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1995-41250-Minutes for Meeting October 18,1995 Recorded 11/28/199595-41250 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS ^tC x 09 Wednesday, October 18, 1995 iL UT - Chair £'Chair Barry Slaughter called the meeting to order at 10:OZ a n County Commissioners present were Barry H. Slaughter, Nancy Pope Schlangen, and Robert L. Nipper. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Brad Mulvihill, Juvenile Program Manager; Kathy Drew, Mental Health Department; Florence Torrigino, Health Department Director; Sue Stoneman, Community Relations Specialist; and Ralph Delamarter, Librarian. 1. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) award of contract for truck mounted asphalt distributor; 2) signature of Resolution No. 95-123, initiating the vacation of a public right-of-way, engineer's report, and signature of Order No. 95-136, accepting the engineer's report and setting a public hearing; 3) signature of agreement with Mountain View Mall for flu clinic space; 4) approval of out- of-state travel for Code Team to California for Lab School; 5) signature of Resolution No. 95-133, authorizing reimbursement bonds for the new Community Development building; and 6) signature of final partition plat for MP -95-15. NIPPER: I'll move approval of the consent agenda items 1-6. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 2. PRESENTATION OF AWARD TO CHILDREN'S FOUNDATION Commissioner Nancy Pope Schlangen presented the Pacific Nonprofit Network Annual Recognition Award to Sukey Waller, Director of the Children's Foundation. Sukey Waller reported there were 10 permanent programs on the campus. All of the programs coordinate with each other. She thanked the commissioners for the award. KEYPU ijE�' 95 MINUTES 1 OCTOBER 18, 1995 PACROFILMED NOV 2 19y: 4. 5. 0148-1010 Ira Allen reported that they were booking for the spring and summer events to be held at the Tower Theater. They were anticipating a full summer of youth activities in 1996. They were in the process of applying for two grants. They were requesting that the City of Bend purchase the theater. He reported the Rotary Club had offered to help install the heating system. DESCHUTES COUNTY ENDORSEMENT OF TEENS & COMPANY Before the Board was a request for Deschutes County to endorse Teens & Company. Florence Torrigino requested the Board endorse Teens & Company which was an adolescent theater company from Portland. This theater company was funded by Planned Parenthood. Commissioner Nipper felt he could not endorse this as it was funded by Planned Parenthood. SCHLANGEN: I will make a motion to endorse the Teens & Company by Deschutes County. SLAUGHTER: I second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: NO AUTHORIZATION FOR RALPH DELAMARTER TO SIGN AGREEMENT WITH TIM SERCOMBE Before the Board was approval of authorization for Ralph Delamarter to sign agreement with Tim Sercombe. Ralph Delamarter stated that this was a retainer letter for Tim Sercombe to take care of the legal services for the Bend Library construction process. The amount would have a limit of $10,000 for services. SCHLANGEN: I move authorization for Ralph Delamarter to sign an agreement with Tim Sercombe. NIPPER: I'll second it. MINUTES 2 OCTOBER 18, 1995 VOTE: SCHLANGEN: YES SLAUGHTER: YES 0148-1011 NIPPER: YES Before the Board was approval of out-of-state travel to attend a Juvenile Probation Officer Initiative called "Contemporary Challenges Forum." Brad Mulvihill reported the cost will be paid so there will be no cost to the county. NIPPER: I will move approval of out-of-state travel for the Juvenile Corrections Director. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 7. DECISION OF WHETHER TO HEAR APPEAL OF HEARINGS OFFICER'S DECISION ON THE WAL-MART GARDEN CENTER SITE PLAN Before the Board was the decision of whether to hear the appeal of the Hearings Officer's decision on the Wal-Mart Garden Center site plan. Paul Blikstad stated this was an appeal of the Hearing Officer's determination on a site plan for a garden center for Wal-Mart. Paul recommended that the Board hear this appeal based on the fact that this treated as a land use action and the Hearings Officer found that it was not. To clarify the record, he felt it should be heard. Rick Isham stated this would a de novo hearing. He felt the Franklin's were entitled to a hearing. SCHLANGEN: I move that we hear this and that we set a public hearing for Wednesday, December 6, 1995, at 11:00 a.m. NIPPER: I second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 3 OCTOBER 18, 1995 8 . APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS 0148-'1012 Before the Board was approval of the weekly accounts payable vouchers in the amount of $498,262.49. SCHLANGEN: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. SIGNATURE OF CONDITIONS OF APPROVAL AGREEMENT FOR KENNY ROGERS ROASTER RESTAURANT Before the Board was signature of Conditions of Approval Agreement for Kenny Rogers Roaster Restaurant. SCHLANGEN: I move signature of conditions of approval. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. SIGNATURE OF RESOLUTION NO, 95-134, AUTHORIZING INVESTMENT OF BEND LIBRARY BANS Before the Board was signature of Resolution No. 95-134, authorizing the investment of the Bend Library Bond Anticipation Notes. NIPPER: I'll move signature of Resolution No. 95-134, authorizing investment of the Bend Library Bond Anticipation Notes. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 11. SIGNATURE OF LIQUOR LICENSE FOR HOOK WINE & CHEDDAR Before the Board was signature of a liquor license for Hook, Wine & Cheddar. MINUTES 4 OCTOBER 18, 1995 NIPPER: SCHLANGEN: VOTE: I move signature. Second. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 018"lull DATED this 18th day of October, 1995, by the Board of Commissioners of Deschutes County. Bary H. laughter, Chairman �- ATTEST: Recording Secretary Nancy PopA SchIangen,' Commissioner Rob rt L. Nipper, Co issioner MINUTES 5 OCTOBER 18, 1995