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1997-40497-Minutes for Meeting August 27,1997 Recorded 10/23/19970163-081` 97-4049'7 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONER7 OCT 23 PM 1.36 Wednesday, August 27, 1997 HARY SUE PEINH 0L1 T6 Acting Chair Robert Nipper called the Board of County meeting to order at 10:00 a.m. County Commissioners present were Robert L. Nipper and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Patti Mecca, Property Management; Paul Blikstad, Planner; Bruce White, Assistant County Counsel; George Kolb, Road Department; Roger Kryzanek, Human Services; George Read, Community Development Director; Kevin Harrison, Planner; and Wayne Sorenson, 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 4-H/Extension County Service District in the amount of $758.35. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. AWARD OF CONTRACT TO MOTOROLA, INC FOR 9-1-1 COMMUNICATIONS SYSTEMS MAINTENANCE Before the Governing Body was award of a contract to Motorola, Inc., for 9-1-1 Communications Systems maintenance. SWEARINGEN: NIPPER: VOTE: MINUTES 1 Move approval. Second. SCHLANGEN: NIPPER: SWEARINGEN: AUGUST 27, 1997 EXCUSED YES YES 11,1CROFILMED %OV,5 1997 KEYPU ED 1997 0163=681 3. 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 $3,870.12. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF REDMOND LIBRARY COUNTY SERVICE DISTRICT 4. 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 $650.00. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 5. SIGNATURE OF LETTER OF GUARANTEE TO THE CITY OF BEND FOR WATER/STREET IMPROVEMENTS FOR THE BEND LIBRARY PROJECT Before the Governing Body was a Letter of Guarantee to the City of Bend for water/street improvements for the Bend Library Project. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 2 AUGUST 27, 1997 Mo 7. 0 0163=6819 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 $794.42. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT SIGNATURE OF RESOLUTION NO. 97-121, TRANSFERRING APPROPRIATIONS WITHIN THE 1997/98 SUNRIVER LIBRARY COUNTY SERVICE DISTRICT BUDGET Before the Governing Body was signature of Resolution No. 97- 121, transferring appropriations within the 197/98 Sunriver Library County Service District Budget. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) award of Contract for two new and unused slip skid mounted liquid deicer application systems; 2) award of overlay Contract to R. L. Coats for the Cooley Road/Romaine Village project; 3) award of Contract for equipment purchase from Ben - Ko -Matic for two four wheel self-propelled road sweepers; 4) signature on Intergovernmental Cooperative Improvement Agreement with Oregon Department of Transportation for the Crooked River Bridge; 5) signature of Alcohol & Drug Prevention Grant Agreement between Deschutes County and Central Oregon Family Resource Center; 6) signature of Residential Treatment Grant Agreement between Deschutes County and Rimrock Trails; 7) signature of Intoxicated Driver Program Fund Access Agreement between Deschutes County and Rogue MINUTES 3 AUGUST 27, 1997 9. 0103-0820 Recovery Programs; 8) signature of Grant Award Revision #2 between Oregon Health Division and Deschutes County Health Department; 9) signature of Interagency Agreement between Deschutes County, Crook County, Grant County, Harney County, Jefferson County, Lake County, Wheeler County, the Sara Fisher Project and the American Cancer Society for a Breast and Cervical Cancer Program Grant; 9) signature of Order No. 97- 126, transferring cash among various funds within the 1997/98 Deschutes County Budget; 10) appointment of Joel Dasenko to the Deschutes County Planning Commission; 11) appointment of Suzanne Johannsen as Chair of the Deschutes County Regional Strategies Committee; 12) signature of Liquor Licenses Eagle Ridge Golf Course, Ponderosa Pizza, Vic's Tavern, Wickiup Junction, Deschutes Station Burgers & Pizza, Blondies, Alfalfa Store, La Pine Hiway Center Marketplace, East Lake Resort, The Brand Restaurant, Hot Peppers, Sunriver Chowder House, Terrebonne Mini Market & BP, Village Bar & Grill, RJB's Restaurant & Sport Lounge, Bend Golf Club; and 13) approval of out-of-state travel for Dennis Perkins to attend International Conference of Building Officials in Phoenix, September 21-26, 1997. SWEARINGEN: I'll move approval of the consent agenda items. NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON SIGNATURE OF ORDER NO. 97-120, AUTHORIZING THE EXCHANGE OF CONTINGENT FUTURE INTEREST WITH BEND METRO PARK & RECREATION DISTRICT Before the Board was a public hearing on signature of Order No. 97-120, authorizing the exchange of contingent future interest with Bend Metro Park & Recreation District. Patti Mecca reported this was for reversionary interest with Bend Metro Park & Recreation District. Acting Chair Robert Nipper opened the public hearing. There being no testimony, the public hearing was closed. Bruce White recommended authorizing acceptance of the quit claims upon Legal Counsels review. SWEARINGEN: I move signature of Order No. 97-120, authorizing the exchange of contingent future interests with Bend Metro, sign quit claim MINUTES 4 AUGUST 27, 1997 0163*0821 deeds on parcels 1-3, and acceptance of parcels 4 & 5 (subject to Legal Counsel review). NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 10. PUBLIC HEARING ON PLAN AMENDMENT AND ZONE CHANGE FOR BILL MILLER FOR URBAN GROWTH BOUNDARY CHANGES AND ASSOCIATED PLAN CHANGES AND ZONE CHANGES Before the Board was a public hearing on plan amendment and zone changes for Bill Miller for Urban Growth Boundary changes and associated plan and zone changes. Paul Blikstad reported this was a modification of application which would restart the 120 day clock. Kim with W & H Pacific discussed the change in acreage. She stated there were no people that testified in opposition to this at the public hearing before the Hearings Officer. Commissioner Swearingen felt the increase in acreage was a significant change and it should be discussed thoroughly. Bill Miller stated he increased the acreage in order to have a little more buffer for the surface mining zone. Bruce White felt there needed to be something that indicated the application had changed from 59 acres to 108 acres. He questioned if someone that should have been noticed regarding the increase in size and was not notified. Bill Miller reported he had an aerial photo to review with the Board. Bruce White stated he would be more concerned if there were more parties entitled to notice, but he felt there did need to be some basis for the change of acreage from 59 to 108. Bruce felt this was not the best way to do this. He advised filing for the modification. Commissioner Swearingen asked why they were presented with the change in acreage on such short notice. Kim, W & H Pacific, stated they had just changed the acreage on August 20, 1997. Commissioner Nipper felt the noticed, the applicant should a new public hearing. MINUTES 5 AUGUST 27, 1997 public hearing should be re- file the modification, and set 0163-0822 Commissioner Swearingen stated the Board did not disagree with what was proposed, but they wanted to make sure it was handled correctly. A new public hearing will be scheduled for a later date. 11. DECISION OF WHETHER TO HEAR APPEAL ON CU -97-12(D) FOR DRUG AND ALCOHOL CENTER FOR CENTRAL CASCADE HEALTH SYSTEMS AND SIGNATURE OF ORDER NO. 97-133 Before the Board was a decision of whether to hear appeal CU - 97 -12(D) for a drug and alcohol center for Central Cascade Health Systems and signature of Order No. 97-133. Wayne Sorenson reported staff recommendation would be for the Board to deny hearing the appeal. It was felt the Hearings Officer had considered all the testimony and there was no new testimony. SWEARINGEN: I move signature of Order No. 97-133, denying review. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 12. DECISION OF WHETHER TO HEAR APPEAL OF HEARINGS OFFICER'S DENIAL ON SP -97-11 AND CU -97-08 FOR SUN RIDGE MEADOWS MANUFACTURED HOME PARK AND SIGNATURE OF ORDER NO. 97-134 Before the Board was a decision of whether to hear appeal of the Hearings Officer's denial on SP -97-11 and CU -97-08 for Sun Ridge Meadows Manufactured Home Park and signature of Order No. 97-134. Wayne Sorenson stated this was an appeal of the Hearings Officer denial. He stated this was a complicated matter. This was denied on the basis of the inability of the applicant to provide access from his development to Highway 126. The traffic would have to go through a residential development named Stonehedge. Wayne recommended the Board uphold the Hearings Officers decision and deny the appeal. The grant of access application would have to be made by the city/county to Oregon Department of Transportation for improvements to the approach to Highway 126. Commissioner Swearingen felt the condition of the applicant paying for the road improvement was a good idea. She felt the Board should hear it. MINUTES 6 AUGUST 27, 1997 SWEARINGEN: I would move that we hear the appeal of denial of the Hearings Officer's decision de novo. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 97-038, AMENDING TITLE 19 OF THE DESCHUTES COUNTY CODE TO ADD DESIGN REVIEW STANDARDS AND OTHER ASSOCIATED CHANGES Before the Board was the second reading and adoption of Ordinance No. 97-038, amending Title 19 of the Deschutes County Code to add Design Review Standards and other associated changes. SWEARINGEN: I move second reading of Ordinance No. 97-038, by title only. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES Acting Chair Nipper performed the second reading of Ordinance No. 97-038. SWEARINGEN: I'll move adoption of Ordinance No. 97-038. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES PROJECT14. CONSIDERATION OF BIDS FOR THE Before the Board was consideration of the bids for the Burgess Road re -alignment project. George Kolb reported the bid documents were opened last week. He stated two bids were received, one from R.L. Coats and one from Bend Aggregate. He state R.L. Coats was the low bidder but since he did not include the addendum, all bid should be rejected. George felt the project should be rebid. SWEARINGEN: I move that we reject the bids on the Burgess Road realignment. MINUTES 7 AUGUST 27, 1997 0163-0824 NIPPER: I'll second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF RESOLUTION NO 97-126, AUTHORIZING THE ACQUISITION OF 5 -ACRES OF PROPERTY ADJACENT TO SMITH ROCK STATE PARK Before the Board was signature of Resolution No. 97-126, authorizing the acquisition of 5 -acres of property adjacent to Smith Rock State Park. Linda Swearingen stated the Board had been working very closely with the parks. The opportunity came up where the County had a chance to purchase some property directly across from Smith Rock State Park in the amount of $135,000 through the County Park Funds. Bruce White reported the funds come from the RV fees from the State. Since we do not have a park department, the funds have been building up over time. The money can only be spent on parks. It will be designated as a county park to be operated in conjunction with the State Parks. SWEARINGEN: I move signature of Resolution No. 97-126. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 16. APPROVAL OF APPROPRIATION TRANSFER FOR THE APPROVED PURCHASE OF $140,00 FROM FUND 13 DEPARTMENT LINE 1 TO FUND 13 DEPARTMENT Before the Board was approval of the appropriation transfer for the above mentioned property purchase in the amount of $140,000. SWEARINGEN: So moved. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 8 AUGUST 27, 1997 17. SIGNATURE OF ORDER NO. 97-132, APPOINTING MARTIN -WYNNE -XS DESCHUTES COUNTY TREASURER Before the Board was signature of Order No. 97-132, appointing Martin Wynne as the Deschutes County Treasurer. SWEARINGEN: I move signature of Order No. 97-132, appointing Martin Wynne as Deschutes County Treasurer. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 18. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $465,597.61. SWEARINGEN: So moved plus the addition of the checks for the park purchase, subject to review. NIPPER: Second. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES 19. SUSPENSION OF THE HARTFORD PLAN INDEFINITELY Before the Board was suspension of The Hartford Plan. Mike Maier reported that 17 employees had signed up for The Hartford. He reported the company had some irregularities regarding the 4% incentive transfer bonus. He recommended the Board suspend the plan. SWEARINGEN: I move we suspend the Hartford plan indefinitely. NIPPER: I'll second that. VOTE: SCHLANGEN: EXCUSED NIPPER: YES SWEARINGEN: YES MINUTES 9 AUGUST 27, 1997 016? -08406 DATED this 27th day of August, 1997, by the Deschutes County Board of Commissioners. Nancy P e Schlangen, Chair \ RoGedt L. Nipper, mWission ATTEST: —� ker6 ording Secreta Linda L. SWaringen, Commiss MINUTES 10 AUGUST 27, 1997