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1999-118-Minutes for Meeting December 16,1998 Recorded 3/11/1999VOL: CJ1999 PAGE: 118 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: Mar. 11, 1999; 3:26 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 11 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK *01999-118 *Vol -Page 03/24/1999 15:01:13 MjCp,0FjLMED r APR 0 11999 ZHU 2 4 19G�' MINUTES DESCHUTES COUNTY BOARD OF COMMISSIft�+ 11Wednesday, December 16, 1998 [)y ( ( {'P(H 3' 26 Mrill l JtiL i L-Aiii0lLL .iiY Chair Nancy Pope Schlangen called the Board of Coun���b in "LWKoners 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 Mike Maier, County Administrator; Rick Isham, Legal Counsel; Meaghan Houska, Communications Director; Kevin Harrison, Planner; and Bruce White, Assistant County Counsel. CONVENE AS THE GOVERNING BODY OF THE 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 $922.61. NIPPER: So moved. SWEARINGEN: 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 $19,152.74. NIPPER: So moved. SWEARINGEN: Second. MINUTES 1 DECEMBER 16, 1999 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 Bend Library County Service District in the amount of $31,455.78. SWEARINGEN: Move approval. NIPPER: 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 $225.00. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 2 DECEMBER 16, 1999 5. SIGNATURE OF ORDER NO. 98-199, VACATING A PORTION OF MASTEN ROAD AND PIERCE ROAD AND CHAIRS SIGNATURE OF THE COVENANT TO DEDICATE Before the Board was signature of Order No. 98-199, vacating a portion of Masten Road and Pierce Road and Chairs signature of the covenant to dedicate. SWEARINGEN: I would move signature of Order No. 98-199 and Chairs signature of the covenant to dedicate. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS 6. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Intergovernmental Cooperative Agreement for law enforcement services between City of Bend, Deschutes County, Crook County, City of Prineville, City of Redmond and Black Butte Ranch; 2) signature of Lease between Deschutes County and Desert Sky Development Company for Sheriff's Office Substation in Terrebonne; 3) signature of Motorola Agreement to purchase mobile data system; 4) signature of Contract with State Marine Board for boating safety and law enforcement services; 5) signature of Contract for services for snowplowing with River Meadows Homeowners Association; 6) signature of Order No. 98-196, establishing 35 MPH speed on S.W. 73rd Street, Order No. 98-197, establishing 40 MPH speed on Bridge Drive, and Order No. 98-198, establishing 35 MPH speed on McGrath Road; 7) signature of $30,000 grant from State of Oregon for Breitenbush House; 8) signature of Contract for services between Deschutes County and Rogue Recovery; 9) signature of Intoxicated Drive Program Fund Access Agreements with Pfeifer & Associates and Rogue Recovery; 10) reappointment of Linda Swearingen and Susan Mayea to Regional Strategies Committee; 11) appointment of Tom Anderson to Central Oregon Economic Development Council; 12) MINUTES 3 DECEMBER 16, 1999 signature of Order Nos. 98-184 and 98-185, authorizing the refund of taxes; and 13) signature of Resolution No. 98-135, transferring appropriations within 1998-99 Deschutes County Budget. SWEARINGEN: So moved. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 7. PUBLIC HEARING ON ORDINANCE NO. 98-084 AMEND THE DESCHUTES COUNTY COMPREHENSIVE PLAN REGARDING A COORDINATED POPULATIONS FORECAST Before the Board was a public hearing on Ordinance No. 98-084, amend the Deschutes County Comprehensive Plan regarding a coordinated populations forecast. Chair Schlangen opened the public hearing and continued it to 4:00 p.m. in La Pine. 8. PUBLIC HEARING ON ORDER NO 98-161 EXCHANGING REAL PROPERTY Before the Board was a public hearing on Order No. 98-161, exchanging real property. Chair Schlangen opened the public hearing. There being no testimony, the public hearing was closed. SWEARINGEN: I would move signature of Order No. 98-161. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 4 DECEMBER 16, 1999 9. ADOPTION OF ORDINANCE NO 98-090 AND 98-091 PLAN AMENDMENT PA -98-6 AND ZONE CHANGE ZC-98-3 FOR JIM AND LINDA WILSON AND CENTRAL OREGON PARKS & RECREATION DISTRICT Before the Board was adoption of Ordinance No. 98-090 and 98- 091, Plan Amendment PA -98-6 and Zone Change ZC-98-3 for Jim and Linda Wilson and Central Oregon Parks & Recreation District. Heidi Kennedy reported these ordinances went along with the public hearing that was held last month. SWEARINGEN: I would move first and second reading of Ordinance No. 98-090, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 98-090, by title only. SWEARINGEN: I would move adoption of Ordinance No. 98-090. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SWEARINGEN: I would move first and second reading of Ordinance No. 98-091, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 98-091, by title only. MINUTES 5 DECEMBER 16, 1999 SWEARINGEN: I would move adoption. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 10. SIGNATURE OF DECISION ON PLAN AMENDMENT PA -98-7 TO AMEND DESCHUTES COUNTY COMPREHENSIVE PLAN MAP AND ZONE CHANGE ZC 98 4 TO AMEND ZONING MAP TO CHANGE FROM FOREST TO EFU FOR JAMES WATTS Before the Board was signature of a decision on Plan Amendment PA -98-7 to amend Deschutes County Comprehensive Plan Map and Zone Change ZC-98-4 to amend Zoning Map to change from Forest to EFU for James Watts. NIPPER: I would move signature. SCHLANGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: Commissioner Linda Swearingen abstained because she was not present at the public hearing. 11. SIGNATURE OF APPROVAL OF SALE OF SOUTHERN PORTION OF OLD COUNTY FAIRGROUNDS Before the Board was signature of an approval of the sale of the Southern portion of the old Count Fairgrounds. Rick Isham reported there was a proposal which was for the appraised value of the property. Because of the way the Fred Meyer transaction was structure, he requested direction to put together the sales document . It was the consensus of the Board that Rick Isham go forward with negotiations on this item. MINUTES 6 DECEMBER 16, 1999 12. SIGNATURE OF AGREEMENT WITH CITY AND SCHOOL DISTRICT FOR PROPERTY FOR BECKY JOHNSON COMMUNITY CAMPUS Before the Board was signature of an agreement with the City and School District for property for the Becky Johnson Community Campus. Rick Isham reported there were some changes to the copy the Board had received earlier. Commissioner Linda Swearingen reported there should be 8 new tennis courts. She stated that as part of the agreement the City and School District will maintain them. SWEARINGEN: I would approval with the City of School District. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES of the Exchange Agreement Redmond and the Redmond 13. ADOPTION OF AN ORDINANCE NO 98-093 AMENDING DESCHUTES COUNTY CODE CHAPTER 11.08, EXCHANGE OF REAL PROPERTY TO ADD A NEW SECTION ENTITLED TAX FORECLOSED PROPERTY Before the Board was adoption of Ordinance No. 98-083, amending Deschutes County Code Chapter 11.08, exchange of real property to add a new section entitled Tax Foreclosed Property. Rick Isham SWEARINGEN: I would move first and second reading of Ordinance No. 98-093, by title only. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 7 DECEMBER 16, 1999 Chair Schlangen performed the first and second reading of Ordinance No 98-093, by title only. NIPPER: I'll move adoption of Ordinance No. 98-093. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 14. SIGNATURE OF FINAL ORDER NO 98-200 APPROVAL OF EXCHANGE OF REAL PROPERTY WITH OREGON STATE PARKS DEPARTMENT FOR TWO COUNTY PROPERTIES LOCATED NEAR SMITH ROCK STATE PARK Before the Board was signature of the final Order No. 98-200, approval of exchange of real property with Oregon State Parks Department for two county properties located near Smith Rock State Park. Rick Isham stated clean up was done. SWEARINGEN: I would move signature of final Order No. 98- 200. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 15. SIGNATURE OF ORDINANCE NO 98-092 ADOPTING NEW PUBLIC CONTRACT -RULES Before the Board was adoption of Ordinance No. 98-092, adopting new Public Contract Rules. Rick Isham reported the attorney general had adopted the new rules adopted in the 1997 legislative session. SWEARINGEN: I would move the first and second reading of Ordinance No. 98-092, by title only. MINUTES 8 DECEMBER 16, 1999 NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES Chair Schlangen performed the first and second reading of Ordinance No. 98-092. SWEARINGEN: Move adoption of Ordinance No. 98-092. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 16. CHAIRS SIGNATURE OF QUITCLAIM RELEASING BUREAU OF RECLAMATION EASEMENT Before the Board was authorization of Chairs signature of a Quitclaim releasing Bureau of Reclamation Easement. SWEARINGEN: I would move signature of Quitclaim Releasing Bureau of Reclamation Easement. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 17. SIGNATURE OF AMENDMENT TO WATERMASTER AGREEMENT Before the Board was signature of an amendment to the Watermaster Agreement. Mike Maier reported there were some inaccurate dates in the agreement which have been amended. SWEARINGEN: Move approval. NIPPER: Second. MINUTES 9 DECEMBER 16, 1999 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 18. SIGNATURE OF AGREEMENT BETWEEN DESCHUTES COUNTY AND BROTHERS SCHOOL DISTRICT FOR SANITATION INSPECTIONS Before the Board was signature of Agreement between Deschutes County and Brothers School District for sanitation inspections. SWEARINGEN: Move approval. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 19. APPOINTMENT OF ROBERT ELY TO THE RIVER BEND ESTATES SPECIAL ROAD DISTRICT BOARD Before the Board was appointment of Robert Ely to the River Bend Estates Special Road District Board. SWEARINGEN: I would move to appoint Robert Ely to the River Bend Estates Special Road District. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 20. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $3,034,133.00. SWEARINGEN: NIPPER: MINUTES 10 Move approval subject to review. Second. DECEMBER 16, 1999 VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 16th day of December, 1998, by the Deschutes County Board of Commissioners. QuaL-ZL' — Recording Se etary Nancy S langen, Chair // C L. Nipper, C6ifimyW16ner L. Swearingen, Commissioner MINUTES 11 DECEMBER 16, 1999