1997-12067-Minutes for Meeting January 29,1997 Recorded 4/10/1997C)
97-12067 f� ,
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, January 29, 1997 , T"cp->
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:00 A.M. Count 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; Kevin
Harrison, Planner; Dave Leslie, Planner; Damian Syrnyk, Planner;
Paul Blikstad, Planner; Brian Harrington, Planner; Sue Stoneman,
Community Relations Specialist; Greg Brown, Sheriff; and Bruce
White, Assistant County Counsel.
CONVENE AS THE GOVERNING BODY OF THE 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 $1,625.70.
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
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 $1193.16.
NIPPER:
SWEARINGEN:
VOTE:
MINUTES 1
Move approval
subject
to review.
Second.
SCHLANGEN :
YES
NIPPER:
YES
SWEARINGEN:
YES
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CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY
SERVICE DISTRICT
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 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 300.00.
SWEARINGEN:
NIPPER:
VOTE:
So moved.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF 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 $208.07.
NIPPER:
SWEARINGEN:
VOTE:
Move approval.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
Consent agenda items before the Board of County Commissioners
were: 1) signature of Resolution No. 97-012, declaring the
intent to transfer the Reversionary Rights to real property to
the American Legion; 2) signature of Resolution No. 97-013,
declaring certain equipment surplus and directing disposition;
3) approval of out-of-state travel for Gabriele Taylor for
training; 4) signature of Plat for Judy Neel located at 2660
S.W. Helmholtz in Redmond; 5) appointment of Brenda Towell to
Special Road District #6 Board of Directors; 6) signature of
Order No. 97-018, assigning the road name of Mockingbird Lane
to a road off of Blue Eagle Road; 7) signature of Order No.
97-019, assigning the road name of Dipper Lane to a road off
MINUTES 2 JANUARY 29, 1997
6.
of Blue Eagle Road; 8) signature of Order No. 97-020,
assigning the road name of Trumpeter Lane to a road off of
Blue Eagle Road; 9) signature of Order No. 97-021, assigning
the road name of Gold Crest Lane to a road off of Blue Eagle
Road; 10) adoption of Policy No. P-005-97, adopting Grievance
Procedures for complaints of alleged discrimination based on
disability; 11) signature of Resolution No. 97-021,
appropriating new grant funds in the Special Transportation
Fund; 12) reappointment of Connie Brodehl & Jerry Stichler to
the Redmond Urban Area Planning Commission; and 13) signature
of Personal Services Contract with Phillips Design for COBRA
facility expansion.
NIPPER: I'll move approval of consent agenda items.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
CONTINUED PUBLIC HEARING ON THE EXCHANGE OF REAL PROPERTY WITH
U.S. FOREST SERVICE IN SISTERS
Before the Board was a continued public hearing on the
exchange of real property with the U.S. Forest Service in
Sisters.
Brad reported this was a continuation of a public hearing held
three weeks ago., The county would be trading 240 acres in
Sisters and 40 acres on Grey Wolf Drive in La Pine in exchange
for 260 acres from Deschutes National Forest. At a later date
there would a transfer of 80 acres to Sisters School District
for a future school site with the balance of that remaining
the county's. He stated there had been concern expressed by
neighbors with respect to the rare plant, Peck's Pencesteman.
Jim Bussard, Deschutes Basin Land Trust Board Member, felt he
could be of help with a conservation easement. A budget was
presented along with the letter of interest.
Patricia Gainsworth, Deschutes Soil & Water Conservation
District, testified in support of this. She stated the
District would like to be involved in this as a partner.
Howard Paine testified in opposition of this land exchange.
He felt the County should not get into the business of
managing forest lands. He felt the Forest Service had the
funds and services to provide protection for the land. He
felt there were numerous negative concerns regarding this land
exchange. He submitted written testimony.
MINUTES 3 JANUARY 29, 1997
7.
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William Boyer, Chairman of Alliance of Responsible Land Use,
testified in opposition to this land exchange. He felt this
exchange would lead cost the County more time and money. He
felt the Forest Service would be the best to manage this land.
Betty Marquardt testified in opposition to the land exchange.
She felt the land should remain in the hands of the Forest
Service. She felt the Sisters School District had enough
land. She felt Oregon Department of Transportation should get
involved.
Russell Williams, Sisters resident, testified in opposition to
the land exchange. He submitted a copy of written testimony.
Blaine Taylor, Tollgate Owners Association, testified. He
stated he would take this issue to his Board.
David Bradney testified regarding the size of acreage for the
rare plant as being too small. He felt all the acreage must
be fenced. He proposed a five strand barbed wire fence. He
stated the intent of fencing was to keep the vehicles out, but
not necessarily people or wildlife.
Commissioner Nipper asked if the Forest Service was more able
to protect the plant.
Karen Shimimoto, U.S. Forest Service, responded that the
budget was very limited for protecting plants.
Commissioner Schlangen stated she did not have a problem with
making a decision today, but she had a problem with not having
a plan.
SWEARINGEN: I move approval of the exchange of real
property with U.S. Forest Service in Sisters
subject to approval of a formalized plan.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
SIGNATURE OF CONTRACT WITH ARBITRAGE COMPLIANCE SPECIALISTS.
INC.
Before the Board was signature of a contract with Arbitrage
Compliance Specialists, Inc.
Mike Maier reported this contract was to audit all of our
bonds.
MINUTES 4 JANUARY 29, 1997
uo w" UjL
SWEARINGEN: I move approval of signature of contract with
Arbitrage Compliance Specialists.
NIPPER: I second it.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
8. SIGNATURE OF RESOLUTION NO. 97-015, TRANSFERRING
APPROPRIATIONS WITHIN THE 1996/97 DESCHUTES COUNTY BUDGET
Before the Board was signature of Resolution No. 97-015,
transferring appropriations within the 1996/97 Deschutes
County Budget.
NIPPER: I'll move signature of Resolution No. 97-015,
transferring appropriations within the 1996/97
Deschutes Count Budget.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
9. SIGNATURE OF RESOLUTION NO. 97-016, ESTABLISHING THE COMMUNITY
CORRECTIONS ADULT (JEFFERSON COUNTY) FUND AND APPROPRIATING
FUNDS
Before the Board was signature of Resolution No. 97-016,
establishing the Community Corrections Adult (Jefferson
County) Fund and appropriating funds.
NIPPER: I'll move signature of Resolution No. 97-016,
establishing the Community Corrections Adult
Fund and appropriating funds.
SWEARINGEN: Second.
VOTE: SCHLANGEN:
NIPPER:
SWEARINGEN:
10. DECISION OF WHETHER TO HEAR AN APPEAL CU -96-85 OF HEARINGS
OFFICER'S APPROVAL OF A CELL PHONE SITE WITH A 150 FOOT POLE
FOR WESTERN PCS
Before the Board was a decision of whether to hear an appeal
CU -96-85 of Hearings Officer's approval of a cell phone site
with a 150 foot pole for Western PCS.
MINUTES 5 JANUARY 29, 1997
Damian Syrnyk reported this was an appeal of a Cellular
Telephone Facility located on Highway 20. He stated the
antenna would be flush with the pole even though it was 150
feet tall. The 120th day was March 6, 1997, which was the
last day the County could take action. A ten days notice
would be needed.
Staff recommended the Board hear the appeal de novo as there
was new information that should be considered, but the Board
would have the opportunity to decline review, hear it de novo
or hear it on the record.
NIPPER: I'll move that we hear the appeal of CU -96-85,
the Hearings Officer's of approval of a
cellular phone site de novo and Signature of
Order No. 97-023.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
... ... . . . . .
M -M 51 • TO I•
Before the Board was a verbal decision on Appeal A-97-1 of an
8 -lot subdivision on 15 -acres in an RSR -5 Zone in Tumalo.
Paul Blikstad reported this application was submitted to the
County in October, 1996. The Hearing Officer heard this issue
on November 19, 1996, with the record left open until December
2, 1996. The appeal was submitted in a timely matter. The
Board heard this issue on the record and allowed 10 days for
written testimony. Paul stated there were two main issues.
One of the issues was whether the Hearings officer erred in
construing Policy No. 46 of the Tumalo Rural Service Center.
The second issue was whether the Hearings Officer erred in
applying Section 18.72.050 b, rather than subsection c of that
same section of the County Code. Paul felt subsection b was
applicable rather than c.
Bruce White, Assistant County Counsel, stated there were
procedural issues that needed to be reviewed. He stated there
had been some issues made of the Board's decision to hear it
on the record. Bruce reviewed the written testimony
submitted.
Commissioner Swearingen felt the Hearings Officer did err in
interpreting the Tumalo Rural Service Center Comprehensive
Plan Policy No. 46 on Page 60 of the Deschutes County
Comprehensive Plan. She didn't feel the zoning ordinance
MINUTES 6 JANUARY 29, 1997
X06-' x'03
could be stretched to mean that smaller lots could be in the
higher area.
Commissioner Nipper agreed with Commissioner Swearingen in the
fact that the Hearings Officer erred.
SWEARINGEN: I move we overturn the Hearings Officers
decision and deny the application, interpret
the policy plan to be a 5 acre minimum, and
subsection C would apply to this property.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
. . . .. . . .. . .
Before the Board was signature of the Fair Labor Standards Act
Policy.
NIPPER: I'll move approval of the Fair Labor Standards
Act Policy subject to review.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $598,034.21.
SWEARINGEN: I move approval of the weekly accounts payable
vouchers subject to review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Before the Board was signature of mylar for Mason Estates, a
28 -lot Subdivision, on Mason Road and Post Avenue in the City
of Bend.
MINUTES 7 JANUARY 29, 1997
SWEARINGEN: I move approval of signature of mylar for
Mason Estates.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
15. SIGNATURE OF RESOLUTION NO, 97-022, APPROVING THE CONTRACT
WITH W.H. PACIFIC FOR THE EAGLE CREST/CLINE FALLS HIGHWAY 126
PROJECT
Before the Board was signature of Resolution No. 97-022,
approving the contract with W.H. Pacific for the Eagle
Crest/Cline Falls Highway 126 project.
SWEARINGEN:
NIPPER:
VOTE:
So moved.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
DATED this 29th day of January, 1996, by the Deschutes County
Board of Commissioners.
, Chair
R�1>6rt L. Nipper, CokOissioner
A T:
Recording Secre ary inda L.'-9wearingent-Cbmissioner
MINUTES 8 JANUARY 29, 1997