1996-23031-Minutes for Meeting May 01,1996 Recorded 6/25/19960154-2699
96-23031 s,
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, May 1, 1996
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Chair Nancy Pope Schlangen called the Board of Commissioners --
Meeting to order at 10:02 a.m. County Commissioners present were
Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper.
Also in attendance were Andy Crosby, Assistant County Counsel;
Mike Maier, County Administrator; Bruce White, Assistant County
Counsel; Tom Blust, County Engineer; Charles Trachsel, 9-1-1
Director; Larry Rice, Public Works Director; Dave Leslie, Planner;
and Sue Brewster, Assistant County Counsel.
1. SIGNATURE OF RESOLUTION NO 96-041, DECLARING MAY 2, 1996, AS
VOLUNTEER APPRECIATION DAY IN DESCHUTES COUNTY
Before the Board was signature of Resolution No. 96-041,
declaring May 2,1996 as Volunteer Appreciation Day in
Deschutes County.
NIPPER: I'll move signature of Resolution No. 96-041,
declaring May 2, 1996, as Volunteer
Appreciation Day.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for 4-H/Extension County Service District in
the amount of $4,400.23.
SLAUGHTER: I move approval of the weekly accounts payable
vouchers for the 4-H/Extension Service.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 1 MAY 1, 1996
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CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY
SERVICE DISTRICT
AL SERVICES CONTRACT WITH GENE F
Before the Governing Body was signature of a Personal Services
Contract with Gene Fisher.
Bruce White reported the contract for signature with some
changes in the insurance amounts. The Board would need to
initial the changes.
SLAUGHTER: I move signature on personal services contract
with Gene Fisher.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY
SERVICE DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR REDMOND
LIBRARY COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the Redmond Library County Service
District in the amount of $3,950.00.
NIPPER: I move approval of weekly accounts payable
voucher for the Redmond Library County Service
District.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers in the amount of $758.61.
SLAUGHTER: I move approval of the weekly accounts payable
voucher for the Bend Library Service District.
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NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: (1) signature of Resolution No. 96-035, exempting a
Contract for engineering services from competitive bidding
requirements; (2) award of Contract to URS for safety related
consulting services; (3) signature of Declaration of
Dedication granted by Gary & Lisa Zimmerman on a portion of
Big Buck Road and a portion of Bay Rum Road; (4) signature of
Order No. 96-001, vacating a portion of Big Buck Road; (5)
signature of Resolution No. 96-057, establishing a No Parking
Zone on or adjacent to Rainbow Drive, Primrose Lane and a
portion of Sunrise Boulevard within the Forest View Special
Road District; (6) signature of Resolution No. 96-053,
appropriating new grant funds for Health Department; (7)
signature of Final Plat for MP -94-37, partition of three
parcels in a MUA-10 Zone; (8) appointment of Jay Yowell to the
Special Road District No. 8 Board of Directors; and (9)
reappointment of Loren Irving and Jim Bussard to the Deschutes
River Mitigation and Enhancement Committee.
NIPPER: I will move approval of consent agenda items
#1-9.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
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Before the Board was a continued public hearing on adoption of
Ordinance No. 96-032, amending Title 18, Flood Plain Zone, of
the Deschutes County Code.
Dave Leslie reported this ordinance would amend the section of
the County Code regarding the flood plain criteria. Dave
stated this would be consistent with federal standards. The
Planning Commission and staff recommend adoption of this
ordinance.
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Chair Schlangen opened the public hearing.
Bob Lovlien, attorney, stated he was present to answer any
questions the Board may have.
There being no further testimony, the public hearing was
closed.
NIPPER: I move first and second reading of Ordinance
No. 96-032, amending Title 18, Flood Plain
Zone, of the Deschutes County Code, by title
only.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-032, by title only.
SLAUGHTER: I move approval of Ordinance No. 96-032.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
PUBLIC HEARING: ON THE PROPOSED BOND ELECTION FOR THE
FAIRGROUNDS FACILITY AND SIGNATURE OF RESOLUTION NO. 96-058
Before the Board was a public hearing on the proposed bond
election for the fairgrounds facility and signature of
Resolution No. 96-058, calling for a special election to
submit to the voters the question of issuing General
Obligation Bonds in amount of not more than $23,395,000 to
finance the construction, equipping, furnishing and relocation
of the county fairgrounds.
Bruce White reported the bond measure totaled $25,395,000 for
the expansion and relocation of the Deschutes County
Fairgrounds.
Elton Gregory reported the proposal for the relocation was
based on four major areas. One factor was the fact that the
user groups have over run the capabilities of the present
fairgrounds space. He stated there were twenty-five events
scheduled at the fairgrounds during the month of May. The
fair board had obtained a grant of lottery funds for economic
development. He felt Deschutes County was continuing to
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become a rural area and he anticipated more needs for the
rural types of activities. He felt this plan would enhance
and encourage that type of growth to continue in Deschutes
County.
Ray Hickman testified in opposition to the Deschutes County
Fair Board. He felt the Board of Deschutes County Fair should
not be allowed to spend public money unless the public had
some say about how the money was spent. He requested
information about how the Fair Board was elected and/or
appointed.
Elton Gregory explained how the Fair Board operated.
Russ Kyle testified in support of the bond issue going
forward.
Jim Barrett testified in support of this proposed bond
election.
Bob Peterson testified in support of the proposed bond issue.
Candy Botham testified in support of the proposed bond issue.
There being no further testimony, Chair Schlangen closed the
public hearing.
NIPPER: I'll move approval of Resolution No. 96-058,
proposed bond election for the Fairgrounds
facility.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
NIPPER: I move chair's signature of Notice of Measure
Election.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DECISION: ON THE 85TH STREET LOCAL IMPROVEMENT DISTRICT
Before the Board was a decision on the 85th Street Local
Improvement District.
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Tom Blust reported there were 46 written objections prior to
public hearing. He stated that only one of three verbal
statements made at the public hearing were valid. He reported
the total count of objections were 47 at the end of the
hearing. He stated this falls short of the 50% required to
stop a local improvement district. Tom stated the Board had
several options for take which were to take action to abandon
the LID, they could modify the LID proposal, or order the LID
to be made.
NIPPER: I move abandonment of the 85th Street Local
Improvement District.
SLAUGHTER: Yes, I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF FINAL DECISION ON NUV-94-2/A-94-131, LUBA NO. 94-
249 FOR FRALEY
Before the Board was signature of the final decision on NUV-
94-2/A-94-131, LUBA No. 94-249 for Fraley.
Damian reported the final decision was ready for Board
signature.
Commissioner Nipper stated that this decision had created a
real dilemma for him. He believed that the state and intent
of land use laws in the State of Oregon had been bastardized
and manipulated by government to the point where we have lost
our rights as free individuals. He stated the criteria for
compliance has been so carefully molded by government that the
citizen attempting to make changes to their own private
property is subject to incredible financial burden, tedious
minutia of detail, red tape and run-arounds. He stated the
legal staff had followed the letter of the law in preparing
this decision. He further stated that Deschutes County's
compliance with land use laws were unswerving and therein lies
the problem. He felt that what had been lost in government
and lost in our citizenry was common sense, compassion for the
individual being able to live in Oregon in the spirit of life,
liberty and the pursuit of happiness as proposed by our
forefathers. He felt that may be corny to some, but he
believed very strongly in that. He stated that as a public
official he must comply with the law, so therefore he was
going to be grudgingly rule on this decision. He further
promised that he would pursue with great alacrity reasoning
being added to the same laws at the state and federal level.
SLAUGHTER: I'll move signature on the decision.
MINUTES 6 MAY 1, 1996
SCHLANGEN: I will second. 0154-2705
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $281,119.91.
SLAUGHTER:
NIPPER:
VOTE:
I move approval.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
12. SIGNATURE OF MYLAR FOR AWBREY BUTTE HOMESITES, PHASE TWENTYTWO
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Before the Board was signature of a mylar for Awbrey Butte
Homesites, Phase Twenty-two.
SLAUGHTER: I move signature on mylar.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this 1st day of May, 19 6, by th Deschutes County Board
of Commissioners. I
ATT T:
Recording SecretAry
MINUTES 7 MAY 1, 1996
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Barry A. Slaughter, ICommissioner
Ro ert L. Nipper, Vofamissioner