1995-17069-Minutes for Meeting February 15,1995 Recorded 5/18/19950146-0881
ss-17oss,
MINUTES ---
DESCHUTES COUNTY BOARD OF COMMISSIONERSf'`'
Wednesday, February 15, 1995
co
Chair Barry H. Slaughter called the meeting to order at 10:0 7,,a.
Board of County Commissioners in attendance were Bar y H.
Slaughter, Nancy Pope Schlangen, and Robert Nipper. Also present
were Tom Blust, County Engineer; Rick Isham, County Counsel; Bruce
White, Assistant County Counsel; Andy Crosby, Assistant County
Counsel; Mike Maier, County Administrator; Sue Stoneman, Community
Relations Specialist; and Susan Mayea, Support Services Manager.
1. CONSENT AGENDA:
Consent agenda items before the Board of Commissioner were: 1)
signature of Resolution No. 95-029, certifying the road
assessments on certain real property in Seminole Circle
L.I.D.; 2) signature of Resolution No. 95-030, certifying the
road assessments on certain real property in Comanche Circle
L.I.D.; 3) signature of Resolution No. 95-026, petty cash
account for Park Place and Rainbow House; 4) signature of
easement for U. S..West Communication, Inc.; 5) signature of
Resolution No. 95-021, declaring intent to transfer land to
Bend Metro Park & Recreation District and set a hearing date;
6 ) signature of License to use the land for 3-T Equipment (Hap
Taylor & Sons); 7) signature of Indemnity Agreement for
Central Oregon Desert Racing Association Event to be held on
March 11, 1995; 8) amendment to Intergovernmental Agreement
with Senior & Disabled Services Division for Title XIX
reimbursement; and 9) signature of Orders No. 95-031 and 95-
032, authorizing the refund of taxes.
SCHLANGEN: I move approval of consent agenda items 1-9.
NIPPER: I second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
2. PUBLIC HEARING: ON THE PROPOSED VACATION OF A PUBLIC ROAD
RIGHT-OF-WAY LOCATED IN HILL CREST SUBDIVISION
Before the Board was a public hearing on the proposed vacation
of a public road right-of-way located in Hill Crest
Subdivision.
Tom Blust reported this was a proposal for vacating road
right -of ways in the Hill Crest Subdivision. He recommended
the public hearing be held but the signature of orders would
be signed on a phase -by -phase ba s a the phases were filed.
ivf
9t
3.
4.
5.
0146-0882
Chair Barry Slaughter opened the public hearing. There being
no testimony, the public hearing was closed.
Tom reported there was no action required today. The
resolutions would be ready for signature in approximately two
weeks.
SIGNATURE OF RESOLUTIONNO. 95-028, DECLARING FEBRUARY 17
1995 AS BOB SHOTWELL DAY
Before the Board was signature of Resolution No. 95-028,
declaring February 17, 1995, as Bob Shotwell Day.
SCHLANGEN: I will move signature of Resolution No. 95-
028, declaring February 17, 1995, as Bob
Shotwell Day.
NIPPER: I second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $306,515.10.
SCHLANGEN: I move approval upon review.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
DISCUSSION OF WAL-MART DEVELOPMENT AGREEMENT
Rick Isham reported this was placed on the agenda by the
Board. He reported receiving a letter from Dan Van Vactor.
Attached to the letter were minutes from the Boards work
session of January 23, 1995, and a proposed resolution. Rick
also received a letter from Ann Davies, representing Wal -mart.
He stated that in his conversations with Dan Van Vactor he
expressed that he would not put this on the agenda. The
question was whether this was an enforcement issue or a land
use action. He stated that it may be the Board was being
requested to make a declaratory ruling. In the absence of
this being included in our ordinances, we do not have the
MINUTES PAGE 2 FEBRUARY 15, 1995
0146-0883
authority to make the ruling. Rick referred to Clackamas
County vs Marson. He stated the board needs to decide whether
it was appropriate to hear the people present today. He felt
if the Board was going forward with a hearing, adequate notice
needed to sent out. The Board should await the pending cases
with LUBA. Rick advised the Board not to proceed with hearing
the testimony today.
Commissioner Slaughter felt the Board should not hear this
issue until the appeals that are pending are settled.
Commissioner Nipper stated he was having a problem in the
determination of whether this was land use or development.
Rick stated that if this was a land use issue notice would
have to be given.
Commissioner Nipper asked if there was a definitive ruling by
the Hearings Officer that this was a development agreement.
Rick stated the hearings officers ducked it and this was being
appealed to LUBA. He felt the record needs to be settled on
the three cases before LUBA.
Commissioner Nipper stated the Board should not pass every
case on to LUBA.
Rick stated the Board should either wait until the LUBA
decisions were made or give the 20 day notice before hearing
testimony.
Paul Speck, attorney representing the Franklins, disagreed
with Rick as to whether the Board should hear the testimony.
While the County was involved in these pending proceedings,
staff would be involved in these hearings. He felt the legal
staff had been inconsistent with the Boards feelings. He
stated the Board of last fall felt different than the new
Board in office at this time.
Commissioner Slaughter felt nothing else should be heard on
this case until the Circuit Court case and the LUBA cases were
settled.
Paul Speck stated that when the Board leaves the policy aspect
to LUBA and Circuit court, the Board may not get the result
they desired.
Dan Van Vactor appreciated the Board putting this on the
agenda. He felt the time has come to put an end to this
story. This issue will cost the County and the Franklins a
lot of money because the Board did not try to settle this
issue.
MINUTES PAGE 3 FEBRUARY 15, 1995
6.
Commission Schlangen stated she resented Dan Van Vactor's
stating he knew how she felt on these issues. Dan Van Vactor
stated he felt that she was for the public taking.
Commissioner Slaughter stated he would like to not be badgered
by attorneys or clients until this issue had been heard by the
Courts and/or LUBA.
SIGNATURE OF RESOLUTION NO. 95-027, AMENDING RESOLUTION NO.
95-013, AND RESETTING A DATE OF HEARING FOR LA PINE INDUSTRIAL_
SITE ANNEXATION INTO LA PINE SEWER DISTRICT
Before the Board was signature of Resolution No. 95-027,
amending Resolution No. 95-013, and resetting a date of
hearing for La Pine Industrial Site annexation into La Pine
Sewer District.
Rick Isham reported the notice was not sent out in a timely
manner.
SCHLANGEN: I move signature of Resolution No. 95-027.
NIPPER: I'll second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
7. SIGNATURE OF RESOLUTION NO. 95-031, AMENDING RESOLUTION NO.
95-005, AND RESETTING A DATE OF HEARING FOR SISTERS/CAMP
SHERMAN ANNEXATION INTO 9-1-1 COUNTY SERVICE DISTRICT
Before the Board was signature of Resolution No. 95-031,
amending Resolution No. 95-005, and resetting a date of
hearing for Sister/Camp Sherman Annexation into 9-1-1 County
Service District.
SCHLANGEN: I move signature of Resolution No. 95-031.
NIPPER: I second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
8. SIGNATURE OF LIQUOR LICENSE FOR SUNRIVER CHOWDER HOUSE, INC.
Before the Board was signature of a liquor license for
Sunriver Chowder House, Inc.
MINUTES PAGE 4 FEBRUARY 15, 1995
NIPPER:
SCHLANGEN:
VOTE:
I move signature.
Second.
SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
i
0146-0885
9. SIGNATURE OF MYLAR FOR AIRPORT INDUSTRIAL PARK WEST IN REDMOND
Before the Board was signature of a mylar for Airport
Industrial Park West in Redmond.
SCHLANGEN:
NIPPER:
VOTE:
I move signature.
I second it.
SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter recessed the meeting until 4:00 p.m. today.
Chair Slaughter reconvened as the governing body of Deschutes
County 9-1-1 County Service District at 4:02 p.m. County
Commissioners in attendance were Barry Slaughter, Nancy Pope
Schlangen, and Robert Nipper. Also present were Rick Isham, County
Counsel; Andy Crosby, Assistant County Counsel, and Anita Mutchie,
Recording Secretary.
10.
F
7J—V VJ . ZU'I J LX4a%jjz 111.a7tT 111JJ
SHERMAN ANNEXATION INTO 9-1-1 COUNTY SERVICE DISTRICT
Before the Board was signature of Resolution No. 95-031,
amending Resolution No. 95-005, resetting the hearing date for
the Sisters/Camp Sherman Annexation into the 9-1-1 County
Service District.
NIPPER: I move approval of Resolution No. 95-031.
SCHLANGEN: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
MINUTES PAGE 5 FEBRUARY 15, 1995
0146-ow;
DATED this l5 7��i day of , 1995, by the
Board of Commissioners of D schutes Count , Oregon.
I Wf
Barry H. Slaughter, Chairman
N ncy Pope Schl gen, Commissio er
ATTEST:
Recording Sec etary Ro t L. Nipper, CommIsilioner
MINUTES PAGE 6 FEBRUARY 15, 1995