1999-115-Minutes for Meeting December 30,1998 Recorded 3/11/1999I •
VOL: CJ1999 PAGE: 115
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
NUMBER OF PAGES:
Mar. 11, 1999; 3:25 p.m.
Regular Meeting
(CJ)
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
*01999-115 *Vol -Page 03/24/1999 13:48:50
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MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIOM
Wednesday, December 30, 1998 , �� " P�f 3� 25
tiff-;IZr 5�� f'r"t�HvLLc���,
Chair Nancy Pope Schlangen called the Board of Coun4l&WnY ners
meeting to order at 10:04 A.M. County Commissioners present were
Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen.
Also present was Kevin Harrison, Planner; Heidi Kennedy, Planner;
Rick Isham, County Counsel; George Read, Community Development
Director; Catherine Morrow, Planner; Brian Harrington, Planner; and
Didi Malarkey, Regional Problem Solving.
CONVENE AS THE GOVERNING BODY 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 $736.91.
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 Board was approval of the weekly accounts payable
vouchers for 9-1-1 County Service District in the amount of
$1,690.30.
SWEARINGEN: Move approval.
NIPPER: Second.
MINUTES 1 DECEMBER 30, 1998
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
3. CONSENT AGENDA
Consent agenda items before the Board of County Commissioners
were: 1) signature of Order No. 98-202, surrendering
jurisdiction of a portion of N. W. 19th Street to the City of
Redmond; 2) signature of Public Affairs Counsel Contract; 3)
approval of appointment of County Medical Examiner; 4)
signature of Agreement between Deschutes County and Judith
Getz to purchase Lot 7, The Woodlands, First Addition; 5)
signature of Order No. 98-186 and 98-187, authorizing the
refund of taxes; 6) signature of Resolution No. 98-119,
transferring appropriations within various funds of the 1998-
99 Deschutes County Budget; and 7) signature of Resolution No.
98-136, amending Order No. 98-118.
NIPPER: I move approval of consent agenda.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
4. SIGNATURE OF DECISION ON BOARDS REVIEW OF THE CONDITIONAL USE
PERMIT AND PARTITION OF 40 -ACRE PARCELS INTO TWO 20 -ACRE
PARCELS FOR AMBER CRAIG AND STEVE SCOTT
Before the Board was signature of the decision on Board review
of the Conditional Use Permit and Partition of 40 -acre parcels
into two 20 -acre parcels for Amber Craig and Steve Scott.
Bruce White stated he would like to open the record to put in
a list of documents submitted into the record, a letter dated
December 24, 1998 from Ron Eber, and a memo by Kevin Harrison
dated December 30, 1998.
MINUTES 2 DECEMBER 30, 1998
SWEARINGEN: Move approval of reopening the record to
submit the three items listed by Bruce White.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Bruce White stated the Dorvinen case did not apply. He felt
the law was misinterpreted and the court of appeals really got
it wrong. He stated they had tried to paint the 80 -acre
minimum as an across the board minimum lot size when other
parts of the statutes expressly say that was not the case. He
felt the Department could not support the Dorvinen decision.
Bruce White felt it would be appropriate to close the record
at this point.
George Read stated that before Dorvinen they did not have a
problem with our minimum lot size, so if Dorvinen was not
there it would not be a problem.
NIPPER: I move that the record be closed.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Bruce White made note that Steve Scott and his attorney and
Howard Paine from ARLU DeCo were in the audience.
SWEARINGEN: I move approval of the matter of the
Conditional Use Permit and Partition
applications for Amber Craig and the findings
and decision overturning the Hearings
Officer's decision, subject to review.
NIPPER: Second.
MINUTES 3 DECEMBER 30, 1998
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
SWEARINGEN: I move approval of the matter of the
Conditional Use Permit and Partition
application for Steve Scott and overturning
the Hearings Officer's decision, subject to
review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
5. ADOPTION OF ORDINANCE NO 98-084 AMENDING PL -20 DESCHUTES
COUNTY COMPREHENSIVE PLAN ADOPTING A COORDINATED POPULATION
PROJECTION
Before the Board was adoption of Ordinance No. 98-084,
amending PL -20, Deschutes County Comprehensive Plan, adopting
a coordinated population projection.
Catherine Morrow reported the public hearing had been held a
couple of weeks ago and there had been no testimony.
SWEARINGEN: I would move for the first and second reading
of Ordinance No 98-084, by title only.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-084, by title only.
SWEARINGEN:
NIPPER:
MINUTES 4
So moved for adoption.
Second.
DECEMBER 30, 1998
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
6. ADOPTION OF ORDINANCE NO 98-085 AMENDING THE COUNTY
COMPREHENSIVE PLAN AND ZONING ORDINANCE REGARDING REGIONAL
PROBLEM SOLVING
Adoption of Ordinance No. 98-085, amending the County
Comprehensive Plan and Zoning Ordinance regarding Regional
Problem Solving.
Dave Leslie stated this ordinance would provide staff with
direction to continue to look into the Regional Problem
Solving Project for regional problems and solutions.
NIPPER: I would move first and second reading of
Ordinance No. 98-085, by title only.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Chair Schlangen performed the first and second reading of
Ordinance No. 98-085, by title only.
NIPPER: Move adoption of Ordinance No. 98-085.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
7. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $576,818.89.
SWEARINGEN: Move approval subject to review.
MINUTES 5 DECEMBER 30, 1998
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
8. REAPPOINTMENT OF HERB WAITS JR TO NEWBERRY ESTATES SPECIAL
ROAD DISTRICT BOARD
Before the Board was reappointment of Herb Waits Jr. to the
Newberry Estates Special Road District Board.
SWEARINGEN: Move approval
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
9. REAPPOINTMENT OF HANK FAIRBROTHER TO LAZY RIVER SPECIAL ROAD
DISTRICT BOARD
Before the Board reappointment of Hank Fairbrother to Lazy
River Special Road District Board.
SWEARINGEN: Move approval.
NIPPER: I'll second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
10. APPEAL OF BEND URBAN AREA COMPREHENSIVE PLAN
Before the Board was an appeal of the Bend Urban Area
Comprehensive Plan.
Bruce White stated that both the City and the County had
adopted an updated comprehensive plan in November.
Bruce White reported there was a notice of Appeal of this
issue. We have yet to receive a copy of the appeal. He
MINUTES 6 DECEMBER 30, 1998
wondered if the County wanted to be involved or should the
City take the lead? It was Board consensus that the City
should take the lead.
11. AUTHORIZATION FOR CHAIRS SIGNATURE ON INDEMNITY AGREEMENT
RELATING TO PURCHASE OF TOEVS PROPERTY IN REDMOND
Before the Board was authorization for Chairs signature on an
Indemnity Agreement relating to the purchase of the Toevs
property in Redmond.
NIPPER: So moved.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
12. SIGNATURE OF ORDERS NO. 98-203, 98-204 AND 98-205
TRANSFERRING PROPERTY TO WILLIAMS COMMUNICATIONS, VEENKER, AND
COMBINED COMMUNICATIONS, INC.
Before the Board was signature of Orders No. 98-203, 98-204
and 98-205, transferring property to Williams Communications,
Veenker, and Combined Communications, Inc.
Rick Isham stated these were the three properties discussed at
the hearing on December 16, 1998.
SWEARINGEN: I move signature of Orders No. 98-203, 98-204
and 98-205.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
MINUTES 7 DECEMBER 30, 1998
13. CHAIR SIGNATURE ON ALL CLOSING DOCUMENTS AND INDEMNITY
AGREEMENT TO CLOSE THE AGREEMENT
Before the Board was authorization of the Chairs signature on
all closing documents and Indemnity Agreement to close the
agreement.
SWEARINGEN: Move approval.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
14. DECLARE PROPERTY SURPLUS AND TRANSFER IT TO A QUALIFIED NON-
PROFIT BOYS AND GIRLS CLUB
Before the Board was a request to declare property surplus and
transfer the mobile home to a qualified non-profit Boys and
Girls Club.
SWEARINGEN: I would move that we declare the Moen property
surplus and allow the transfer to a qualified
non-profit organization which would be the
Boys & Girls Club of Central Oregon and they
are responsible for all moving costs and do so
within 30 days.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
15. APPROVAL OF SETTING ASIDE $65,000 FOR PARK IMPROVEMENTS ON THE
BECKY JOHNSON PROJECT IN REDMOND
Before the Board was approval of setting aside $65,000 for
park improvements on the Becky Johnson project in Redmond.
SWEARINGEN: I move approval of $65,000 to be set aside for
the park improvements on the Becky Johnson
MINUTES 8 DECEMBER 30, 1998
project in Redmond and the property will
become a Deschutes County Park.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
This being his last Board meeting, Commissioner Nipper thanked
the two other Commissioners for the good working relationship.
Commissioners Linda Swearingen felt that Commissioner Nancy
Schlangen and Commissioner Bob Nipper had done a good job.
She felt they were leaving the County better off than when
they took office.
DATED this 30th day of December 1998, by the Deschutes County
Board of Commissioners.
nATEST:
Recording Sec etary
r
nda L. Swearindsw, Commissioner
MINUTES 9 DECEMBER 30, 1998