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1997-06243-Minutes for Meeting November 27,1996 Recorded 2/20/19979"'-0C2 t3 MINUTES 0156-14;'8 DESCHUTES COUNTY BOARD OF COMMISSIONERS � Wednesday, November 27, 1996 Chair Nancy Pope Schlangen called the Board of County Commissiongrs Meeting to order at 10:00 a.m. County Commissioners pres`(nt were Nancy Pope Schlangen, Barry H. Slaughter and Robert L, -Nipper. Also in attendance were Mike Maier, County Administra,'o ;.�IRick Isham, County Counsel; Kevin Harrison, Planner; Brine-- Whlite, Assistant County Counsel; Eric Swansen, Management Analysta Sue Stoneman, Public Relations Specialist, Damian Syrnyk, Planner; Tom Blust, County Engineer; and Gary Judd, Road Department. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. 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 the 4-H Extension County Service District in the amount of $634.19. SLAUGHTER: I move approval upon review. NIPPER: 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 payable vouchers for the 9-1-1 County Service District in the amount of $19,077.99. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 1 NOVEMBER 27, 1996 13 CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 3. 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 Redmond Library County Service District in the amount of $14,172.95. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 4. 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 $28,408.53. SLAUGHTER: Move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 5. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Resolution No. 96-151, increasing the Imprest Cash Account for the Community Development Department; 2) signature of Resolution No. 96-134, support for the Oregon Adopt -A -River Program; and 3) signature of Proclamation, proclaiming December 1, 1996, as World AIDS Day. NIPPER: I would move approval of consent agenda items. SLAUGHTER: Second. MINUTES 2 NOVEMBER 27, 1996 6. 7. SLAUGHTER: YES NIPPER: YES ACCEPTANCE OF RESIGNATION/RETIREMENT OF LARRY RICE, PUBLIC WORKS DIRECTOR Before the Board was acceptance of the resignation/retirement of Larry Rice, Public Works Director. SLAUGHTER: I move acceptance of the resignation of Larry Rice as the Public Works Director. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES ADOPTION OF ORDINANCE NO 96-058, AMENDING TITLE 15 OF DESCHUTES COUNTY CODE 15 04.190, PERMIT FEES ADJUSTMENTS Before the Board was adoption of Ordinance No. 96-058, amending Title 15, of the Deschutes County Code 15.04.190, Permit Fees Adjustments. NIPPER: I'm going to move first and second reading of Ordinance No. 96-058, amending Title 15 of the Deschutes County Code 15.04.190, Permit Fees Adjustments, 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. 96-058, by title only. NIPPER: I'll move adoption of Ordinance No. 96-058. SLAUGHTER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES J: • .J: 40-wy-wz� TORNORSE' • • . • • Before the Board was signature of the written decision on appeal A-96-12 for Cosgraves. MINUTES 3 NOVEMBER 27, 1996 0156-1481 Damian Syrnyk reported this was a matter that had been discussed on Monday at the work session. Mr. Lovlien, the Cosgrave's attorney, had a prepared a findings and decision for the Board on appeal A-96-12, which was an appeal of the Deschutes County's Planning Commissions denial. Barry Slaughter commented that he had reviewed this carefully and he felt his original verbal decision was wrong. He had decided to change his vote from approval to denial because he had reviewed the comprehensive plan. Bruce White stated at this point there would not be two votes for the approval. He felt there had been more than one exparte contact between the time of the initial vote and this date. He stated that needed to be put on the record and Mr. Cosgrave needed to have the opportunity to rebut that exparte contact. There had been a meeting between the Planning Commission and the Board of County Commissioners, of which most had been recorded. Bruce recommended that the tape of that joint meeting be transcribed. He felt a record needed to be made of the meeting between Commissioner Nipper and Oregon Department of Fish & Wildlife. He also needed to know if there were any other exparte contacts that he was not aware of by the Commissioners. Commissioner Barry Slaughter stated he had the meeting with the Planning Commission, but no others. Commissioner Bob Nipper stated he had met with Ted Weise from Oregon Department of Fish & Wildlife and another gentlemen from ODF&W. He stated he had not met with the Cosgraves. Commissioner Nipper stated the meeting with Oregon Department of Fish & Wildlife consisted of them stating that they did not feel that Bob Nipper and Barry Slaughter did not understand the significance of a wildlife overlay and the deer winter range, as well as what impacts construction could have on them. Bruce White asked Commissioner Nipper if any of the meeting was devoted to the Cosgrave situation in particular. Commissioner Nipper said absolutely. Commissioner Nipper stated that Oregon Department of Fish & Wildlife personnel felt that they were caught unaware of what was going to occur when Mr. Cosgrave and the professional from O.S.U. gave a presentation. Bruce White stated they were going to make the procedures of hearing a case on the record more clear when the new procedures ordinance was prepared. Commissioner Nipper stated that what they were doing was refuting what the professional from O.S.U. stated and/or attacking his professional credibility. Bruce White felt a more explicit MINUTES 4 NOVEMBER 27, 1996 0156-1482 record of that meeting would need to be made to be put into the record. Bruce White asked Commissioner Nipper if that meeting was changing the way he intended to vote. Commissioner Nipper stated that it really wasn't going to change the way he was going to vote. He understood the importance of a deer winter range and, from their point of view, it wasn't so much the Cosgrave decision they were having problems with, but they feel that this was an attack on the philosophy of deer winter ranges. Commissioner Nipper stated he had real problems with that because he didn't believe it was. One of the criteria was that it was very site specific. Bruce White stated that one of the policy choices the Board was asked to make was whether the comprehensive plan could be adjusted on a site specific basis. Commissioner Nipper stated that was correct, and he did believe that in this particular case there was any threat to any future deer winter range area. He stated two houses on 20 -acres in that particular area was not an impact on the deer winter range whatsoever. Bruce White recommended that the Board not make a formal vote on this issue at this time. He felt the Board should hear rebuttal from Mr. Cosgrave, if he chose to do so, and the other parties, after disclosing to them the exparte contacts. Commissioner Nipper stated that whatever decision we made would go to LUBA. Bruce White stated that was correct. He stated there were some procedural irregularities and he was trying to make sure we give whatever processes was due. Bruce stated that because of the presentations received by the Board in the nature of exparte contacts have been in person, he felt it was appropriate to allow Mr. Cosgrave to come before the Board. Commissioner Nipper stated that unless we were willing to put in our Comprehensive Plan that we need to be able to do a site specific review, we might as well delete the whole section on variances. He felt the Planning Commission had problems with the variance language. Rick Isham stated there was an oral decision that approved this, but that was not a final decision because the written decision was final. He stated we don't have anything of record approving that oral decision. He felt the first step would be to recognize Commissioner Slaughter's statement in the form of rescinding the prior oral vote. NIPPER: I move signature of the written decision on the Appeal of A-96-12 for the Cosgraves. MINUTES 5 NOVEMBER 27, 1996 9. 0156-1483 The motion failed for the lack of a second. SLAUGHTER: I move that we rescind the vote previously made on this issue of A-96-12 for the Cosgraves which was an approval. SCHLANGEN: I'll second that motion. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: NO Bruce White stated the Board was back to ground zero. The record needed to be made complete which would include putting the exparte contacts on the record and allowing the parties to respond. He felt the Commissioner Nipper should do a written narrative of his meeting with ODF&W. He knew that the meeting hadn't changed Commissioner Nipper's vote but he felt that the record should be complete. Chair Schlangen reiterated that she had had no contact. Bruce White stated that a time period should be allowed for response. The Board would need to determine what kind of response they would allow such as written only or response in person by the parties. He also stated the Board would then need to make their decision. He felt this would have to be done by the end of December. Chair Schlangen asked staff what response they felt would be appropriate. Damian Syrnyk felt a written response would sufficient, but he also thought Mr. Cosgrave would prefer an oral presentation as well. Commissioner Nipper stated they have been talking about what was on the record and they needed to keep on the record. He wanted on the record with no emotional appeals. He felt a written response would be sufficient. Commissioner Slaughter felt written response was plenty. Bruce White state he wanted to make sure that whatever was done would be legally sufficient. Bruce stated the first thing they would do was put the written record together and get it out to the parties. • & -Ve I • i sT R 0 MIMI• Before the Board was approval of the weekly accounts payable vouchers in the amount of $504,879.04. MINUTES 6 NOVEMBER 27, 1996 0156-1484 SLAUGHTER: Move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 10. SIGNATURE OF LIQUOR LICENSE RENEWAL FOR MOUNTAIN VIEW WINERY Before the Board was signature of a Liquor License renewal for Mountain View Winery. SLAUGHTER: So moved. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 11. ADOPTION OF ORDINANCE NO 96-085, AMENDING ORDINANCE NO, 96- 079, ADOPTING CHAPTER 2.33, PUBLIC LIBRARY SYSTEM, OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 96-085, amending Ordinance No. 96-079, adopting Chapter 2.33, Public Library System, of the Deschutes County Code. SLAUGHTER: I would move first and second reading of Ordinance No. 96-085, by title only. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen performed the first and second reading of Ordinance No. 96-085, by title only. SLAUGHTER: Move adoption of Ordinance No. 96-085. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 7 NOVEMBER 27, 1996 12. SIGNATURE OF ORDER NO 96-140, RESCINDING ORDER NO 96-085 Before the Board was signature of Order No. 96-140, rescinding Order No. 96-085. Bruce reported this was to rescind Order No. 96-085, in which the hearings officer's decision was the final decision. Kevin Harrison reviewed the proposed changes in the procedures ordinance. NIPPER: I'm going to move signature of Order No. 96- 140, rescinding Order No. 96-085. SLAUGHTER: I'll second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 13. SIGNATURE OF FINAL PLAT FOR MP -95-47, A PARTITION TO DIVIDE A 60.44 -ACRE PARCEL INTO 3 PARCELS IN AN RR -10 ZONE Before the Board was signature of a final plat for MP -95-47, a partition to divide a 60.44 -acre parcel into 3 parcels in an RR -10 Zone. SLAUGHTER: I'll move signature on plat. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 14. SIGNATURE OF ORDERS NO. 96-110 AND 96-132, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 96-110 and 96- 132, authorizing the refund of taxes. SLAUGHTER: NIPPER: VOTE: I move signature on Orders. Second. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 8 NOVEMBER 27, 1996 0156-1486 15. SIGNATURE OF FINAL PLAT FOR MP -96-33, A PARTITION F TWO PARCELS IN AN EFU-AL ZONE Before the Board was signature of a final plat for MP -96-33, a partition for two parcels in EFU-AL Zone. SLAUGHTER: I move signature on plat. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 27th day of November, 1996, by the Deschutes County Board of Commissioners. { if ATTEST: �')' A.A.� Zl�)�� Recording Secretary Nancy , Chair Barry H. Slaughter, Commissioner Roo6rt L. Nipper, Co issioner MINUTES 9 NOVEMBER 27, 1996