1995-04659-Minutes for Meeting November 02,1994 Recorded 1/26/199595-04659
MINUTES
0138-0212
DESCHUTES COUNTY BOARD OF COMMISSIONERS v •°} a� «- E n
Wednesday, November 2, 1994
Chair Schlangen called the meeting to order at 10:02 a m - Board v&
Commissioners in attendance were Nancy Pope Schlangen, Tom Throop,
and Barry Slaughter. Also in attendance were Brad Chalfant,
Property Manager; Rick Isham, County Counsel; Mike Maier, County
Administrator; Kevin Harrison, Planner; and Sue Stoneman, Public
Relations Specialist.
1. CONSENT AGENDA
Consent agenda items before the Board of County Commissioners
were: 1) signature of contract of services for Special Road
District #1; 2) signature of Agreement with Parks Department;
3) signature on contract for services for Black Butte Ranch;
4) signature of fiscal year 1995 budget revision for Oregon
State Health Division; 5) signature of VOCA Grant; 6)
signature of Awbrey Butte Transmission Site Sublease for
Central Communications on Sequoia Tower; 7 ) signature of Order
No. 94-138, designating certain real property as county parks;
8) signature of Resolution No. 94-108, establishing petty cash
account for Risk Management; 9) signature of letter to
National Guard requesting a trade for Bend's old armory; and
10) signature of subdivision plat for Rivers Edge, Phase 4.
SLAUGHTER: I would move approval of the consent agenda.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
2. PUBLIC HEARING: ON TRANSFER OF PROPERTY TO BEND METRO PARK &
RECREATION DISTRICT (WATER RIGHTS)
Before the Board was a public hearing on the transfer of
property to Bend Metro Park & Recreation District.
Brad Chalfant reported this was the transfer of water rights
the Board had previously authorized. The County would be
picking up 7.1 acres Arnold Water and 9.09 acres of COI. The
COI water would go to the Big Sky Park and the Arnold water
would go to a park property located at 15th Street and Reed
Market Road to allow development of both parks. The exchange
was still in process. This allowed the actual transfer to go
from the Olsons to the district rather than to the County and
then to the district.
Chair Schlangen opened the public hearing. f✓�
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John Simpson, Bend Metro Park & Recreation, testified in
support of this transfer and thanked the Board for all the
help.
There being no further testimony, Chair Schlangen closed the
public hearing.
SLAUGHTER: I would move transfer of real property (water
rights) to the Bend Metro Park & Recreation.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: ON ORDINANCE NO. 94-048, AMENDING TITLE 2,
CHAPTER 2.52, THE DESCHUTES COUNTY PLANNING COMMISSION RULES
Before the Board was a public hearing on Ordinance No. 94-048,
amending Title 2, Chapter 2.52, the Deschutes County Planning
Commission Rules.
Kevin Harrison distributed copies of the ordinance to the
Board and requested the public hearing be continued to next
week, November 9, 1994, at 10 a.m. in order for George Read be
in attendance to discuss this matter with the Board.
Chair Schlangen opened the public hearing and continued it to
November 9, 1994, at 10 a.m.
SIGNATURE OF ORDINANCES NO. 94-050, 94-051, AND 94-052,
REGARDING SURFACE MINING
Before the Board was signature of Ordinances No. 94-050, 94-
051, and 94-052, regarding surface mining.
Dave Leslie reported that on September 14, 1994, the Board
designated Hap Taylor's property as surface mining and
directed staff to return with the appropriate ordinances. He
stated there were three ordinances, the first (94-050) of
which adds site 496 to the inventory of mineral and aggregate
resources.
THROOP: I move first and second reading by title only
of Ordinance No. 94-050.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 2 NOVEMBER 2, 1994
0138-0214
Chair Schlangen performed the first and second reading of
Ordinance No. 94-050 by title only.
THROOP: I move adoption.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Dave Leslie reported Ordinance No. 94-051 adopts the conflict
analysis and ESEE findings and decision. He stated the legal
description was accurate but not in the preferable form. This
would be adopted subject to review with the legal description
adjusted. Dave stated the ordinance would adopt the ESEE and
amend the Comprehensive Plan map to change the designation
from agricultural to surface mining.
THROOP: I move first and second reading of Ordinance
No. 94-051, by title only.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 94-051 by title only.
THROOP: I move adoption.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Dave Leslie reported Ordinance No. 94-052 would also have a
change in the legal description. This ordinance would change
the zoning map from EFU to surface mining and alter the
surface mining impact area combing zone to reflect the area
outside boundaries.
SLAUGHTER: I move first and second reading of Ordinance
No. 94-052, by title only.
THROOP: I'll second the motion.
MINUTES PAGE 3 NOVEMBER 21, 1994
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VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 94-052 by title only.
SLAUGHTER: I move approval.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
CONSIDERATION OF JAIL LEASE PROSPECTUS
Sue Stoneman reported this was the proposal to lease the old
jail space. She requested the Board to review and make
changes in it if they so desired. This would be distributed
throughout the region.
Chair Schlangen reported the jail space had temporarily been
donated to the Salvation Army for gathering food for the
Christmas baskets.
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$217,971.22
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $217,971.22.
SLAUGHTER: I move approval on review.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
DOG HEARING
Before the Board was a dog hearing.
Debi Hurley, Deschutes County Sheriff's Animal Control
Officer, reported that October 31, 1994, she received a call
from the Buckingham School area saying there were two black
dogs chasing cattle. The dogs were contained in the back of
a Chevy S-10 pickup. The dogs belonged to Ms. Bradley's
boyfriend, Jeff Holland.
MINUTES PAGE 4 NOVEMBER 2, 1994
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Jerie Boe, cattle owner, reported she observed two large black
dogs chasing the cattle. Her husband tried to call the cattle
to come in order to get the dogs to leave the cattle alone.
Her husband went out with his gun and she went to call the
Sheriff. She reported this was a 40 acre parcel that borders
the school, her home and Hamby Road.
Commissioner Tom Throop asked if the dogs were actually
chasing the dogs. Ms. Boe stated that the dogs were chasing
the cattle, but she did not see any bite marks on the cattle.
Ms. Boe reported her husband fired one shot to scare the
animals. She did not know that the bullet had hit the dog.
She reported the Sheriff's Department finally got the dogs
separated from the cattle and they took them to a pickup.
Ms. Boe reported that the dog owner had visited her home three
times in the last twenty-four hours regarding the situation.
She reported that the dog owner stated he was willing to
accept responsibility for his dogs.
Neil Mackey, Sheriff's Deputy, reported he arrived at
Buckingham School at 8:40 a.m. He observed some cows running
in the pasture but did not see the dogs at that point. Within
a few minutes a female reported she had seen two dogs chasing
cattle. At that time he observed the two dogs chasing the
cattle. The male dog went back through the fence to the
school and then both dogs were contained in Ms. Bradley's
pickup. He went to the Boe's residence and they reported the
livestock had not been injured. No one reported shooting.
Jeff Holland reported he was the dog owner. He reported the
dogs were normally on a leash in the back of the pickup.
Monique Bradley drove his pickup on the day of the incident.
When she drove off in his pickup, he requested her to put them
on the leash because they might jump out. Jeff Holland
received a call from Monique stating the Sheriff was going to
impound the dogs. He also received a phone call from Officer
Hurley. Officer Hurley told him that the cattle owner had
shot to try to scare the dogs off and asked him if he was
familiar with the statute. He was told that he had two
choices, either to have the dogs put to sleep or go before the
Board of Commissioners. Jeff Holland reported his dogs were
not vicious animals. He felt the law was ridiculous that a
dog can be put to sleep for chasing cattle but not for chasing
or biting a person. He has also always kept his dogs under
control but someone else was responsible for this. He also
received a phone call stating that his female chow was dead.
He told them not to do an autopsy until he got there.
Tom Throop stated the Board had no choice but to follow the
state law. The Board has the responsibility to determine if
MINUTES PAGE 5 NOVEMBER 2, 1994
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the dogs were chasing livestock. He stated there was no
choice.
THROOP: I move the Board make a finding that the dogs
did chase livestock and the necessary action
be taken.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
SIGNATURE OF JAN WARD DECISION ON THE APPEAL OF HEARINGS
OFFICER'S DECISION FOR ST. ANDREWS VILLAGE IN MOUNTAIN HIGH
Before the Board was signature of the decision on Jan Ward's
appeal of the Hearings Officer's decision for St. Andrews
Village in Mountain High.
Paul Blikstad requested the Board's signature today. He
stated that Jan Ward would be required to submit a master plan
and the County would require him to do a traffic study next
time.
SLAUGHTER: I would move signature on Jan Ward decision on
appeal of the Hearings Officer's decision for
St. Andrew Village in Mountain High.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
APPROVAL OF POLICY NO. 94-11-01, CAPITAL EXPENDITURES POLICY
Before the Board was approval of Policy No. 94-11-01, Capital
Expenditures Policy.
Rick Isham reported this was a policy that was recommended by
the auditors.
SLAUGHTER: I would move approval of County general policy
94-11-01.
THROOP: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
MINUTES PAGE 6 NOVEMBER 2, 1994
0138°0218
10. APPOINTMENT OF BRAD CHALFANT TO THE DESCHUTES PROVIDENCE
ADVISORY COMMITTEE
Before the Board was appointment of Brad Chalfant to the
Deschutes Providence Advisory Committee.
Chair Nancy Pope Schlangen recommended Brad Chalfant serve on
this committee.
SLAUGHTER: I move Brad be appointed.
THROOP: I'll second that motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
DATED this "ge_ day of
7 -
Board of Commissioners of Deslo�ihut
AT T:
Recording Sec
Nancy Pope
1994, by the
County, Orggon.
, Cha
ToT roop, Commissioner
I& S(" I*j
Barry H. laughter, Commissioner
MINUTES PAGE 7 NOVEMBER 2, 1994