1998-29090-Minutes for Meeting April 08,1998 Recorded 6/11/1998V
98-29090 16& - 0364
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, April 8, 1998 98 JUN i I PM 3-- 57
Chair Nancy Pope Schlangen called the Board of C %t'xyj�Qo �1$,fi yrs
meeting to order at 10:00 a.m. County Commission Npr"OM were
Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen.
Also present were Mike Maier, County Administrator; Rick Isham,
County Counsel; Patti Mecca, Property Management; Tom Blust, Road
Department Director; Damian Syrnyk, Planner; Jay Turley, Facilities
& Property Management; Kevin Harrison, Planner; Roland Gangstee,
Adult Corrections Manager; Meaghan Houska, Communications Director;
Susan Mayea, Management Analyst; and Dave Peterson, Information
Services Manager.
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 $55.33.
SWEARINGEN: Move approval.
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 $1,828.50.
NIPPER:
SWEARINGEN:
VOTE:
MINUTES 1
I'll move approval.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
APRIL 8, 1998
MICROFILMED
---yrs
JUL 1.5 1998
JUL
3.
4.
168 - 0365
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 Bend Library County Service District.
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) chairs signature of Rental Agreement for Cleveland
Apartment #31; 2) signature of Order No. 98-028 vacating a
portion of Burgess Road due to realignment of the intersection
of Burgess Road and Highway 97; 3) signature of Bill of Sale
for vehicles & equipment to City Of Bend pursuant to an
Intergovernmental Agreement; 4) signature of Resolution No.
98-029, amending Resolution No. 97-097, deleting site lease
and sublease annual rates for Awbrey Butte; 5) signature of
Resolution No. 98-033, adopting new Lease Rates for Awbrey
Butte; 6) signature of Order No. 98-020, transferring cash
among various funds in the 1997-98 Deschutes County Budget; 7)
signature of Order No. 98-037, authorizing the refund of
taxes; 8) signature of Order No. 98-053, authorizing the
refund of taxes; 9) signature of Order No. 98-052, declaring
certain real property surplus; and 10) signature of Resolution
No. 98-043, declaring the intention of Deschutes County to
transfer real property to Redmond Habitat for Humanity.
SWEARINGEN: So moved.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 2 APRIL 8, 1998
5.
6.
7.
168 - 0366
ADOPTION OF ORDINANCE NO, 98-023, ADOPTING CHAPTER 11 08,
EXCHANGE OF REAL PROPERTY, OF THE DESCHUTES COUNTY CODE
Before the Board was adoption of Ordinance No. 98-023,
adopting Chapter 11.08, Exchange of Real Property, of the
Deschutes County Code.
NIPPER: I will move first and second reading of
Ordinance No. 98-023, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-023, by title only.
NIPPER: I'll move adoption of Ordinance No 98-023.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
SIGNATURE OF PERSONAL SERVICES CONTRACT WITH BESTCARE SERVICES
Before the Board was signature of a Personal Services Contract
with Bestcare Services.
Roland Gangstee reported this was a contract to start the in -
custody drug and alcohol treatment program within the
facility.
NIPPER: I'll move signature of Personal Services
Contract with Bestcare Services.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
SIGNATURE OF RESOLUTION NO 98-033, ADOPTING NEW LEASE RATES
FOR AWBREY BUTTE
Before the Board was signature of Resolution No. 98-033,
adopting new lease rates for Awbrey Butte.
MINUTES 3 APRIL 8, 1998
0
168 - 0367
Jay Turley reported this resolution set lease rates that were
consistent with the Burrows study which was discussed
previously with the exception of charging OPB full market
rate.
There was further discussion by the Board regarding the rates.
Sam Kirkaldie, RICE, stated he was looking for phase-in
increase. He reported he had a letter from Brad Chalfant
which discussed the fencing of the site.
Shawn Torbin, Chief Engineer for FOX 39, opposed the rate
increase.
Terry Cowan, KLNR, testified regarding the amount of equipment
on the lease site.
Cliff Todd, KQAK General Manager, testified regarding the
increase being a little steep.
Jim, Operations Manager of KTVZ, testified regarding the long
term use of the site. He felt the increase may not be in line
with other sites.
Chuck Shackel, owner of KBND, testified regarding improvements
to the site. He felt the fencing needed to be done.
David Herman, Northwest Antenna Site Services, testified.
Max Culbertson, Chief Engineer for Oregon Public Broadcasting,
testified.
SWEARINGEN: I move that we sign Resolution No. 98-033,
removing KLCC and KWAX for a work session to
further decide what those purposed rates will
be and that the rates can either be paid in a
monthly payment, twice a year or yearly.
NIPPER: I'll second it.
Commissioner Schlangen stated she was not going to support the
motion. She was having a problem with phase-in. She felt the
methodology needed to be looked at because she was not
comfortable with it. She stated there needed to be a plan
adopted for the future.
At this point Commissioner Nipper removed his second and there
was no vote on this issue.
MINUTES 4 APRIL 8, 1998
M
8.
168 - 0368
LIMITED PUBLIC HEARING TO REOPEN THE RECORD ON CU -97-111 AND
PA -97-12, FOR DISCLOSURE OF OUTSIDE THE RECORD CONTACTS AT
MARCH 12, 1998, MEETING
Before the Board was a limited public hearing to reopen the
record on CU -97-111 and PA -97-12, for disclosure of outside
the record contacts at March 12, 1998, meeting.
Damian Syrnyk reported this was a repeat of last week.
Commissioner Nipper read his statement regarding attending a
meeting on March 12, 1998.
Chair Schlangen opened the public hearing.
Tom Maddox felt Commissioner Nipper should exclude himself
from the decision because of the meeting on March 12th and his
relationship with Patrick Gisler.
Commissioner Nipper felt there was no reason for him to
exclude himself from the decision to be made on this matter.
Tom Maddox stated Commissioner Nipper has had lunch with
Patrick Gisler who he felt was a part of the application with
the City of Bend. Commissioner Nipper responded by stating he
had lunch with various people in the County but didn't feel it
would influence his decision.
Rick Isham stated that if Mr. Maddox wished to submit evidence
for the record opposing Mr. Nipper's involvement in this
issue, he may submit that now.
Chair Schlangen closed the public hearing.
No action was taken on this matter. The decision will be made
on April 14, 1998, at 11 a.m. in the Commissioners Small
Conference Room.
APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $1,546,324.74.
SWEARINGEN:
NIPPER:
VOTE:
MINUTES 5
Move approval subject to review.
Second.
SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
APRIL 8, 1998
168 - 0369
9. APPOINTMENT OF ROD
BONACKER,
RAY CLARN06
BROOK SNAVELY AND
BILL SCHWARTZ AND
REAPPOINTMENT
OF BARRY
SLAUGHTER, STEPHEN
FITZGERALD, LINDA
SWEARINGEN,
KYLE GORMAN,
CRAIG LACY AND ROY
PEARL TO THE DESCHUTES
COUNTY
WATERSHED COUNCIL
Before the Board was appointment of Rod Bonacker, Ray Clarno,
Brook Snavely and Bill Schwartz and reappointment of Barry
Slaughter, Stephen Fitzgerald, Linda Swearingen, Kyle Gorman,
Craig Lacy and Roy Peal to the Deschutes County Watershed
Council.
NIPPER: I'll move appointments.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
10. REAPPOINTMENT OF RALPH HAMMER, SUSAN NELSON AND BECKY LLOYD TO
THE SPECIAL TRANSPORTATION FUND ADVISORY COMMITTEE
Before the Board was reappointment of Ralph Hammer, Susan
Nelson and Becky Lloyd to the Special Transportation Fund
Advisory Committee.
SWEARINGEN: Move approval.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
DATED this 8th day of April, 1998, by the Deschutes Countv
Board of Commissioners.
ATTEST:
Recording Secre ary
MINUTES 6 APRIL 8, 1998
inda L. Swe n , Commissioner