1995-36879-Minutes for Meeting September 20,1995 Recorded 10/20/19959S-368'79
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONER
Wednesday, September 20, 1995
31 23 A I 1 Q= 37
Chair Barry Slaughter called the meeting to order at
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; Ralph
Delamarter, Librarian; Frank Moore, Mental Health Director; Kevin
Harrison, Planner; Tom Blust, County Engineer; Paul Blikstad,
Planner; Sue Stoneman, Community Relations Specialist; Andy Crosby,
Assistant County Counsel; Sue Brewster, Assistant County Counsel;
and Bruce White, Assistant County Counsel.
CONVENE AS THE GOVERNING BODY OF THE REDMOND LIBRARY COUNTY
SERVICE DISTRICT
Nil of 10 ITZ700-M., 14 IM -.4 MOUNT
Before the Board was consideration of bids for the remodeling
of Jessee Hill School, signature of a certified letter and
Resolution No. 95-126, rejecting the bid of Danco Builders for
the Redmond Library.
Rick Isham stated there was a certified letter and a
resolution before the Board. There were two bids received.
The apparent low bid was received from a company that was not
registered to do business in the State of Oregon and was not
registered with the Construction Contractor's Board. Rick
stated the Board was required to rejected any bid submitted by
a company not registered in the State of Oregon. There were
blanks in the bid, there were unit prices that were not bid
and an alternative was bid as "no bid" which was not
permissible. Rick stated that if the apparent low bidder was
unhappy with the Board's determination, they have the right
for a public hearing. They must make the request for a public
hearing within three business days of the receipt of the
Board's determination. Rick recommends rejection of the low
bidder because of these issues.
Rick further stated that the rejection of the low bidder does
not mean the Board is accepting the other bid. The other bid
will be independently evaluated.
MINUTES -1- SEPTEMBER 20, 1995
KEYV , ,-, iED
p 31995
2.
3.
0148- OV3170
SCHLANGEN: I would like to make a motion to reject the
low bidder as they were not responsive and
move signature of the Resolution No. 95-126.
NIPPER: I'll second that.
VOTE: SLAUGHTER: YES
SCHLANGEN: YES
NIPPER: YES
CONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
Consent agenda items before the Board were: 1) signature
1995-97 Dispute Resolution Program Grant Agreement; 2)
approval of extension of the Youth Investment Contract with J
Bar J Youth Services; 3) signature of Financial Segregation
Agreement for Linda Foster; 4) signature of Conservation
Agreement for John Norris and Diane Heinzelman for a garage on
the Little Deschutes River; and 6) signature of Final Plat for
MP -94-36, a partition to divide a 40 -acre parcel into two
parcels in an EFU-TRB Zone.
NIPPER: I will move approval of agenda items 2-6.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF RESOLUTION NO, 95-117, DECLARING OCTOBER, 1995,
AS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH
Before the Board was signature of Resolution No. 95-117,
declaring October, 1995, as National Disability Employment
Awareness Month.
Frank Moore requested the Board to declare October as National
Disability Employment Awareness Month. There will be a
disability fair at the Mt. View Mall on October 6 & 7, 1995.
Linda Stephens and Jackie Shepard invited the Board
participated in the "Disability for a Day" program to be held
on October 5, 1995.
SCHLANGEN: I would like to make a motion that we sign
that resolution.
MINUTES -2- SEPTEMBER 20, 1995
4.
5.
0148-06
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DUCK DELIVERY PRODUCE ON USE VARIANCE
Before the Board was the decision as to whether the Board
should hear Appeal A-95-17 by Duck Delivery Produce on a use
variance.
SCHLANGEN: I will move that we sign Order No. 95-143,
which is denying the review of the Hearings
Officers decision.
NIPPER: I'll second it.
Commissioner Nipper stated that one person was paying
competitive price for commercial use land and another one was
using RR -10 land for their business, which was not fair to
anyone. After much thought, he felt he would have to uphold
what the Hearings Officers decision.
Commissioner Slaughter felt that it was not necessary to
hear this issue again.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF MYLAR FOR CASCADE VIEW ESTATES, PHASE 3
Before the Board was signature of a mylar for Cascade View
Estates, Phase 3.
SCHLANGEN:
NIPPER:
VOTE:
I will move signature of mylar for Cascade
View Estates, Phase 3.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES -3- SEPTEMBER 20, 1995
01 48~-0 s
6.
SIGNATURE
OF MYLAR FOR RIVER RIDGE ONE OF MT. BACHELOR
VILLAGE, STAGE G
Before the
Board was signature of a mylar for River Ridge One
of Mt. Bachelor Village, Stage G.
SCHLANGEN:
I move signature of mylar.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
7.
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the
Board was approval of the weekly accounts payable
vouchers in the amount of $550,662.37.
NIPPER:
I move approval subject to review.
SCHLANGEN:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
8.
SIGNATURE OF
FINAL PLAT FOR POWDER VILLAGE CONDOMINIUMS
Before the
Board was signature of a final plat for Powder
Village Condominiums.
SCHLANGEN:
I move signature of plat.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
9.
SIGNATURE OF
LIQUOR LICENSE FOR HOMESTEAD TAVERN
Before the
Board was signature of a Liquor License for
Homestead Tavern.
NIPPER:
I move signature.
SCHLANGEN:
Second.
MINUTES -4-
SEPTEMBER 20, 1995
0148-01) i 9
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
10. SIGNATURE OF ORDER NO, 95-142, AUTHORIZING TEMPORARY CLOSURE
OF THE BRIDGE ON MCKENZIE CANYON ROAD AND THE EXPENDITURE OF
PUBLIC FUNDS FOR REPAIR
Before the Board was signature of Order No. 95-142,
authorizing the temporary closure of the bridge on McKenzie
Canyon Road and the expenditure of public funds for repair.
Tom Blust reported there was a bridge on McKenzie Canyon Road.
The road was not a county maintained road but it was a road
that was in general use by the public. The bridge decking
needs to be replaced and could cost about $2,000.
Mike Maier asked if the county would be liable if there would
be an accident on this bridge. Mike asked if we leave it
alone, we wouldn't be liable but if we fix it, would the
county be liable.
Rick Isham stated that as long as it was a single project we
would not be liable either way.
SCHLANGEN: I move signature of Order No. 95-142,
authorizing temporary closure of the bridge on
McKenzie Canyon Road and the expenditure of
public fund for repair.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
11. VOLUNTARY REMAND OF KNAPP PARTITION DECISION
Before the Board was the discussion of a voluntary remand of
the Knapp partition decision.
Bruce White proposed that the Board agree to a voluntary
remand of its decision which retracts the previous approval
and go forward with a substitute decision.
Bruce stated on page 8 two paragraphs had been removed and
replaced with one paragraph. The end of page 9, 10, 11 and
part of page 12 had been deleted and replaced with a single
paragraph.
MINUTES -5- SEPTEMBER 20, 1995
0148-0380
Jim Massey, attorney for Jim Knapp, stated it was very
important to his client that this matter get resolved and put
to rest. Muret Pajutee and James Knapp have talked. Jim
Massey stated he prepared the decision for the Board but it
was rewritten by the county counsel. The county felt this was
a policy decision. He stated his client and Ms. Pajutee have
reached agreement but the county has not accepted that. He
felt the issue was whether or not the land would go into a
land trust. He stated they believe there were two ways to
resolve this issue. If the procedure outline was followed,
there would be another appeal. He felt one way to get this
done would be under a statute 197.860 which gives LUBA the
authority to remand. One option was to get the county
approval of this decision in substance and have the decision
remanded from LUBA. The other option was to do the voluntary
remand. The two ways to get this done was through LUBA or
voluntary remand. If this issue does not get done now, there
would be another notice and another hearing.
Jim Massey felt there was a variation to that.
Jim Massey felt Ms. Pajutee could withdraw her appeal and
avoid the issue of remand all together.
Bruce White felt the permit could be relinquished by Mr.
Knapp, but without a new permit that could not be replaced.
The opponent could withdraw her appeal which would allow the
Boards decision to be final.
Jim Massey felt it was better for the parties to reach firm
agreement.
The Board was requested to reconvene this afternoon.
Commissioner Nipper requested the meeting reconvene at
2:30p.m. this afternoon.
NIPPER: I move that we ask for a LUBA remand of the
Knapp partition decision pursuant to ORS
197.860 as amended by Bruce White.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Slaughter recessed the meeting to 2:30p.m. today.
MINUTES -6- SEPTEMBER 20, 1995
0148-0tr)'81
Chair Slaughter reconvened the meeting at 3:02 p.m.
There being no action necessary, the meeting was adjourned.
DATED this r?6 day of 1995, by the Board of
Commissioners of Deschutes/County, Oregon.
20 9-" 44
Barry H. Slaughte , Chairman
ATTEST:
rzi6cor'ding Secr tary
Nancy PopelSch�angen, Commissioner
zi "!7p-
di"', �'
Robeft L. Nipper, Co#Assioner
MINUTES -7- SEPTEMBER 20, 1995