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1998-29091-Minutes for Meeting April 01,1998 Recorded 6/11/199898-290911 168 - 0370 MINUTES DESCHUTES COUNTY BOARD OF COMMISAbONERSj P� 357 Wednesday, April 1, 1998 Chair Nancy Pope Schlangen called the Board of Co3Y '.&ners Meeting to order at 10:00 a.m. County Commissione nt were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance was George Read, Community Development Director; Kevin Harrison, Planner; Jon Scholls, Sheriff's Department; Damian Syrnyk, Planner; Meaghan Houska, Communications Director; Mike Maier, County Administrator; Barbara Rich, Planner; Bruce White, Assistant County Counsel; Rick Isham, County Counsel; and Paul Blikstad, Planner. 1. ACCEPTANCE OF AWARD FROM HABITAT FOR HUMANITY Matthew McCoy, Board member of Bend Area of Habitat for Humanity, presented the Board of County Commissioners with an award for their participation with Habitat. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 2. 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 $477.28. NIPPER: SWEARINGEN: VOTE: So moved. Second. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 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 $943.28. SWEARINGEN: NIPPER: MINUTES 1 So moved. Second. APRIL 1, 1998 MICROFIL ED JAL 1 � 1998 JUL 4. 5. 6. 168 - 0371 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN DESCHUTES COUNTY 9-1-1 AND J N HARTSOCK PROJECT MANAGEMENT FOR PLANNING CONSULTANT SERVICES Before the Governing Body was signature of an Agreement for professional services between Deschutes County 9-1-1 and J. N. Hartsock Project Management for planning consultant services. NIPPER: I'll move signature of agreement for professional services between Deschutes County 9-1-1 and J. N. Hartsock Project Management for planning consultant services for Phase I. 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 Bend Library County Service District in the amount of $10,791.69. NIPPER: SWEARINGEN: VOTE: So moved. Second. 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 Personal Services Contract with Elliot and Marlene Morrison for psychiatric and psychological Services; 2) signature of Resolution No. 98-041, declaring certain equipment surplus and directing disposition; 3) signature of Indemnity Agreement for the High Desert Classic to be held on April 25-26, 1998; 4) signature of Resolution MINUTES 2 APRIL 1, 1998 t 16� 0372 7. No. 98-034, transferring appropriations within various funds of the 1997-97 Deschutes County Budget; and 5) signature of Intergovernmental Agreement between Deschutes County and City of Redmond to complete the final step in annexing The Meadows. SWEARINGEN: Move approval of consent agenda items. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON ORDER NO. 98-041, AUTHORIZING THE TRANSFER OF REAL PROPERTY TO BEND AREA HABITAT FOR HUMANITY Before the Board was a public hearing on Order No. 98-041, authorizing the transfer of real property to Bend Area Habitat for Humanity. Patti Mecca reported this was the sixth lot to be transferred to the Bend Area Habitat in eight years. Chair Schlangen opened the public hearing. Wanda Ward testified in opposition to the transfer of the property to Bend Area Habitat for Humanity. She felt there was not enough space for parking. Verna Noel also testified in opposition. She also expressed concern regarding the parking space. Annie Ward also testified in opposition. She expressed concern regarding the fact that there would be no yard for the family. Chuck Tucker stated this was a standard 50 x 100 lot. They were required to place two off street parking spaces on the lot. There being no further testimony, the public hearing was closed. SWEARINGEN: NIPPER: VOTE: MINUTES 3 I move that we sign Order No. 98-041, and encourage Habitat to work closely with neighbors. I'm going to second that. SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES APRIL 1, 1998 I 1 9. 168 - 0373 DECISION OF WHETHER TO HEAR APPEAL A-98-2 ON A CONDITIONAL USE PERMIT CU -97-109 FOR A DWELLING IN THE FOREST USE ZONE Before the Board was a decision of whether to hear Appeal A- 98-2 on a conditional use permit for a dwelling in the forest use zone. Barbara Rich reported this was a conditional use permit for a template dwelling in a forest use zone. The application did not meet the criteria for a template dwelling in the forest use zone. She reported there were two issues at stake which was the application itself and Section 36. Commissioner Swearingen stated she had several discussions with the applicant. Commissioner Swearingen's recommendation was to deny review of the appeal. She felt there needed to be some legislation enacted to allow something different than what was occurring out there now. She felt it was unfortunate that these people had owned property for a considerable number of years but they can't do anything with it. Commissioner Nipper felt there was a safety issue. He expressed concern about not being able to get emergency vehicles in and out of that area. Commissioner Nipper felt the Board should not hear the appeal. NIPPER: I move that we not hear the appeal of A-98-2 a conditional use permit CU -97-109 for a dwelling in the forest use zone. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES LIMITED PUBLIC HEARING ON CU-97-111/PA-97-12 FOR DISCLOSURE OF OUTSIDE THE RECORD CONTACTS AND OPPORTUNITY TO REBUT Before the Board was a limited public hearing on CU -97-12 for disclosure of outside the record contacts and opportunity to rebut. Damian Syrnyk reviewed the events leading up to this limited public hearing. Bruce White stated there was the matter of a copy of the Order being sent out but it did not include the time and place the public hearing would be held. MINUTES 4 APRIL 1, 1998 MICROFILMED JUL 15 1998 sI 16a a 0374 Commissioner Nipper read his statement regarding his ex -parte contact. Commissioner Nipper stated he had attended a meeting but he heard no new information relating to this issue. Bruce White asked if any party needed clarification regarding Commissioner Nipper's testimony. There was no response. Malin Hale, 22840 Tumbleweed Court, stated he had been to just about every meeting regarding this issue. He reported regarding some remarks made by Andy Park. Jackie Faulkner, 22500 Alfalfa Market Road, wanted to know if he was aware of Becky Johnson's statement at the end of the meeting. Commissioner Nipper stated he left the meeting before they broke into small committee groups. The limited public hearing was continued to April 8, 1998, at 10 a.m. in Hearing Room A. 10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable in the amount of $286,119.12. SWEARINGEN: NIPPER: VOTE: Move approval subject to review. Second. SCHLANGEN: NIPPER: SWEARINGEN: DATED this 1st day of Apr Board of Commissioners. N ATTEST: YES YES YES 1998,_ by the Deschutes County L. Nipper, CiCissioner Recording Secr tart' difida. Swearin , Commissioner MINUTES 5 APRIL 1, 1998