1998-46822-Minutes for Meeting July 22,1998 Recorded 9/24/199898-U822 MINUTES 169 - 1627 98 SEP 24 AM I I : 23 'Y-A�Rryn''SJ:UE PENHOLL`OW DESCHUTES COUNTY BOARD OF COMMISSION&WNTY CLERK Wednesday, July 22, 1998 Chair Nancy Pope Schlangen called the Board of County Commissioners meeting to order at 10:00 a.m. County Commissioners present were Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also present was Mike Maier, County Administrator; Sue Brewster, Assistant Legal Counsel; Paul Blikstad, Planner; Bruce White, Assistant County Counsel; Tracy Allen, Planner; Rick Isham, County Counsel; Meaghan Houska, Communications Director; Kevin Harrison, Planner; Greg Brown, Sheriff; Dick Johnson, Road Department; Gary Judd, Road Department; George Read, Community Development Director; Roger Everett, Environmental Health Manager; Dennis Perkins, Building Department Manager; and Damian Syrnyk, 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 $108.14. SWEARINGEN: Move Approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT MINUTES 1 JULY 22, 1998 /01CROFILMED OCT 2 98 KEYi� I `Ci1171j � � �J ...f J 169 r 16 2 8 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 $4,137.57. NIPPER: I'll move approval. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 3. 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 $14,047.20. SWEARINGEN: Move approval. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT 4. 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 $4,607.00. MINUTES 2 JULY 22, 1998 169 --1629 NIPPER: Move approval. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 5. CONTINUED PUBLIC HEARING ON ORDINANCE NO. 98-037, AMENDING TITLE 18, THE DESCHUTES COUNTY ZONING ORDINANCE, RELATING TO NONCONFORMING USES TO MAKE THEM CONSISTENT WITH ORS 215.130 Before the Board was a continued public hearing on Ordinance No. 98-037, amending Title 18, the Deschutes County Zoning Ordinance, relating to nonconforming uses to make them consistent with ORS 215.130. Bruce White requested a work session with the Board on Friday, June 24, 1998, at 8:00 a.m. Chair Schlangen opened the public hearing for testimony. Chair Schlangen stated the written record will be left open until Friday, June 24, 1998, at 8:00 a.m. There being no oral testimony, this portion of the public hearing was closed with written testimony accepted until Friday. 6. PUBLIC HEARING ON SMA -97-22 AND LM -97-108 AN APPLICATION FOR SITE PLAN APPROVAL FOR A SINGLE-FAMILY DWELLING IN AN RR- 10/SMIA/WA/LM ZONE BY KRISTI SODE Before the Board was a public hearing on SMA -97-22 and LM -97- 108 an application for Site Plan approval for a single-family dwelling in an RR-10/SMAI/WA/LM Zone by Kristi Sode. Tracy Allen showed the applicable criteria on an overhead. She reviewed the application with the Board. She recommended the Board adopt the Hearings Officer's decision on SMA-97- 22/LM-97-108 except as modified by the findings in the supplemental staff report and approve the application. MINUTES 3 JULY 22, 1998 7. 169 W 1630 Chair Schlangen opened the public hearing. Kristi Sode, applicant, testified in support. SWEARINGEN: I would move that the Board adopt the decision of the Deschutes County Hearings Officer on File No. SMA -97-22 and LM -97-108 except as modified by the supplemental staff report. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF AMENDMENT TO MARINE SAFETY AND LAW ENFORCEMENT SERVICES CONTRACT Before the Board was signature of an amendment to the Marine Safety and Law Enforcement Services Contract. Greg Brown reported this was an amendment to the existing contract. SWEARINGEN: I would move signature of amendment to the Marine Safety and Law Enforcement Services Contract. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF CONTRACT WITH THE STATE OF OREGON TO HOUSE STATE INMATES Before the Board was signature of a contract with the State of Oregon to house State inmates. Sue Brewster reported the State would send up to 45 inmates to Deschutes County at $60.00 per day. She reviewed the details MINUTES 4 JULY 22, 1998 0 169 ..,_ 1631 of the contract with the Board, and requested the Board sign it subject to review. Commissioner Nipper expressed concern regarding the $60.00 per day covering the costs. SWEARINGEN: I would move signature of contract with State of Oregon to house State inmates, subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES ADOPTION OF ORDINANCE NO. 98-045, AMENDING TITLE 10, VEHICLES AND TRAFFIC, OF THE DESCHUTES COUNTY CODE Before the Board was adoption of Ordinance No. 98-045, amending Title 10, Vehicles and Traffic, of the Deschutes County Code. Sue Brewster reported this was an ordinance that was being revised. NIPPER: I'll move first and second reading of Ordinance No. 98-045, amending Title 10, Vehicles and Traffic, of the Deschutes County Code, by title only. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 98-045, by title only. SWEARINGEN NIPPER: MINUTES 5 I move adoption of Ordinance No. 98-045. Second. JULY 22, 1998 169 w 1632 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. SIGNATURE OF ACCEPTANCE OF A CORRECTION DEED/DECLARATION OF DEDICATION FOR MICHAEL AND ANN WIENS Before the Board was signature of an acceptance of a Correction Deed/Declaration of Dedication for Michael and Ann Wiens. Gary Judd reported this deed had been approved previously. SWEARINGEN: I move signature of Acceptance of a Correction Deed/Declaration of Dedication for Michael and Ann Wiens. NIPPER: I'll second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 11. SIGNATURE OF ORDER NO. 98-108, ESTABLISHING A 45 MPH SPEED LIMIT ON BUFFALO DRIVE LOCATED WITHIN SQUAW CREEK CANYON RECREATION ESTATES Before the Board was signature of Order No. 98-108, establishing a 45 MPH speed limit on Buffalo Drive located within Squaw Creek Canyon Recreation Estates. Gary Judd reported this was included in a local improvement district. NIPPER: I will move signature of Order No. 98-108, establishing a 45 mph speed limit on Buffalo Drive located within Squaw Creek Canyon Recreation Estates. SWEARINGEN: Second. MINUTES 6 JULY 22, 1998 169 -- 1633 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SWEARINGEN: I would move that we post from Highway 126 for one-half mile that there is no parking and we sign Order subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. SIGNATURE OF CONTRACT WITH JESUIT VOLUNTEER CORP Before the Board was signature of a contract with the Jesuit Volunteer Corp. NIPPER: I'll move signature of contract with Jesuit Volunteer Corp. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. DECISION ON WHETHER TO HEAR APPEAL A-98-9, AN APPEAL OF THE HEARINGS OFFICER'S DECISION ON PA-98-3/ZC-98-2 BY DANIEL KIESOW Before the Board was a decision on whether to hear appeal A- 98-9, an appeal of the Hearings Officer's decision on PA-98- 3/ZC-98-2 by Daniel Kiesow. SWEARINGEN: NIPPER: MINUTES 7 I move that we hear appeal A-98-9 de novo and signature of Order No. 98-109. Second. JULY 22, 1998 1.69 1634 Commissioner Swearingen stated the appeal was being heard de novo because it was a unique situation where Mr. Kiesow was caught in the transition between the County and the City. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. SIGNATURE OF RESOLUTION NO. 98-093, DECLARING CERTAIN EQUIPMENT SURPLUS AND DIRECTING DISPOSITION Before the Board was signature of Resolution No. 98-093, declaring certain equipment surplus and directing disposition. SWEARINGEN: I will move signature of Resolution No. 98- 093. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF SPECIAL TRANSPORTATION SERVICES CONTRACT WITH THE OPPORTUNITY FOUNDATION OF CENTRAL OREGON Before the Board was signature of a Special Transportation Services Contracts with the Opportunity Foundation of Central Oregon, Resources for Independent Living, Central Oregon Council on Aging, and Residential Assistance Program. SWEARINGEN: I would move signature of Special Transportation Services contract with Opportunity Found of Central Oregon, Central Oregon Resources for Independent Living, Central Oregon Council on Aging, and Residential Assistance Program. NIPPER: Second. VOTE: SCHLANGEN: NIPPER: SWEARINGEN: MINUTES 8 JULY 22, 1998 YES YES YES 169 1635 16. REAPPOINTMENT OF BRANCEFORD DAVIDSON TO THE BEAVER SPECIAL ROAD DISTRICT BOARD Before the Board was reappointment of Branceford Davidson to the Beaver Special Road District Board. NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 17. SIGNATURE OF LIQUOR LICENSE FOR DESCHUTES COUNTRY STORE. MOOSE LODGE #2093, LA PINE INN. SUNRISE LODGE, AMERICAN LEGION POST #45, QUAIL RUN GOLF COURSE Before the Board was signature of Liquor Licenses for Deschutes Country Store, Moose Lodge #2093, La Pine Inn, Sunrise Lodge, American Legion Post #45, and Quail Run Golf Course. NIPPER: So moved. SWEARINGEN: Second. VOTE: SCHLANGEN: YES 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 $1,540,858.40. SWEARINGEN: Move approval, subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 9 JULY 22, 1998 169 w 1636 19. PRESENTATION OF GOALS AND ACCOMPLISHMENTS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT George Read reviewed the Goals and Accomplishment for the Community Development Department for this last year. George Read introduced Tom Anderson who will replace Eric Swansen. 20. REAPPOINTMENT OF BILLIE LAUMER AND JIM RAMEY TO THE RIVER FOREST ACRES SPECIAL ROAD DISTRICT Before the Board was reappointment of Billie Laumer and Jim Ramey to the River Forest Acres Special Road District. NIPPER: SWEARINGEN: So moved. Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 21. SIGNATURE OF ORDER NO. 98-049, TRANSFERRING CASH WITHIN THE 1998-99 DESCHUTES COUNTY BUDGET Before the Board was signature of Order No. 98-049, transferring cash within the 1998-99 Deschutes County Budget. SWEARINGEN: I move signature of Order No. 98-049, transferring cash within the 1998-99 Deschutes County Budget. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 22. SIGNATURE OF RESOLUTION NO. 98-064, ESTABLISHING A CHANGE FUND FOR THE REGIONAL CORRECTIONAL FACILITY FUND Before the Board was signature of Resolution No. 98-064, establishing a change fund for the Regional Correctional Facility Fund. MINUTES 10 JULY 22, 1998 169 � 163? NIPPER: I'll move signature of Resolution No. 98-064, establishing a change fund for the Regional Correctional Facility Fund. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 23. SIGNATURE OF ORDER NO. 98-050, TRANSFERRING CASH AMONG VARIOUS FUNDS OF THE 1997-98 DESCHUTES COUNTY BUDGET, NUNC PRO TUNC AS OF JUNE 22, 1998 Before the Board was signature of Order No. 98-050, transferring cash among various funds of the 1997-98 Deschutes County Budget, nunc pro tunc as of June 22, 1998. SWEARINGEN: I move signature of Order No. 98-050, transferring cash among various funds of the 1997-98 Deschutes County Budget, nunc pro tunc as of June 22, 1998. NIPPER: I'll second that. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 24. APPOINTMENT OF BOB SAMPSON AND HANK FAIRBROTHER TO THE LAZY RIVER SPECIAL ROAD DISTRICT BOARD Before the Board was appointment of Bob Sampson and Hank Fairbrother to the Lazy River Special Road District Board. SWEARINGEN: I move appointment of Bob Sampson and Hank Fairbrother to the Lazy River Special Road District Board. NIPPER: I'll second that. MINUTES 11 JULY 22, 1998 69 4 ��38 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 25. SIGNATURE OF NEW CONTRACT WITH OREGON MILITARY DEPARTMENT FOR YOUTH CHALLENGE PROGRAM Before the Board was signature of a new contract with the Oregon Miliarty Department for the Youth Challenge Program. Rick Isham reported three weeks ago there was an intergovernmental agreement signed by the Board. He reviewed the proposed new contract with the Board. Col. Michael Caldwell reviewed the program. NIPPER: I'm going to move signature of new military contract and authorize signature of appointment letter for James Watts. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 22 day of July, 1998, by the Deschutes County Board of Commissioners. ATTEST: Recording Secretary inda L. Swea ingen, Commissioner MINUTES 12 JULY 22, 1998