1998-04873-Minutes for Meeting November 12,1997 Recorded 2/4/199898_oae�3 0163-921
MINUTES
OUNTy BOARD OF COMMISSIONERS
November 12, 1997 98 FES -4 PH 3: 16
f�NR �;i: i :��iiCLl_'N
Acting Chair Robert Nipper called the meeting to order [A by: WE
a. M. County Commissioners present were Robert L. Nipper, Linda
Swearingen and Nancy Pope Schlangen. Also in attendance were Mike
Maier, County Administrator; Steve Jorgensen, Planner; Beverly
Wilson, Legal Assistant;
CONVENE AS THE GOVERNING BODY OF 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 $108.68.
SWEARINGEN: I would move approval.
NIPPER: I'll second that.
VOTE: SCHLANGEN: EXCUSED
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
•;• • • 1. '•; • � •�#
Before the Governing Body was approval of the weekly accounts
payable vouchers for the 9-1-1 County Service District in the
amount of $872.57.
SWEARINGEN: Move approval.
NIPPER: I'll second that.
VOTE: SCHLANGEN: EXCUSED
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
MINUTES 1 NOVEMBER 12, 1997
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0163; 922
3.
Before the Governing Body was signature of Resolution No. 97-
146, authorizing the borrowing of $201,484.42 by the Bend
Library CSD Redemption Fund from the Bend Library CSD
Construction Fund, providing for repayment, and directing the
County Treasurer to make appropriate entries.
SWEARINGEN: Move approval.
SWEARINGEN: I'll second that.
VOTE: SCHLANGEN: EXCUSED
NIPPER: YES
SWEARINGEN: YES
4. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHES FOR BEND LIBRARY
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable for the Bend Library County Service District in the
amount of $636,675.96.
SWEARINGEN: So move, subject to review.
NIPPER: Second.
VOTE: SCHLANGEN: EXCUSED
NIPPER: YES
SWEARINGEN: YES
CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY
SERVICE DISTRICT
5. SIGNATURE OF RESOLUTION NO, 97-147, AUTHORIZING THE BORROWING
OF S15.053.71 BY THE SUNRIVER LIBRARY CSD CONSTRUCTION FUND
Before the Governing Body was signature of Resolution No. 97-
147, authorizing the borrowing of $15,053.71 by the Sunriver
Library CSD Construction Fund, providing for repayment, and
directing the County Treasurer to make appropriate entries.
SWEARINGEN: So moved.
NIPPER: Second.
VOTE: SCHLANGEN: EXCUSED
NIPPER: YES
SWEARINGEN: YES
MINUTES 2 NOVEMBER 12, 1997
of y
6. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS. FOR 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 $222.40.
SWEARINGEN: So moved.
NIPPER: I'll second that.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
7. PUBLIC HEARING ON PROPOSED FORMATION OF WILD RIVER NO SHOOTING
DISTRICT AND SIGNATURE OF ORDER NO, 97-162
Before the Board was a public hearing on the proposed
formation of the Wild River No Shooting District and signature
of Order No. 97-162.
Chair Schlangen opened the public hearing.
Margaret Wilcox testified in support of the Wild River No
Shooting District. She reported there were currently 47 homes
in the area with 4 more projected in the next year. She also
reported the potential build -out was 170 homes.
Marlene also testified in support of the No Shooting District.
Ted Weise, Oregon Department of Fish & Wildlife, testified
regarding this issue.
There being no further testimony, the public hearing was
closed.
NIPPER: I will move signature for formation of the
Wild River No Shooting District and signature
of Order No. 97-162.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 3 NOVEMBER 12, 1997
8.
n
0163-2924
Before the Board was a public hearing on signature of Order
No. 97-144, vacating a portion of Hunnell Road.
Chair Schlangen opened the public hearing.
Charlie Brown testified in support of the vacation.
There being no further testimony, the public hearing was
closed.
SWEARINGEN: I move signature of Order No. 97-144.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
PUBLIC HEART ON ADOPTTON
STAND RDS O — _n
97-068,
TITLE 19 RF(ACEMENT
MFNnT*tr
DESIGN RsVTF.W
Before the Board was a public hearing on adoption of Ordinance
No. 97-068, amending Title 18, regarding Landscape Management
Design Review Standards.
Dave Leslie reported this would exempt compliance with the
Design Review Standards when an addition was constructed to an
existing building, unless the addition or roof involved
substantial improvement of over 50%.
Acting Chair Robert Nipper opened the public hearing. There
being no testimony, the public hearing was closed.
SWEARINGEN: I move first reading of Ordinance No. 97-068,
by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first reading of Ordinance No.
97-068, by title only. The second reading will take place in
two weeks on November 26, 1997.
MINUTES 4 NOVEMBER 12, 1997
MY
4 wrr
0163=2925
Before the Board was a public hearing on the adoption of a
text amendment to the Wildlife Area Combining Zone to allow
certain uses in the Deer Migration Corridor, including
churches, that are currently prohibited.
Barbara Rich reported the file was TA -97-6, which was a text
amendment to Chapter 18.88, Wildlife Area Combining Zone. She
stated the Planning Commission held a public hearing on this
issue on October 9, 1997, and voted to recommend that the
Board of County Commissioners deny this amendment. Barbara
review the applicable criteria with the Board.
She reported that the specific proposal was to amend the text
of Title 18, Wildlife Area Combining Zone, to allow churches
under specific circumstances in the Bend/La Pine Deer
Migration Corridor. She stated the applicant proposed to
limit church sites to parcels that are between 1 and 5 acres
in size, parcels adjacent to a rural collector or arterial,
parcels zoned RR -10, and the property not designated as
corridors on the 1997 South County Regional Problem Solving
Map.
She reported the applicant was Cascade Bible Church. They
were wanting to build outside of Wickiup Junction along
Burgess Road.
Chair Schlangen opened the public hearing.
Jim Stone, Cascade Bible Church, testified in support of the
application. He felt the laws were unnecessarily restrictive.
He reported that if this proposal was approved it would allow
the uses of churches, public or private schools, bed and
breakfast inns, and playground, recreation or community
centers in this area. He felt of these uses only the addition
bed and breakfast inns would bring additional traffic into the
area. He felt that churches, schools, and recreation uses
would all be with local traffic.
Since this came from the Planning Commission on a split vote,
the Board of County Commissioners felt it would be wise to
have a joint meeting with the Planning Commission. The date
for this meeting will be set at a later date.
Jack Ebner stated there were 30 foot setbacks on three side of
the property which reduced the amount of acreage dove, to 3.6
acres. He stated the building size was restricted by the
parking lot size.
MINUTES 5 NOVEMBER 12, 1997
0163=2926
Ted Weise, Oregon Department of Fish & Wildlife, testified.
He stated they were willing to work with the applicant in this
unique situation. He stated they would like to see any
changes limited to Burgess Road.
Jim Stone stated the Burgess Road proposal was very acceptable
to the church. He felt most of the uses would be very well
accepted along Burgess Road.
Chair Schlangen stated the public hearing will be continued to
a date to be announced later.
Before the Board was award
of a contract
to Earthworks, Inc.
for Demolition
Landfill closure.
NIPPER:
I will move signature
of contract with
Earthworks,
Inc. For the
Demolition Landfill
closure.
SWEARINGEN:
Second.
VOTE:
SCHLANGEN:
YES
NIPPER:
YES
SWEARINGEN:
YES
Before the Board was approval of Fund Acceptance from the
Tobacco Prevention and Education Program of the Oregon Health
Division.
SWEARINGEN: I would move approval of Fund Acceptance from
the Tobacco Prevention and Education Program
of the Oregon Health Division.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
11. APPROVAL OF FUND ACCEPTANCE FOR THEST RS PRC1C`RAM FROM THF
OREGON HEALTH D .VISION, THE STAR. FO 1NDATTON nun erM
Before the Board was approval of Fund Acceptance for the STARS
Program from the Oregon Health Division, the STARS Foundation
and St. Charles Medical Center.
SWEARINGEN: Move approval.
MINUTES 6 NOVEMBER 12, 1997
0163-292'
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
12. APPROVAL OF CONTRACT RENEWAL WITH CENTRAL ORErnN INDEPENDENT
HEALTH SERVICES
Before the Board was approval of a contract renewal with
Central Oregon Independent Health Services.
Deborah MacWilliams stated this was a renewal of an existing
contract.
SWEARINGEN: Move approval of contract renewal with Central
Oregon Independent Health Services.
NIPPER: Second.
VOTE:: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
13. ST ,NATURE OF ASSIGNMENT OF SITE LEASE FOR RESORT BROADCASTTNf
Before the Board was signature of an Assignment of Site Lease
for Resort Broadcasting.
NIPPER: I'll move signature of assignment of Site
Lease for Resort Broadcasting.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
14. SIG kTURE OF PERSO Ai. SERVI _F.R ONTRACT FOR ARBOR TREE rAgp TO
PERFORM TREE THINNING AT THE TETHEROW HOMESTEAD
Before the Board was signature of a Personal Services Contract
for Arbor Tree Care to perform tree thinning at the Tetherow
Homestead.
SWEARINGEN: I move signature of Personal Services Contract
for Arbor Tree Care to perform tree thinning.
NIPPER: Second.
MINUTES 7 NOVEMBER 12, 1997
15.
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0V`163 -2.9C
VOTE: SCHLANGENs YES
NIPPER: YES
SWEARINGENt YES
Before the Board was adoption of Ordinance No. 97-063,
amending Title 18, of the Deschutes County Zoning Ordinance,
to amend the regulations for wireless telecommunications
facilities.
NIPPER: I move first and second reading of Ordinance
No. 97-063, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-063, by title only.
NIPPER: I will move signature of Ordinance No. 97-063.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGENs YES
Before the Board was adoption of Ordinance No. 97-080,
amending Ordinance No. 80-216, tho Bend Area General Plan, and
Ordinance No. 97-081, amending Title 19, Bend Urban Growth
Boundary Zoning Ordinance, of the Deschutes County Code.
SWEARINGEN: I would ask for the first and second reading
of Ordinance No. 97-080, by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 8 NOVEMBER 12, 1997
0163-2929
Chair Schlangen performed the first and second reading of
Ordinance No. 97-080, by title only.
NIPPER: I'll move adoption of Ordinance No. 97-080.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
NIPPER: I'll move first and second reading of
Ordinance No. 97-081, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 97-081, by title only.
SWEARINGEN: I move adoption of Ordinance No. 97-081.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
17. SIGNATURE OF STATEMENT IN SUPPORT OF JJIS
Before the Board was signature of Statement in support of JJIS
Program.
Bob LaComb reported the Governor had earmarked $3 million to
get the juvenile system up to speed. The system will tie
information together all across the state for easier access.
SWEARINGEN: I move signature of support.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 9 NOVEMBER 12, 1997
0163-2930
• �\ •�� ::. \v : •.•
Before the Board was the first reading of Ordinance No. 97-
073, amending Deschutes County Code 4.08, Transient Room Tax.
SWEARINGEN: I move for the first reading of Ordinance No.
97-073, by title only.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first reading of Ordinance No.
97-073, by title only.
Before the Board was signature of Order No.97-129,
transferring cash among various funds within the 1997-96
Deschutes County Budget.
SWEARINGEN: I would move signature of Order No. 97-129.
NIPPER: I'll second it.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
� \ : • :: \ 3�r�%�`i�eia���i��i1�i1[ii�iiiiac� Y. •��[�Ti��i�i
Before the Board was signature of an Earnest Money Agreement
to purchase two lots in the La Pine Industrial Park.
Susan Mayea reported this was an offer by Larry Pierce to
purchase two lots in La Pine Industrial Park known as Lot 1,
Block 3, and Lot 11, Block 3. She stated Lot 1 was
approximately 2.35 acre parcel and Lot 11 was 1 acre. She
reported this was a relocation of company from Portland and
they employee four people with wages ranging from $10 to $25
per hour. She stated the smaller parcel will be purchased
outright. The County will carry a 10 year note on the balance
of the second parcel. After a 20% down payment, the balance
would be about $23,500 at 10%.
SWEARINGEN: Move approval.
MINUTES 10 NOVEMBER 12, 1997
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPERt YES
SWEARINGENt YES
21. APPOINTMENT
WATERSHED COUNCIL•
OF MARC THALACKER TO THE DESCHUTES
COUNTY
Before the
Board was appointment of Marc Thalacker
to the
Deschutes County Watershed Council.
NIPPERt
So moved.
SWEARINGEN:
Second.
VOTE:
SCHLANGENt YES
NIPPER: YES
SWEARINGEN: YES
22. SIGNATURE OF
LEASE FOR SMITH ROCK HOUSE
Before the
Board was signature of a Lease for the Smith Rock
house.
SWEARINGEN:
I move signature subject to review.
NIPPER:
I second it.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGENt YES
23. APPROVAL OF
WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the
Board was approval of the weekly accounts
payable
vouchers in
the amount of $3,092,867.48.
NIPPER:
I'll move approval of weekly accounts
payable
vouchers subject to review.
SWEARINGEN:
Second.
VOTE:
SCHLANGENt YES
NIPPERt YES
SWEARINGEN: YES
MINUTES 11 NOVEMBER 12, 1997
MINUTES 12 NOVEMBER 12, 1997
0163-2932'
24. gIGNATt1RE OF
S555,8o6.oi
N NO 97 125 AtiTHQRI2TNG THF
RESOLUTIOBORROWING
BY THE JAIL BOND/PtiBLIG QAFSTY RRnRMPTION_FUNDD_
Before the Board was signature of Resolution No ? Jail
$555,806.01 by the
authorizing
Bond/Public
the borrowing of
SidrtF Public Safety
Project Fund,
providing forepa repayment and directing the Count
Treasurer to
make appropriate entries.
SWEARINGEN:
Move signature of Resolution No. 97-125.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
25. �s`NATITRF OF
OF 9691,084.52
RESOLt1'f'rnN NO 97 145 AUTHORIZING THE BORROWING
BY THF FAIRGRO NnS BONDRFnRmPTION FUND
Before the
Board was signature of Resolution No. 97-145,
$691,048.52 by the Fairgrounds
authorizing
Bond Redemption
the borrowing of
Fund from the Fairgrounds Construction Fund,
providing for repayment and directing the County Treasurer to
make appropriate
entries.
SWEARINGEN:
Move signature of Resolution No. 97-145.
NIPPER:
Second.
VOTE:
SCHLANGEN: YES
NIPPERS YES
SWEARINGEN: YES
26. SIGNATURE OF
CQUNCIL
PEr O NAT SERV'Cpq CONTRACT WITH PUBLIC AFFAIR
Before the Board was signature of a Personal Services Contract
with the Public Affair Council.
NIPPER:
So moved.
SWEARINGEN:
Second.
VOTE:
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 12 NOVEMBER 12, 1997
0163-, X33
DATED this 12th day of November, 1997, by the Deschutes County
Board of Commissioners. _ ,
A STs
( za2'.,
Recording SecretAry
MINUTES 13 NOVEMBER 12, 1997