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1997-14218-Minutes for Meeting February 19,1997 Recorded 4/24/1997/Y Y 9'� -3 ��lfi MINUTES - DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, February 19, 1997 - Chair Nancy Pope Schlangen called the Board of County CommissiO�*Irs Meeting to order at 10:10 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Dennis Morris, Public Works; George Read, Community Development Director; Rick Isham, County Counsel; Kevin Harrison, Planner; Bruce White, Assistant County Counsel; Beverly Wilson, Legal Assistant; Tom Blust, Public Works Director; Paul Blikstad, Planner; Susan Mayea, Management Analyst; and Marty Wynne, Finance Director. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR THE 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 $106.28. 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 THE 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 $110.45. SWEARINGEN: Move approval of the weekly accounts payable vouchers for the 9-1-1 County Service District. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 1 FEBRUARY 19, 1997 3. C,F 5. &J 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 $15.06. NIPPER: Move approval. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 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 $31,960.84. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 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 $652.43. NIPPER: SWEARINGEN: VOTE: MINUTES 2 I'll move approval subject to review. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES FEBRUARY 19, 1997 RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS 6. _PUBLIC HEARING ON SIGNATURE OF ORDER NO. 97-025, APPROVING LOWER BRIDGE ESTATES ANNEXATION INTO RURAL FIRE PROTECTION DISTRICT #1 Before the Board was a public hearing on signature of Order No. 97-025, approving Lower Bridge Estates annexation into Rural Fire Protection District #1. Beverly Wilson reported the petition had been received to annex territory of the Lower Bridge Estates into RFPD #1. It had been approved by the District. The notices were posted and published. She reported there were not 100% signatures therefore there would need to be a second hearing on March 12, 1997. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I'll move signature of Order No. 97-025, approving Lower Bridge Estates annexation into Rural Fire Protection District #1 and setting a second public hearing on March 12, 1997. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. PUBLIC HEARING ON SIGNATURE OF ORDER NO. 97-024, APPROVING WIDGI CREEK ANNEXATION INTO RURAL FIRE PROTECTION DISTRICT #2 Before the Board was a public hearing on signature of Order No. 97-024, approving Widgi Creek annexation into Rural Fire Protection District #2. Beverly Wilson reported this was the Widgi Creek Golf Course subdivision. A second hearing would need to be held on March 12, 1997. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. NIPPER: I'll move signature of Order No. 97-024, approving Widgi Creek annexation into Rural Fire Protection District #2 and calling for a second hearing also on March 12, 1997. SWEARINGEN: Second. MINUTES 3 FEBRUARY 19, 1997 a VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON SIGNATURE OF ORDER NO. 97-003, VACATING A PORTION OF A 60 FOOT PUBLIC RIGHT-OF-WAY IN SECTION 34, TOWNSHIP 16, RANGE 11 EAST Before the Board was a public hearing on signature of Order No. 97-003, vacating a portion of a 60 foot public right-of- way in Section 34, Township 16, Range 11 East. Tom Blust reported this was an area off of Pinehurst Road. Tom recommended the public hearing be held and sign the order contingent upon receiving the dedication. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I move signature of Order No. 97-003, subject to receiving the dedication of the other 30 feet. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON 1997 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Before the Board was a public hearing on the 1997 Community Development Block Grant Program. Susan Mayea reported Deschutes County currently has two Community Development Block Grants. Each entity was allowed to have three open grants. She had submitted an application for the Terrebonne Water System. She reported the application was returned because of some deficiencies, including the fact that the two required public hearings were too far apart. Chair Schlangen opened the public hearing. Susan Mayea requested that the Board consider submitting the Terrebonne Domestic Water improvement project for block grant funds. She stated she was applying for the remaining $652,000 to go toward the construction phase. The maximum Community Development Block Grants for infrastructure was $750,000. She reported they used about $98,000 for the first two phases which was the master plan and the final design. The remaining money was for the portion of construction known as Phase I of MINUTES 4 FEBRUARY 19, 1997 the master plan. Other funds for the project have been committed by Rural Development. Susan Mayea reported the improvements to the Terrebonne Domestic Water System were necessary to bring the current system up to standards including the extension of fire protection. At this time there was very little fire protection in Terrebonne. The existing water storage was 27,000 gallons which was inadequate for peak demands and fire protection. The existing pump station allows pressures to drop below Oregon Health Division standards which allows potential contaminates to enter the system. Deficiencies in both existing wells have been noted by the Health Department. The system was made up of randomly distributed pipes which were inefficient. The major portion of the Phase I project was installing and building a new reservoir. They were going from a 27,000 gallon capacity to 250,000. No other projects were submitted for consideration. There being no further testimony, Chair Schlangen closed the public hearing. The second public hearing will be held on Monday, February 24, 1997, at 10 a.m. 10. DECISION ON LOST TRACKS GOLF COURSE APPEAL ON THE CLUBHOUSE AND MAINTENANCE BUILDING Before the Board was a decision on Lost Tracks Golf Course Appeal on the Clubhouse and maintenance building. Paul Blikstad reported the appeal of the maintenance building was withdrawn the previous week. He stated the only decision the Board needed to make would be the on regarding the site plan for the clubhouse and the parking area. Rick Isham reported he had met with Paul Blikstad and Kevin Harrison. He stated one of the main issues on appeal was the 65% open space. In the findings there was a request for establishing a golf course and subdivision. In the approval those permits provide the applicant shall either submit a master plan or separate tentative plats. The question was when does that 65% open space have to be met. He stated there was a collateral issue because of the way it was worded. He felt it had been indicated the golf course and clubhouse was intended to be open space. You can't build a building on the golf course as it was designated as open space. If you look at the conditional use approval, within the proposal the clubhouse and maintenance building were identified. If you go through the decision, there are other references to the applications for the clubhouse and maintenance buildings. The subsequent applications were MINUTES 5 FEBRUARY 19, 1997 within this master plan development. He stated because of an alleged imprecision use of language, you could never have a clubhouse on the golf course. He stated the golf course can only be open space therefore the golf course accessory uses would not be allowed or if they were allowed you would not be able to meet the 65% open space. Rick Isham stated if you go back the golf course was not defined in acreage. Rick Isham stated there were two places where the approval was binding on the applicant and the County. Commissioner Swearingen felt the Hearings Officer had erred in his findings and that they have met or can meet the 65% open space requirement. She also felt that when the golf course was approved everyone knew that along with the golf course came a clubhouse and maintenance building. She reiterated that the Hearings Officer had erred in his findings. Rick Isham stated there was a lot of testimony regarding hours of operation, restaurant, etc. Paul Blikstad stated there was an issue raised regarding the entrance road, but didn't feel that it was an issue because it was approved in the master plan. Commissioner Schlangen stated that the road entrance was not appealed. SWEARINGEN: I move we approved SP -96-34, where the applicant was requesting approval for a site plan for a clubhouse and related parking for a previously approved 18 hole golf course on land zoned RR -10. NIPPER: Second. Commissioner Nipper felt this very well could have been a land use action accepted by the developer and adjacent property owners. He stated if he had the ability he would have required the entrance and exit go through Sunset View Estates to get to the clubhouse. He felt in the nature of trying to get along with the neighbors, it would have been worthwhile. Commission Nipper stated he knew the opponents and felt they had not been treated fairly. Commissioner Schlangen felt it was necessary to approve the clubhouse, the road was not an issue, and the 65% needed to be interpreted as to the timing. She felt the 65% could be met with no problem. MINUTES 6 FEBRUARY 191 1997 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF RESOLUTION NO 97-003, INITIATING THE VACATION OF ALLEY IN BLOCK 19 IN THE LAIDLAW SUBDIVISION, ENGINEER'S REPORT, AND SIGNATURE OF ORDER NO 97-004 SETTING A PUBLIC HEARING Before the Board was signature of Resolution No. 97-003, initiating the vacation of alley in Block 19 in the Laidlaw Subdivision, Engineer's report, and signature of Order No. 97- 04, setting a public hearing. Tom Blust reported they had received a petition to vacate the alley way. The store owners had requested this vacation was because the alley had never been used as an alley and their store encroaches on it. The pumps for the gas station sit in the right-of-way. The Order sets the public hearing date for April 2, 1997. NIPPER: I'll move signature of Resolution No. 97-003, initiating the vacation of alley in Block 19 in the Laid law Subdivision, accepting engineer's report, and signature of Order No. 97-004. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF CONTRACT WITH EXPRESS PERSONNEL SERVICES FOR SEASONAL EMPLOYEES Before the Board was signature of a contract with Express Personnel Services for seasonal employees. Dennis Morris reported there had been a request for bids from four agencies. Express Personnel had been picked even though they weren't the low bidder. Dennis reported they usually hired 25 to 30 temporary personnel during the summer months. He stated by going to bid it would save the Public Works Department about $10,000. Commissioner Nipper expressed concern about not awarding the bid to the low bidder which was Barrett. SWEARINGEN: I move signature of contract with Express Personnel. MINUTES 7 FEBRUARY 19, 1997 13. NIPPER: I'll second it.�- VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF ORDER NO 97-032, TRANSFERRING CASH WITHIN THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 97-032, transferring cash within the 1996/97 Deschutes County Budget. NIPPER: I'll move signature of Order No. 97-032, transferring cash within the 1996/97 Deschutes County Budget. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. SIGNATURE OF RESOLUTION NO 97-017, TRANSFERRING APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE 1996/97 DESCHUTES COUNTY BUDGET Before the Board was signature of Resolution No. 97-017, transferring appropriations within various funds of the 1996/97 Deschutes County Budget. NIPPER: I'll move signature of Resolution No. 97-017, transferring appropriations within various funds of the 1996/97 Deschutes County budget. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. ADOPTION OF ORDINANCE NO 97-008g AMENDING TITLE 22, CHAPTER 22 32, APPEALS, OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 97-008, amending Title 22, Chapter 22.32, Appeals, of the Deschutes County Code. Kevin Harrison reported this had to do with the timing of submitting written materials to the Board. MINUTES 8 FEBRUARY 19, 1997 { \:,! .1. .l a ... l_ tel _— I^ I/ 1,: y — SWEARINGEN: I move first and second reading of Ordinance No. 97-008, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-008, by title only. NIPPER: I'll move adoption of Ordinance No. 97-008. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. SIGNATURE OF MYLAR FOR AWBREY GLEN PINE CANYON PHASE TWO, ON MCCREADY DRIVE Before the Board was signature of a mylar for Awbrey Glen Pine Canyon, Phase Two, on McCready Drive. SWEARINGEN: I move signature of mylar for Awbrey Glen Pine Canyon, Phase Two, on McCready Drive. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 17. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $$685,430.76. SWEARINGEN: I move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 9 FEBRUARY 19, 1997 J 18. APPOINTMENT OF TONI ANDERSON TO THE LOCAL PUBLIC SAFETY COORDINATING COUNCIL Before the Board was appointment of Toni Anderson to the Local Public Safety Coordinating Council. NIPPER: I move appointment of Toni Anderson to the Local Public Safety Coordinating Council. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 19th day of February, 1997, by the Deschutes County Board of Commissioner: ATTEST: ('� )" Z]��] zz,7,4-4,X-� Recording Secreta y `Linda L. Sw arin en, Commissioner MINUTES 10 FEBRUARY 19, 1997