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1995-29731-Minutes for Meeting June 14,1995 Recorded 8/22/1995N 955-29731 0147-1119 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS ,Edo: Wednesday, June 14, 1995 Chair Slaughter called the meeting to order at 10:02 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; Mike Maier, County Administrator, Susan Mayea, Support Services Manager; Ralph Delamarter, Librarian; Cal Krosch, 9-1-1 Director; Bruce White, Assistant County Counsel; Catherine Morrow, Planner; Brad Mulvihill, Juvenile Program Manager; Scott Johnson, Commission on Children & Families; Sue Stoneman, Community Relations Specialist; Brian Harrington, Planner; George Read, Community Development Director; Andy Crosby, Assistant County Counsel; Dave Leslie, Planner; Dennis Maloney, Community Corrections Directors; and Greg Brown; Sheriff's Department. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION SERVICE DISTRICT 1. BUDGET HEARING: ON 4-H/EXTENSION SERVICE DISTRICT 1995/96 BUDGET Before the governing body of the 4-H/Extension Service District was a budget hearing on the 4-H/Extension Service District 1995/96 Budget. Chair Slaughter opened the budget hearing on 4-H/Extension Service District 1995/96 Budget. Susan Mayea reviewed the proposed changes in the service districts budget with the Board. There being no further testimony, the budget hearing was closed. Mike Maier reported the budgets will be ready for adoption at the June 21, 1995, meeting. CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. BUDGET HEARING: ON 9-1-1 COUNTY SERVICE DISTRICT 1995/96 BUDGET Before the Board was a budget hearing on 9-1-1 County Service District 1995/96 Budget. Susan Mayea reviewed the 9-1-1 County Service District budget. Chair Slaughter opened the public hearing. KEY ��u, AUE 2.41995 014'7-1120 There being no testimony, the public hearing was closed. Adoption will be scheduled on the agenda for June 21, 1995. CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 3. BUDGET HEARING: ON REDMOND LIBRARY COUNTY SERVICE DISTRICT 1995/96 BUDGET Before the Board was a budget hearing on Redmond Library County Service District 1995/96 Budget. Chair Slaughter opened the public hearing. There being no testimony, the public hearing was closed. The adoption of this budget will be scheduled for June 21, 1995. CONVENE AS GOVERNING BODY OF BLACK BUTTE RANCH SERVICE DISTRICT 4. BUDGET HEARING: ON BLACK BUTTE RANCH SERVICE DISTRICT 1995/96 BUDGET Before the Board was a budget hearing on Black Butte Ranch Service District 1995/96 Budget. Chair Slaughter opened the public hearing. There being no public testimony, the public hearing was closed. Adoption was scheduled for June 21, 1995. CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 5. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of 1995/97 Intergovernmental Agreement for Mental Health Developmental Disabilities Division; 2) signature of Contract with Bill Trotter, CPA, for Medicare cost reporting; 3) signature of renewal Contract with KIDS Center; 4) signature of Personal Services Contract with Geoffrey Hyde, M.D.; 5) signature of Personal Services Contract with Elliot Morrison, M.D. and Marlene Morrison for 1995/96; 6) approval of request by Thomas Porter to withdraw bid for parcel #11; 7) renewal of Grazing Lease for Jay Moberly; 8) renewal of Grazing Lease for Bradley and Lisa Gardner; 9) renewal of Grazing Lease for William and Felicia Pledger; 10) Renewal of Grazing Lease for Lane Thomas; 13) renewal of Grazing Lease for Les May; 11) signature of Personal Services Contract with First American Title Company; 12) approval of Special Transportation Grant Application and Community Transportation Grant Application; 13) signature of Mylar for West Bend Village, Phase 2; 14) signature of MINUTES PAGE 2 JUNE 14, 1995 6. 7. 014'7-1121 Resolution No. 95-076, Declaring Intent to Transfer Property to the Bend Area Habitat for Humanity; and 15) signature of Resolution No. 95-077, declaring the intent to transfer real property to Newberry Habitat for Humanity. NIPPER: I move approval of the consent agenda items deleting items 10, 11 and 20. SCHLANGEN: Second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF RESOLUTION NO. 95-078, APPOINTING A HOSPITAL DISTRICT AUTHORITY BOARD Before the Board was signature of Resolution No. 95-078, appointing a Hospital District Authority Board. SCHLANGEN: I move signature of Resolution No. 95-078. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES BUDGET HEARING: ON DESCHUTES COUNTY 1995/96 BUDGET Before the Board was a budget hearing on the Deschutes County 1995/96 Budget. Susan Mayea reviewed the changes in the budget with the Board of County Commissioners. Chair Slaughter opened the budget hearing. David Haynes, Chief of Police for Sisters, testified. He discussed the number of juvenile issues occurring in Sisters. He expressed concern regarding the number of juvenile problems and the need for an additional funding for personnel to deal with these issues. He requested funding from the County to increase the juvenile counselor hours in Sisters to 20 hours per week. Ruth Wahl discussed the youth diversion program. She felt there was a need for this position in La Pine to be brought up to half time rather than 12 hours per week. MINUTES PAGE 3 JUNE 14, 1995 a 014'7-1122 Dave Leslie, speaking as a representative employee of AFSCME, requested the COLA for represented employees be increased from 2.5% to a higher percentage in a fair and equitable amount. There being no further testimony, the public hearing was closed. The Deschutes County Budget will be ready for adoption on June 21, 1995. PUBLIC HEARING: ON ORDINANCE NO. 95-038, TEXT AMENDMENT 95-5 TO ADD A POLICY TO THE COMPREHENSIVE PLAN TO ENCOURAGE FORMATION OF NONPROFIT LAND TRUSTS Before the Board was a public hearing on Ordinance No. 95-038, text amendment 95-5, to add a policy to the Comprehensive Plan to encourage formation of nonprofit land trusts. Catherine Morrow reviewed the proposed ordinance with the Board of Commissioners. The ordinance will be ready for signature June 21, 1995. Chair Slaughter opened the public hearing. There being no public hearing, the public hearing was closed. NIPPER: I move we withdraw this ordinance from the agenda for today. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES APPEAL OF HEARINGS OFFICER'S DECISION OF APPROVAL OF A CONDITIONAL USE PERMIT FOR A NONFARM DWELLING FOR DONALD MADSEN Before the Board was an appeal of Hearings Officer's decision of approval of a Conditional Use Permit for a nonfarm dwelling for Donald Madsen. Brian Harrington reported the appellant had been given another copy of the tape and a perfected appeal was in the file. Brian stated this was a procedural question raised by the appellant. NIPPER: I move that we set this appeal of the Hearings Officer's decision for hearing by this Board and signature of an order subject to review. MINUTES PAGE 4 JUNE 14, 1995 0147m-1123 Bruce White stated that if the Board wishes to do this they need to include the signature of an order subject to review to hear this issue. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 10. SIGNATURE OF ORDINANCE NO. 95-047, AMENDING SECTION 13.24.060 AND ADOPTING A NEW CHAPTER 13.20 Andy Crosby reported there was one change in Section 13.20.040. Terry O'Sullivan stated he had not seen the proposed ordinance and he had not received a copy of it. He objected to section 4 of the ordinance as he felt it undoes all the work they have done over the last year. He stated section 4 was unacceptable and the manner in which it was presented was unacceptable. This ordinance had been negotiated since May 5, 1995, which was when the first draft was presented. He stated County Counsel had his phone number, fax number and address but he had not seen the language included in section 4. Martin Hansen expressed concern regarding handling issues in this manner and he had not seen a copy of the proposed ordinance. Andy Crosby stated he did not feel that this section would be a surprise to anyone. Commissioner Nipper felt this was a different ordinance than they had discussed previously. Andy Crosby stated that the Board had complete discretion to leave that section out of the ordinance. NIPPER: I move first and second reading of Ordinance No. 95-047, by title only, with the removal of section 4. This motion died for a lack of a second. Chair Slaughter suggested that this ordinance go back to the drawing board. Commissioner Nipper stated that he felt they had agreement before and language that everyone agreed to. He felt the proposed ordinance was significantly different than what was agreed to. MINUTES PAGE 5 JUNE 14, 1995 014'7-1124 Commissioner Schlangen stated she felt it reflect what was agreed to by the parties. Bruce Bailey testified that postponing this issue will cause operational problems. He encouraged the Board to move forward. NIPPER: I move first and second reading of Ordinance No. 95-047 with the removal of section 4, by title only. SLAUGHTER: I will second that. VOTE: SLAUGHTER: YES SCHLANGEN: NO NIPPER: YES Rick Isham explained the ordinance would have to be read in full due to the fact that the vote was not unanimous. Commissioner Schlangen requested to be excused from the meeting at this point in time. SLAUGHTER: I move first and second reading of Ordinance No. 95-47, by title only, with the deletion of Section 4. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: NOT PRESENT NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-047, by title only. NIPPER: I move adoption. SLAUGHTER: I second that. VOTE: SLAUGHTER: YES SCHLANGEN: NOT PRESENT NIPPER: YES Commissioner Schlangen rejoined the meeting. 11. SIGNATURE OF CONSENT TO TRANSFER RECYCLING LICENSE FROM BEND GARBAGE TO BEND RECYCLING TEAM Before the Board was signature of consent to transfer recycling license from Bend Garbage to Bend Recycling Team. MINUTES PAGE 6 JUNE 14, 1995 12. 13. NIPPER: I move signature recycling license Recycling Team. SCHLANGEN: Second the motion. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 0147-1125 of consent to transfer from Bend Garbage to Bend APPROVAL OF VIDEO LOTTERY GRANT FOR SUPPORT OUR SENIORS PROGRAM Before the Board was approval of Video Lottery Grant for Support our Seniors Program. Susan Mayea reported this was a $12,000 grant that Commission on Children and Families was requesting. This was part of their community service plan. The $12,000 amount will help fund a coordinator position and help purchase supplies and materials for the Save our Seniors Program. Scott Johnson provided written backup information on this issue. Esther Reed of La Pine testified in support of the approval of this grant. Mike Maier asked questions regarding the budget and business plan. NIPPER: I move approval of video lottery grant monies for Support our Seniors Program in Deschutes County in the amount of $12,000. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF ORDINANCE NO. 95-049 AND RESOLUTION NO. 95-066, REGARDING BEND URBAN AREA SYSTEM DEVELOPMENT CHARGES Before the Board was signature of Ordinance No. 95-049 and Resolution No. 95-066, regarding Bend Urban Area System Development Charges. George Read reviewed the process that was covered regarding System Development Charges. The resolution adopts the methodology and sets the amount. MINUTES PAGE 7 JUNE 14, 1995 Oi4 7-1126 Commissioner Schlangen expressed concern with the difference in rates for the different types of buildings. Wayne Purcell testified in opposition of the ordinance as he felt it needed to be cleaned up and revised. Daniel Collins testified in support of the system development charges. SCHLANGEN: I move first and second reading by title only of Ordinance No. 95-049. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-049, by title only. SCHLANGEN: I move adoption. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SCHLANGEN: I move signature of Resolution No. 95-066. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 14. SIGNATURE OF ORDER NO. 95-092, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 95-092, authorizing the refund of taxes. SCHLANGEN: I move signature of Order No. 95-092, authorizing refunds. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 8 JUNE 14, 1995 0147-1127 15. SIGNATURE OF FINAL PLAT FOR PHASES V AND VI OF WISHING WELL SUBDIVISION Before the Board was signature of a final plat for Phase V and VI of Wishing Well Subdivision. SCHLANGEN: I move signature of final plat. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 16. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $425,174.86. SCHLANGEN: I move approval subject to review. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES DATED this /4- day of , 1995, by the Board of Commissioners of Des chut s County, Oregon. Ba H. Slaughter, Chairman Nancy ?oFe 5 hlangen, Commi loner ATT T: Recording Secret ry MINUTES PAGE 9 JUNE 14, 1995 L. Nipper, Commissioner