1997-01575-Minutes for Meeting October 30,1996 Recorded 1/16/199797-01575 0156-°1251
MINUTES
DESCHU'T'ES COUNTY BOARD OF COMMISSRARd 6 AM 10: Ofd
Wednesday, October 30, 199SUE PENHCL�'
$,
Chair Nancy Pope Schlangen called the Board of Co"#-*TCy00ioners
meeting to order at 10:03 a.m. County Commissioners present were
Nancy Pope Schlangen, Robert L. Nipper, and Barry H. Slaughter.
Also in attendance were Rick Isham, County Counsel; Mike Maier,
County Administrator; Susan Mayea, Management Analyst; Eric
Swansen, Senior Management Analyst; Kevin Harrison, Planner; Audrey
Kolb, Librarian; Florence Torrigino, Health Department Director;
Bruce White, Assistant County Counsel; and Marty Wynne, Finance
Director.
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EX'T'ENSION
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of weekly accounts
payable vouchers for the 4-H/Extension County Service District
in the amount of $2,622.69.
NIPPER: Move approval subject to review.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY
SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payablevouchers for 9-1-1 County Service District in the
amount of $3,518.73.
SLAUGHTER: Move approval upon review.
NIPPER: Second.11cD
VOTE: SCHLANGEN: YES °�a 3'i
SLAUGHTER: YES
NIPPER: YES
CHED
MINUTES 1 OCTOBER 30, 1996
3.
4.
5.
0156-1262
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 $663.26.
SLAUGHTER: Move approval upon review.
NIPPER: Second.
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 for the Bend Library County Service District
in the amount of $25,375.57.
NIPPER: I move approval subject to review.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
• • , . a est
Consent agenda items before the Board of County Commissioners
were: 1) signature of Resolution No. 96-134, accepting
petition to vacate a portion of Bartelmay Lane, Engineer's
report, and Signature of Order No. 96-112, Setting a Hearing;
2) signature of Declaration of Dedication for right-of-way
from Larry Garland; 3) signature of Minor Partition Plat MP -
96 -7; 4) signature of Final Plat for Phoenix Park Phase I, 27
lots in an RS Zone in Bend; and 5) signature of Contract with
David Evans & Associates to digitize tax lot maps for the GIS
System ($2,200).
SLAUGHTER: I move approval of the consent agenda.
MINUTES 2 OCTOBER 30, 1996
5.
6.
NIPPER: Second. 0156-1263
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
PUBLIC HEARING ON SIGNATURE OF ORDER NO 96-120, SKYLIN
Before the Board was a public hearing on signature of Order
No. 96-120, Skyline annexation into Rural Fire Protection
District #2.
Chair Schlangen opened the public hearing.
Richard Ridenhaur, 61594 River Road, testified in suport of
this annexation.
There being no further testimony, Chair Schlangen closed the
public hearing.
NIPPER: I'm going to move signature of Order No. 96-
120, annexing Skyline into Rural Fire
Protection District #2.
SLAUGHTER: I second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
jaim. -knom"gial- ewe We 30M,
Before the Board was a public hearing on Ordinance No. 96-071,
amending Title 22, Development Procedures Ordinance of the
Deschutes County Code.
Kevin Harrison reviewed changes in the ordinance with the
Board. Kevin stated there would need to be some time between
adoption and the effective date in order to make the changes
in the procedures used.
Kevin stated they wanted to change dates on acceptance of
application before it was deemed complete. This would allow
time to identify the applications that were not complete. He
felt it would not slow down the process for an applicant. It
would require changes in the computer system. At this time
the computers generate letters, notices of dates and
timelines.
Chair Schlangen asked what the effective date would be.
MINUTES 3 OCTOBER 30, 1996
0156-1264
Kevin stated they were hoping for an effective date of
December 2, 1996.
Chair Schlangen inquired about the notice.
Commissioner Nipper asked if the issue of de novo hearings had
been addressed adequately.
Bruce White responded by saying they needed more time to work
on that issue to make sure everything would work. The Board
would need to decide when Order No. 96-085 would need to be
repealed. Bruce also felt we would need to decide how this
ordinance would apply to applications already in process.
Kevin Harrision discussed the issue of scheduling hearings
with the hearings officers. If a hearings officer continued
a hearing to the next meeting date, it could be as long as a
month between hearings. He felt it was important to schedule
these hearings closer together in order to speed up the
process. The hearing would have to be time and date certain.
Commissioner Nipper asked if this would take more hours of the
hearings officer's time. Kevin stated we needed to have the
hearings officers available and a room available every week.
He reported that a hearings officer was assigned to a certain
application and stays with that application through the
process. Kevin felt this was a time saving process.
Kevin stated in the past the appellant had filed a transcript
for a notice of appeal. The appellant had 15 days to provide
the transcript. The proposal was to remove the filing of the
transcript as a requirement for notice of appeal, but attach
it instead as a requirement for a hearing before the Board.
Bruce White felt a court recorder should be a consideration in
the future but it was not included in this revision of the
ordinance.
Kevin stated the next item was to include a provision that
could allow an application to waive the 120 day time limit
wihtin 14 days of submittal of their application in order to
preserve their right to a de novo hearing on appeal to the
Board. The Board could also decide at their own discretion to
hear the item de novo. There were a lot applicants that want
to get before the Board in order to have a de novo hearing.
Kevin stated that if the applicant chooses this there would be
no restriction on the processing time line. The Planning
Commission was afraid the application would not be processed
in a timely manner. Kevin felt the applicants right to
request a de novo hearing should be unconditional. Kevin felt
MINUTES 4 OCTOBER 30, 1996
7.
0156-1265
that if an application got stalled, he would hear about that
from George Read.
Kevin discussed the Planning Commissions role in reviewing
applications. The Planning Commissioners felt strongly about
retaining review of decisions by the hearings officer. He
suggested retaining the oversite of the Planning Commission in
those instances where the applicant had waived the 120 day
limit at the outset.
Bruce White stated there was not enough time now to get a full
board review. Kevin suggest that if the Planning Commission
had reviewed the application and it goes from them to the
Board, he felt some mechanism should be worked in to allow the
Planning Commission to testify before the Board.
Chair Nancy Pope Schlangen opened the public hearing. The
public hearing will be continued to Nov. 6, 1996, with
adoption of ordinances scheduled on November 18, 1996.
SIGNATURE OF BUDGET REVISION #4 WITH OREGON STATE HEALTH
DIVISION
Before the Board was signature of Budget Revision #4 with
Oregon State Health Division.
NIPPER: I move signature of Budget Revision #4 with
Oregon State Health Division.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF ORDER NO 96-116, TRANSFERRING CASH WITHIN THE
1996/97 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 96-116,
transferring cash within the 1996/97 Deschutes County Budget.
SLAUGHTER:
NIPPER:
VOTE:
I move signature of Order No. 96-116.
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 5 OCTOBER 30, 1996
9. APPROVAL OF CERT PRIORITIZATION LIST
0156-p206
Before the Board was approval of the CERT Prioritization List.
Rick Ingham review the CERT prioritization list with the Board
and recommended approval.
SLAUGHTER: I would move approval of the CERT
Prioritization List.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
10. APPROVAL OF LOTTERY FUND GRANT RECOMMENDATIONS
Before the Board was approval of the Lottery Fund Grant
recommendations.
Susan Mayea reported there were 20 proposals received. She
stated there were two pending projects, one each for Bend
Chamber and Central Oregon Economic Development Council, which
were pulled from the recommendation list at this time.
She stated the recommended projects were: Bend Industrial Park
(airport infrastructure) $15,000; Deschutes Historical Society
(improve access) $15,000; High Desert Arts Gathering (sponsor
event) $5,000; Redmond Boys & Girls Club (job training)
$15,000; REDAP (marketing) $3,000; School to Work Alliance
$5,000; and Sisters SOAR (school to work) $6,530.
NIPPER: I'll move approval of the Lottery Fund Grant
recommendations.
SLAUGHTER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
11. SIGNATURE OF OREGON REFERENCE LINK SERVICE AGREEMENT
MODIFICATION
Before the Board was signature of the Oregon Reference Link
Service Agreement Modification.
NIPPER: I'll move signature of Oregon Reference Link
Service Agreement Modification.
SLAUGHTER: I'll second.
MINUTES 6 OCTOBER 30, 1996
12.
0356-126
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SIGNATURE OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEND
AND DESCHUTES COUNTY
Before the Board was signature of a Development Agreement
between the City of Bend and Deschutes County.
Eric Swansen reported this was for the construction of
Administration Building #2. This sets forth the development
agreements on the site. There has been site plan approval but
no building permit has been issued yet.
NIPPER: I'll move signature of the Development
Agreement between the City of Bend and
Deschutes County.
SLAUGHTER: I will second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Board was adoption of Ordinance No. 96-075,
repealing Chapter 2.32, Public Library and Library Board of
Trustees, of the Deschutes County Code and adoption of
Ordinance No. 96-079, adoptiong Chapter 2.33, Public Library
System, of the Deschutes County Code.
SLAUGHTER: I move first and second reading of Ordinance
No. 96-075, repealing Chapter 2.32, Public
Library, by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-075, by title only.
NIPPER: I move adoption of Ordinance No. 96-075.
MINUTES 7 OCTOBER 30, 1996
SLAUGHTER: I'll second it. 0156_ �6S
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SLAUGHTER: I would move first and second reading of
Ordinance No. 96-079, by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-079, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-079.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
14. APPOINTMENT OF THE DESCHUTES COUNTY LIBRARY BOARD
Before the Board was appointment of Ed Swillinger, Elizabeth
Messer, Beth Pearl, John McInnis, Pat Lawrence, Ray Maio, and
Helen Lovell to the Deschutes County Library Board.
NIPPER: I'll move approval of the appointments to the
Deschutes County Library Board.
SLAUGHTER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
15. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $1,396,744.69.
SLAUGHTER:
NIPPER:
MINUTES 8
I move approval of weekly accounts payable
vouchers upon review.
Second.
OCTOBER 30, 1996
015x-1269
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
16. SIGNATURE OF LIQUOR LICENSE FOR RYAN'S CAFE
Before the Board was signature of a Liquor License for Ryan's
Cafe.
NIPPER: I move signature of Liquor License for Ryan's
Cafe.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
DATED this 30th day of October, 1996, by the Deschutes County
Board of Commissioners.
ancy Pgpd� SchXangen, Chair
Barry Slaughte , Commissioner
ATT
r
Recording Secretary Ro rt L. Nipper, Co ssioner
MINUTES 9 OCTOBER 30, 1996