1995-10821-Minutes for Meeting January 25,1995 Recorded 4/6/199595-10821 013 S- 0
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONzE1�F
Wednesday, January 25, 1995
Chairman Barry Slaughter called the meeting to order'at 1p'07,:a:m.
Board of County Commissioners in attendance were Barry Slaughter,
Nancy Pope Schlangen, and Robert Nipper. Also in attendance were
Mike Maier, County Administrator; Darrell Davidson, Sheriff; Ruth
Douglass, Library; Bruce White, Assistant County Counsel; Scott
Johnson, Commission on Children & Families Director; Brad Chalfant,
Property Manager; Andy Crosby, Assistant County Counsel; Rim
Worrell, Assessor; George Read, Community Development Director;
Dale Van Valkenburg, Planner; and Paul Blikstad, Planner.
1. PRESENTATION OF AWARDS FROM CENTRAL OREGON POLICE & SHERIFF'S
ASSOCIATION
Ralph Thomas reported the Central Oregon Police & Sheriff's
Association was a group of retired peace officers, retired
citizens in the community, business people, private citizens,
and corporations. The purpose of the association was to give
credit to outstanding law enforcement officers. The
association started as the result of the death of two
officers; one in Klamath Falls and one in John Day. This
association felt it was important to reward officers for the
good job that they had done before they were killed or
injured.
Awards were presented to Detective John Murphy, Bend Police
Department; Officer Bruce Ludwig and Officer Craig Unger,
Redmond Police Department; Norm Thrasher, Deschutes County
Officer of the Year; Outstanding Officer of Central Oregon was
awarded to State Trooper Cashmere.
2. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) approval of Four Rivers Vector Control District Work
Plan and request to operate for 1995; 2) signature of Order
No. 95-024, accepting the Engineer's Report relating to the
improvement of Apache and Lakeview Road Local Improvement
District and setting the hearing for remonstrance; 3)
signature of Intergovernmental Agreement between Children's
Services Division and Deschutes County Mental Health; 4)
signature of Resolution No. 95-016, directing the Commission
on Children & Families to advocate that the 1995 Legislature
lift the sunset provision in House Bill #2003; 5 ) signature of
Resolution No. 95-014, adopting the Code of Conduct Policy; 6)
signature of Order No. 95-021, assigning the name of Anker
Lane; 7) signature of Order No. 95-022, assigning the name of
Lookout Drive; 8) signature of Resolution No. 95-013,
initiating Annexation of territory into La Pine Sewer
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Commissioner Schlangen stated that the most important piece of
the formation of a district was the legal description.
Andy Crosby, Assistant Legal Counsel, felt that during the
process of the public hearings forming a district the boundary
could be amended pursuant to public input.
Bruce White stated the boundaries had been set but it was a
question as to whether the documentation was accurate. He
stated the documentation would need to be clarified. Possibly
with a resolution Nun pro tunc which would date it back to
when the original order was established. He stated that if
there was an invalid district, the County could not proceed to
sell bonds on that invalid district. He felt things could be
straightened out providing bond counsel was willing to say
that what we were doing was okay. He thought bond counsel's
opinion was essential.
The Board continued this item to Thursday, January 26, 1995,
at 11 a.m.
PUBLIC HEARING: SIGNATURE OF ORDER NO. 95-014, ANNEXING
TERRITORY INTO RURAL FIRE PROTECTION DISTRICT #2
Before the Board was a public hearing on signature of Order
No. 95-014, annexing territory into Rural Fire Protection
District #2.
Andy Crosby reported everything was in order for this
annexation with 100% of the parties requesting it.
Chair Slaughter opened the public hearing.
Tia Lewis testified, on behalf of Peter McCook, in support of
this annexation.
There being no further testimony, Chairman Slaughter closed
the public hearing.
SCHLANGEN: I move signature of Order No 95-014.
NIPPER: I second that.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
MINUTES PAGE 3 JANUARY 25, 1995
5.
V.
4i,(3 03
PUBLIC HEARING: SIGNATURE OF ORDER NO. 95-013, ANNEXING
TERRITORY INTO CLOVERDALE RURAL FIRE PROTECTION DISTRICT
Before the Board was a public hearing on signature of Order
No. 95-013, annexing territory into Cloverdale Rural Fire
Protection District.
Chairman Slaughter opened the public hearing.
Herb Hartman testified in support of this annexation.
Charles Trachsel testified in support of this annexation.
There being no further testimony, Chairman Slaughter closed
the public.
NIPPER: I move signature of Order No. 95-013, annexing
territory into Cloverdale RFP.
SCHLANGEN: I'll second the motion.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
DECISION: ON REVIEW OF A94-20, REGARDING WAL-MART
Before the Board was a decision on A94-20 as to whether to
review this issue or turn it over to the Land Use Board of
Appeals.
Paul Blikstad reported the Planning Director issued a decision
on a modification of conditions for Wal -mart. The decision by
the Planning Director was appealed by the Franklins. The
Hearings Officer rendered a decision that this modification
was a development action and the Franklins had not standing to
appeal. That decision by the Hearings Officer was appealed by
the Franklins again. Paul felt the decision was correct as
the modification was processed as a development action and
under the procedures ordinance they do not have the ability or
standing to appeal that decision. In this case only Wal -mart
could appeal that modification because it was processed as a
development action versus a land use action. Additionally,
the Hearings Officer said in her decision that because the
Franklins appealed the modification to LUBA, the County had no
jurisdiction.
Bruce White stated that any appeal the Board decided not to
hear would go to LUBA.
MINUTES PAGE 4 JANUARY 25, 1995
SCHLANGEN: I would like to move that we decline to review
appeal A94-20.
SLAUGHTER: I second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: NO
7. DECISION: ON REVIEW OF A94-21, REGARDING DON AND PAULA LAWYER
Before the Board was a decision on review of A94-21, regarding
Don and Paula Lawyer.
Dale Van Valkenburg reported this was an appeal of the
Hearings Officer's denial of a conditional use and variance
for a non-farm dwelling. This was a 10 -acre parcel with 9 1/2
acres that are irrigated. The applicant was proposing to site
a residence on a small rocky outcrop. The Hearings Officer
believed that the applicant proved the homesite was unsuitable
for growing alfalfa or other crops, but they did not build a
strong enough case that it was not suitable for livestock
pasture. It was on that basis that she denied the
application. Dale recommended that the Board hear this
appeal.
NIPPER: I move that the Board of County Commissioners
hear A94-21.
SCHLANGEN: I second the motion.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
8. DECISION: ON REVIEW OF A94-22, REGARDING CENTRAL OREGON PARKS
& RECREATION
Before the Board was a decision on review of A94-22, regarding
Central Oregon Parks & Recreation.
Dale reported this application was regarding Bordenbeck Park.
It was approved by the Hearings Officer but it was appealed on
a particular condition of the park being open only during
daylight hours. He recommended declining review of this
issue.
SCHLANGEN: I move that we decline to review A94-22.
NIPPER: I'll second that.
MINUTES PAGE 5 JANUARY 25, 1995
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VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
9. SIGNATURE OF LEASE FOR A PORTION OF JESSE HILL SCHOOL WITH
REDMOND SCHOOL DISTRICT 2J
Before the Board was signature of a lease for a portion of
Jesse Hill School with Redmond School District 2J.
Brad Chalfant reported this was a lease for a portion of the
Jesse Hill School as the school district was continuing to use
a portion of that building until July 1, 1995.
SCHLANGEN: I move signature of lease for a portion of
Jesse Hill School for the school district.
NIPPER: I'll second that.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
10. SIGNATURE OF ORDER NO. 95-025, MAKING BUDGETED CASH TRANSFERS
WITHIN THE 1994/95 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 95-025, making
budgeted cash transfers within the 1994/95 Deschutes County
Budget.
Mike Maier reported these were budgeted cash transfers.
SCHLANGEN: I move signature of Order No. 95-025.
NIPPER: I'll second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
11. SIGNATURE OF RESOLUTION NO. 95-015, TRANSFERRING
APPROPRIATIONS WITHIN DESCHUTES COUNTY BUDGET FOR FISCAL YEAR
1994/95
Before the Board was signature of Resolution No. 95-015,
transferring appropriations within Deschutes County Budget for
fiscal year 1994/95.
Mike reported this was $1,000 transfer going from the general
fund contingency to the Welcome Center.
SCHLANGEN: I move signature of Resolution No. 95-015.
MINUTES PAGE 6 JANUARY 25, 1995
NIPPER: I'll second it. 0138-16cl
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$621,554.13
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $621,554.13.
SCHLANGEN: I move approval upon review.
NIPPER: I'll second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter recessed this meeting until 11:30 a.m. for the
Executive Session.
Chair Slaughter reconvened the open session of the Board of County
Commissioners Meeting at 11:46 am
13. SIGNATURE OF WAIVER CONCERNING COUNTY REPRESENTATION REGARDING
MEASURE 8
Before the Board was signature of a waiver concerning county
representation regarding Measure 8.
SCHLANGEN: I will move signature of the waiver concerning
county representation
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
This meeting was adjourned to Thursday, January 26, 1995, at 11
a.m.
MINUTES PAGE 7 JANUARY 25, 1995
01+ 8-16'll2
DATED this 1? 5 day of , 1995, by the
Board of Commissioners of Deschu s Count , Oregon.
Barry H. Slaughter, thairman
ATT T:
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Recording Secre ary
Nancy Popo SchAangen, Commiss
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Rober/t L. Nipper, ComiiiAsioner
MINUTES PAGE 8 JANUARY 25, 1995