1994-45894-Minutes for Meeting September 14,1994 Recorded 11/10/1994U137-1339
94-45894
MINUTES ".r=
DESCHUTES COUNTY BOARD OF COMMISSIONERS W'
Wednesday, September 14, 1994
Commissioner Nancy Pope Schlangen called the meeting to gxder 3t
10:03 a.m. Board of County Commissioners in attendance were,(,NanC�y
Pope Schlangen, Tom Throop, and Barry Slaughter. Aid6, In
attendance were Catherine Morrow, Principal Planner; Mike Maier,
County Administrator; Kevin Harrison, Senior Planner; Rick Isham,
County Counsel; George Read, Community Development Director; Bruce
White, Assistant Legal Counsel; Ralph Delamarter, Librarian; and
Dave Leslie, Planner.
1. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) approval of waiver of performance and payment bond
requirement for equipment purchase; 2) signature of acceptance
of two Warranty Deeds; 3) award of contract to Bend Aggregate
and Paving for the paving of South Pine Street; 4) signature
of Personal Services Contract for Jewett, Barton, Leavy &
Kern, as the county's new agent of record; 5) signature of
Indemnity Agreement for Central Oregon Desert Racing
Association for the 1994 Whiskey Springs 400, to be Held on
October 15, 1994; 6) signature of Conservation Easement for L.
Hellmuth; 7) signature of Development Agreement for G.
Pickering; 8) appointments of Reid Seastrand and David Bilyeu
to the Bicycle Advisory Committee; 9) signature of final plat
for Broken Top, Phase III -D, in the Bend Urban Area
SLAUGHTER: I move approval of consent agenda items 1-9.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
2. CONTINUED PUBLIC HEARING ON ORDINANCE NO. 94-037 AND 94-038
TEXT AMENDMENTS TO THE FOREST LAND SECTION OF THE
COMPREHENSIVE PLAN AND FOREST ZONES TO IMPLEMENT HB 3661
Before the Board was a continued public hearing on Ordinance
No. 94-037 and 94-038, text amendments to the Forest Land
Section of the Comprehensive Plan and Forest Zones to
implement HB 3661.
Kevin Harrison reported the continuance was because we needed
to give the fire districts an opportunity to review this and
legal counsel needed time to edit and make changes in wording.
Kevin reported that a letter had been received from Chuck
Cable this morning. Kevin stated staff had not had time to
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review information in the letter. He felt the public hearing
could be held and the record closed and then adopt the
decision when it was prepared.
Bruce White, Assistant County Counsel, felt the record should
be left open for further information from the fire districts.
This item will be put on the agenda for September 28, 1994 at
the 10 a.m. Board of Commissioners meeting which will be held
in Sisters, Oregon.
PUBLIC HEARING ON ORDINANCE NO. 94-041, A TEXT AMENDMENT TO
TITLE 18.84 OPEN SPACE CONSERVATION ZONE
Before the Board was a public hearing on Ordinance No. 94-041,
a text amendment to Title 18.84, Open Space Conservation Zone.
Catherine Morrow reported the ordinance had been reviewed by
county counsel and a few changes had been made. She reviewed
the changes with the Board of Commissioners.
Chair Schlangen opened the public hearing.
Jan Houck, Oregon Park & Recreation, testified in support of
the ordinance. There being no further testimony, Chair
Schlangen closed the public hearing.
THROOP: I'll move first and second reading of
Ordinance No. 94-041 by title only.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 94-041, by title only.
THROOP: I'll move adoption.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 2 SEPTEMBER 14, 1994
013'7-1341
4. PUBLIC HEARING TO CONSIDER A PLAN AMENDMENT AND ZONE CHANGE TO
SURFACE MINING FOR A PARCEL OF LAND LOCATED NEAR HORSE RIDGE
CURRENTLY ZONED EFU AND DESIGNATED AGRICULTURE
Before the Board was a public hearing to consider a plan
amendment and zone change to surface mining for a parcel of
land located near Horse Ridge currently zoned EFU and
designated agriculture.
Dave Leslie reported this matter had been before the Hearings
Officer. There are four elements: Conflict analysis and
ESEE, placing the property on the county inventory,
comprehensive plan designation and zone change. This property
was located about 15 miles east of Bend just this side of
Horse Ridge. The Hearings Officer recommended that this site
should be closed between December 30, 1994 and March 30, 1994.
The property was 120 acres in size with 88 acres serving as
the resource base. The applicant has submitted a site plan
application.
Chair Schlangen opened the public hearing. There being no
testimony, Chair Schlangen closed the public hearing.
Dave Leslie reported the final ordinances had not been
prepared for the Board to act upon today.
THROOP: I move the ESEE be approved, the site be added
to the inventory, the Comprehensive Plan
designation be made, the zone change be made
and the Board support the Hearings Officers
decision.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
5. APPROVAL OF NOTICE TO MT. BACHELOR TERMINATING PARKING LOT
LEASE
Before the Board was approval of notice to Mt. Bachelor
terminating the parking lot lease.
Rick Isham reported this was discussed with Mt. Bachelor and
they are expecting to receive notice. Rick requested the
Board approve the notice for signature.
SLAUGHTER: I would move to table this item until next
week.
THROOP: Second.
MINUTES PAGE 3 SEPTEMBER 14, 1994
013'7-1342
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
6. SIGNATURE OF LIQUOR LICENSE RENEWAL FOR WICKIUP JUNCTION
Before the Board was signature of a liquor license renewal for
Wickiup Junction.
THROOP: I'll move signature of the liquor license.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
7. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$285,769.17 SUBJECT TO REVIEW
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $285,769.17.
THROOP: I'll move approval subject to review.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
8. SIGNATURE OF PERSONAL SERVICES CONTRACT WITH CONSULTANT FOR
GOAL V
Before the Board was signature of a Personal Services Contract
with a consultant for Goal V.
George Read reported this was a Personal Services Contract
with Karen Green as a consultant for Goal V. The contract
terminates March 31, 1995 with a maximum amount of $5,000.
SLAUGHTER: I would move approval of the personal services
contract.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 4 SEPTEMBER 14, 1994
013'7-1343
9. SIGNATURE OF LA PINE COMMUNITY CAMPUS ARCHITECT AGREEMENT
Before the Board was signature of the La Pine Community Campus
architect agreement.
Rick Isham reported the agreement was with Ron Barber and the
School District was the lead agency on this project.
SLAUGHTER: I'll move signature of La Pine Community
Campus Architect Agreement.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
10. SIGNATURE OF ORDERS NO. 94-110 AND 94-111, AUTHORIZING THE
REFUND OF TAXES
Before the Board was signature of Orders No. 94-110 and 94-
111, authorizing the refund of taxes.
THROOP: I'll move approval.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
11. SIGNATURE OF FINAL PLAT FOR WEST PARR SUBDIVISION, AN 8 -LOT
SUBDIVISION IN AN RL ZONE IN THE BEND URBAN AREA
Before the Board was signature of a final plat for West Park
Subdivision, an 8 -lot subdivision in an RL Zone in the Bend
Urban Area.
THROOP: I'll move signature of the plat.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
12. SIGNATURE OF FINAL MYLAR FOR THE WILLOWS, PHASE II
Before the Board was signature of a final mylar for The
Willows, Phase II.
SLAUGHTER:
MINUTES PAGE 5
I'll move approval.
SEPTEMBER 14, 1994
0137''1344
THROOP: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
13. CHAIR SIGNATURE OF LETTER TERMINATING TELE-MATIC INMATE PHONE
SYSTEM CONTRACT
Before the Board was authorization of Chair's signature of
letter terminating Tele-matic Inmate Phone System contract.
Bruce White reported that this was to terminate the current
jail phone system. The current agreement was entered into in
1991. They require written notice of termination at the end
of the term. They will continue service until the time that
the present jail would be vacated.
THROOP: I'll move chair's signature.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
14. CHAIR SIGNATURE OF LETTER INDEMNIFYING BEND CHURCH OF THE
NAZARENE
Before the Board was authorization of Chair's signature of a
letter indemnifying Bend Church of the Nazarene.
Bruce White reported that an issue came up when the County was
trying to find polling places. The Church of the Nazarene
requested some assurance that they would not be held
responsible. This letter was a hold harmless only in case of
our own negligence.
SLAUGHTER: I will move signature on letter of indemnity
for the Church of the Nazarene.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 6 SEPTEMBER 14, 1994
013'7-1345
DATED this / 4M day of , 1994, by the
Board of Commissioners of Deschuteb County, Oregon.
ATT T:
Recording Secretary
Nancy P
, Chair
Tom Throop, commissioner
Barry HJ Slaughter, Commissioner
MINUTES PAGE 7 SEPTEMBER 14, 1994