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1996-30224-Minutes for Meeting June 19,1996 Recorded 8/9/19969fi ? C,,14'.4 MINUTES 01551252 DESCHUTE5 COUNTY BOARD OF COMMISSIONERS Wednesday, June 19 1996 Chair Nancy Pope Schlangen called the Board of County Commissions meeting to order at 10:00 a.m. County Commissioners in attendance were Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper. Also present were Rick Isham, County Counsel; Mike Maier, County Administrator; Kevin Harrison, Planner; Brian Harrington, Planner; Bruce White, Assistant County Counsel; Al Driver, Solid Waste Director; Sue Stoneman, Community Relations Specialist; and George Read, Community Development Director. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF 4-H/EXTENSION COUNTY SERVICE DISTRICT WEEKLY AC'C'OUNTS PAYABLE VOUCHERS Before the Governing Body was approval of the weekly accounts payable vouchers for 4-H/Extension County Service District in the amount of $545.01. SLAUGHTER: I'll move approval of that on review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF 9-1-1 COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Governing Body was approval of the 9-1-1 County Service District weekly accounts payable vouchers in the amount of $7,855.56. NIPPER: I'll move approval subject to review. SLAUGHTER: I'll second it. KFv rgF0 VOTE: SCHLANGEN: YES SLAUGHTER: YES 919 NIPPER: YES MINUTES 1 JUNE 19, 1996 TAI CRCW AUG 28''��1jj9996 3. 4. 5. 0155--1253 CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF REDMOND LIBRARY COUNTY SERVICE DISTRICT WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Governing Body was approval of the weekly accounts payable vouchers for the Redmond Library Service District in the amount of $40,825.69. SLAUGHTER: I move approval upon review. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT ACCOUNTS=0:48=11103,3 �01612vmtoy . -LE VOUCHERS Before the Governing Body was approval of the weekly accounts payable vouchers for Bend Library County Service District in the amount of $1,163.48. NIPPER: I move approval subject to review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: (1) signature of Education/Promotion Contract with Conservation of Central Oregon, Inc.; (2) award of Contract to construct Cell #1 at Knott Landfill; (3) signature on Warranty Deed for Nasharr, Walker & Everhart for right-of-way on Ferguson Road; (4) approved appointment of Community Transportation Grant Program Review Committee; (5) signature of Resolution No. 96-023, dissolving the Seventh Mountain County Service District; (6) reappointed Larry Pratt, Jim MINUTES 2 JUNE 19, 1996 M 0155-1254 Bussard and Charles Brown to the Deschutes Basin Resource Committee; (7) appointed of Joe Bankofier to the Deschutes Mitigation & Enhancement Committee; (8) signature of Final Plat for Sunpointe, Phase II; and (9) signature Indemnity Agreement for the "Tour de Cure" Event on June 22, 1996, sponsored by the American Diabetes Association. NIPPER: I'll move approval of the consent agenda items 1-9. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES SIGNATURE OF RESOLUTION NO 96-082, ESTABLISHING A POLICY FOR WAIVER OF SOLID WASTE DISPOSAL FEES Before the Board was signature of Resolution No. 96-082, establishing a policy for wavier of solid waste disposal fees. Al Driver reported this established fee waivers for non-profit organizations. Judy Mackel, Executive Director of St. Vincent de Paul, suggested that a reduced fee be charged to them for the tires and appliances they take to the landfill. They are the largest service organization in Central Oregon. Commissioner Schlangen requested Al Driver to explain the process of taking in tire and appliances. Al stated the free - on had to be removed from the appliances and the wiring has to be removed before they are considered scrap metal. He also reported there were different fees for tires depending on the size. Suzanne Johannsen stated there are fees associated because of the labor and cost of shipping of tires to Portland. She stated that the service organizations are working on charging a fee for allowing people to drop off the appliances and tires in order to cover the charges made by the landfill. Commissioner Nipper felt the social services needed to take a little more responsibility for the illegal dumping and the tax payers should not have to be responsible for this. MINUTES 3 JUNE 19, 1996 0155-1;55 NIPPER: I move we approve for signature Resolution No. 96-082, establishing a policy for waiver for Solid Waste Disposal fees as is. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 7. ADOPTION OF FINAL DECISION ON A-94-21 FOR DON AND PAULA LAWYER Before the Board was adoption of a final decision on A-94-21 for Don and Paul Lawyer. Commissioner Schlangen stated she felt the decision was not specific enough. Kevin Harris stated he felt there were some changes that needed to be made in the decision yet. He suggested two changes and felt that would satisfy the need to state where the house needed to be placed. Kevin Harrison asked if the Board would like him to change the figure and sign the decision later today. SLAUGHTER: I would move adoption of final decision for A- 94-21 for Don and Paula Lawyer with changes made in 5.1 of the decision. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 8. DECISION OF WHETHER TO HEAR AN APPEAL OF ZC-95-12 FOR PMR DEVELOPMENT IN SISTERS Before the Board was a decision of whether to hear an appeal of ZC-95-12 for PMR Development in Sisters. Brian Harrington reported this issue was whether or not to hear an appeal of the Hearing Officers decision on a plan amendment and zone change for property zoned UAR-10. The plan amendment would remove the reserve plan designation, the zone change would change the zone from UAR-10 to RS, urban standard residential, and RH, urban area high density residential. He stated there were 50 acres of UAR-10 land owned by PMR. The appeal was filed on the zone change only and not on the plan MINUTES 4 JUNE 191 1996 0155-1256 amendment. The Board would adopt the plan amendment as decided by the Hearings Officer as the plan amendment was not appealed. The applicant appealed only the zone change. One of the main issues appealed was that the Hearing Officer had errored in the determination of the land acres was 382 when the areas was 417 acres. They stated only 70% of the land had been used but there was a requirement that 75% capacity of the land must be used. The issue before the Board was whether to decline review of the zone change but the plan amendment would have to be adopted without further testimony. Brian stated the staff recommended that the Board decline review. Bruce White recommended the Board decline review of this appeal. Rick Isham asked if there would be any benefit to consider the appeal on the record to clarify the 417 acres was an estimate. Bruce stated that LUBA would defer to the interpretation of the governing body rather than the hearings officer. He stated apparently there was no justification for the 417 acre. NIPPER: I'm going to move that we not hear the appeal of ZC-95-12. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 9. SIGNATURE OF RESOLUTION NO 96-084, INTENT TO AMEND PL -20 BY CHANGING PLAN MAP DESIGNATION AND NO. 96-085, INTENT TO AMEND TITLE 18 THE DESCHUTES COUNTY ZONING ORDINANCE BY CHANGING' THE ZONING OF CERTAIN REAL PROPERTY FROM EFU-TRB TO RR -10 Before the Board was signature of Resolution No. 96-084, intent to amend PL -20 by changing Plan Map Designation and No. 96-085, intent to amend Title 18, the Deschutes County Zoning Ordinance by changing the zoning of certain real property from EFU-TRB to RR -10. NIPPER: I move signature of Resolution No. 96-084, intent to amend PL -20 by changing plan map designation and No. 96-085, intent to amend Title 18, the Deschutes County Zoning Ordinance by changing the zoning of certain real property from EFU-TRB to RR -10. MINUTES 5 JUNE 19, 1996 SLAUGHTER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. SIGNATURE OF RESOLUTION NO 96-086, REGARDING URBAN AREA TRANSPORTATION SYSTEM DEVELOPMENT CHARGES Before the Board was signature of Resolution No. 96-086, regarding urban area transportation system development charges. Rick Isham stated this resolution was following the lead of Redmond and proposed the same fees as adopted by the City of Redmond. SLAUGHTER: I would move signature on Resolution No. 96- 086. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 11. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF REDMOND Before the Board was signature of an Intergovernmental Agreement between Deschutes County and the City of Redmond. SLAUGHTER: I will move signature on Intergovernmental Agreement with the City of Redmond. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 12. SIGNATURE OF ORDER NO 96-060, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 96-060, authorizing the refund of taxes. SLAUGHTER: I move signature of Order No. 96-060, authorizing refund of taxes. MINUTES 6 JUNE 19, 1996 NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 13. SIGNATURE OF SHERIFF'S UNION CONTRACT Before the Board was signature of the Sheriff's Union Contract. Mike Maier requested the Board approved the contract upon review. SLAUGHTER: I will move signature of Sheriff's union contract on review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $444,045.13. NIPPER: I move approval subject to review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 15. SIGNATURE OF MYLAR FOR REPLAT OF LOT 4 FLOYD ACRES FARM Before the Board was signature of a mylar for a replat of Lot 4, of Floyd Acres Farm. SLAUGHTER: I move signature on mylar. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 7 JUNE 19, 1996 0165-125-9 16. SIGNATURE OF LIQUOR LICENSE FOR LA SIESTA CAFE IN TERREBONNE Before the Board was signature of a liquor license for La Siesta Cafe in Terrebonne. SLAUGHTER: I move signature on liquor license. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 17. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND CROOK COUNTY FOR LODGING OF FEMALE PRISONERS AT THE DESCHUTES COUNTY CRIMINAL JUSTICE FACILITY Before the Board was signature of an Intergovernmental Agreement between Deschutes County and Crook County for lodging of female prisoners at the Deschutes County Criminal Justice Facility. NIPPER: I'm going to move signature of Intergovernmental Agreement between Deschutes County and Crook County for the lodging of female prisoners at the Deschutes County Criminal Justice Facility. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 19th day of June, 1996, by the Deschutes County Board of Commissioners. n �- h ancy Poke Scl4angen, Chair Barr . Slaughter, Commissioner TES —47e- — Recording Secretary Rob t L. Nipper, Corr6nilssioner MINUTES 8 JUNE 19, 1996