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1997-17000-Minutes for Meeting March 05,1997 Recorded 5/19/199797-17000 MINUTES 0161-2586 DESCHUTES COUNTY BOARD OF COMMISSI -N-E-W--�,.y 1 q; Wednesday, March 5, 1997 Chair Nancy Pope Schlangen called the Board of County �tO,-' ritn�s� ,v rs meeting to order at 10:09 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; Dave Leslie, Planner; Sue Stoneman, Community Relations Specialist; Marty Wynne, Finance Director; Gary Giersdorf, Corrections; Mike Viegas, Risk Manager; Sue Brewster, Assistant County Counsel; Tom Blust, County Engineer; Damian Syrnyk, Planner; George Read, Community Development Director; Kevin Harrison, Planner; and Ron Meckler, 9-1-1 Director. 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 $427.66. SWEARINGEN: So moved. NIPPER: 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 9-1-1 County Service District in the amount of $5,164.18. SWEARINGEN: Move approval of the weekly accounts payable vouchers for 9-1-1 County Service District subject to review. NIPPER: Second M,ICROF�M�D MINUTES 1 MARCH 5, 1997 ����� 1lr1�`9"`C97 KEYPUNCHED MAY 1 V 1997 3. 4. 5. 0161-268 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 Redmond Library County Service District in the amount of $34,913.00. NIPPER: Move approval subject to review. 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 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 $1,323.35. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Contract with David Evans & Associates to perform study of underground fire at Bend Demolition Site; 2) signature of Resolution No. 97-027, initiating River Woods Circle Local Improvement District; 3) approval of out-of-state travel for Dave Peterson to attend to annual Multi -Value Computer Symposium; 4) signature of renewal of radio transmission and receiving site Lease Agreement with Northwest MINUTES 2 MARCH 5, 1997 6. 0161=29588 Antenna Site Services on Awbrey Butte; 5) signature of Resolution No. 97-027, declaring the necessity to acquire and purpose of acquiring fee simple title to certain real property; 6) signature of Intergovernmental Agreement between Deschutes County and The City of Redmond regarding Aspen Creek; 7) signature of Final Plat for MP -96-34 for Joop Co. LLC/John Kingery, property located at 18624 Pinehurst; 8) signature of Intergovernmental Agreement Between the State of Oregon and Deschutes County to contract to buy back prison beds from State for 1145 offenders; 9) signature of Resolution No. 97-028, rescheduling a Public Hearing and publication of notice, Nunc Pro Tunc to February 5, 1997; 10) signature of Lottery Grant Contracts; 11) appointment of Betty Marie Baker and reappointment of Annette Minix to Special Transportation Committee; 12) appointment of Toni Anderson to the Public Safety Coordinating Council; 13) appointment of Cory Smith and reappointment of Greg Brown to the Local Alcohol & Drug Planning Committee; 14) appointment of Joan Jacobsen and Louise Linton to the Extension Advisory Council; 15) appointment of Frank Deggendorfer and Ernest DeCort and reappointment of Parker Johnstone to the Extension Budget Committee and appointment of Tony Hill as an Alternate; and 16) increasing Assistant County Counsel Position from part- time to full-time effective April 1, 1997 - R. Isham NIPPER: I'll move approval of the consent agenda items. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON ADOPTION OF ORDINANCE NO. 97-006, AMENDING TITLE 18 OF THE DESCHUTES COUNTY CODE, TO ADD A PROVISION REGARDING ROCK CRUSHING Before the Board was a public hearing on adoption of Ordinance No. 97-006, amending Title 18 of the Deschutes County Code to add a provision regarding rock crushing. Dave Leslie stated this ordinance would establish a provision to allow rock crushing outside of surface mining zones. It would amend the definition of surface mining to exclude crushing used for on site construction purposes from the definition of surface mining. It would also set up a two tiered approach to the rock crushing activity. The crushing equipment and the activity directly associated with that crushing would need to be located 500 feet from the nearest noise or dust sensitive use unless a waiver to that setback was submitted. The crushing equipment would need to be MINUTES 3 MARCH 5, 1997 0161-2589 removed within 30 days. In order not to allow for surface mining activity to be occurring, no offsite materials would be able to be brought from offsite for crushing. The amount of material excavated would be limited to that which was necessary for the primary construction activity. Dave Leslie reported there were three conditions for outright permitted uses. If a crushing activity met those provisions, then no permit was required from the County. The time period was specified, water would need to be available to control dust and sixty consecutive days would be the time period which would include setting equipment, crushing and completion of crushing. Rick Isham asked if the excess material from the site could be sold. Dave Leslie stated it could. Chair Schlangen opened the public hearing. Hap Taylor, Hap Taylor & Sons, testified in support of this ordinance. He stated his company was trying to make sure the crusher was not in one location for an extended period of time. He stated he would be crushing everything so there will be some dust problems, but the construction company would be responsible for keeping the dust under control after the crusher moved out. There being no further testimony, the public hearing was closed. NIPPER: I'll move first and second reading of Ordinance No. 97-006, amending Title 18 of the Deschutes County Code, adding a provision regarding rock crushing, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-006, by title only. NIPPER: SWEARINGEN: VOTE: MINUTES 4 I'll move adoption of Ordinance No. 97-006. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MARCH 5, 1997 7 . E -p 0161-290 Before the Board was signature of Resolution No. 97-018, transferring appropriations within the 1996/97 Deschutes County Budget. Marty Wynne reported this was a transfer out of materials and services into capital outlay. NIPPER: I'll move signature of Resolution No. 97-018, transferring appropriation within the 1996/97 Deschutes County Budget. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES ADOPTION OF ORDINANCE NO, 97-009, ADOPTING CHAPTER 2.54, ADMINISTRATION, OF THE DESCHUTES COUNTY CODE TO ESTABLISH A STATE -MANDATED COUNTY CORRECTIONS SUPERVISORY AUTHORITY BOARD Before the Board was adoption of Ordinance No. 97-009, adopting Chapter 2.54, Administration of the Deschutes County Code to establish a State -mandated County Correction Supervisory Authority Board. SWEARINGEN: I move first and second reading of Ordinance No. 97-009, by title only. NIPPER: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: Chair Schlangen performed the first and second reading of Ordinance No. 97-009, by title only. NIPPER: SWEARINGEN: I'll move adoption of Ordinance No. 97-009. Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 5 MARCH 5, 1997 0161-2591 SIGNATURE OF PERSONAL SERVICES CONTRACT BETWEEN DESCHUTES COUNTY AND CHEK CONSTRUCTION COMPANY FOR THE RELOCATION OF A MANUFACTURED HOME Before the Board was signature of a Personal Services Contract between Deschutes County and Chek Construction Company for the relocation of a manufactured home. Mike Viegas, Risk Manager, reported the slope of the roof on the manufactured home had been approved by the City of Bend. NIPPER: I'll move signature of Personal Services Contract with Chek Construction Company for the relocation of a manufactured home. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. ADOPTION OF INTERIM WIRELESS FACILITIES ORDINANCE NO. 97-017, TO REGULATE THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES Before the Board was adoption of Ordinance No. 97-017, an interim wireless facilities ordinance for siting wireless telecommunications facilities. Damian Syrnyk reported the ordinance would not be ready for adoption until Wednesday, March 12, 1997, TWENTY - FOU Before the Board was signature of a mylar for Awbrey Butte Homesites, Phase Twenty-four. SWEARINGEN: I'll move signature of mylar for Awbrey Butte Homesites, Phase Twenty-four. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $362,994.91. MINUTES 6 MARCH 5, 1997 0161-2592 NIPPER: I'll move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. SIGNATURE OF ORDER NO 97-035, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Order No. 97-035, authorizing the refund of taxes. SWEARINGEN: I move signature of Order No. 97-035, authorizing the refund of taxes. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 5th day of March, 1997, by Deschutes County Board of Commissioners. ATT ST: Recording Secretary �inda L. Swe ng , o 'over MINUTES 7 MARCH 5, 1997