1996-00663-Minutes for Meeting November 13,1995 Recorded 1/5/1996r'a w
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MINUTES�-
DESCHUTES COUNTY BOARD OF COMMISSIONERS c,a
Monday, November 13, 1995 0149-029101
Chair Barry Slaughter called the meeting to order at 10:02 a.m.
County Commissioners present were Barry H. Slaughter, Nancy Pope
Schlangen, and Robert L. Nipper. Also in attendance Mike Maier,
County Administrator; Rick Isham, County Counsel; Brad Chalfant,
Property Manager; Florence Torrigino, Health Department Director;
Greg Brown, Sheriff's Department; Terry Silbaugh, Sheriff's
Department; James Lewis, Planner; Larry Rice, Public Works
Director; George Read, Community Development Director; Dave Leslie,
Planner; Al Driver, Solid Waste Director; Bruce White, Assistant
County Counsel; and Damian Syrnyk, Planner.
1. APPROVAL OF REVISED DESCHUTES COUNTY EMERGENCY OPERATIONS PLAN
AND SIGNATURE OF LETTER
Before the Board was approval of the revised Deschutes County
Emergency Operations Plan and signature of the accompanying
letter.
Terry Silbaugh reported the Deschutes County Emergency
Operation Plan was now finalized and ready for signature.
SCHLANGEN: I would like to move approval of the revised
Deschutes County Emergency Operations Plan.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
2. SIGNATURE OF RESOLUTION NO 95-141, RECOGNIZING THE SERVICE
AND COMMITMENT TO PUBLIC SAFETY OF LEONARD SWANZY
Before the Board was signature of Resolution No. 95-141,
recognizing the service and commitment to public safety of
Leonard Swanzy.
SCHLANGEN: I move signature of the resolution.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
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MINUTES 1 NOVEMBER 13, 1995
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` 0149-0291
3. APPROVAL OF OUT-OF-STATE TRAVEL FOR CLIFF LU TO ATTEND
FORENSIC EVIDENCE CONFERENCE IN SAN FRANCISCO
Before the Board was approval of out-of-state travel for Cliff
Lu to attend a Forensic Evidence Conference in San Francisco.
SCHLANGEN: I will move approval of out-of-state travel
for Cliff Lu with the stipulation that he must
use public transportation.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
4. SIGNATURE AUTHORIZING CONTRACT FOR ARCHITECTURAL SPACE
PLANNING SERVICES
Before the Board was signature of a contract with LRS
Architects in the amount of $18,480 for space planning
services.
NIPPER: I'll move signature of contract for the
architectural space planning services.
SCHLANGEN: I will second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
5. SIGNATURE OF BUDGET REVISION #4 FOR OREGON STATE HEALTH
DIVISION
Before the Board was signature of Budget Revision #4 for
Oregon State Health Division.
Florence Torrigino reported this was in increase in the Family
Planning Grant in the amount of $11,870.
SCHLANGEN: I'll move signature of budget revision.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 2 NOVEMBER 13, 1995
6.
7.
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0149-0292
Before the Board was signature of a renewal agreement between
Deschutes County Health Department and Oregon Health Science
University School of Nursing.
SCHLANGEN: I'll move signature of renewal agreement
between the county and Oregon Health Science
University.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF RADIO TRANSMISSION AND RECEIVING SUBLESSEE
AGREEMENT FOR ONECOMM CORPORATION ON AWBREY BUTTE TRANSMISSION
SITE
Before the Board was signature of a Radio Transmission and
Receiving Sublessee Agreement for OneComm Corporation on
Awbrey Butte Transmission Site.
SCHLANGEN: I move signature of Radio Transmission of
Sublessee Agreement.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF UTILITY EASEMENT FOR CENTRAL ELECTRIC COOPERATIVE
Before the Board was signature of a Utility Easement for
Central Electric Cooperative.
Brad Chalfant report this was a part of the Eastgate project.
There was an existing line on the north end of the property.
They would like to extend their line to a private property.
NIPPER:
SCHLANGEN:
VOTE:
MINUTES 3
I will move signature of Utility Easement for
Central Electric Cooperative.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
NOVEMBER 13, 1995
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10.
0149-0293
SIGNATURE OF CONSERVATION AGREEMENT AS A CONDITION OF APPROVAL
FOR CU -95-103 FOR DAVID AND SUSAN NELSON
Before the Board was signature of a Conservation Agreement as
a condition of approval for CU -95-103 for David and Susan
Nelson.
James Lewis reported this was the new conservation language.
SCHLANGEN: I move signature of conservation agreement.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Board was the decision of whether to hear the
appeal of an approval for Hap Taylor/Crown Pacific Surface
Mining Site Plan.
Dave Leslie reported this was to an opportunity for the Board
to make a choice as to whether or not to hold a hearing on
this issue. The site plan was approved by the Hearings
Officer. The Board could consider an appeal and hold a
hearing or decline to hold a hearing. If the Board decided to
hold a hearing they could either hold a de novo hearing or a
hearing on the record only. Dave Leslie stated that staff
recommended the Board decline to hear this matter on appeal.
He felt LUBA would be better suited to hear the technical and
legal issues.
NIPPER: I'll move that we decline to hear the appeal
of the Hearings Officer's decision.
SCHLANGEN: Second.
Chair Barry Slaughter stated the hearings officer had approved
this. He felt good gravel sources were rare. This area
contains 23% of the to the total protected resource. He felt
there was a need for this kind of material. He state that the
alternative to local sources was from over the mountains. The
cost escalates when the resource was hauled from the valley
and the trucks still have to go through Sisters. He felt that
Sisters needed a by-pass and visitors would still stop in
Sisters if there was one. Commissioner Slaughter felt the
Board should not hear this issue because either way, the issue
would probably be appealed to LUBA. He felt the parties
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0149-0294
involved in this issue should look towards mediation as a
possible solution.
Commissioner Nipper stated he was troubled by the increased
truck traffic through Sisters, the environmental impact to the
area and by the misinformation being distributed on this
issue. He stated the surface mine proposed west of Sisters
was by far the largest single source of gravel in Deschutes
County. He stated that if the Board was to deny the mining
ability in Sisters, they would be in violation of Goal 5.
Commissioner Schlangen stated surface mining in this zone was
not a conditional use as it was an outright use. She supports
sending this to LUBA.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
11. DECISION OF WHETHER TO HEAR APPEAL A-95-20, AN APPEAL OF THE
HEARINGS OFFICER'S APPROVAL OF SP -95-60, FOR THE LATTER DAY
SAINTS CHURCH
Before the Board was the decision of whether to hear appeal A-
95-20, an appeal of the Hearings Officer's approval of SP -95-
60, for the Latter Day Saints Church.
Damian Syrnyk reported that in 1994 the LDS church obtained a
conditional use permit to place a church on the corner of
Tekempe and Knott Road. This summer they came in for a site
plan. The County held a hearing on the conditional use
application. The church was requesting a building of 13,636
feet with 115 parking spaces. An appeal was filed in a timely
manner by opponents. After the appeal was filed, he stated it
was realized that the 120 day processing timeline was November
16, 1995, which could be a problem.
Bruce White stated the 120 day was problematic when it was
exceeded. It was his recommendation to decline to hold an
appeal hearing. If a hearing was held in the face of the 120
day problem, the Board faced the possible scenario of the
issue going to court anyway. Bruce stated that the
complicated factor was that there had been no transcript
received yet. Bruce stated the attorney for the church had
expressed an willingness in extending the 120 day time period
but for no longer than was necessary for the application to
perfect their appeal by filing a transcript. He stated the
applicant had submitted a letter dated today, November 13,
1995, stating that they would waive the 120 day until the
transcript was filed.
No action was taken on this item at this time.
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0149-0295
12. SIGNATURE OF RESOLUTION NO 95-140, AUTHORIZING COMMISSIONER
SCHLANGEN TO APPROVAL ALL ACCOUNTS PAYABLE DURING THE WEEK OF
NOVEMBER 13, 1995
Before the Board was signature of Resolution No. 95-140,
authorizing Commissioner Schlangen to approval all accounts
payable during the week of November 13, 1995.
NIPPER: I'll move signature of Resolution No. 95-140,
authorizing Commissioner Schlangen to approve
all accounts payable during the week of
November 13, 1995.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of 244,772.60.
SCHLANGEN: I move approval upon review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this 13th day of November, 1995, by the Board of
Commissioners of Deschutes County.
Ba#ry H. Slaughter,lChairman
Nancy p e'Solangdn, Commi" ioner
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Recording Secre ary
MINUTES 6 NOVEMBER 13, 1995
L. Nipper, Commissioner