1997-08884-Minutes for Meeting December 04,1996 Recorded 3/14/199797-08884 0156-2294
MINUTES
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, December 4, 1996
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:05 a.m. County Commissioners present were
Nancy Pope Schlangen, Barry H. Slaughter, and Robert L. Nipper.
Also in attendance were Marty Wynne, Finance Director; Susan Mayea,
Management Analyst; Sue Stoneman, Public Relations Specialist; Lt.
Greg Brown, Sheriff's Department; Dennis Maloney, Community Justice
Director; Damian Syrnyk, Planner; Ron Meckler, 9-1-1 Director;
Bruce White, Assistant County Counsel; Sue Brewster, Assistant
County Counsel; Al Driver, Solid Waste Director; Tom Blust, County
Engineer; Barbara Rich, Planner; Dave Leslie, Planner; and Gary
Judd, Road Department.
CONCEPT1. CENTRAL OREGON COMMUNITY COLLEGE 4 -YEAR COLLEGE PLAN AND
SIGNATURE OF RESOLUTION NO, 96-157, IN SUPPORT OF THE CASCADI
Before the Board was a presentation of the Central Oregon
Community College 4 -year college plan and signature of
Resolution No. 96-157, in support of the Cascadia concept.
Jim Carnahan made the presentation on behalf of Central Oregon
Community College
SLAUGHTER: I move we support Resolution No. 96-157, in
support of the Cascadia concept.
NIPPER: I will enthusiastically second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
Before the Governing Body was a public hearing on signature of
Resolution No. 96-149, adopting 4-H/Extension County Service
District supplement budget for the fiscal year 1996/97.
Marty Wynne, Finance Director, reported the supplemental
budget was the same as proposed by the Budget Committee.
MINUTES 1 DECEMBER 4, 1996
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0156-2295
Chair Nancy Pope Schlangen opened the public hearing. There
being no testimony, the public hearing was closed.
SLAUGHTER: I move approval and signature of Resolution
No. 96-149.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 4-H/Extension County Service District
in the amount of $145.33.
SLAUGHTER: 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
Before the Governing Body was a public hearing on signature of
Resolution No. 96-148, adopting 9-1-1 County Service District
supplemental budget for the fiscal year 1996/97.
Chair Nancy Pope Schlangen opened the public hearing. There
being no testimony, the public hearing was closed.
SLAUGHTER: I move signature of Resolution No. 96-148.
NIPPER:
VOTE:
Second.
SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 2 DECEMBER 41 1996
5.
7.
0156-2296
Before the Governing Body was approval of weekly accounts
payable vouchers for 9-1-1 County Service District in the
amount of $1,079.16.
NIPPER: I move approval upon review.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
Before the Governing Body was a public hearing on signature of
Resolution No. 96-150, adopting the Bend Library County
Service District supplemental budget for the fiscal year
1996/97.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I move signature of Resolution No. 96-150.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 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 $47.49.
NIPPER: I move approval.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
MINUTES 3 DECEMBER 4, 1996
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10.
0156-2291
CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY
SERVICE DISTRICT
SIGNATURE OF FINAL ORDER NO. 96-143, REGARDING THE
CONSTRUCTION OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT
FACILITY
Before the Governing Body was signature of the final Order No.
96-143, regarding the construction of the Sunriver Library
County Service District facility.
SLAUGHTER: I move signature on Order No. 96-143.
NIPPER: I'll second it.
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) appointment of Peter Cecil to the River Bend Estates
Special Road District; 2) appointment of Becky Gentilini to
the Lazy River Special Road District; and 3) authorization and
execution of Annexation Agreement with the City of Bend and
payment for required sewer services for the Public Works
Department.
SLAUGHTER: I move approval of consent agenda items.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
7 1057.
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Before the Board was signature of a Standard Form Agreement
with Hoffman Construction Company.
NIPPER:
SLAUGHTER:
MINUTES 4
I move signature of the Standard Form
Agreement with Hoffman Construction Company
subject to review.
I'll second that.
DECEMBER 4, 1996
11.
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VOTE: SCHLANGEN: YES 0156--2298
SLAUGHTER: YES
NIPPER: YES
PUBLIC HEARING ON SIGNATURE OF RESOLUTION NO 96-147, ADOPTING
DESCHUTES COUNTY SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1996/97
Before the Board was a public hearing on signature of
Resolution No. 96-147, adopting the Deschutes County
supplemental budget for the fiscal year 1996/97.
Marty Wynne reported there were several funds involved.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
SLAUGHTER: I move signature of Resolution No. 96-147.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
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Before the Board was signature of Resolution No. 96-155,
transferring appropriations within the 1996/97 Deschutes
County budget.
SLAUGHTER: I move signature of Resolution No. 96-155.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
an "AzftZ1L%W6ORIM• •TIT I•MI_�j�l�
Before the Board was a public hearing on an application for a
Community Develop Block Grant for the La Pine Water System.
Susan Mayea reported this was the second and final hearing on
the application for the Community Development Block Grant.
This would be for the final design and engineering, which was
the second phase of the La Pine Domestic Water District
improvement. The total grant amount request was for
$749,600.00. This would be used to cover all costs related to
getting ready to apply for the construction grant. Total cost
MINUTES 5 DECEMBER 4, 1996
0156-2299
project costs were estimated at over $6,000,000. Susan
reported she was preparing an application for the remainder of
the construction costs.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
NIPPER: I'll move approval on submittal of application
for La Pine Water System with Community
Development Block Grant Money.
SLAUGHTER: I'll second it.
VOTE: SCHLANGEN: YES '
SLAUGHTER: YES
NIPPER: YES
14. PUBLIC HEARING ON SIGNATURE OF URBAN MANAGEMENT AGREEMENT WITH
THE CITY OF REDMOND
Before the Board was a public hearing on signature of an Urban
Management Agreement with the City of Redmond.
Chair Schlangen opened the public hearing and continued it to
the Board of County Commissioner's meeting on December 18,
1996, at 10 a.m.
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Before the Board was a public hearing on adoption of Ordinance
No. 96-084, amending section 19.24.050 of Title 19, the rear
setback in the RL Zone, of the Deschutes County Code.
Damian Syrnyk reviewed the ordinance with the Board.
Chair Schlangen opened the public hearing. There being no
testimony, the public hearing was closed.
SLAUGHTER: I move first and second reading of Ordinance
No. 96-084, 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. 96-084, by title only.
MINUTES 6 DECEMBER 4, 1996
0156-2300
SLAUGHTER: I move adoption of Ordinance No. 96-084.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
16. APPROVAL OF TRANSITION OF JUVENILE DETENTION TO SHERIFF'S
DEPARTMENT
Before the Board was approval of the transition of the
Juvenile Detention to the Sheriff's Department.
Dennis Maloney stated this would streamline secure facility
management and services. There would be a Secure Facility
Policies Board, with Greg Brown being Chair, and he would be
the administrative authority over all secure facilities. The
Policy Board could be used to make certain that the programs
were operating correctly.
Before the Board was approval of the Community Justice Plan
for funding from Oregon Department of Corrections and
Signature of Resolution No. 96-153.
NIPPER: I'll move approval of the Community Justice
Plan for Funding from Oregon Department of
Corrections and Signature of Resolution No.
96-153.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
18. DECISION OF WHETHER TO HEAR APPEAL A -96-21F AN APPEAL OF THE
HEARINGS OFFICER'S DECISION ON CU -96-52 FOR CELL TOWER
Before the Board was a decision of whether to hear appeal A-
96-21, an appeal of the Hearings Officer's decision on CU -96-
52 for Cell One.
Damian reported this was an appeal of a cellular telephone
facility in the exclusive farm use zone. He reported the 120
day timeline was waived.
MINUTES 7 DECEMBER 4, 1996
0156-2301
Damian Syrnyk felt the Board should hear this issue de novo
because of the Counties inexperience with cellular facilities.
•
Before the Board was signature of Order No. 96-145, reopening
the record in the application of John and Jennifer Cosgrave
(V-95-11) on appeal before the Board of County Commissioners.
Bruce White stated he would prepare an order subject to the
Board's review. The Order No. 96-145 would set a hearing for
next Wednesday, December 11, 1996, to hear rebuttal testimony
for any of the contacts that were made outside the record. He
stated there were three outside the record contacts which
consisted of a letter from Bruce Brothers, the Planning
Commission meeting, and a meeting Commissioner Nipper had with
Steve George and Ted Weise. This information would be sent
out to the parties along with a notice that a hearing would be
held on December 11, 1996. The Board would then convene again
on December 16, 1996, for a decision from the Board.
SLAUGHTER: I move signature of Order No. 96-145, subject
to review, setting a public hearing December
11, 1996, at 11:00 a.m.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
20. PUBLIC HEARING: ADOPTION OF ORDINANCE NO. 96-078, AMENDING
TITLE 18, CHANGING THE ZONE DESIGNATION FROM EFU TO SM ON
CERTAIN PROPERTY, ADOPTION OF ORDINANCE NO. 96-077, AMENDING
PL -20, CHANGING THE SURFACE MINING PLAN DESIGNATION TO SURFACE
MINING, AND ADOPTION OF ORDINANCE NO 96-076, AMENDING PL -20,
REVISING THE MINERAL AND AGGREGATE RESOURCE INVENTORY FOR
DESCHUTES COUNTY
Before the Board adoption of Ordinance No. 96-078, amending
Title 18, changing the zone designation from EFU to SM on
certain property, adoption of Ordinance No. 96-077, amending
PL -20, changing the Surface Mining Plan designation to Surface
Mining, and Adoption of Ordinance No. 96-076, amending PL -20
revising the Mineral and Aggregate Resource Inventory for
Deschutes County.
Chair Schlangen opened the public hearing.
MINUTES 8 DECEMBER 4, 1996
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Commissioner Nipper stated he needed to be convinceU t5h6at I
we allowed the surface mining to occur, that we were not
significantly changing the criteria for selection of Site M as
opposed to Site L. He stated that one of the criteria for
choosing Site M was that it had much more fill for daily
cover. He asked if the quantity of fill for daily coverage
would be significantly changed by the surface mining.
Al Driver stated he did not know because he didn't know what
their plans were for mining. He felt one of the issues was
the rezoning issue from EFU to SM. He thought there was
another step they would have to take before mining could
occur, which would be a conditional use permit. They would
also have to have a permit from the State Department of
Geology for a mining permit.
Al Driver also stated that he was hoping the County would be
in a position by next spring to do a purchase option on those
properties. He hoped that all the necessary appraisals would
be done by that time and they would be able to move forward
with the land acquisition and the change in the comprehensive
plan. He stated that he was not sure of the amount of
material they could remove before that time.
Bob Lovlien, representing the applicant, testified. He stated
the Robinson's remain committed to working with the County o
their landfill site. He also stated this whole process to
rezone got started before the County contacted the Robinson.
He reported the offer to purchase was made in July, 1994, and
he opened his file on this matter in August, 1995. He stated
he had an invoice for the geo-technical work on this dated
November 10, 1995. He stated the Robinsons did not get an
inquiry from the County until December of 1995.
There being no further testimony, the public hearing was
closed.
SLAUGHTER: I move first and second reading of Ordinance
No. 96-076, by title only.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-076, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-076.
NIPPER: Second.
MINUTES 9 DECEMBER 4, 1996
0156-2303
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SLAUGHTER: I move first and second reading of Ordinance
No. 96-077, 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. 96-077, by title only.
SLAUGHTER: I moved adoption of Ordinance No. 96-077.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
SLAUGHTER: I move first and second reading of Ordinance
No. 96-078, by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 96-078, by title only.
SLAUGHTER: I move adoption of Ordinance No. 96-078.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
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Before the Board was signature of a real property lease with
William and Anne Barlow for office space in Madras for
Jefferson County Adult/Community Correction Intergovernmental
Agreement Program.
MINUTES 10 DECEMBER 4, 1996
NIPPER: I'll move signature of Real Property Lease
with William and Anne Barlow for the office
space in Madras for Jefferson County
Adult/Community Correction Intergovernmental
Agreement with Deschutes County.
SLAUGHTER: I'll second that.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
22. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $200,373.90.
SLAUGHTER: I move approval upon review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
Before the Board was signature of Order No. 96-133,
authorizing the refund of taxes.
SLAUGHTER: I move approval of Resolution No. 96-133.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
NIPPER: YES
24. APPOINTMENT OF JAN THACKERY TO THE CENTRAL OREGON REGIONAL
HOUSING AUTHORITY BOARD OF DIRECTORS
Before the Board was appointment of Jan Thackery to the
Central Oregon Regional Housing Authority Board of Directors.
NIPPER: I move appointment of Jan Thackery to the
Central Oregon Regional Housing Authority
Board of Directors.
SLAUGHTER:
I second.
MINUTES 11 DECEMBER 4, 1996
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VOTE: SCHLANGEN : YES U1 �V[+,��®
SLAUGHTER: YES
NIPPER: YES
DATED this 4 day of Dec
Board of Commissioners.
A7T:
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Recording Secre ary
, 1996, by the Deschutes County
Nancy To 'S hlangen, Chairo
4!!�7 ;/ ql
Barry H. Slaughter, Commissioner
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Ro rt L. Nipper, C64Ussioner
MINUTES 12 DECEMBER 4, 1996