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1997-12063-Minutes for Meeting January 08,1997 Recorded 4/10/1997Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:02 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Brad Chalfant, Property Manager; Bruce White, Assistant County Counsel; Marty Wynne, Finance Director; Susan Mayea, Management Analyst; Brian Harrington, Planner; Sue Stoneman, Community Relations Specialist; George Read, Community Development Director; Deirdre Malarkey, Regional Problem Solving; and Larry Rice, Public Works Director. 1. ELECTION OF BOARD CHAIR BOARD OF EQUALIZATION CHAIR. AND BUDGET OFFICER FOR 1997 Before the Board was election of the Board Chair, Board of Equalization Chair and Budget Officer for 1997. SWEARINGEN: I move Nancy Schlangen be the Board Chair for the year of 1997. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SWEARINGEN: I move that Bob Nipper be the Chair of the Board of Equalization. SCHLANGEN: I will second that. Commissioner Nipper stated the by State law there did not need to be a County Commissioner on the Board of Equalization. He felt a representative could be appointed to that position and he would not serve as the Chair of the Board of Equalization. Linda withdrew her motion and recommended a citizen be appointed. SCHLANGEN: I would like to nominate Commissioner Swearingen as Budget Officer. NIPPER: I'll second that. KE PU CHED MINUTES 1 JANUARY 8, 1997 _ �� ..,� P 97 A� ♦ 9,7-12063 r � t �"I 7 C) MINUTES T� .. DESCHUTES COUNTY BOARD OF Wednesday, January COMMISSIONERS 8, 1997 Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:02 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Brad Chalfant, Property Manager; Bruce White, Assistant County Counsel; Marty Wynne, Finance Director; Susan Mayea, Management Analyst; Brian Harrington, Planner; Sue Stoneman, Community Relations Specialist; George Read, Community Development Director; Deirdre Malarkey, Regional Problem Solving; and Larry Rice, Public Works Director. 1. ELECTION OF BOARD CHAIR BOARD OF EQUALIZATION CHAIR. AND BUDGET OFFICER FOR 1997 Before the Board was election of the Board Chair, Board of Equalization Chair and Budget Officer for 1997. SWEARINGEN: I move Nancy Schlangen be the Board Chair for the year of 1997. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SWEARINGEN: I move that Bob Nipper be the Chair of the Board of Equalization. SCHLANGEN: I will second that. Commissioner Nipper stated the by State law there did not need to be a County Commissioner on the Board of Equalization. He felt a representative could be appointed to that position and he would not serve as the Chair of the Board of Equalization. Linda withdrew her motion and recommended a citizen be appointed. SCHLANGEN: I would like to nominate Commissioner Swearingen as Budget Officer. NIPPER: I'll second that. KE PU CHED MINUTES 1 JANUARY 8, 1997 _ �� ..,� P 97 A� 2. 3. 4. 6156-2669 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 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 $637.22. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 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 $238.40. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 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 $1,130.69. NIPPER: Move approval subject to review. SWEARINGEN: Second. MINUTES 2 JANUARY 8, 1997 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 01 -tib it� CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT COUNTY5. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARK Before the Governing Body was approval of the weekly accounts payable vouchers for the Bend Library County Service District in the amount of $1,315.78. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 6. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 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 $768.53. NIPPER: Move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Resolution No. 97-001, accepting Petition to vacate a 60 Foot public way, Engineer's report, and signature of Order No. 97-002, setting a Public Hearing on said vacation; 2) authorization for George Read and/or Eric Swansen to approve Change Order #1 for the new Administration Building; 3) reappointment of Donald Fray to Newberry Estates Special Road District Board of Directors; and 4) signature of Exchange Agreement with John Gill for exchange of real property. MINUTES 3 JANUARY 8, 1997 M NIPPER: I'll move approval of consent agenda items. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON EXCHANGE OF REAL PROPERTY WITH THE U.S. FOREST SERVICE IN SISTERS Before the Board was a public hearing on the exchange of real property with the U.S. Forest Service in Sisters. Brad Chalfant reported this proposed exchange was an exchange of two county owned properties. One was a 40 -acre property in the La Pine area near the Deschutes River and a 140 -acre property near Sisters off of Gist Road. In exchange the Forest Service proposes to exchange to the County roughly 260 - acres. A portion of the land in Sisters would serve as a future site for Sisters School District. The Sisters School District has asked Deschutes County for help with acquisition of a site west of the current high school for the future siting of schools. The school district, forest service and the county entered into a Memorandum of Understanding which laid out how the exchange would be done. Neighbors to the North expressed concerns regarding the development which might take place on the property and regarding a rare plant which grows on the northern portion of that property. The rare plant, the Peck's Penstemon, was located along the stream. Brad Chalfant stated there were a couple of steps to the process. The County would do an exchange with the Forest Service under ORS 275.100, at least governing the County's actions with the Forest Service having their own regulations. The County would then have a separate process that would transfer property to the Sister's School District under authority of 271.330. Brad Chalfant stated that th 275.100 requires the Board t authorize this exchange. One best interest of the County value. He felt both of those addressed some confusion about was not a land use process. It process. He stated there was bound by NEPA but the County process. e criteria set forth by ORS o find two things in order to was that the exchange was in the and the exchange was of equal requirements had been met. He the exchange. He stated this was completely different legal no EIS. The Forest Service was does not have to go through that Brad Chalfant stated an appraisal was prepared for this exchange and the values of the properties were equalized. The MINUTES 4 JANUARY 8, 1997 County had no specific use for these two properties. One piece of property was recently acquired through foreclosure. The County had looked as surface mining on the site located on Gist Road, but the county had declined not to do so. He reported there have been numerous petitions, phone calls and letter expressing concerns. Brad noted that some sort of a conservation restriction was still possible. He stated that some discussion had suggested that some sort conservation restriction run to the Deschutes Basin Land Trust. Brad stated he was the president of that organization. He stated there was no financial interest, but if the Board decided they would want to do something like that, he was going to be completely outside of those discussions. Brad stated the County could place some restrictions. He felt the restrictions could be binding if the Board so desired. The Forest Service was interested in the Peck's Penstemon. He reported the Forest Service had put together another Memorandum of Understanding which would obligate the County to consult with them but did not bind the County to take any specific action. Chair Schlangen opened the public hearing. Jeff Sims, Lands Forester with the Forest Service, stated they would like to acknowledge the fine work done by Deschutes County. The exchange parcel was important to the City of Sisters and the Sisters School District. This exchange meets the Forest Service goals of Land Adjustment of Parcels and in the publics interest as far as providing land for future school development. He stated their remaining interest was with the Peck's Penstemon located on the property. We feel the Memorandum of Understanding would enable all parties to work to protect that plant. He felt that if the County wished to give additional protection to that plant, the Forest Service would support that too. Stewart Garrett supported this exchange because it was in the best interest of the school. He would support additional protection for this plant, Peck's Penstemon. There was 10% of the population of this plant located on this property. If the plant loses the legal protection, he requested some sort of conservation easement or additional protection. He felt it made sense to have the Deschutes Basin Land Trust hold the conservation easement. Brian Sultzer, Tollgate property owner, testified in opposition to this exchange. He listed the reasons for his opposition as being an owner of Tollgate subdivision and there would be a possible negative impact on his property values. The entire subdivision would suffer a negative impact because with the Forest Service owning the land, there was a place for MINUTES 5 JANUARY 8, 1997 people in the subdivision to ride their bikes, walk, etc. He also felt it was not in the best interest of the wildlife located on this property. This reduces the amount of scenic federal lands along the scenic by -way. He would like these lands to remain Federal lands. He felt the Memo of Understanding was of no protection to the plant because all it said was that the County acknowledged that it was a sensitive plant. Blaine Taylor, President Tollgate Property Owners, testified in opposition. He submitted a petition on which there were 110 signatures of homeowners within Tollgate which expressed concern regarding the exchange. Betty Marquardt submitted written and oral testimony in opposition to the property exchange. She felt the County should not consider this exchange until the transportation issues in Sisters were addressed. Wynne Francis, Deschutes Basin Land Trust, explained the land trust. He stated it was a non-profit organization that did not have a position on this exchange. He reported they could hold the conservation easement in order to protect this plant. The land trust could enforce the easement in the future if the conservation easement was violated. Steve Swisher, Superintendent of Sisters School District, testified in support of the property exchange. He felt there had been an extensive study done on the growth, enrollment needs, etc. There was some land purchased next to the industrial land which could have been used as a school district site except for the fact that the airport flyway was there. He stated they would like to use that land as living land study area for biology classes. Commissioner Schlangen asked what expertise did the school district have to manage the land with a rare plant. Steve Swisher stated the Forest Service had volunteered to come in and train the staff and students, but they also had a biology teacher who would have some expertise in this area. Rick Isham asked if the school district was to acquire management of the 170 acres, could you see any problem with the conservation easement. Mr. Swisher felt that would enhance the management of that rather than make it more difficult. Mike Maier asked if the School District would be able to participate financially. Mr. Swisher stated they would need to discuss that but all school districts were short of cash. MINUTES 6 JANUARY 8, 1997 9. 0156-26'74 Commissioner Nipper asked if Mr. Taylor if the Homeowners of Tollgate would be interested in putting in some financing for the conservation easement. Mr. Taylor stated he could not speak for the entire Board, but he felt they would consider it. David Bradney, a Botonist, strongly suggested a conservation easement in the land exchange. Wynne Francis reviewed costs involved with the conservation easement, if the Deschutes Basin Land Trust were involved. Brad Chalfant stated the school district was currently working on an application to partition that property. Chair Schlangen stated the public hearing would be continued for three weeks to January 29, 1997, at the regular board meeting. FAIRGROUNDS Before the Board was approval of Lombard, Conrad as the Architect selected for the new Deschutes County Fairgrounds. Elton Gregory reported there were 8 requests for proposals submitted. He stated there were 3 firms interviewed. The recommended Architect was Lombard, Conrad for the Deschutes County Fairgrounds. SWEARINGEN: I move approval of the architect selected for the new Fairgrounds. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. SIGNATURE OF RESOLUTION NO 97-002, REFERRING THE SHERIFF'S THREE YEAR SERIAL LEVY TO THE VOTERS AT THE MARCH 11, 1997, ELECTION Before the Board was signature of Resolution No. 97-002, referring the Sheriff's Three Year Serial Levy to the voters at the March 11, 1997, election. This item was continued to Thursday, January 9, 1997, at 1:30 p.m. MINUTES 7 JANUARY 8, 1997 V 1.1 -106.OIL � t� TRANSFERRING 11. SIGNATURE OF RESOLUTION NO, 97-004x APPROPRIATIONS WI IN THE 1996/97 DESCHUTES COUNTY BUDGET AND SIGNATURE OF RESOLUTION No. 97-005, AMENDING RESOLUTION NO, 96-147 Before the Board was signature of Resolution No. 97-004, transferring appropriations within the 1996/97 Deschutes County Budget and signature of Resolution No. 97-005, amending Resolution No. 97-147. SWEARINGEN: I move approval of Resolution No. 97-004 and 97-005. SCHLANGEN: I'll second that motion VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES Before the Board was signature of Resolution No. 97-006, establishing the Community Corrections Adult (Jefferson County) Fund. Marty Wynne reported the Finance Department would be monitoring this as to the availability of funds. SWEARINGEN: I move approval of Resolution No. 97-006, establishing the Community Corrections Adult Fund (Jefferson County). SCHLANGEN: I'll second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES Before the Board was appointment of John Schubert and Al Tozer to the Urban Area Planning Commission. George Read reported there had been twelve very good applicants for the Urban Area Planning Commission. He recommended appointing John Schubert and Al Tozer to be Planning Commissioner Member. NIPPER: I move appointment of John Schubert and Al Tozer to the Urban Area Planning Commission. MINUTES 8 JANUARY 8, 1997 SWEARINGEN: VOTE: Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES �ID 14. APPROVAL OF COST BENEFIT ANALYSIS CONSULTANT AS APPROVED BY LEGISLATURE FOR PROJECT Before the Board was approval of a cost benefit analysis consultant as approved by Legislature for project. Deidre Malarkey asked this document be approved subject to review. SWEARINGEN: I move approval of the cost benefit analysis consult subject to review. SCHLANGEN: Second the motion. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 15. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $157,118.37. SWEARINGEN: I move approval of the weekly accounts payable vouchers subject to review. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES 16. SIGNATURE OF MYLAR FOR ELKHORN ESTATES, PHASE 4, OFF OF ROCK BLUFF LANE IN THE CITY OF BEND Before the Board was signature of a mylar for Elkhorn Estates, Phase 4, off of Rock Bluff Lane in the City of Bend. SWEARINGEN: SCHLANGEN: VOTE: MINUTES 9 I move signature of mylar for Elkhorn Estates, Phase 4. I'll second the motion. SCHLANGEN: YES NIPPER: EXCUSED SWEARINGEN: YES JANUARY 8, 1997 01.56-467"1 DATED this 8th day of January, 1997, by the Deschutes County Board of Commissioners. i 7'T' : Recording Secretary Nancy,Aopd� Sc4langen, Chair ,7 Ro rt L. Nipper, ConuAiksioner Linda L. Swearingen, Commissioner MINUTES 10 JANUARY 81 1997