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
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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