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1997-08885-Minutes for Meeting December 11,1996 Recorded 3/14/199797-OSSSS 0150--2306 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, December 11, 1996 9% V A:nk #14 JiM II: 19 Chair Nancy Pope Schlangen called the Board of County Coi&klgsi'o�0r�; meeting to order at 10:10 a.m. County Commissioners present were Nancy Pope Schlangen, Barry H. Slaughter and Robert L. Nipper. Also in attendance Mike Maier, County Administrator; Bruce White, Assistant County Counsel; Kevin Harrison, Planner; Tom Blust, County Engineer; Larry Rice, Public Works Director; Marty Wynne, Finance Director; Sue Stoneman, Public Relations Specialist; and George Read, Community Development 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 $1,543.58. 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 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 $5,478.77. SLAUGHTER: Move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 1 DECEMBER 11, 1996 ;✓: pp r,Ty�l_� 3. 4. 5. 0156-230r 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 $1,247.04. 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 P154-171.11 ZVER61113 W01:435 1144 M-13 Before the Governing Body was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $27,726.65. SLAUGHTER: I move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF THE SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Sunriver Library County Service District in the amount of $1,808.50. SLAUGHTER: NIPPER: MINUTES 2 Move approval upon review. Second. DECEMBER 11, 1996 6. 7. 0156-2308 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 Order No. 96-144, establishing a No Parking Zone within the public right-of-way on or adjacent to a portion of N.E. Wilcox Avenue and directing signs to be posted; 2) signature of Order No. 96-145, establishing a No Parking Zone within the public right-of-way on or adjacent to a portion of N.E. 9th Street and directing signs to be posted; 3) signature of Budget Revision #5 with Oregon Health Division HIV Block Grant; 4) signature of Order No. 96-148, authorizing Greg Brown to sign documents necessary to dispose of property acquired by Deschutes County through forfeitures; 5) signature of Order No. 96-141, assigning the name of Coyote Run Lane to a private access road located in Township 16 South, Range 11 East, W.M., Section 36; 6) signature of Order No. 96-142, assigning the name of Log Bridge Lane to a.private access road located in Township 15 South, Range 10 East, W.M., Section 2 and 11; 7) signature of Final Partition Plat MP -96-16 located at 24605 and 24715 Dodds Road, two parcels in the EFU Zone, for Lee Moriarty; 8) signature of Order No. 96-149, an order establishing the Board of Equalization; and 9)appointment of Harry Brendle to the Deschutes County Budget Committee. NIPPER: I'll move approval of consent agenda items. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 113, VACATING A PORTION OF LANE Before the Board was a public hearing on consideration of signature of Order No. 96-113, vacating a portion of Bartelmay Lane. Tom Blust reported there had been a petition received to vacate a portion of Bartelmay Lane. He recommended approving this vacation. Chair Nancy Pope Schlangen opened the public hearing. There being no testimony, the public hearing was closed. MINUTES 3 DECEMBER 11, 1996 0156-2309 SLAUGHTER: I'll move signature of Order No. 96-113. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 8. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO.96-071, AMENDING TITLE 22, DEVELOPMENT PROCEDURES ORDINANCE OF DESCHUTES COUNTY•• TO ADDRESS • M_NOF :. D_ TIMELINE Before the Board was a public hearing on adoption of Ordinance No. 96-071, amending Title 22, Development Procedures Ordinance of the Deschutes County Code to address the requirements of the 120 -day timeline. Bruce White reported this hearing was being held as there had been changes in the proposed ordinance since the last hearing. Bruce White reviewed the proposed changes to the ordinance with the Board. Chair Schlangen opened the public hearing. Dan Van Vactor submitted written testimony to the Board. He requested additional time to offer changes and comments on this ordinance. He testified in opposition to certain portions of the ordinance. Sharon Smith testified and felt they needed more time to review the ordinance. Paul Speck also testified regarding the need for more time to review the ordinance. George Read felt the Board needed to do this as soon as possible. The draft of the proposed ordinance would be available to interested parties by Friday, December 13, 1996. Written comments would be accepted until 12:00 noon on December 20, 1996. Chair Schlangen would leave the public hearing open for written comments only until noon on December 20, 1996, with the adoption of the ordinance to occur on December 23 or 30, 1996. MINUTES 4 DECEMBER 11, 1996 0156-2310 9. PUBLIC HEARING: ON REOPENING THE RECORD ON THE COSGRAVE VARIANCE • . Before the Board of County Commissioners was a public hearing on the reopening of the record on the Cosgrave variance files V-95-11 and A-96-12. Damian Syrnyk reported this was a reopening of the record on variance V-95-11 and appeal A-96-12. The applicants in this matter were John and Jennifer Cosgrave. The subject property of this hearing was located at 63225 Lookout Drive, and identified on Deschutes County Assessor's map 17,114 as tax lot 1200. The hearing was being held to consider any rebuttal from parties regarding some exparte contact. The notice for this hearing dated December 5, 1996, on Variance V-95-11 and A-96-12. Bruce White reported there were outside of the record contacts from which he deemed it necessary to reopen the record in this matter. He felt it may that the contacts were not be exparte contacts in that they were not necessarily factual evidence the Board received, but there were comments which were irregular and it was felt the applicants, or any other parties, should have the chance to respond to the statements which were made. A notice was put together to reopen the record to all parties to include the substance of the contacts which were made outside the record. Bruce White listed the contacts: a letter received September 12, 1996, from Bruce Brothers, Planning Commission member, to Commissioner Slaughter and Nipper with copy to Commissioner Schlangen; a letter received from Ted Schausberger, Planning Commission, written to all commissioners; there was a contact between Commissioner Slaughter and Planning Commissioner Everett Turner which was initiated by Commissioner Slaughter; Commissioners Nipper's response to Schausbergers and Brothers letter; partial verbatim transcript of a tape of the meeting between the Deschutes County Commissioners and Planning Commission that was held on October 9, 1996, (it was a partial transcript because part of that meeting was not recorded); included with that transcript was a copy of the agenda for that meeting and a copy of the points set out by staff in responding to comments made in that meeting; and a summary of the contact between Commissioner Nipper and two members of the staff of Oregon Department of Fish & Wildlife, of the meeting on November 1,1996. Bruce White further stated that this hearing was a chance for parties to rebut by oral testimony the substance of those outside of the record contacts. Bruce White added that the meeting between County Commissioners and the Planning Commission on October 9, 1996, was set up to further communications between the Planning Commission and the Board of County Commissioners. Generally MINUTES 5 DECEMBER 11, 1996 0155-2311 it was not setup specifically to be a lobbying session as there was no expectation by staff that it was going to result in anything other than ongoing communications between the two bodies. Bruce White stated he could no comment on what had caused Commissioner Slaughter to potentially change his mind on this application, but that was not the intent of the meeting. Bruce White further reported a letter had been received from Bob Lovlien which takes issue with the process. Commissioner Nipper stated he took exception to what Bruce White just said regarding the intent of the meeting was not to change their minds. He was sorry, but he felt that was absolute bull. He stated they went around the room and each and everyone of them told the Board whey they were wrong with their decision, and wondered what else you would call that. Commissioner Schlangen stated the Board had asked the Planning Commission to meet with them to talk about communications. Commissioner Nipper stated that was absolute baloney. The Board of Commissioners were called boobs by Bruce Brothers because they made a wrong decision. Commissioner Schlangen stated the Board had wanted to meet with them to better communications. Commissioner Nipper said he did too, and that was exactly why he thought the meeting was to be held, but that was not the case at all. Commissioner Nipper felt the reason for tht meeting was to tell them that they did not understand the philosophy of a deer winter range and a wildlife overlay and how wrong they were with their decision. Commissioner Slaughter stated there was one other letter from Howard Paine which had been received today. Bruce White stated he had not seen that. Bruce White stated he also had a letter from Bill Boyer and he was not sure his comments were in the nature of rebuttal. He felt Mr. Paine's letter was not in the form of rebuttal either and not appropriate to be considered. Bruce White stated Mr. Cosgrave and Ted Weise were in attendance and were entitled to address the Board if they had comments to rebut the substance of the outside the record contacts. Chair Schlangen opened the public hearing. John Cosgrave stated he was not given enough time to respond to the volumes of new evidence and he had just received the information the day before. He felt there was so much it MINUTES 6 DECEMBER 11, 1996 0156-2312 would take days or week to prepare a response because there was a lot he would have wanted to respond to. He reported he had been adivsed by counsel not to participate in this hearing, which was spelled out clearly in Mr. Lovlien's letter. The one thing he added was that on a personal note, there was a smell test here about this proceeding. He stated that if this decision had originally gone against him, he seriously doubted that he would have been granted an audience to present new testimony, new evidence, new argument in an effort to persudae Commissioners to change thier mind on a decision that had already been made, and then afater that,for the Commissioners to open the record in an attempt to legitimize that testimony. Bruce White stated he had a conversation with Mr. Lovlien in which Mr. Lovlien had told him they were questioning whether they were going to participate. He stated Damian Syrnyk was also advised by Mr. Cosgrave that they were not intending to participate. Commissioner Schlangen questioned as to where the Board went from here. Bruce White felt the Board was going to need to revote. Bruce White reported the packet of information was delivered to Mr. Lovliens office the previous Thursday, December 5, 1996, so Mr. Cosgrave's attorney had had that information since then. Bruce White stated it sounded as though they would not have participated no matter how much time was given to them. Bruce White reported the notice stated that they would receive any comment through the end of the day. Having received written comment from Bill Boyer and Hower Paine, he felt the Board had received all of the comments they were going to get unless Fish & Wildlife was to submit something before the day was through. Bruce White stated the Board was going to have to make a decision. He clarified that an oral decision was not a decision of the County. The decision was the decision that was in writing, and not having gone to a written decision, there was not yet a decision in this case. He stated that in order for staff to present to the Board something for finalizing the decision, they would have to know what their preliminary decision was going to be. He felt the Board was going to need to take another vote. Commissioner Nipper stated he would be in Salem for a meeting on Monday, but would be available by phone to vote on this decision. MINUTES 7 DECEMBER 11, 1996 0156--2313 The County Commissioners agreed they would make the oral decision at 10:45 a.m. on Monday, December 16, 1997. Chair Schlangen closed the public hearing. The oral decision will be made on December 16, 1996, at 10:45 a.m. in the Commissioner's small conference room. 10. SIGNATURE OF • • NO. '•-146, ACCEPTING PETITION TO VACATE A PORTION OF 19TH STREET, ACCEPTING THE ENGINEER'S REPORT AND SIGNATURE OF ORDER NO, 96-129, SETTING PUBLIC HEARING FOR SAID VACATION Before the Board was signature of Resolution No. 96-146, accepting a petition to vacate a portion of 19th Street, accepting the Engineer's Report and signature of Order No. 96- 129, setting a public hearing for the said vacation. Tom Blust discuss the additional right-of-way. Hearing date is set for January 22, 1996. SLAUGHTER: I move signature of Resolution No. 96-146, accepting the revised Engineer's report and signature of Order No. 96-129. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 11. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT WITH STATE OF OREGON DEPARTMENT OF HUMAN RESOURCES Before the Board was signature of an Intergovernmental Agreement with the State of Oregon Department of Human Resources. SLAUGHTER: I will move signature on Intergovernmental Agreement. NIPPER: I'll second it. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES MINUTES 8 DECEMBER 11, 1996 0156-2314 12. SIGNATURE OF RESOLUTION NO 96-156, TRANSFERRING APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 96-156, transferring appropriations within various funds of the 1996/97 Deschutes County Budget. NIPPER: I'll move signature on Resolution No. 96-156. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 13. SIGNATURE OF ORDER NO 96-146, TRANSFERRING CASH WITHIN VARIOUS FUNDS OF THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 96-146, transferring cash within the various funds of the 1996/97 Deschutes County Budget. NIPPER: I'll move signature of Order No. 96-146, transferring cash within the various funds of the 1996/97 Deschutes County Budget. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 14. SIGNATURE OF ORDER NO 96-147, TRANSFERRING CASH WITHIN VARIOUS FUNDS OF THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 96-147, transferring cash within the various funds of the 1996/97 Deschutes County Budget. SLAUGHTER: I'll move signature on Order No. 96-147. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Before the Board was approval of the weekly accounts payable vouchers in the amount of $298,514.34. MINUTES 9 DECEMBER 11, 1996 N SLAUGHTER: I'll move approval upon review. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 16. SIGNATURE OF MYLAR FOR AWBREY HIGHLANDS SUBDIVISION, LOCATED AT SUN RAY COURT AND GLASSOW DRIVE IN THE CITY OF BEND FOR RAYMOND DEVELOPMENT Before the Board was signature of a mylar for Awbrey Highlands subdivision, located at Sun Ray Court and Glassow Drive in the City of Bend for Raymond Development. SLAUGHTER: I move signature on mylar. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 17. SIGNATURE OF AMENDMENT TO PERSONAL SERVICES CONTRACT WITH RIGHT-OF-WAY ASSOCIATES Before the Board was signature of an amendment to the Personal Services Contract with Right -of -Way Associates. SLAUGHTER: I move signature of amendment to Pesonal Services Contract. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES 18. SIGNATURE OF LIQUOR LICENSE FOR CROSSROAD STATION AT SUNRIVER Before the Board was signature of a Liquor License for Crossroad Station at Sunriver. SLAUGHTER: NIPPER: VOTE: MINUTES 10 I'll move signature on liquor license. I'll second that. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DECEMBER 11, 1996 0156-2316 DATED this 11th day of December, 1996, by the Deschutes County Board of Commissioners. angen, Chair I 614 U hal Barry Slaughter, Slaughter, Commissioner ATTEST: Recording Secretary MINUTES 11 DECEMBER 11, 1996 L. Nipper, ioner