroad policy
Easement for that easements across tracks are to be paid for. An
Murphy Road easement is necessary for the Murphy Road project is
necessary and the cost of a 200' x 200' easement will
be $3300.
MOTION: PRANTE moved to approve.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Discussion of This item was postponed.
Easement Re-
stricting Sub-
surface Drain -
fields, Rim -
rock Village
AUGUST 3, 1983 MINUTES: PAGE 4
Ord. 83-056,
Adopting Bldg.
Codes & Provid-
ing Standards
Res. 83-050,
Setting Permit
Fees for Ceme-
tery Subdivi-
sions
MOTION: TUTTLE moved to have
readings of Ordinance
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Chairman Young so read.
MOTION: TUTTLE moved to adopt
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
t VOL 49 !n'cE 968
the first and second
83-056 by title only.
Ordinance 83-056.
Chairman Young read the resolution aloud.
MOTION: PRANTE moved to adopt Resolution 83-050.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Reappointments Denyse McGriff, Planning Department, had sent the
to Historic
Board a memo recommending they appoint Ginger
Landmarks Com-
Shive, A.B. King, and Todd S. Turner.
mission
MOTION: PRANTE moved to appoint Historic members
as read.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Appointments to
There are currently three vacancies in the Planning
the Planning
Commission. The Planning Commission had submitted
Commission
their recommendations for filling these positions.
Commission Tuttle felt that it would be appropriate
for the Board to select the new members.
MOTION: TUTTLE moved to not consider the recom-
mendation of the Planning Commission but
to put the item back on the agenda for
two weeks from now when they have had the
opportunity to review the applications and
establish a procedure to establish at that
time.
PRANTE: Second.
It was noted that if Commissioner Prante would not be
in attendance at the meeting in two weeks, it would be
postponed further.
VOTE: UNANIMOUS APPROVAL.
Appointments to Commissioner Prante explained that the new Job Train -
Business Advi- ing Program Act is to be implemented in November.
sory Committee Part of this program requires that a business advisory
committee on the local level. She read aloud the list
of nominees.
MOTION: PRANTE moved to appoint these people to the
local Business Advisory Committee.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Reappointment John Webre has agreed to serve another term on the
ADFS Committee Adult and Family Services Advisory Committee and they
are recommending that he be reappointed to serve
AUGUST 3, 1983 MINUTES: PAGE 5
r VOL 49 PAICE 969
another four-year term.
MOTION: PRANTE moved that they appoint John Webre
to another term on the Adult and Family
Services Advisory Committee.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of Mr. Isham explained that the provisions of the modi-
MHD Contract fication.
Modification MOTION: PRANTE moved to sign the Mental Health
Division contract modifications.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of This item was postponed.
Awbrey Butte
Lease
Signature of Before the Board were OLCC License Renewal Appli-
OLCC License
cations for the following businesses: K -Mart,
Renewal Appli-
Tumalo Emporium, Twin Lakes Resort, Woodmark Bowl,
cations
China Ranch, The Trail Inn (Terrebonne), Deschutes
Station Tavern, Bend Golf Club, Express Lane Market,
Crane Prairie Resort, Skippers Restaurant, Mount
Bachelor Lodges (3), and Riverwoods Country Store.
MOTION: TUTTLE moved to approve the OLCC license
applications as read.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
MP -82-6, Rich-
MOTION: TUTTLE moved to approve minor partition
and Douville
82-6 and execute the Declaration of Ded-
and Declara-
ation.
tion of Dedi-
PRANTE: Second.
cation
VOTE: UNANIMOUS APPROVAL.
At this time the Chair called for a five minute recess.
Decision re- Dave Malkin, City of Bend Police Chief, gave some of
garding Utiliz- the background of the Frye decision which affects
ation of City juvenile detention. He stated that they have been
Jail for Juven- restructuring their jail facility to comply with the
ile Detention court's decision. He also stated that the facility
complies with juvenile detention standards set by ORS
169.01941. He stated that this procedure is being used
as a model for other facilities throughout the state.
He also briefly described the facility they have
developed. The State Department of Corrections has
inspected the facility and found it satisfactory for
the temporary detention of male juveniles.
Myer Avedovech, former Juvenile Services Commission
Chairman, came forward. He gave a brief background of
the facility's development. He stated that he and
AUGUST 3, 1983 MINUTES: PAGE 6
' VOL 49 PACE 970
other attorneys are convinced that this facility will
not violate anything in the Frye decision, and that it
is in compliance with State law. He urged the Board
to approve the use of the facility.
Les Valleque, State Corrections Division, stated that
he had inspected the facility this morning and found
it to be in compliance with State regulations as well
as the Frye decision for short-term detention. He
suggested that there be a staff member with expertise
in the field of juvenile corrections, and work with
the County insurance carrier to cover liablity.
There was further general discussion in which it was
noted that Judge Copenhaver had issued an order
stating that if a juvenile were to be held in
Deschutes County he should be detained in the Bend
City jail. Mr. Isham stated that the County has not
received a written response back from the Attorney
General's office with their opinion relating to that
order. The State Court Administrator has declined to
oversee the facility, although the County has
requested such an agreement.
Judy Stiegler, Juvenile Services Commission Chairman,
stated that the State Juvenile Services Commission has
been concerned about the liability and they would
approve funding of the detention coordinator if the
County does approve the facility and if the facility
passes State inspection.
Jim France, County Sheriff, stated that if the County
feels that the liability is too great to utilize this
facility, the County should look at other
alternatives.
Nancy Burkett, Deschutes County Juvenile Department,
testified that although they do have the option to
transport juveniles to the Klamath County facility for
detention, they are not doing that. She stated an
instance where a juvenile had been released after an
altercation with his father, but the father had been
jailed. She did not feel that this was an appropriate
message to be giving the juveniles in the County.
Milton Alshire, 1324 NE Dempsey, Bend, stated that he
is concerned about legal representation for the
juvenile when he is housed so far away. He felt that
considerations other than that of liability should be
made. He stated that because of the distance, it not
only interferes with the juvenile's right to to
counsel, but it also interferes with the justice
system and the juvenile's schooling. He did not feel
that a juvenile who may be dangerous should be turned
AUGUST 3, 1983 MINUTES: PAGE 7
Consideration Commissioner Tuttle explained that this was a grant
of Contract for to be submitted to BPA for the identification of geo-
BPA Grant
VOL 49 FACE 9 ! 1
back out onto the street. He also stated that the
Helen Frye decision deals only with pre-adjudicated
juveniles, and that this proposed facility could be
used for more than that.
MOTION: TUTTLE moved to not enter into an inter-
governmental agreement with the City of Bend
for the City of Bend jail to be used as a
facility for the housing of pre-adjudicated
juveniles.
YOUNG: Second.
Request for
VOTE: APPROVAL; PRANTE DISSENTING.
Appointments to
Commissioner Tuttle read aloud the names and terms of
Solid Waste Ad-
Solid Waste Advisory Committee members. Two lay per-
visory Commit-
sons are being recommended to fill the remainder of
tees
two terms available because of resignations. They are
(action item)
Ron Strobel and Dr. Craig Miller.
District (see
MOTION: TUTTLE moved to appoint Craig Miller and
Work Session
Ron Strobel to the Solid Waste Advisory
Cost Contain-
Committee.
ment of Emer-
PRANTE: Second.
gency Holds
VOTE: UNANIMOUS APPROVAL.
Consideration Commissioner Tuttle explained that this was a grant
of Contract for to be submitted to BPA for the identification of geo-
BPA Grant
thermal resources in the County and for the develop-
ment of some form of local goverment utility coordin-
ation agreements.
MOTION: TUTTLE moved to have Chairman Young sign
the application on behalf of the Board.
The consultant is Elliot Allen and Assoc-
iates and they have done similar projects
for Harney County and for Lake County so
he would move to execute the application.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Request for
The Board approved two requests for refund from the
Refund
Community Development Department. The first was for
Michael Pines in the amount of $231. The second was
to Humphrey's Plumbing in the amount of $60.
At this time
(11:55 A.M.) the Board recessed the meeting to recon-
vene as the Board
of Directors of the Seventh Mountain County Service
District (see
separate minutes).
Work Session
on Chairman Young reconvened the meeting at 1:05 P.M.
Cost Contain-
in the Commissioners' Conference Room. Jane Kirkpat-
ment of Emer-
rick and Sandy Maynard of Family Counseling were
gency Holds
present to discuss this. Ms. Kirkpatrick had sent the
Board a memo containing information they had compiled
in regard to the cost of emergency holds for mental
patients at area hospitals. They explained under what
AUGUST 3, 1983 MINUTES: PAGE 8
` r
• ' VOL 49 PA�;c 9 72
conditions a person is kept in emergency custody until
they can be transported to the State mental facility
in Salem. Currently the County is budgeting $50,000
for emergency hold costs, but the State only provides
$16,000. Adult and Family Services is also reducing
the amount of money they will provide for this. There
was much general discussion on how these costs may be
reduced. Options suggested included contracting with
an area hospital, or contracting with a psychiatrist
and providing our own room outside of a hospital.
Irene Shattuck Chairman Young reconvened the meeting at 1:50 P.M. in
Appeal Decision the large conference room to announce the Board's
decision on the Irene Shattuck appeal hearing.
MOTION: PRANTE moved that they sustain the decision
of the Planning Commission.
TUTTLE: Second.
Commissioner Prante stated that with regard to the
findings of fact, it is obvious after observing the
premises that some of the reasons given by the
Planning Commission no longer exist. The place was
cleaned up and the septic system completed. They
cannot include these same things in the findings of
fact to deny the appeal. The other reasons still
exist and always will exist.
VOTE: UNANIMOUS APPROVAL.
The findings of fact are to be the same as those of
the Planning Commission, with the deletion of the
conditions which no longer exist.
At this time the Board recessed to convene in Executive Session (see
separate minutes). The Board reconvened immediately following the
executive session at 2:55 P.M.
Chairman Young called the reconvened session to order
at 2:55 P.M. in the Commissioners' Conference Room.
MOTION: PRANTE moved that the Chairman be author-
ized to sign the agreement that has been
proposed with Mr. Doolin.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Being no further business, the meeting was adjourned.
DESC C U%NTTY BOARD OF COMMISSIONERS
ALBERT,,A. YOU,1 , CHAI
L S BRISTOW PRANTE, COMMISSIONER
LAUI&-WC . TUT`IrLE, COMMISSIONER
AUGUST 3, 1983 MINUTES: PAGE 9