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1995-29734-Minutes for Meeting June 28,1995 Recorded 8/22/199595-29734 0141-1142 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, June 28, 1995 _ Fe -Y. . Chair Barry Slaughter called the meeting to order at 10:'00' a.�n� Board of County Commissioners in attendance were Barry H. Slaughter, Nancy Pope Schlangen, and Robert L. Nipper. Also present were Rick Isham, County Counsel; Brad Chalfant, Assistant County Counsel; Susan Mayea, Support Services Manager; Kevin Harrison, Planner; Paul Blikstad, Planner; Kathy Drew, Mental Health; Al Driver, Solid Waste Director; Larry Rice, Public Works Director; Julie Dotson, Mental Health; Frank Moore, Mental Health Director; Ralph Delamarter, Librarian; Ruth Jenkin, Library; Diana Pickett, Health Department; Mike Maier, County Administrator; Sue Stoneman, Community Relations Specialist; Gary Giersdorf, Corrections Director; George Read, Community Development Director; and Brian Harrington, Planner. CONVENE AS THE GOVERNING BODY OF THE BEND LIBRARY COUNTY SERVICE DISTRICT 1. SIGNATURE OF RESOLUTION NO. 95-102 SETTING HEARING ON THE BEND LIBRARY COUNTY SERVICE DISTRICT BOND MEASURE Before the Board was signature of Resolution No. 95-102, setting a public hearing on the Bend Library County Service District bond measure. SCHLANGEN: I move signature of Resolution No. 95-102 NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 2. PUBLIC HEARING: ON THE BEND LIBRARY COUNTY SERVICE DISTRICT arrnnL+m TA7T1 QTt'-WAMTMV nP UT.1CnT_T7PTn?J Mr) or%-nqg _ AnnPTTMr- RRMn Before the Board was a public hearing on the Bend Library County Service District Budget and signature of Resolution No. 95-096, adopting Bend Library County Service District budget for fiscal year 1995/96. Susan Mayea reported the total budget for the Bend Library County Service District was $8,245,000 of which $320,000 was the debt service on the bond redemption. Chair Slaughter opened the public hearing. There being no public testimony, the public hearing was closed. SCHLANGEN: I move signature of Resolution No. 95-096. 193` 4/ 014'7-1143 NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 3. SIGNATURE OF RESOLUTION NO. 95-097, MAKING APPROPRI_ATIONS TO BEND LIBRARY COUNTY SERVICE DISTRICT BUDGET FOR FISCAL YEAR 1995/96 Before the Board was signature of Resolution No. 95-097, making appropriations to Bend Library County Service District budget for fiscal year 1995/96. SCHLANGEN: I move signature of Resolution No. 95-097. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY SERVICE DISTRICT 4. SIGNATURE OF RESOLUTION NO. 95-103, FOR SALE OF REDMOND LIBRARY COUNTY SERVICE DISTRICT BONDS Before the Board was signature of Resolution No. 95-103, for sale of Redmond Library County Service District bonds. Rick Isham reported this was the resolution authorizing the sale of the Redmond Library bonds which were approved last March. SCHLANGEN: I would move signature of Resolution No. 95- 103, for sale of Redmond Library County Service District Bonds. NIPPER: VOTE: I'll second it. SLAUGHTER: SCHLANGEN: NIPPER: MINUTES PAGE 2 JUNE 28, 1995 YES YES YES 5. 014'7-1144 CONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING: ON ZONE CHANGE FROM UAR-10 TO CH, HIGHWAY COMMERCIAL FOR 20.31 ACRES NEAR ROBAL LANE AND SIGNATURE OF ORDINANCE NO. 95-048 Before the Board was a public hearing on a zone change from UAR-10 to CH, Highway Commercial for 20.31 acres near Robal Lane and signature of Ordinance No. 95-048. Paul Blikstad reported this was 20.31 acres located north of the Mt. View Mall. The hearing before the hearings officer was held June 3, 1995. This property was highway commercial on the Bend area plan. Chair Slaughter opened the public hearing. There being no testimony, the public hearing was closed. SCHLANGEN: I'll move first and second reading of Ordinance No. 95-048, 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. 95-048, by title only. SCHLANGEN: NIPPER: VOTE: I move adoption. Second. SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 6. i SIGNATURE OF RESOLUTION NO. 95-072, DESCHUTES COUNTY MAJOR ROADS CAPITAL IMPROVEMENT PROGRAM, POLICY FOR PUBLIC WORKS SERVICES AND THE ANNUAL SERVICE PROGRAM Larry Rice reported the Capital Improvement Program was to signify Public Work's estimate of monies and where it will be going in the next five years. Chair Slaughter reported he had received several phone calls and letters from people opposing this. Chair Slaughter felt it was best to postpone this issue for a week. MINUTES PAGE 3 JUNE 28, 1995 014'7-1145 Mike Maier stated this issue needed to be resolved before the new budget year starts on July 1, 1995. He stated there was a Board Meeting scheduled for Friday, June 30, 1995, at 3 p.m. SLAUGHTER: I move we table this item until Friday, June 30. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: NO NIPPER: YES 7. APPROVAL OF PERSONAL SERVICES CONTRACT WITH MID -OREGON LABOR CONTRACTORS, INC. Before the Board was approval of Personal Services Contract with Mid -Oregon Labor Contractors, Inc. Al Driver reported this was a personal services contract for providing personnel for equipment operators. SCHLANGEN: I move approval of Personal Services Contract with Mid -Oregon Labor Contractors, Inc. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 8. SIGNATURE OF SWANSON INMATE COMMISSARY SERVICES, INC. OVERNIGHT COMMISSARY SERVICE AGREEMENT WITH THE DESCHUTES COUNTY CRIMINAL JUSTICE FACILITY Before the Board was signature of Swanson Inmate Commissary Services, Inc. Overnight Commissary Service Agreement with the Deschutes County Criminal Justice Facility. Ruth Jenkin reported this company provides commissary services for the inmates. This was a two year contract. NIPPER: I move signature of the contract. SCHLANGEN: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 4 JUNE 28, 1995 a 0147-1146 Signature of contract for food service for Service America for the jail. Ruth Jenkins reported the increase was 3.4%. The average inmate meal cost $1.90. SCHLANGEN: I move signature of contract renewal with Service America. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES SIGNATURE OF AMENDMENT TO PERSONAL SERVICES CONTRACT WITH CENTRAL OREGON COMMUNITY COLLEGE Before the Board was signature of an amendment to the Personal Services Contract with Central Oregon Community College. Diana Pickett reported this was an amendment for Ready, Set, Go. SCHLANGEN: I move signature of amendment to personal services contract. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 10. SIGNATURE OF RENEWAL CONTRACT WITH ADULT & FAMILY SERVICES Before the Board was signature of a renewal contract with Adult & Family Services. Julie Dotson reported this contract was to provide an education program for people in the JOBS program. SCHLANGEN: I move signature of renewal contract with Adult & Family Services. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 5 JUNE 28, 1995 0147-114"1 11. SIGNATURE OF CONTRACT BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY HUMAN SERVICES DEPARTMENT FOR JOBS ALCOHOL & DRUG SERVICES SIGNATURE OF CONTRACT BETWEEN DESCHUTES COUNTY AND CENTRAL OREGON RESOURCES FOR INDEPENDENT LIVING (CORIL), AND SIGNATURE OF CONTRACT BETWEEN DESCHUTES COUNTY AND OPPORTUNITY FOUNDATION OF CENTRAL OREGON Before the Board was signature of a contract between the State of Oregon and Deschutes County Human Services Department for JOBS alcohol and drug services, signature of contract between Deschutes County and Central Oregon Resources for Independent Living (CORIL), and signature of contract between Deschutes County and Opportunity Foundation of Central Oregon. SCHLANGEN: I move approval of Frank Moore signing any Human Services contracts between now and the end of the fiscal year. NIPPER: I'll second that. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 12. REAPPOINTMENT OF MARGARET QUEARY AND BETH PEARL TO THE DESCHUTES COUNTY LIBRARY BOARD Before the Board was reappointment of Margaret Queary and Beth Pearl to the Deschutes County Library Board. NIPPER: I move reappoint of Margaret Queary and Beth Pearl to the Deschutes County Library Board. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 13. SIGNATURE OF GRAZING LEASE RENEWAL FOR JAMES GREGG Before the Board was signature of Grazing Lease renewal for James Gregg. SCHLANGEN: I move signature. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 6 JUNE 28, 1995 014'7-1148 14. SIGNATURE OF GRAZING LEASE RENEWAL FOR ROCK SPRINGS GUEST RANCH Before the Board was signature of a Grazing Lease for Rock Springs Guest Ranch. SCHLANGEN: I move signature of Grazing Lease with Rock Springs Guest Ranch. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 15. SIGNATURE OF ORDER NO. 95-090, TRANSFERRING BALANCE OF 09 FUND TO 08 FUND AND CLOSING FUND 09 Before the Board was signature of Order No. 95-090, transferring the balance of the 09 Fund to the 08 Fund and Closing Fund 09. Susan reported this closes the recycling fund. SCHLANGEN: I move signature of Order No. 95-090. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 16. SIGNATURE OF EQUIPMENT LEASE WITH ACCESS EXPRESS Before the Board was signature of an equipment lease with Access Express. SCHLANGEN: I move signature of lease. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 17. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH CHILDREN'S SERVICES DIVISION Before the Board was signature of an Intergovernmental Agreement with Children's Services Division. MINUTES PAGE 7 JUNE 28, 1995 014'7-1149 SCHLANGEN: I move signature of Intergovernmental Agreement. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 18. SIGNATURE OF AGREEMENT BETWEEN DESCHUTES COUNTY AND CENTRAL & EASTERN OREGON JUVENILE JUSTICE CONSORTIUM FOR OPERATION OF A SECURE SEX OFFENDER TREATMENT PROGRAM Brad Mulvihill reported this was a renewal contract. SCHLANGEN: I move signature of contract with Central & Eastern Oregon Juvenile Justice Consortium. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 19. SIGNATURE OF ORDER NO. 95-107, APPOINTING PAT BRICKEY AS ALTERNATE RECORDING SECRETARY Before the Board was signature of Order No. 95-107, appointing Pat Brickey as alternate Recording Secretary. NIPPER: I move signature. SCHLANGEN: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 20. SIGNATURE OF FINAL PLAT FOR MP -93-12 FOR BRUCE & GLORIA LIGHTHART Before the Board was signature of a final plat for MP -93-12 for Bruce & Gloria Lighthart. SCHLANGEN: I move signature of plat. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 8 JUNE 28, 1995 014'7-1150 21. SIGNATURE OF PLAT FOR MP -93-24 FOR NEIL CHASE, CREATING THREE 10 -ACRE PARCELS Before the Board was signature of plat for MP -93-24 for Neil Chase, creating three 10 -acre parcels. SCHLANGEN: I move signature of plat. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 22. SIGNATURE OF FINAL PLAT FOR PHASE II -B OF BROKEN TOP Before the Board was signature of a final plat for Phase II -B of Broken Top. SCHLANGEN: I move signature of Final Plat for Phase II -B. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 23. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $500,529,84. SCHLANGEN: I move approval upon review. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 24. SIGNATURE OF ORDER NO. 95-073, CLOSING THE SHERIFF'S LAND SALE AUCTION Before the Board was signature of Order No. 95-073, closing the Sheriff's land sale auction. Brad reported this was a routine order closing the sale and directing that deeds be signed and funds be disbursed. SCHLANGEN: I move signature of Order No. 95-073. NIPPER: I'll second it. MINUTES PAGE 9 JUNE 28, 1995 0147-1151 VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 25. SIGNATURE OF LEASE WITH DEAN RINE FOR CORRECTIONS OFFICE SPACE Before the Board was signature of a lease with Dean Rine for office space for the Corrections Department. Brad reported this was a building across Hill Street. The lease was for Denny Maloney's office. SCHLANGEN: I move signature of lease. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 26. SIGNATURE OF ORDERS NO. 95-093 AND 95-094, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 95-093 and 95- 094, authorizing the refund of taxes. SCHLANGEN: I move signature of Orders No. 95-093 and 95- 094. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 27. SIGNATURE OF INDEMNITY AGREEMENT FOR CASCADE CYCLING CLASSIC TO BE HELD ON JULY 11-15, 1995 Before the Board was signature of an Indemnity Agreement for Cascade Cycling Classic to be held on July 11-15, 1995. SCHLANGEN: I move signature of Indemnity Agreement. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES MINUTES PAGE 10 JUNE 28, 1995 014'7-152 28. SIGNATURE OF RESOLUTION NO. 95-100, TRANSFERRING APPROPRIATIONS WITHIN 1994/95 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 95-100, transferring appropriations within the 1994/95 Deschutes County budget. Susan reported these were year end appropriation transfers. SCHLANGEN: I move signature of Resolution No. 95-100. NIPPER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 29. SIGNATURE OF MYLAR FOR AWBREY GLEN HOMESITES, PHASE 4 Before the Board was signature of a mylar for Awbrey Glen Homesites, Phase 4. SCHLANGEN: I move signature of mylar. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 30. SIGNATURE OF ORDER NO. 95-111, TRANSFERRING CASH WITHIN 1994/95 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 95-111, transferring cash within the 1994/95 Deschutes County budget. Susan Mayea reported this was a $50,000 transfer. SCHLANGEN: I move signature of Order No. 95-111. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 31. SIGNATURE OF ORDER NO. 95-112, CORRECTING ORDER NO. 95-105, TRANSFERRING CASH Susan Mayea reported this corrected a transfer that was a duplicate and this order removes that. MINUTES PAGE 11 JUNE 28, 1995 0147-1153 SCHLANGEN: I move signature of Order No. 95-112. SLAUGHTER: I'll second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: ABSTAINED 32. SIGNATURE OF FINAL PLAT FOR MP -94-3, A PARTITION TO DIVIDE A 3.15 -ACRE PARCEL INTO TWO PARCELS IN A LIMITED COMMERCIAL ZONE IN BEND Before the Board was signature of a final plat for MP -94-3, a partition to divide a 3.15 -acre parcel into two parcels in a limited commercial zone in Bend. SCHLANGEN: NIPPER: VOTE: I move signature. Second. SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 33. SIGNATURE OF PLAT FOR MP -94-30 FOR THE LOWS Before the Board was signature of a plat for MP -94-30 for the Lows. SCHLANGEN: I move signature of MP -94-30. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES The Board recessed and will continue this meeting to 1:30 p.m. today. The Board of County Commissioners reconvened at 1:36 p.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; Bruce White, Assistant County Counsel; and Anita Mutchie, Recording Secretary. 34. APPROVAL OF DRAFT AGREEMENT WITH THE HALLS Before the Board was authorization for Legal Counsel to complete the final the negotiations and prepare the draft agreement with David and Joanne Hall. MINUTES PAGE 12 JUNE 28, 1995 014'7-1154 SCHLANGEN: I move we authorize Legal Counsel to complete the final negotiations and prepare the draft agreement with David and Joanne Hall. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 35. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 95-045, AMENDING TITLE 22, DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE, TO CONFORM TO STATE LAW Before the Board was adoption of Ordinance No. 95-045, amending Title 22, Deschutes County Procedures Ordinance, Updating Title 22, to conform to State law and other amendments. Bruce White reviewed the ordinance with the Board. SCHLANGEN: I move first and second reading of Ordinance No. 95-045, by title only. NIPPER: I second it. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-045, by title only. SCHLANGEN: NIPPER: VOTE: I move adoption. Second. SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES 36. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 95-050, AMENDING TITLE 18 19 AND 20 OF THE DESCHUTES COUNTY CODE AND PL -17 FOR CONSISTENCY WITH TITLE 22 OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 95-050, amending Title 18, 19 and 20, of the Deschutes County Code and PL -17 for consistency with Title 22 of the Deschutes County Code. SCHLANGEN: I would like to move first and second reading of Ordinance No. 95-050, by title only. MINUTES PAGE 13 JUNE 28, 1995 NIPPER: I'll second it. 0147-1155 VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES Chair Slaughter performed the first and second reading of Ordinance No. 95-050, by title only. SCHLANGEN: I move adoption of Ordinance No. 95-050. NIPPER: Second. VOTE: SLAUGHTER: YES SCHLANGEN: YES NIPPER: YES DATED this o?oo day of-, 1995, by the Board of Commissioners of Deschut County, Oregon. 41� I/Ki Barry H. Slaughter,Xhairman Nancy P p S langen, CommiToner ATTEST: 11 2 Recording Secr ary Ro ert L. Nipper, Commissioner MINUTES PAGE 14 JUNE 28, 1995