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1995-22960-Minutes for Meeting May 03,1995 Recorded 6/30/199595-22960 014 7- er e 'l MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONIMSi,,aijjl 49 Wednesday, May 3, 1995 Ct F" Chair Slaughter called the meeting to order at 10:05 a.m. Board of County Commissioners present were Barry H. Slaughter, Nancy Pope Schlangen, and Robert L. Nipper. Also in attendance were Rick Isham, County Counsel; Tom Blust, County Engineer; Andy Crosby, County Counsel; Kevin Harrison, Planner; Sue Stoneman, Community Relations Specialist; Al Driver, Solid Waste Director; Timm Schimke, Solid Waste Department; and Dave Leslie, Planner. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissions were: 1) signature of Resolution No. 95-023, authorizing signature of Personal Services Contract number C-95-023 with David Evans & Associates; 2) award of Contract to Bend Aggregate and Paving for the construction and paving of the 1st and Olney parking lot; 3) award of Contract to Bend Aggregate and Paving for the paving of Stevens and the American Lane Bridge Deck; 4) signature of amended Contract with the Juvenile Department for diversion services in La Pine and Sisters; 5) signature of Resolution No. 95-064, providing for the execution of a Lease Purchase Agreement with Ken and Linda Cook; 6) signature of Personal Services Contract with B.J. Fowler for land sale auctioneer services; 7) signature of Order No. 95-072, ordering the sale of certain real property; 8) signature of Watch TV Sublease on Awbrey Butte Transmission Site on N.W. Antenna Site Services Tower; 9) signature of Resolution No. 95-056, amending Resolution No. 95-050, to correct clerical errors in the Fee Schedule; 10) signature of Partition Plat MP -94-23, creating two new 10 -acre parcels in the MUA-10 Zone for Howard Nicholson; 11) signature of Liquor License for Wickiup Junction; 12) signature of subdivision plat for West Bend Village, Phase I, in the City of Bend; and 13) signature of subdivision plat for Elkhorn Estates, Phases 1, 2 & 3, in the City of Bend. SCHLANGEN: I will move approval of consent agenda 1-13. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES KEYF' ED JUL 1995 0147-0378 2. SIGNATURE OF RESOLUTION NO. 95-051, INITIATING THE VACATION OF THE ALLEY IN BLOCK 26 IN THE PLAT OF LAIDLAW, AND SIGNATURE OF ORDER NO. 95-064, ACCEPTING THE ENGINEER'S REPORT AND SETTING A DATE FOR A PUBLIC HEARING Tom Blust reported this was to vacate an alley. He stated the reason for it being removed from the consent agenda was that there was a utility easement in the legal description which needed to be removed. This item will be placed on the agenda when the legal description has been revised. 3. PUBLIC HEARING ON ORDINANCE NO. 95-025, AMENDING CHAPTER 18.16 OF THE DESCHUTES COUNTY CODE, PROVIDING FOR CERTAIN ROADS, HIGHWAYS & OTHER TRANSPORTATION FACILITIES AND IMPROVEMENTS IN THE EXCLUSIVE FARM USE ZONE Before the Board was a public hearing on Ordinance No. 95-025, amending Chapter 18.16 of the Deschutes County Code, providing for certain roads, highways and other transportation facilities and improvements in the exclusive farm use zone. Kevin Harrison reported this was an ordinance that amends the EFU zone section of the county ordinance. This provision was consistent with state statute. Chair Slaughter opened the public hearing. There being no testimony, the public hearing was closed. SCHLANGEN: I move first and second reading, by title only, of Ordinance No. 95-025. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-025, by title only. SCHLANGEN: I move adoption. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 2 MAY 3, 1995 4. 5. 0147-00`79 SIGNATURE OF ORDINANCE NO. 95-037, AMENDING CHAPTER 13.08 OF THE DESCHUTES COUNTY CODE, RELATING TO ON-SITE SEWAGE DISPOSAL Before the Board was signature of Ordinance No. 95-037, amending Chapter 13.08 of the Deschutes County Code, relating to on-site sewage disposal. Rick Isham reported that this adopted the new state regulations relating to on-site sewage disposal. It brings our ordinance up to the state standards. SCHLANGEN: I will move first and second reading, by title only, of Ordinance No. 95-037. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-037, by title only. SCHLANGEN: I move adoption. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF CONDITIONS OF APPROVAL AGREEMENT FOR GRACE COMMUNITY CHURCH FOR A NEW CHURCH ON HAMBY ROAD Before the Board was signature of Conditions of Approval Agreement for Grace Community Church for a new church on Hamby Road. Commissioner Schlangen reported these were conditions of agreement which were standard conditions. SCHLANGEN: I move signature. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 3 MAY 3, 1995 6. VA 014'7-C 80 SIGNATURE OF RESOLUTION NO. 95-053, PROCLAIMING MAY 3, 1995, AS CRATER LAKE COUNCIL OF THE BOY SCOUTS OF AMERICA APPRECIATION DAY IN DESCHUTES COUNTY Before the Board was signature of Resolution No. 95-053, proclaiming May 3, 1995, as Crater Lake Council of the Boy Scouts of America appreciation day in Deschutes County. NIPPER: I move signature of Resolution No. 95-053, proclaiming May 3, 1995, as Crater Lake Council of the Boy Scouts of America Appreciation Day in Deschutes County. SCHLANGEN: I second that motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES CONSIDERATION OF RECYCLING CONTRACT Before the Board was consideration of the Recycling Contract. SCHLANGEN: I would like to move approval of transfer of license to Conservation of Central Oregon, Inc. with 5 listed conditions: 1) description of land required; 2) change of name; 3) processing all of the state mandated recyclables; 4) the environmental clause; and 5) the insurance clause, by the 1st of June, including state and local mandated materials. NIPPER: I'll second that. Andy Crosby recommended that paragraph 6 of the proposed license transfer agreement be deleted before the Board signs it. Terry O'Sullivan, Bend Garbage Company, stated it was not being read correctly. He stated this gave Bend Garbage the first right of refusal in the event of sale, transfer or other disposition by Bend Recycling Team. Andy Crosby still felt it could be a problem in the future. Terry O'Sullivan explained the process he felt should happen. Rick Isham felt the Board should approve subject to the final document being developed and approved by all parties. MINUTES PAGE 4 MAY 3, 1995 10. 01 4 4 ""'ij C 81 Terry O'Sullivan stated Bend Garbage they would like to know if they should just quit or would this thing be approved so they could get started. Wynn Francis requested the Board to make a decision today as they needed time to get things in order before July 1, 1995. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF RESOLUTION NO. 95-063, TRANSFERRING APPROPRIATIONS WITHIN THE 1994/95 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 95-063, transferring appropriations within the 1994/95 Deschutes County Budget. SCHLANGEN: I move signature of Resolution No. 95-063. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF ORDER NO. 95-078, TRANSFERRING CASH WITHIN THE 1994/95 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 95-078, transferring cash within the 1994/95 Deschutes County Budget. NIPPER: I move signature. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF ORDERS NO. 95-069 AND 95-070, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 95-069 and 95- 070, authorizing the refund of taxes. SCHLANGEN: I move signature. NIPPER: Second. MINUTES PAGE 5 MAY 3, 1995 014 7—CuV2 VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers. NIPPER: I move approval of the weekly accounts payable subject to review. SCHLANGEN: Second VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 12. SIGNATURE OF ORDER NO. 95-084, ESTABLISHING THE RETIREMENT RESERVE FUND AND ORDERING INVESTMENTS Before the Board was signature of Order No. 95-084, establishing the Retirement Reserve Fund and ordering investments. SCHLANGEN: I move of Order No. 95-084, subject to review. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES DATED this -3 day of , 1995, by the Board of Commissioners of Deschutes Cou ty, Oregon. Barry H. Slaughter, Chairman ATTEST: (QA 4Y Recording Secretary #ancy pt 'S7 langen, Commis ones 1 e Ro rt L. Nipper, C mmissioner MINUTES PAGE 6 MAY 3, 1995