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1993-18520-Minutes for Meeting April 28,1993 Recorded 6/8/19930126--1152 93-18520 .. MINUTES April 28, 1993"-'(,r' c,, Chair Tom Throop called the meeting to order at 10zt 0 a.m. Board members present were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also in attendance were Larry Rice, Director of Public Works; Tom Blust, County Engineer; Bruce White, Assistant County Counsel; Kevin Harrison, Planner; Rick Isham, County Counsel; Ralph Delamarter, Library; Florence Torrigino, Health Department; and Paul Blikstad, Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: 1) acceptance of two warranty deeds for right-of-way on Butler Market Road; 2) request for out-of-state travel for Beth Wright; 3) consideration of OSHD Grant for 1993-94; 4) signature of conservation easement for Steven and Joyce Davey on property adjacent to the Deschutes River on Big River Drive; 5) signature of Order No. 93-013 amending PL -20, the Deschutes County Comprehensive Plan, from forest to agriculture and Order No. 93-014 amending Title 18 from F-1 to EFU; and 6) request for out-of-state travel for Mickie Brennan from the Health Department. SCHLANGEN: I move approval of consent agenda items 1-6. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. PUBLIC HEARING: ON ORDER NO. 93-116 CANYON RIVER ANNEXATION INTO RFPD #1 Before the Board was Order No. 93-116 Canyon River Annexation into RFPD #1. Bruce White reported this was the final hearing on the Canyon River annexation into RFPD #1. He said he had received no objections to this annexation. Chair Throop opened the public hearing. No testimony was presented, therefore the public hearing was closed. SCHLANGEN: SLAUGHTER: MINUTES PAGE 1 I move signature of Order No. 93-116. Second. APRIL 28, 1993 MICROFILMED ICEY ON JUL 903 81993 3. 4. 0126-1153 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING: ON ORDER NO. 93-115 BOULET ANNEXATION INTO RFPD #2 Before the Board was Order No. 93-115 Boulet Annexation into RFPD #2. Bruce White reported this was the final hearing on the Boulet annexation into RFPD #2. He reported the legal office had received no objections to this annexation. Chair Throop opened the public hearing. No testimony was presented, therefore the public hearing was closed. SCHLANGEN: I move signature of Order No. 93-115 Boulet Annexation into RFPD #2. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING: ON THE APPEAL BY BEND/LAPINE SCHOOL DISTRICT ON THE HEARINGS OFFICER'S DECISION FOR CERTAIN ROAD IMPROVEMENT FOR THE NEW LAVA RIDGE ELEMENTARY SCHOOL Before the Board was the appeal by Bend/LaPine School District on the Hearings Officer's decision for certain road improvements for the new Lava Ridge Elementary School. Chair Throop asked for disclosure from the Commissioners of any prehearing contact in this matter. All three Commissioners reported having no prehearing contacts. Chair Throop also asked audience members if they felt any member of the Board of Commissioners should be challenged with bias or inability to make a fair decision in this matter. No challenge was made from the public. Paul Blikstad gave the staff report. He reported the public hearing was originally held on January 7, 1993. The Hearings Officer's decision was rendered March 1, 1993. The School District had concerns with four conditions of approval in that decision. At the recommendation of staff, the School District submitted two applications. One application was to amend the conditions that the School District had problems with and the second one was an appeal to safeguard their interest. The main concern was the improvements that needed to be completed in the connector road. MINUTES PAGE 2 APRIL 28, 1993 5. 0126-1154 Larry Rice reviewed the road maps with the Board of Commissioners. The County will build the road and ask the school district to put in the curbs and sidewalks along their property frontage. Chair Throop opened the public hearing. Bob Lovlien, the applicant's representative, stated that he agreed with the County's proposal. He felt the school district and the county had a good working relationship. There being for further testimony, the public hearing was closed. SCHLANGEN: I move in favor of the applicant on the appeal of the Bend/LaPine School District CU -92-191 and SP -94-154 and appeal A93-11. We affirm the Hearings Officer's decision on condition #1 modification, condition #4 as amended by the Hearings Officer, and the amended modification on condition #27. On #5, we approve Larry Rice's conditions including payment on demand. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF PROCLAMATION FOR 100 YEAR CELEBRATION OF PUBLIC HEALTH NURSING Before the Board was a proclamation for 100 year celebration of public health nursing. Florence Torrigino reported various activities being held in Oregon to celebrate the 100 years of public health nursing. SCHLANGEN: SLAUGHTER: VOTE: I would be very happy to move signature of Proclamation for 100 year celebration of public health nursing. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 3 APRIL 28, 1993 6. 7. 11 0126-1155 SIGNATURE OF REQUEST FOR HEALTH DEPARTMENT OFFICE TO BE OPEN ON FRIDAYS FOR HEALTHY START Before the Board was a request for the Health Department office to be open on Fridays for Healthy Start. Florence Torrigino explained the request was not for a Health Department program. It is a partnership that the County has with St. Charles and the obstetricians in town. SCHLANGEN: I move approval of the Department to be open Start. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES request for the Health on Fridays for Healthy SIGNATURE OF ORDER NO. 93-124 AUTHORIZING THE REFUND OF TAXES Before the Board was Order No. 93-124 authorizing the refund of taxes in the amount of $8.89 and $19,527.00. SCHLANGEN: I move signature of Order No. 93-124 authorizing the refund of taxes. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF MCKOY PROPERTY PURCHASE DOCUMENTS FOR BROOKSWOOD BOULEVARD Before the Board was the McKoy property purchase documents for Brookswood Boulevard. Rick Isham reported the McKoys will be remaining on the property until they complete the construction of their new home. SCHLANGEN: SLAUGHTER: VOTE: I move signature of McKoy property purchase documents for Brookswood Boulevard. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 4 APRIL 28, 1993 9. 10. 11. 0126--1156 SIGNATURE OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board were weekly accounts payable vouchers in the amount of $362,990.13. SCHLANGEN: I move approval upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF BUSINESS OFFICE SUBLEASE AGREEMENT BETWEEN THE COUNTY AND THE SISTERS CHAMBER OF COMMERCE Before the Board was a business office sublease agreement between the County and Sisters Chamber of Commerce. Ralph Delamarter reports that this agreement is for the old Sisters library building. SCHLANGEN: I move signature of the Business Office Sublease Agreement with the Sisters Chamber of Commerce. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF ORDER NO. 93-130, TRANSFERRING CASH WITHIN VARIOUS FUNDS OF THE DESCHUTES COUNTY BUDGET Before the Board was Order No. 93-130, transferring cash within various funds of the Deschutes County Budget. SLAUGHTER: SCHLANGEN: VOTE: I move transferring cash within various funds of the Deschutes County Budget. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 5 APRIL 28, 1993 0126-1157 12. SIGNATURE OF RESOLUTION NO. 93-034, TRANSFERRING APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE DESCHUTES COUNTY BUDGET Before the Board was Resolution No. 93-034, transferring appropriations within various funds of the Deschutes County budget. SCHLANGEN: I move signature of Resolution No. 93-034 transferring appropriations. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. SIGNATURE OF DEVELOPMENT AGREEMENT BETWEEN DESCHUTES COUNTY AND ALTA CARSEY Before the Board was a development agreement between Deschutes County and Alta Carsey. Kevin Harrison reported this was a conditional approval of SP -92-8 which was the authorization for the Funny Farm at Deschutes Junction. He reported that Gene Carsey received a site plan approval for the business known as the Funny Farm. This development agreement was a condition of approval of that site plan. Rick Isham stated that the Board should approve it subject to the understanding that it does not extend the approval of the permits they received. SCHLANGEN: I move signature of development agreement between Deschutes County and Alta Carsey subject to the clarification that it does not extend conditions of the approval of the permit. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. SIGNATURE OF THE INDEMNITY AGREEMENT FOR COCC CYCLING CLUB Before the Board was an indemnity agreement for the COCC Cycling Club. SCHLANGEN: I move signature of the indemnity agreement for COCC Cycling Club. SLAUGHTER: Second. MINUTES PAGE 6 APRIL 28, 1993 VOTE: SCHLANGEN: YES 0126-1158 SLAUGHTER: YES THROOP: YES 15. SIGNATURE OF LIQUOR LICENSE APPLICATION FOR MT.BACHELOR Before the Board was a liquor license application for Mt. Bachelor. SLAUGHTER: I move signature of liquor license for Mt. Bachelor. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 16. SIGNATURE OF MYLAR FOR HAYDEN VILLAGE PHASE V Before the Board was a mylar for Hayden Village Phase V. SCHLANGEN: SLAUGHTER: VOTE: I move signature. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 17. SIGNATURE OF BECHTEL LICENSE Before the Board was a license for Bechtel to allow disposal of waste rock from their excavation of the pipeline on the northeast corner of the County land that Public Works is situated on. There is an old pit on this property and they will be filling it. Chair Throop asked if this was to the benefit of the County. Brad Chalfant reported that he did not feel comfortable advocating this. He said that he did see some value to the rock but he did not know the quality of the rock. Tom Blust reported that he did not feel the rock would hurt the site. He felt that it was a public service to take care of this rock disposal. Brad Chalfant reported that there would be 40,000 square yards of rock. He felt the pit on this site would not hold more than that. MINUTES PAGE 7 APRIL 28, 1993 0126=1159 The Board of Commissioners felt it would be appropriate to do a site visit on Monday, May 3, before making a decision on this item. No action was taken on this item. 18. SIGNATURE OF LETTER OF UNDERSTANDING CONCERNING KIDS CENTER Before the Board was a letter of understanding concerning the KIDS Center development. The ground breaking for this project will be on Monday, May 3, at 9:00 a.m. SCHLANGEN: I move signature of the letter of understanding concerning the KIDS Center development. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 19. SIGNATURE OF MAINTENANCE AGREEMENT WITH OREGON MICRO -IMAGING, INC. Before the Board was a maintenance agreement with Oregon Micro -Imaging, Inc. SCHLANGEN: I move signature of the maintenance agreement. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 20. CONSIDERATION OF APPROVAL OF BID AWARD ON THE MICROFILM READER PRINTER Before the Board was consideration of a bid award on the microfilm reader printer. SCHLANGEN: I moved approval of the bid award on the microfilm reader printer. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 8 APRIL 28, 1993 0126-1160 21. ACCEPTANCE OF AMENDMENT #34, 1991-93 INTERGOVERNMENTAL AGREEMENT #09-001 Before the Board was Amendment #34 of the 1991-93 Intergovernmental Agreement #09-001. SCHLANGEN: I move acceptance of Amendment #34. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES THE DESCHUTES COUNTY BOARD OF COMMISSIONERS ADJOURNED THE MEETING AND RECONVENED AS THE GOVERNING BODY OF DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT RESOLUTION NO. 93-035, TRANSFERRING APPROPRIATIONS WITHIN EXTENSION SERVICE DISTRICT BUDGET SCHLANGEN: I move signature of Resolution No. 93-035 transferring appropriations. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this day of , 1993, by the Board of Commissioners of Deschut s County, Oregon. ATTEST: Recording Secretary Barry MINUTES PAGE 9 APRIL 28, 1993 Chair Slaughter, Commissioner