1995-17022-Minutes for Meeting February 01,1995 Recorded 5/18/199595-17022 0146-0870
MINUTES
DESCHUTES COUNTY BOARD OF COMM S
Wednesday, February 1, 1959-1 _'
Chairman Barry Slaughter called the meeting to,c ;`�b UO a.m.
Board of County Commissioners in attendance' wdree'''`Barry H.
Slaughter, Nancy Pope Schlangen, and Robert Nipper. Also in
attendance were Mike Maier, County Administrator; Rick Isham,
County Counsel; Bruce White, Assistant County Counsel; Paul
Blikstad, Planner; Roger Everett, Environmental Health; Andy
Crosby, Assistant County Counsel; Catherine Morrow, Planner; George
Read, Community Development Director; Sue Stoneman, Community
Relations Specialist; Sue Brewster, Assistant County Counsel; and
Frank Mancino, Code Enforcement.
CONVENE AS GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY
SERVICE DISTRICT
1. SIGNATURE OF RESOLUTION NO. 95-018, TRANSFERRING
APPROPRIATIONS WITHIN 9-1-1 COUNTY SERVICE DISTRICT BUDGET
Before the Governing Body was signature of Resolution No. 95-
018, transferring appropriations within 9-1-1 County Service
District Budget.
Mike Maier reported this was a $10,000 transfer from the 9-1-1
contingency fund to the capital outlay fund.
SCHLANGEN: I would like to move signature of Resolution
No. 95-018.
NIPPER: I'll second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
2. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Order No. 95-023, accepting the
Engineer's report relating to the improvement of Galen Road
Local Improvement District and setting the hearing for
remonstrance; 2) approval of Library By -Laws Amendments; 3)
approval of Maintenance Contract with Oregon Micro -Imaging,
Inc. for library reader/printers; 4) signature of Contract to
provide food service inspections of cafeterias in Sisters
School District; 5) signature of Indemnity Agreement for Lobos
Motorcycle Club, Inc. Races to be held February 18.,&J9, 1995;
6) signature of Resolution No. 95-019, appropriat'ng new grant
C��P'� 19g5 N!AY 18 1995
3.
0146-0871
funds to the STF Fund; 7) appointment of Charles Winders III
to the Four Rivers Vector Control District; and 8) signature
of Final Plat for MP -94-29, a 3 -lot Partition of 131.76 Acres
in the EFU and MUA-10 Zones, for James DeBrockert and Pat
Giesler.
NIPPER: I move approval of the consent agenda.
SCHLANGEN: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
CODE ENFORCEMENT TASK FORCE RECOMMENDATIONS
George Read reviewed the Task Force Recommendations with the
Board of County Commissioners. This item will be on the
agenda for adoption on Wednesday, February 8, 1995, at 10 a.m.
PUBLIC HEARING TO CONSIDER A PLAN AMENDMENT/ZONE CHANGE FROM
RL TO RS ON A 4.52 -ACRE PARCEL ADJACENT TO THE NEW 18TH STREET
IN BEND AND SIGNATURE OF ORDINANCE NO. 95-003 AND 95-004
Before the Board was a public hearing to consider a Plan
Amendment/Zone Change from RL to RS on a 4.52 -acre parcel
adjacent to the new 18th Street in Bend and signature of
Ordinance No. 95-003 and 95-004.
Paul Blikstad reported this property was adjacent to the new
18th Street between 18th Street and Pilot Butte Canal. This
property will have sewer, water and an arterial road serving
it. This issue was heard before the Hearings Officer and
there was no testimony in opposition to this application.
There was no appeal of the Hearing Officers decision. Paul
reported this was advertised as a public hearing but it should
have been advertised as an adoption of ordinances.
Commissioner Schlangen stated she had a problem with that
because it was advertised as a public hearing. She knew that
there were people in the audience that wished to testify.
Rick Isham stated that since there was no appeal filed the
Board did not need to accept additional testimony.
Rick Isham stated there had been a question as to whether
there was an opportunity to provide additional testimony. If
the Hearings Officer's decision had been appealed, then
further testimony could be heard.
MINUTES PAGE 2 FEBRUARY 1, 1995
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0146-0872
Steve Leventhal, 63285 Old Deschutes Road, stated he was an
interested party and felt he should have been given notice.
He commented that he felt his legal rights had been violated.
Rick Isham stated they had 10 days under our ordinance to file
a LUBA appeal. The burden on them would be to show that our
notice was inadequate. If it was found that the notice was
inadequate, it would be returned to a hearing at the Board
level.
Steve Leventhal stated the notice was not adequate and he was
entitled to a hearing. He stated there was no notice on
Deschutes Road that there was a proposed zoning change. He
asked that the final decision of the Board be sent to him.
Steven H. Leventhal, 63285 Old Deschutes Road, Bend, 97701
382-9368.
Rick Isham stated that any citizen wishing to receive notice
of all actions should request to be placed on a mailing list.
SCHLANGEN: I move first and second reading of Ordinance
No. 95-003 by title only.
NIPPER: I'll second that.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-003, by title only.
SCHLANGEN: I move adoption.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
SCHLANGEN: I move first and second reading of Ordinance
No. 95-004, by title only.
NIPPER: I'll second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-004, by title only.
MINUTES PAGE 3 FEBRUARY 1, 1995
0146-08'73
SCHLANGEN: I move adoption.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
5. SECOND READING OF ORDINANCE NO. 95-002, AMENDING DESCHUTES
COUNTY CODE, TITLE 13
Before the Board was the second reading of Ordinance No. 95-
002, amending Deschutes County Code, Title 13, regarding the
Abatement Program.
SCHLANGEN: I will move second reading of Ordinance No.
95-002, by title only.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chairman Slaughter performed the second reading of Ordinance
No. 95-002, by title only.
NIPPER: I move adoption.
SCHLANGEN: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
6. SECOND READING OF ORDINANCE NO. 95-005, AMENDING DESCHUTES
COUNTY CODE, TITLE 15
Before the Board was the second reading of Ordinance No. 95-
005, amending Deschutes County Code, Title 15, regarding the
Abatement Program.
SCHLANGEN: I move second reading of Ordinance No. 95-005,
by title only.
NIPPER: Second.
VOTE:
SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
MINUTES PAGE 4 FEBRUARY 11 1995
0146-08'74
Chair Slaughter performed the second reading of Ordinance No.
95-005, by title only.
NIPPER: I move adoption.
SCHLANGEN: I'll second that.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
7. SIGNATURE OF ORDER NO. 95-026, TRANSFERRING CASH WITHIN THE
DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 95-026,
transferring cash within the Deschutes County Budget.
SCHLANGEN: I move signature of Order No. 95-026,
transferring cash within the Deschutes County
budget.
NIPPER: I second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
B. SIGNATURE OF ORDERS NO. 95-012 AND 95-013, AUTHORIZING THE
REFUND OF TAXES
Before the Board was signature of Orders No. 95-012 and 95-
013, authorizing the refund of taxes.
SCHLANGEN: I move signature of Orders No. 95-012 and 95-
013, authorizing refund of taxes.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$199,798.34
Before the Board was approval of weekly accounts payable
vouchers in the amount of $199,798.34.
SCHLANGEN: I move approval of weekly accounts payable
vouchers upon review.
NIPPER: Second.
MINUTES PAGE 5 FEBRUARY 1, 1995
0.46-08'75
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
DATED this -1 day of , 1995, by the
Board of Commissioners of Deschutes CountV, Oregon.
Barry H. S aughter, Chairman
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4anacy4j1puLS an fienp,colmmi sinner
ATT ST:
Recording Secretary Rob rt L. Nipper, Co&dissioner
MINUTES PAGE 6 FEBRUARY 1, 1995