1995-17656-Minutes for Meeting March 29,1995 Recorded 5/23/19959F-176,%
MINUTES
0146-1224
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, March 29, 1995
Chair Slaughter called the meeting to order at 10:00 a.m Board of
County Commissioners present were Barry Slaughter, Robert Nipper,
and Nancy Pope Schlangen. Also in attendance were Rick Isham,
County Counsel; Bruce White, Assistant County Counsel; Andy Crosby,
Assistant County Counsel; George Read, Community Development
Director; Dale Van Valkenburg, Planner; Catherine Morrow, Planner;
Mike Maier, County Administrator; James Lewis, Planner; Susan
Mayea, Support Services Manager; Sue Stoneman, Community Relations
Specialist; Florence Torrigino, Health Department Director; Brian
Harrington, Planner; Sue Brewster, Assistant County Counsel; and
Brad Mulvihill, Juvenile Department Manager.
1. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 3) signature of Resolution No. 95-048, accepting the
petition to vacate a portion of Rocking Horse Road, accepting
Engineer's Report relating to said vacation and signature of
Order No. 95-052, setting a public hearing; 4) partial release
of security for mobile home sold to Delbert & Rita Barber; 5)
signature of notice of termination of BMX Lease; 6) signature
of Acceptance of Dedication for Russells; 7) signature of Road
Dedication of Right-of-way adjacent to Bluewood Subdivision
and signature of Final Plat; 8) signature of Condition of
Approval Agreement for Melanie Payer for SP -94-67; 9)
signature of Final Plat for Painted Ridge at Broken Top, Phase
I; 10) Plat signature on MP -94-38, creating a non-farm parcel
less than the minimum lot size out of a farm parcel in the
EFU-TE Subzone; and 11) appointments of Karen Pautz, Robert
Otteni, Ernie Poole, Mary Ann Troy, and Gloria Stahlman to the
La Pine Community Action Team.
Bruce White requested item #2 be removed from the consent
agenda and placed on April 3, 1995 agenda
SCHLANGEN: I move approval of consent agenda items 3-11.
NIPPER: I'll second
that motion.
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VOTE: SLAUGHTER:
YES
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SCHLANGEN:
YES
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NIPPER:
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2.
3.
4.
0146-1215
PUBLIC HEARING: ON SIGNATURE OF ORDER NO. 95-054, ANNEXING
SISTERS/CAMP SHERMAN RFPD INTO 9-1-1 COUNTY SERVICE DISTRICT
Before the Board was a public hearing on signature of Order
No. 95-054, annexing Sisters/Camp Sherman RFPD into 9-1-1
County Service District.
Andy Crosby requested this public hearing be continued to 3:15
p.m. today for the decision.
Chair Slaughter opened the public hearing. There being no
testimony, the hearing was continued to 3:15 p.m today.
PUBLIC HEARING: ON SIGNATURE OF ORDER NO. 95-055, ANNEXING LA
PINE INDUSTRIAL SITE INTO THE LA PINE SEWER DISTRICT
Before the Board was a public hearing on signature of Order
No. 95-055, annexing La Pine Industrial Site into the La Pine
Sewer District.
Andy Crosby reported this was the final order for annexation.
He reported there was an understanding with the La Pine Sewer
District that they will not require hook ups of the existing
businesses which are annexed into the sewer district until the
sewer was actually extended to those businesses. Andy
reported this agreement was in writing.
Chair Slaughter opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I move signature of Order No. 95-055, annexing
La Pine Industrial Site into the La Pine Sewer
District.
SCHLANGEN: Second the motion.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
CONTINUED PUBLIC HEARING: ON ORDER NO. 95-050, FORMATION OF
THE PONDEROSA PINES WATER DISTRICT
Before the Board was a continued public hearing on Order No.
95-050, formation of the Ponderosa Pines Water District.
Bruce White reported this was continued in order for him to
consult with the attorney for the water company. The water
company will continue until September when there was to be an
election of Board of Directors.
MINUTES PAGE 2 MARCH 29, 1995
5.
0146-12:1.6
Chair Slaughter opened the continued public hearing. There
being no testimony, the public hearing was closed.
SCHLANGEN: I move signature of Order No. 95-050.
NIPPER: I second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
PUBLIC HEARING: ON ORDINANCE NO. 95-001, AMENDING THE
WILDLIFE HABITAT COMBINING ZONE
Before the Board was a public hearing on Ordinance No. 95-001,
amending the Wildlife Habitat Combining Zone.
Catherine Morrow reported this was an ordinance that was
proposed because uses that were prohibited were not allowed to
expand in the Wildlife Habitat Combining Zone. This ordinance
also defines driveways and driveways as they relate to the
wildlife combining zone.
Chair Slaughter opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I move first and second reading by title only
of Ordinance No. 95-001, amending the Wildlife
Habitat Combining Zone.
SCHLANGEN: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-001, by title only.
SCHLANGEN:
NIPPER:
VOTE:
I move adoption.
Second.
SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
MINUTES PAGE 3 MARCH 29, 1995
0146-1217
6. CONTINUED PUBLIC HEARING: ON APPEAL A-94-21 OF THE HEARINGS
OFFICER'S DENIAL OF LAND USE FOR DON AND PAULA LAWYER
Before the Board was a continued public hearing on appeal of
A-94-21 of the Hearings Officer's denial of land use for Don
and Paula Lawyer.
Commissioner Slaughter reported the hearing would only be on
the visitation of the property. He stated he would approve
their land use on Pinehurst Road with conditions.
Commissioner Slaughter stated that water rights were never on
the west end of the parcel and the land was mainly rock on
that end. The water right had not been approved by the State
nor by the Tumalo Irrigation District, and Commissioner
Slaughter felt it was not a valid water right transfer or
removal. He would therefore approve the building on the non-
productive west end of the land.
Sharon Smith, attorney for Don and Paula Lawyer, testified
that the Tumalo Water District had approved the transfer of
water rights.
Commissioner Nipper stated the Lawyers were not treated very
well. He felt there was an obligation to protect EFU land,
however, the Lawyers should be allowed to build on their
property but only on the rocky outcropping on the west end.
Commissioner Schlangen asked if the westside outcropping
needed a variance. Dale Van Valkenburg, Planner, responded
that it did not need one.
SLAUGHTER: I move we overturn the Hearings Officer's
denial and approve the application of the
Lawyers with the stipulation that they put the
home on the unproductive rocky outcropping on
the west end of the property.
NIPPER: I would second that.
Commissioner Schlangen asked if there were any other
conditions that needed to be made if this was approved. Dale
stated the variance request was moot since it was not within
50 feet of other property. Commissioner Schlangen expressed
concern because this land had been historically used for
grazing.
Rick Isham asked if the site of the house had a problem with
the septic system. Dale reported the land use regulations do
not restrict it but he was not sure about the environmental
health laws.
MINUTES PAGE 4 MARCH 29, 1995
7.
0146-1218
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
PUBLIC HEARING: ON ORDINANCE NO. 95-018, TA -95-2 AMENDING
CHAPTER 22.36 OF THE PROCEDURES ORDINANCE
Before the Board was a public hearing on Ordinance No. 95-018,
TA -95-2, amending Chapter 22.36 of the Procedures Ordinance.
James Lewis reported this was to clear up the questions as to
whether a permit had expired. At this point all land use
permits have a duration of 1 year. The proposal would be for
land use permits to be for 2 years. The existing ordinance
allows for two 6 -month extensions on permits. The proposed
ordinance allows a 1 -year extension with additional
extensions, if all criteria has been met.
Bruce White reported there were two kinds of extension. One
was granted after the 2 -year period was up. The applicant
would need to apply for an extension for reasons that were
beyond their control. At the end of the third year they can
get additional extensions if the applicable criteria has not
changed in the mean time.
George Read stated it could add to the problem of people
beginning construction and not finishing it, but it could also
help solve the problem. There was a hearing with the Planning
Commission on this issue. This would be a major shift of the
philosophy of the county.
Chair Slaughter opened the public hearing. No public
testimony was presented. The Board of County Commissioner's
stated the public hearing would be left opened until April 5,
1995.
SIGNATURE OF AMENDMENT #2 FOR HMO OREGON CONTRACT
Before the Board was signature of Amendment #2 for the HMO
Oregon contract.
Florence reported this amendment extends the contract from
March 31, 1995, to December 31, 1995.
SCHLANGEN:
NIPPER:
VOTE:
MINUTES PAGE 5
I move signature of the amendment to the HMO
Oregon contract.
I'll second that.
SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
MARCH 291 1995
0145-1219
SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH OMAP
Before the Board was signature of an Intergovernmental
Agreement with OMAP.
Florence reported this would allow them to link in with their
electronic system to receive client data information. There
was no cost to the county.
SCHLANGEN: I move signature of Intergovernmental
Agreement with OMAP.
NIPPER: I'll second that.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
10. ADOPTION OF ORDINANCE NO. 95-013, ADDING CHAPTER 2.50, BOARD
OF SUPERVISORS, TO TITLE 2 OF DESCHUTES COUNTY BOARD REGARDING
DOG HEARING BOARD AND ORDINANCE NO. 95-014, AMENDING TITLE 6
OF DESCHUTES COUNTY CODE
Before the Board was adoption of Ordinance No. 95-013, adding
Chapter 2.50, Board of Supervisors, to Title 2 of Deschutes
County Board regarding Dog Hearing Board and Ordinance No. 95-
014, amending Title 6 of Deschutes County Code.
SCHLANGEN: I move first and second reading of Ordinance
No. 95-013, by title only.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-013, by title only.
SCHLANGEN: I move adoption of Ordinance No. 95-013.
NIPPER: I'll second it.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
MINUTES PAGE 6 MARCH 29, 1995
0146-1220
SCHLANGEN: I move first and second reading of Ordinance
No. 95-014, by title only.
NIPPER: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter performed the first and second reading of
Ordinance No. 95-014, by title only.
SCHLANGEN:
NIPPER:
VOTE:
I move adoption.
Second.
SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
11. APPROVAL OF BUSINESS LOAN TO PACIFIC SCIENCE & TECHNOLOGY
Before the Board was approval of a business loan to Pacific
Science & Technology.
Tonya Dow of COIC reported this company was a Bend company
that was founded 7 years ago. Their clients include Pacific
Power, Pacific Gas, and large businesses such as Boeing, etc.
This company has expanded rapidly. This project includes 1100
square foot addition to the building, renovation of the
existing space and new test equipment. The project will total
$150,000. This loan was in the amount of $60,000 from the
Loan Fund #2. The county's participation was because the Bank
of the Cascade was unwilling to fund the entire expansion by
themselves. The county collateral will be a third Trust Deed
on business real estate and a first on business equipment.
NIPPER: I move approval of the business loan to
Pacific Science.
SCHLANGEN: I second the motion.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
12. SIGNATURE OF TAX REFUND ORDERS NO. 95-045 AND 95-056
Before the Board was signature of Orders no. 95-045 and 95-
056, authorizing the refund of taxes.
SCHLANGEN: I move signature of such orders.
MINUTES PAGE 7 MARCH 29, 1995
NIPPER: I'll second it. 0146-1221
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS IN THE AMOUNT OF
$327,516.14
Before the Board was approval of weekly accounts payable
vouchers in the amount of $327,516.14.
NIPPER: I move approval of the weekly accounts payable
voucher subject to review.
SCHLANGEN: Second.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
Chair Slaughter stated the Board of County Commissioners would be
continuing this meeting at 3:15 p.m. today.
Chair Slaughter reconvened the Board of County Commissioners at
3:25 p.m.
PUBLIC HEARING: ON SIGNATURE OF ORDER NO. 95-054, ANNEXING
SISTERS/CAMP SHERMAN RFPD INTO 9-1-1 COUNTY SERVICE DISTRICT
Before the Board was signature of Order No. 95-054, annexing
Sisters/Camp Sherman RFPD into 9-1-1 County Service District.
Andy Crosby reported the continued public hearing was
regarding a portion of the Sisters/Camp Sherman Rural Fire
Protection District lying in Jefferson County being annexed
into Deschutes County 9-1-1 County Service District.
Andy reported annexing that portion of Jefferson County into
the 9-1-1 Service District for Deschutes County requires the
consent of the governing body for Jefferson County. Jefferson
County Board had some questions that remain unanswered at this
point.
Bruce White felt the map could be submitted for the proposed
boundary change.
Andy requested the Board continue the public hearing to
Wednesday, April 5, 1995, at 10 a.m. when he expected to have
consent from Jefferson County.
MINUTES PAGE 8 MARCH 29, 1995
0146-1222.
DATED this -15? 0 - day of , 1995, by the
Board of Commissioners of Deschutes tounty, Oregon.
�J'�v
Barry H. Slaughter, Chairman
ATTEST:
Recording Secr tart'
Nancy PoAe Sc
ss
Robert L. Nipper, Coi&Assioner
MINUTES PAGE 9 MARCH 29, 1995