1996-04802-Minutes for Meeting December 20,1995 Recorded 2/1/199696-04802
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS r
December 20, 1995 nn nn%
014J—CQ2
Acting Chair Nancy Pope Schlangen called the meeting to order at
10:01 a.m. County Commissioners present were Nancy Pope Schlangen
and Robert L. Nipper. Also in attendance were Mike Maier, County
Administrator; Rick Isham, County Counsel; Ralph Delamarter,
Librarian; Catherine Morrow, Planner; George Read, Community
Development Director; Larry Rice, Public Works Director; Paul
Blikstad, Planner; Susan Mayea, Management Analyst; Sue Stoneman,
Community Relations Specialist; Bruce White, Assistant County
Counsel; Dave Leslie, Planner; Dennis Perkins, Building Director;
Sue Brewster, Assistant County Counsel; Frank Mancino, Code
Enforcement; Damian Syrnyk, Planner; and Ed Pecoraro, Planner.
1. PRESENTATION OF THE 1994/95 AUDIT
Gary Nelson reviewed the 1994/95 audit and financial
statements with the Board.
CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 9-1-1
COUNTY SERVICE DISTRICT
2. APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 9-1-1
COUNTY SERVICE DISTRICT
Before the Governing Body of the Deschutes County 9-1-1
Service District was the approval of the weekly accounts
payable vouchers in the amount of $2,395.97.
NIPPER: I move approval of weekly accounts payable
vouchers for the 9-1-1 County Service
District, subject to review.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
3. SIGNATURE OF RESOLUTION NO. 95-158, BORROWING MONEY FROM
DESCHUTES COUNTY
Before the Governing Body of the Deschutes County 9-1-1 County
Service District was the signature of Resolution No. 95-158,
authorizing the 9-1-1 Service District to borrow $35,310.00
from Deschutes County.
MINUTES 1 DECEMBER 20, 1995
,_;1 4 69F1996
4.
5.
Mike Maier reported the decision had been made to sell the
RISC 6000 computers located at 9-1-1 to Benton County. Mike
Maier stated the decision had also been made to advance money
to pay off the debt for the RISC computer. He reported that
9-1-1 did not have sufficient appropriations for this. The
County general fund would pay $35,310 to IBM along with a
check from Benton County to pay off that debt. The 9-1-1
County Service District would repay the county general fund in
the next fiscal year plus 6% interest.
NIPPER: I move signature of Resolution No. 95-158.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Gary Nelson also presented the 9-1-1 Audit and financial
statement
CONVENE AS THE GOVERNING BODY OF THE 4-H/EXTENSION SERVICE
DISTRICT
APPROVAL OF THE WEEKLY ACCOUNTS PAYABLE VOUCHERS OF THE 4-
H/EXTENSION SERVICE DISTRICT
Before the Governing Body of the 4-H/Extension Service
District was approval of the weekly accounts payable vouchers
in the amount of $991.53.
NIPPER: I move approval of weekly accounts payable
vouchers for the 4-H/Extension Service
District in the amount of $991.53 subject to
review.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
CONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: (1) signature of Resolution No. 95-156, intent to vacate
a portion of Frontage Road and Order No. 95-176, accepting the
Engineer's Report and setting a hearing; (2) signature of
Sublease Agreement for La Pine Community Campus; (3) signature
of Agreement between Deschutes County Health Department and
MINUTES 2 DECEMBER 20, 1995
6.
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Central Oregon AIDS Support Group; (4) signature of Contract
between Deschutes County Health Department and HMO Oregon for
the Oregon Health Plan; (5) signature of Assignment of
Sublease Agreement between Highlakes Broadcasting and Jay Man
Productions on Awbrey Butte Transmission Site; (6) signature
of yearly U.S. Forest Service Law Enforcement Agreement; (7)
approval of out-of-state travel to Spokane for Community
Policing Consortium; (8) signature of assignment of food
service contract with Service America to The Wackenhut
Corporation; (9) appointment of Alice Pickett to the Central
Oregon Workforce Quality Committee; (10) reappointment of
Elwin Ross to the Deschutes Basin Resource Committee; (11)
reappointment of James Kendall to the Vandevert Acres Special
Road District Board of Directors; (12) signature of Plat for
Wyndemere, Phase V, a subdivision located in the City of Bend;
(13) signature of Plat for Wyndemere, Phase VI, a subdivision
located in the City of Bend; and (14) signature of
Conservation Agreement with Keith and Helene Schaefer.
NIPPER: I will move approval of consent agenda items
1-14.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
ADOPTION OF ORDINANCE NO. 95-080 AND A PUBLIC HEARING ON
ORDINANCES NO 95-081, TO AMEND DESCHUTES COUNTY COMPREHENSIVE
PLAN REGARDING SURFACE MINING SITE NO 404
Before the Board was adoption of Ordinance No. 95-080 and a
public hearing on Ordinance No. 95-081, to amend the Deschutes
County Comprehensive Plan regarding surface mining Site No.
404.
NIPPER: I move first and second reading of Ordinance
No. 95-080, by title only.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 95-080, by title only.
NIPPER: I move signature of Ordinance No. 95-080.
SCHLANGEN: I second the motion for adoption.
MINUTES 3 DECEMBER 20, 1995
VOTE: SCHLANGEN: YES 0149-061
SLAUGHTER: EXCUSED
NIPPER: YES
Dave Leslie reported this ordinance was intended to
incorporate a program of Oregon Department of Fish & Wildlife.
The Board called this up for review to determine if the ESEE
analysis was sufficient. Dave Leslie recommended this be
adopted subject to final review of the document.
Dave Leslie stated the North Paulina winter range was
different than other deer winter ranges. The factors are
described in the memo. The applicant counts deer tracks and
the amount of snowfall in the area. The shutdown was December
1 through the end of April.
Chair Schlangen opened the public hearing.
Jim Bussard, consultant for the applicant, testified in
support of this ordinance. He reported the snow level would
be taken above the Inn of the 7th Mountain. So far there have
been zero deer in the area and zero snow until last week. The
applicant recommends you adopt the ESEE analysis as presented
by county counsel.
Ted Weise, Oregon Department of Fish & Wildlife, stated this
was what his department was doing to accommodate the growth of
the county. He testified in support of this ordinance. They
would like to have the data collection process start on
November 15 and continue through the whole season.
Bruce White stated the ESEE states that they would start
December 1st. He did not propose that they continue to
monitor if they did not want to operate.
Ted Weise felt it would not be possible to make a
determination from just one month of data as to whether they
can continue to operate. This was an option rather than
having a blanket closure from December 1 through the end of
April.
Dave Leslie stated that this may be an instance where
government cannot do all things for all people. Dave stated
the applicant has stressed that there should be some
adjustments.
Dave Leslie felt that Oregon Department of Fish &Wildlife was
requesting a modification of the starting date from December
1 to November 15. He felt that this change could be
considered this morning.
MINUTES 4 DECEMBER 20, 1995
7.
Bruce White stated they will be collecting data only when they
are operating commencing November 15.
The Board will continue this issue at 3:00 p.m. today.
The Board reconvened at 3:12 p.m.
NIPPER: I move first and second reading of Ordinance
No. 95-081, by title only.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
NIPPER: I move adoption.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
PUBLIC HEARING ON ORDINANCE NO 95-077, AMENDING TITLE 18,
PROHIBITING ACCESSORY STRUCTURES
Before the Board was a public hearing on Ordinance No. 95-077,
amending Title 18, prohibiting accessory structures.
Catherine Morrow reported the this would not prevent someone
from building their garage first but they would have to apply
for and pay for the permit to build their house first. In
other counties they do not allow accessory structures without
the residential structure being in place.
Catherine Morrow reported a letter had been received from John
Gibson regarding this issue. She had also received written
testimony from Betty Marquardt in support of the ordinance.
Commissioner Schlangen asked Dennis Perkins if inspections
were done when a garage was built first.
Dennis Perkins stated they do all inspections the same as a
house.
Chair Schlangen opened the public hearing.
Rod Sedlacek testified in opposition to this ordinance.
Roy Miller testified in opposition of this ordinance.
MINUTES 5 DECEMBER 20, 1995
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There being no further testimony, Chair Schlangen closed the
public hearing.
NIPPER: I move first and second reading of Ordinance
No. 95-077, by title only.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 95-077, by title only.
NIPPER: I move approval of Ordinance No. 95-077.
SCHLANGEN: I second adoption.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
PUBLIC HEARING On A-95-20, AN APPEAL OF THE HEARINGS OFFICER'S
DECISION ON SP -95-60 FOR THE CHURCH OF THE LATTER DAY SAINTS
Before the Board was a public hearing on A-95-20, an appeal of
the Hearings Officer's decision on Sp -95-60 for the Church of
the Latter Day Saints.
Rick Isham stated that there was a letter declaring the Board
was biased. He stated the hearing was continued to today in
order to issue a response to that letter.
Commissioner Schlangen and Commissioner Nipper stated they had
no bias or prejudice for or against the Church of the Latter
Day Saints or the Mormon religion.
Damian Syrnyk provided a staff report to the Board. Reviewed
his memorandum of December 6th with the Board.
Commissioner Nipper stated he would like to table this until
Commissioner Slaughter gets back so he can clarify if he has
disqualified himself.
SCHLANGEN: I believe we have followed our Title 22
Procedures Ordinance, and I would like to
move that we uphold the hearing officer's
decision and the hearings officer's did not
error in the approval of the site plan.
MINUTES 6 DECEMBER 20, 1995
9.
0i49- Mis
NIPPER: Based upon what you just said, I'll second
that because that is exactly how I feel.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
DECISION OF WHETHER TO HEAR A-95-23, AN APPEAL OF THE COUNTY
HEARINGS OFFICER'S DENIAL OF A 46 -LOT SUBDIVISION ON
MORNINGSTAR DRIVE
Before the Board was a decision of whether to hear A-95-23, an
appeal of the County Hearings Officer's denial of a 46 -lot
subdivision on Morningstar Drive.
Paul Blikstad stated the hearings officer based his denial on
the fact that Morningstar Drive was 800 feet substandard. He
stated the applicant would have access to the east but not to
the west. Paul recommended the Board hear this issue as a de
novo hearing.
NIPPER: I move that we hear A-95-23, an appeal of the
county hearings officer's denial of a 46 -lot
subdivision on Morningstar Drive and signature
of Order No. 95-178.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
1 ►: ill: • •:� �•511Y •: �_ 1�1� •
Before the Board was signature of Order No. 95-168,
authorizing the refund of taxes.
NIPPER: I move signature of Order No. 95-168.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
11. SIGNATURE OF RESOLUTION NO, 95-155, TRANSFERRING
APPROPRIATIONS WITHIN THE 1995/96 DESCHUTES COUNTY BUDGET
Before the Board was signature of Resolution No. 95-155,
transferring appropriations within the 1995/96 Deschutes
County Budget.
MINUTES 7 DECEMBER 20, 1995
0119-cU3
NIPPER: I'll move signature of Resolution No. 95-155,
transferring appropriations within the 1995/96
Deschutes County Budget.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
12. SIGNATURE OF MYLAR FOR WESTPINES TOWNHOME CONDOMINIUMS, STAGE
2
Before the Board was signatuer of a mylar for Westpines
Townhome Condominiums, Stage 2.
NIPPER: I move signature of mylar.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of weekly accounts payable
vouchers in the amount of $503,120.77.
NIPPER: I move approval of the weekly accounts payable
vouchers subject to review.
SCHLANGEN: Second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
14. APPOINTMENT OF ROBERT VAUGHT TO THE SPECIAL ROAD DISTRICT NO.
8 BOARD OF DIRECTORS
Before the Board was appointment of Robert Vaught to the
Special Road District No. 8 Board of Directors.
NIPPER: I move appointment.
SCHLANGEN: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
MINUTES 8 DECEMBER 20, 1995
0149-0O2,0
15. SIGNATURE OF FINAL PLAT FOR A REPLAT OF LOTS 13 AND 14 AND A
PORTION OF COMMON AREA FOR SUNSET VIEW ESTATES IN AN RR -10
ZONE
Before the Board was signature of a Final Plat for a replat of
Lots 13 and 14 and a portion of a common area for Sunset View
Estates in an RR -10 Zone.
NIPPER: I move signature.
SCHLANGEN: I second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
16. SIGNATURE OF ORDER NO 95-177, TRANSFERRING CASH WITHIN THE
1995/96 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 95-177,
transferring cash within the 1995/96 Deschutes County Budget.
NIPPER: I move signature of Order No. 95-177.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
17. SIGNATURE OF RESOLUTION NO 95-157, AUTHORIZING A LOAN FROM
DESCHUTES COUNTY GENERAL FUND TO DESCHUTES COUNTY 9-1-1 COUNTY
SERVICE DISTRICT
Before the Board was signature of Resolution No. 95-157,
authorizing a loan from Deschutes County General Fund to
Deschutes County 9-1-1 County Service District in the amount
of $34,310.00.
NIPPER:
SCHLANGEN:
VOTE:
I move signature of Resolution No. 95-157.
Second.
SCHLANGEN: YES
SLAUGHTER: EXCUSED
NIPPER: YES
MINUTES 9 DECEMBER 20, 1995
DATED this 20th day of December,
Commissioners of Deschutes County.
ATT T:
Recording Secretary
0149-� 1
1995, by the Board of
. Slaughter, Chair
Klaw, Wiwi
wm
Nancy Pop Sb"Jangen, Commissi -
i %!I!
Robert L. Nipper, Cdmmissioner
MINUTES 10 DECEMBER 20, 1995