1995-10947-Minutes for Meeting December 07,1994 Recorded 4/6/19950138-1016
95-1094'7
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, December 71 1994
Chair Nancy Pope Schlangen called the meeting to order at 10
a.m. Board of County Commissioners in attendance were Nancy Pope
Schlangen and Barry Slaughter. Also in attendance were Mike Maier,
County Administrator; Dale Van Valkenburg, Planner; Jeri Schutte,
Building Maintenance Supervisor; Dennis Perkins, Building Safety
Director; Frank Moore, Mental Health Director; Brad Chalfant,
Property Manager; Andy Crosby, Assistant Legal Counsel; Sue
Stoneman, Public Relations Specialist; Rick Isham, County Counsel;
Bruce White, Assistant County Counsel; Dave Leslie, Planner; George
Read, Community Development Director; Florence Torrigino, Health
Department Director; Susan Mayea, Support Services Manager; and
Catherine Morrow, Planner.
1. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) approval of Lottery Economic Development Grant for
Deschutes County Fairgrounds Master Plan; 2) signature of
Resolution No. 94-110, initiating Galen Road Local Improvement
District; 3: signature of Resolution No. 94-111, Initiating
Apache Road Local Improvement District; 4) signature of Radio
Transmission Site Lease Agreement with City of Bend; 5)
signature of Amendment #1 to the interagency agreement
regarding the Deschutes River Stewardship Brochure; 6)
signature of final partition plat for MP -94-17 and signature
of Declaration of Dedication; 7) approval of rescinding
Personal Services Contract with Mary Duncan; 8) signature of
Supplemental Agreement No. 2 between Oregon Department of
Transportation, Deschutes County and City of Bend; 9)
reappointment of Elaine Young, Darrell Wilson and Bob Slawson
to the Special Transportation Fund Advisory Committee; 10)
appointment of Larry Kimmel to the Deschutes County Budget
Committee; and 11) approval of possible sale of real property
to Scott Logging in the La Pine Industrial Park.
SLAUGHTER: I would move approval of the consent agenda.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
KEY CHEF'
1995
tiPR 181N ��
2.
3.
4.
0138-101'
PUBLIC HEARING: ON THE TRANSFER OF REAL PROPERTY TO THE CITY
OF REDMOND
Brad Chalfant reported this was a transfer of 253 acres to the
City of Redmond. This property was valued at $1,008,000.
This will allow the City of Redmond to remove FAA patents on
property that they can then transfer to the County. This
property would eventually be passed on to COCC for a
vocational training facility.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
SLAUGHTER: I move approval of Order No. 94-158.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
CONTINUED PUBLIC HEARING: ON PETITION TO ANNEX TERRITORY INTO
THE LA PINE RURAL FIRE PROTECTION DISTRICT AND SIGNATURE OF
ORDER NO. 94-151
Before the Board was a continued public hearing on a petition
to annex territory into the La Pine Rural Fire Protection
District and signature of Order No. 94-151.
Chair Schlangen opened the continued public hearing. There
being no testimony, Chair Schlangen closed the public hearing.
SLAUGHTER: I move signature on Order No. 94-151.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
SIGNATURE OF ORDINANCE NO. 94-053, AMENDING TITLE 18 REPLACING
"ANIMAL HOSPITAL" WITH VETERINARY CLINIC AS A CONDITIONAL USE
Before the Board was signature of Ordinance No. 94-053,
amending Title 18 replacing "animal hospital" with veterinary
clinic as a conditional use.
Chair Schlangen stated she had received a letter from a
veterinary clinic requesting an emergency clause which would
allow them to apply for a conditional use permit in a timely
manner to start construction in March 1995.
MINUTES PAGE 2 DECEMBER 7, 1994
5.
6.
0138-1018
SLAUGHTER: I would move first and second reading of
Ordinance No. 94-053, by title only, with the
emergency clause.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 94-053, by title only.
SLAUGHTER: I move approval.
SCHLANGEN: I second the motion for adoption.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
APPROVAL OF OUT-OF-STATE TRAVEL FOR THE SHERIFF'S DEPARTMENT
Before the Board was a request for approval of out-of-state
travel for the Sheriff's Department.
Larry Blanton requested approval for one person from the
Sheriff's Department to attend training in San Diego on
January 23-27, 1995.
SLAUGHTER: I would move approval of out-of-state travel
for the Sheriff's Department.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
SIGNATURE OF ORDINANCE NO. 94-060, IMPLEMENTING BALLOT MEASURE
8 AS TO COUNTY EMPLOYEES AND ORDINANCE NO. 94-061,
IMPLEMENTING BALLOT MEASURE 8 AS TO COUNTY OFFICIALS
Bruce White requested the Board continue the Board meeting
regarding this issue to later today. Rick Isham stated there
were some issues they needed to review before action was
taken. The Board meeting will be continued to 2:30 p.m. on
December 7, 1994.
Bruce White stated this ordinance would amend the Deschutes
County Personnel Rules. He stated the personnel rule would
MINUTES PAGE 3 DECEMBER 7, 1994
7.
0138-1019
now say that the County will make contributions to the PERS to
the maximum allowed by the State Constitution.
Commissioner Schlangen stated that the County would put the
PERS money in a special account until all litigation was
settled. She stated the Board had promised to do this for the
employees.
Bruce White stated the current policy of paying the employees
portion of the PERS would be suspended. The employees under
contract will not be affected until the contract expires.
Duane Blackwelder testified in support of the County changing
the rules in support of the employees. He felt that if the
school districts were able to do it for employees the county
should be able to do this also.
Chair Schlangen stated the voters of the County had indicated
their wishes of eliminating this benefit. She stated the
County will hold the funds for the employees in case this
measure was overturned.
Dave Leslie testified in opposition of the Board's action
taken on this issue.
Chair Schlangen stated this issue will be discussed at the
continuation of the Board meeting at 2:30 p.m.
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$598.547.13
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $598,547.13.
SLAUGHTER: I move approval on review.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
APPOINTMENT OF BOB NIPPER, RON WALKER, TOM HARRIS, AND HERB
HARTMAN TO THE BOARD OF EQUALIZATION
Before the Board was appointment of Bob Nipper, Ron Walker,
Tom Harris, and Herb Hartman to the Board of Equalization.
SLAUGHTER: I would move approval.
SCHLANGEN: I second the motion.
MINUTES PAGE 4 DECEMBER 7, 1994
0138-1020
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
The Board of County Commissioner's Meeting was continued to
2:30 p.m.
The Board of County Commissioner's reconvened the meeting at
3:10 p.m. on December 7, 1994, in the Commissioner's small
conference room.
9. CONSIDERATION OF SIGNATURE OF ORDINANCE NO. 94-060, REGARDING
PERS CONTRIBUTION FOR NON -REPRESENTED COUNTY EMPLOYEES
Before the Board was signature of Ordinance No. 94-060,
regarding PERS contribution for non -represented County
employees.
Bruce White reported there were some technical wording changes
in the ordinance and he had added a definition, in section 5,
of Ballot Measure 8.
SLAUGHTER: I move first and second reading of Ordinance
No. 94-060, by title only.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 94-060, by title only.
SLAUGHTER: I move adoption of 94-060.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
10. CONSIDERATION OF SIGNATURE OF ORDINANCE NO. 94-061, REGARDING
PERS CONTRIBUTION FOR ELECTED PUBLIC OFFICIALS
Before the Board was signature of Ordinance No. 94-061,
regarding PERS contribution for elected public officials.
SLAUGHTER: I move first and second reading of Ordinance
No. 94-061, by title only.
SCHLANGEN: Second the motion.
MINUTES PAGE 5 DECEMBER 7, 1994
0138-1021
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
Chair Schlangen performed the first and second reading of
Ordinance No. 94-061, by title only.
SLAUGHTER: I move adoption of Ordinance No. 94-061.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY
SERVICE DISTRICT
11. SIGNATURE OF ORDER NO. 94-159, DECLARING THE RESULTS OF THE
ELECTION RELATING TO THE DESCHUTES COUNTY 9-1-1 COUNTY SERVICE
DISTRICT TAX BASE
Before the Governing Body was signature of Order No. 94-159,
declaring the results of the election relating to the
Deschutes County 9-1-1 County Service District Tax Base.
SLAUGHTER: I move adoption of Order No. 94-159.
SCHLANGEN: I have a motion for signature of Order No. 94-
159. I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
12. SIGNATURE OF RESOLUTION NO. 94-117, AMENDING THE DISTRICT'S
POLICY REGARDING PERS CONTRIBUTIONS FOR NON -REPRESENTED
DISTRICT EMPLOYEES
Before the Governing Body was signature of Resolution No. 94-
117, amending the District's policy regarding PERS
contributions for non -represented district employees.
SLAUGHTER: I move signature on Resolution No. 94-117.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
MINUTES PAGE 6 DECEMBER 7, 1994
0138-1022
CONVENE AS THE GOVERNING BODY OF EXTENSION/4-H COUNTY SERVICE
DISTRICT
13. SIGNATURE OF RESOLUTION NO. 94-119, AMENDING THE DISTRICT'S
POLICY REGARDING PERS CONTRIBUTION FOR NON -REPRESENTED
DISTRICT EMPLOYEES
Before the Governing Body was signature of Resolution No. 94-
119, amending the District's policy regarding PERS
contributions for non -represented district employees.
SLAUGHTER: I move signature on Resolution No. 94-119.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
14. DECISION: Dog Hearing (Grizzly)
Before the Board was a decision on a dog hearing.
Commissioner Slaughter stated there was no evidence of
ingestion of any matter, no evidence of blood, the collar was
a confusing issue, and there was another dog around. The two
men have been neighbors for a long time but they are at each
others throats. He felt the word of the parties were okay,
but there was no way for Mr. Hoar to prove anything. The
evidence was relatively substantial enough to condemn any dog
or party but he could not bring himself the condemn the dog.
Rick Isham state this was a classic dog hearing. He stated
there was positive evidence that the dog was in the livestock
owner's pasture. He stated according to the livestock owner
the dog was seen in the corner of his pasture. Robert Hoar
had testified that he had seen the dog 100 yards away when he
took a shot at it. He stated Kemnitz stated the dog was
chained except for a short time. He stated there was no
evidence from the veterinarian that showed blood on the dog,
but there was the issue of the disputable presumption.
Commissioner Slaughter stated Mr. Hoar only reported there was
a confused dog near the sheep. He did not remember Mr. Hoar
ever stating that he had seen a dog chasing sheep.
Commissioner Slaughter stated if it was his dog he would give
it up.
Rick Isham recommended that if they find the dog did not
chase, he would like a chance to put some findings in the
order. If the vote remains split, Commissioner Throop could
be provided with copies of the tape and the final decision
MINUTES PAGE 7 DECEMBER 7, 1994
0138-1023
could be made at the meeting on December 21, 1994, with
Commissioner Throop present.
Rick Isham stated the evidence that Griz was chasing has to be
more likely than not.
Commissioner Slaughter felt that it would necessary for
Commissioner Throop to participate in the dog hearing, and
asked for the matter to be continued.
This agenda item will be scheduled on December 21, 1994, at a
separate time from the regular Board meeting.
SLAUGHTER: I move we put this aside until Tom Throop
comes back.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
DATED this -'/AA day of , 1994, by the
Board of Commissioners of Deschutes County, Oregon.
r � �.
Nancy Po t
a Sc langen, Chair
AT T:
Recording Secr tart'
Tom Throop, Co issioner
j ;'/
Barry H. Slaughter, Commissioner
MINUTES PAGE 8 DECEMBER 7, 1994