1993-43706-Minutes for Meeting September 15,1993 Recorded 11/24/199393-43706 0128-0710
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS�?�' ;
September 15, 1993
Chair Tom Throop called the meeting to order at 10:03 a.m. Board
of Commissioners in attendance were Tom Throop, Nancy Pope
Schlangen, and Barry Slaughter. Also in attendance were Rick
Isham, County Counsel; Tom Blust, County Engineer; Sue Stoneman,
Support Services Manager; George Read, Planning Director; Brad
Chalfant, Property Manager; Mike Maier, County Administrator; Sue
Brewster, Assistant Legal Counsel; Roland Gangstee, Adult
Corrections; Brian Harrington, Planner; Ralph Delamarter, Library;
and Kevin Harrison, Planner.
CONVENE AS GOVERNING BODY OF 9-1-1 SERVICE DISTRICT
1. CONSIDERATION OF SIGNATURE OF RESOLUTION NO. 93-095 ADOPTING
THE SPECIAL DISTRICTS WORKERS COMPENSATION PROGRAM
Before the Board was signature of Resolution No. 93-095
adopting the special districts worker's compensation program.
SCHLANGEN: I move signature of Resolution No. 93-095.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
2. CONSENT AGENDA:
Consent agenda items before the Board were 1) approval of out-
of-state travel for Melissa Lande; 2) approval of request for
petty cash increase for Community Corrections/Adult Division;
3) signature of Order No. 93-196, directing the disbursement
of Park Acquisition & Development Funds to Central Oregon Park
& Recreation District; 4) signature of liquor license renewals
for Sunriver Restaurant & Sports Lounge and Black Butte
Grocery/Ahern's Stop N Shop Inc.; 5) signature of contracts
with service providers for the Children & Youth Commission; 6 )
signature of Order No. 93-198, amending Order No. 93-188
setting a new date for a public hearing for remonstrances on
Cagle L.I.D.; and 7) signature of finding of exemption from
environmental review for CDBG Grant Projects.
SCHLANGEN: I move approval of consent agenda items 1-7.
SLAUGHTER: Second.
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3.
4.
5.
0128-0'711
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SIGNATURE OF RESOLUTION NO. 93-094, DECLARING THE INTENTION OF
DESCHUTES COUNTY TO EXCHANGE REAL PROPERTY WITH THE UNGERS
Before the Board was signature of Resolution No. 93-094,
declaring the intention of Deschutes County to exchange real
property with the Ungers. Brad Chalfant reported the exchange
would close on January 1, 1994. A public hearing has been set
for six weeks.
SCHLANGEN: I move signature of Resolution No. 93-094
declaring the intent of Deschutes County to
exchange real property with the Ungers.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: ON AN APPEAL BY DAVE HALL OF PLANNING
DIRECTOR'S DECISION ON CONDITIONAL USE PERMIT CU -91-25 WHICH
HAD EXPIRED
Before the Board was a public hearing on an appeal by Dave
Hall of the Planning Director's decision on conditional use
permit CU -91-25 which had expired.
George Read requested the public hearing be opened and then
continued to October 13, 1993.
Chair Throop opened the public hearing and continued it to
October 13, 1993 at 10:00 a.m.
PUBLIC HEARING: ON LAND TRANSFER TO NEWBERRY HABITAT FOR
HUMANITY
Before the Board is a public hearing on a land transfer to
Newberry Habitat for Humanity. Brad Chalfant reported the
construction on this property would not begin until next
spring. He requested the Board make a motion to hold the deed
until the Newberry Habitat has completed their affiliations
with Habitat International for 501C3 status.
SCHLANGEN: I move that we hold the deed on the transfer
of property for Newberry Habitat for Humanity
until the affiliation for 501C3 status has
been approved by Habitat International.
MINUTES PAGE 2 SEPTEMBER 15, 1993
0128-0712
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
6. APPROVAL OF OUT-OF-STATE TRAVEL FOR ROLAND GANGSTEE
Before the Board was a request for out-of-state travel for
Roland Gangstee and Dennis Maloney.
SLAUGHTER: I move approval for out-of-state travel for
Roland Gangstee and Dennis Maloney.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
7. SIGNATURE OF ORDER NO. 93-176 AUTHORIZING THE REFUND OF TAXES
Before the Board was signature of Order NO. 93-176 authorizing
the refund of taxes in the amount of $965.29.
SCHLANGEN: I move signature of tax refund Order No. 93-
176.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
8. SIGNATURE OF LIQUOR LICENSE RENEWAL FOR CHEN'S GARDEN AND
LIQUOR LICENSE APPLICATION FOR EAGLE RIDGE GOLF COURSE
Before the Board was signature of liquor license renewal for
Chen's Garden and liquor license application for Eagle Ridge
Golf Course.
SLAUGHTER: I move approval of liquor license renewal for
Chen's Garden and liquor license application
for Eagle Ridge Golf Course.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 3 SEPTEMBER 15, 1993
9.
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APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of weekly accounts payable
vouchers in the amount of $141,801.38.
SCHLANGEN: I move approval of weekly accounts payable
vouchers upon review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
10. APPROVAL OF OUT-OF-STATE TRAVEL FOR CHRIS GARDNER
Before the Board was a request for out-of-state travel for
Chris Gardner to attend the annual Legislative Conference of
the National Network of Children's Advocacy Centers.
SCHLANGEN: I move approval of out-of-state travel for
Chris Gardner.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH TAMI L. CARR AS
CLERICAL ASSISTANCE FOR CODE BOOK TASK FORCE
Before the Board was signature of Personal Services Contract
with Tami L. Carr as clerical assistance for Code Book Task
Force. Sue Brewster reported the funding would come from the
Community Development Department and Legal. The maximum
amount of the contract would be $2,000.
SCHLANGEN: I move signature
Contract.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
of Personal Services
12. SIGNATURE OF HOFFMAN CONSTRUCTION RETAINAGE AGREEMENT
Before the Board was signature of the Hoffman Construction
Retainage Agreement.
MINUTES PAGE 4 SEPTEMBER 15, 1993
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0128-07 14
SCHLANGEN: I move signature of Hoffman Construction
Retainage Agreement.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. APPROVAL OF ASSESSOR'S OFFICE PERSONNEL ADJUSTMENTS
14.
15.
Before the Board was the proposed Assessor's office personnel
adjustments. Mike Maier reported the proposal included
eliminating the Chief Property Appraiser position and using
the savings to fund two office support positions. The
financial result would be a total savings of $4,167. This
would allow the appraisers more time in the field doing
appraisal projects rather than paperwork.
SCHLANGEN: I move approval of Assessor's office personnel
adjustments.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
APPROVAL OF SALE OF REMANENT PARCEL TO NEIGHBORS ON MASTEN
ROAD IN LAPINE
Before the Board was the approval of the sale of a remanent
parcel to neighbors on Masten Road in LaPine. Brad Chalfant
reported this situation was created by a surveyor's error.
The property was acquired by the County two years ago through
a foreclosure. The property is 1.65 acres.
SCHLANGEN: I move approval for
action on the various
by the County.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Brad Chalfant to take
remanent parcels owned
SIGNATURE OF ORDER NO. 93-199, THE ASSIGNING OF THE NAME
LAIDLAW LANE
Before the Board was signature of Order NO. 93-199, the
assigning of the name Laidlaw Lane.
MINUTES PAGE 5 SEPTEMBER 15, 1993
16.
17.
0128-0715
SCHLANGEN: I move signature of Order No. 93-199.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SIGNATURE OF OREGON PUBLIC BROADCASTING SITE LEASE AGREEMENT
Before the Board was signature of the Oregon Broadcasting Site
Lease Agreement. Rick Isham reported this was an assignment
by the State of Oregon to the nonprofit Oregon Public
Broadcasting of its site lease agreement with Deschutes County
for Awbrey Butte.
SCHLANGEN: I move signature of Oregon Public Broadcasting
Site Lease Agreement subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
CONTINUED PUBLIC HEARING: ON PLAN AMENDMENT AND ZONE CHANGE
AT DESCHUTES JUNCTION FOR FAGEN
Before the Board was the continued public hearing on plan
amendment and zone change at Deschutes Junction for Fagen.
Kevin Harrison reported the request was to amend the Deschutes
County Comprehensive Plan to change the plan map designation
of the subject parcel from rural residential to rural service
center commercial. The property is located at 65005 North
Highway 97. The Hearings Officer originally reviewed the
application in March. The Hearings Officer recommended denial
of the plan amendment and made a decision of denial on the
zone change request. He reported that staff concurs with the
Hearings Officer's decision.
Chair Tom Throop opened the public hearing.
Bob Lovlien, attorney for the applicants, provided some
background information. The Fagens' intent was to put in a
convenience store and gas station at this location. They do
not want access off of Highway 97. The convenience store
reflects the residential growth that is growing in that area.
Bob Lovlien wanted to open up some discussion and dialogue
with the Commissioners about the feasibility of a convenience
store/gas station at this particular location.
MINUTES PAGE 6 SEPTEMBER 15, 1993
0128-0"16
Chair Throop pointed out that the Board of Commissioners
cannot interact regarding whether the location of the
convenience store is appropriate. He commented that the
burden is on the applicant to prove that the Hearings
Officer's decision is not correct.
Bruce White, Assistant County Counsel, felt the only authority
the Board had was to decide whether the criteria had been met
for this particular application. The Board can only deal with
the criteria on a case by case basis.
Bob Lovlien requested a continuation of the public hearing for
thirty days to October 27, 1993 at 11:00 a.m.
Gene Carsey testified in favor of the applicant. He
challenged the Planning Departments decision regarding the
need for a plan amendment. He felt the need for a convenience
store and gas station was evident.
Mark DeVoney, Oregon Department of Transportation, testified
that the interchange at Deschutes Market Road is scheduled for
construction in 1997, but it was not definite.
Chair Throop continued the public hearing to October 27, 1993,
at 11:00 a.m.
DATED this /57h day of 1993, by the
Board of Commissioners of Deschutids County, Oregon.
AT T:
Recording Secr tary
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NcYncy Pdp Scan en, CommissAbrier
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Barry H. Slaughter, Commissioner
MINUTES PAGE 7 SEPTEMBER 15, 1993