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1997-17003-Minutes for Meeting March 19,1997 Recorded 5/19/19979'7-1'7003 0161-2613 MINUTES DESCHUTES COUNTY BOARD OF COMMISST X9-9 March 19, 1997 Chair Nancy Pope Schlangen called the Board of Country Comasoners 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; Bruce White, Assistant County Counsel; Kevin Harrison, Planner; Sue Stoneman, Community Relations Specialist, and Paul Blikstad, Planner. 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 in the amount of $542.66. 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 FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was the approval of the weekly accounts payable vouchers for the 9-1-1 County Service district in the amount of $6,349.66. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 1 MARCH 19y 1997 rEYPUNCh"C� .✓ J iy97 3. 4. 5. 0161-2614 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 $3,722.92. 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 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 $56.51. SWEARINGEN: Move approval subject to review. NIPPER: I'll second it. 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 in the amount of $4,844.00. NIPPER: SWEARINGEN: Move approval subject to review. Second. MINUTES 2 MARCH 19, 1997 6. 7. 0161-2615 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS •z a �b__. Consent agenda items before the Board of County Commissioners were: 1) signature of Resolution No. 97-031, declaring Deschutes County's decision to participate in the expenditure of funds for Dispute Resolution Program within Deschutes County; 2) signature of Resolution No. 97-033, amending Resolution No. 97-019, transferring appropriations within the 1996/97 Deschutes County Budget; 3) signature of Order No. 97- 046, transferring cash within various funds of the 1996/97 Deschutes County Budget; 4) signature of Resolution No. 97- 037, creating Abatement Program Fund and making 'appropriations; 5) signature of Partition Plat MP -96-49, to create two parcels of land in the RL Zone located at 63760 Highway 97 for Sean and Stacey Prior; 6) signature of Resolution No. 97-034, transferring appropriations within the 1996/97 Deschutes County Budget; and 7) signature of Order No. 97-047, transferring cash within various funds of the 1996/97 Deschutes County Budget SWEARINGEN: Move approval of the consent agenda items. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES APPROVAL OF REFERRING THE SHERIFF'S SERIAL LEVY TO THE VOTERS Before the Board was approval of referring the Sheriff's Serial Levy to the voters on the May, 1997, ballot. NIPPER: I'll move that we approve an election for the Sheriff's Serial Levy in the amount of $6.9 million for one year. SWEARINGEN: VOTE: SWEARINGEN: Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES I move approval of ballot title subject to review. MINUTES 3 MARCH 19, 1997 0161-2616 NIPPER: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: 8. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO 97-022, AMENDING TITLE 18, SECTION 18 128 040, TO ALLOW PRIVATE SCHOOLS ON SMALLER PARCELS Before the Board was a public hearing on adoption of Ordinance No. 97-022, amending Title 18, Section 18.128.040, to allow private Schools on smaller parcels. Paul Blikstad reported this was a legislative change. Chair Schlangen opened the public hearing. Ken Brinich testified in support of the proposed ordinance. There being no further testimony, the public hearing was closed. NIPPER: I'll move first and second reading of Ordinance No. 97-022, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-022, by title only. NIPPER: I'll move adoption of Ordinance No. 97-022. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 9. PUBLIC HEARING ON ADOPTION OF ORDINANCE NO, 97-023, AMENDING TITLE 18, SECTION 18 48 020, TO INCLUDE CLASS I. II AND III ROAD PROJECTS IN THE OPEN SPACE AND CONSERVATION ZONE Before the Board was a public hearing on adoption of Ordinance No. 97-023, amending Title 18, Section 18.48.020, to include Class I, II and III Road Projects in the Open Space and Conservation Zone. MINUTES 4 MARCH 19, 1997 0161-2611 Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I'll call for the first and second reading of Ordinance No. 97-023, by title only. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-023, by title only. SWEARINGEN: I move adoption of 97-023. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. PUBLIC HEARING ON LOWER BRIDGE ESTATES ANNEXATION INTO RURAL FIRE PROTECTION DISTRICT #1 AND SIGNATrTRE OF ORDER NO. 97-027 Before the Board was a public hearing on the Lower Bridge Estates annexation into Rural Fire Protection District #1 and signature of Order No. 97-027. Bruce White reported this issue was more confusing because of Measure 47. Chief Majors, Rural Fire Protection District #1, met with the Fire District Board of Directors. The policy was not to annex because of Ballot Measure #47. Chair Schlangen opened the public hearing and continued it to be reconvene at 3 p.m. on Thursday, March 20, 197. 11. CTC`NATU OF NOTIC OF MEASURE ELECTION FOR THE FORMATIQN OF LA PINE WATER DISTRICT This item will be continued to 3 p.m. on Thursday, March 20, 1997. MINUTES 5 MARCH 19, 1997 6161-2618 11111111 Pip Before the Board was adoption of Ordinance No. 97-011, amending Chapter 6.12, Livestock Kills, of the Deschutes County Code. Linda Swearingen reviewed the revisions suggested to the ordinance. Nancy Schlangen expressed her concerns regarding this ordinance even though she was not able to attend the public hearing. Commissioner Swearing reported Judge Tiktin had remanded the Jessie and Chase issue back to the Dog Board of Supervisors. Chris Eck, attorney for the dog owner, testified in support of the ordinance. Myer Avedovich, attorney for the Board of Supervisors, stated his clients opposed the adoption of this ordinance. The Board will reconvene on this issue at 1:00 p.m. today. The Board of County Commissioners reconvened at 1:17 p.m. to discuss Ordinance No. 97-011. Rick Isham reviewed the proposed changes in the ordinance with Board. NIPPER: I move first and second reading of Ordinance No. 97-011, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Commissioner Swearingen performed the first and second reading of Ordinance No. 97-011, by title only. NIPPER: SWEARINGEN: VOTE: I move adoption of Ordinance No. 97-011. Second. SCHLANGEN: NIPPER: SWEARINGEN: MINUTES 6 MARCH 19, 1997 EXCUSED YES YES 0161-2619 � • :_� :_� � __ � _ �_ • � • � _. � _ it _ • �� • � Before the Board was adoption of Ordinance No. 97-013, amending 4.08.080, Definition -Tax Administrator, of the Deschutes County Code. SWEARINGEN: I move for the first and second reading of Ordinance No. 97-013, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 97-013, by title only. NIPPER: Move adoption of Ordinance No. 97-013. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. SIGNATURE OF ORDERS NO 97-0364 97-037, 97-038, and 97-039, AU'T'HORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 97-036, 97-037, 97-038 and 97-039, authorizing the refund of taxes. SWEARINGEN: I move for signature of Orders No. 97-036, 97- 037, 97-038 and 97-039. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF MYLAR FOR TUMALO HEIGHTezr A PLANNED UNIT DEVELOPMENT Before the Board was signature of a mylar for Tumalo Heights, a Planned Unit Development. SWEARINGEN: I move signature of mylar for Tumalo Heights, a Planned Unit Development. MINUTES 7 MARCH 19, 1997 0161-2620 NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $568,916.89. NIPPER: I move approval of weekly accounts payable vouchers subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 19th day of March, 1997, by the Deschutes County Board of Commissioners. ATTEST: Recording Secretary 4� A "I L Linda L. Swearingen, ommissioner MINUTES 8 MARCH 19, 1997