1999-669-Minutes for Meeting January 13,1999 Recorded 4/13/19999
VOL: CJ1999 PAGE: 669
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:
Apr. 13, 1999; 12:45 p.m.
Regular Meeting
(CJ)
10
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK mnof'LmED
APR 2 81999
*01999-669 • Vol -Page 04/21/1999 11:53:20
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONER$9 APR 13 PM 12:45
January 13, 1999
MARY 5uf: PE:N190LLOW
Chair Linda L. Swearingen called the Board of County Co�m�missioners
meeting to order at 10:03 a.m. County Commissioners present were
Linda L. Swearingen, Dennis R. Luke, and Tom DeWolf. Also present
was Damian Syrnyk, Planner; Kevin Harrison, Planner; Timm Schimke,
Solid Waste Director; Tom Blust, Road Department Director; Mike
Maier, County Administrator; Beverly Wilson, Legal Secretary; and
George Read, Community Development Director.
1.
2.
PRESENTATION OF YEAR TWO OF THE FIRE FREE PROGRAM
Before the Board was a presentation of year two of the Fire
Free Program.
Gary Marshall and Tom
presentation regarding
Program. The program
weekends in April.
CITIZEN INPUT
Faye showed a video tape and made a
the second year for the Fire Free
will be held during the last two
There was no citizens input.
3. PUBLIC HEARING ON ORDINANCE NO. 99-001, AMENDING TITLE 19, OF
THE DESCHUTES COUNTY CODE, TO ADD A NEW CHAPTER FOR REGULATING
DESTINATION RESORTS
Before the Board was a public hearing on Ordinance No. 99-001,
amending Title 18, of the Deschutes County Code, to add a new
chapter for regulating destination resorts.
Damian Syrnyk stated this adoption of Ordinance No. 99-001,
amending Title 19, of the Deschutes County Code to add a new
chapter for regulating destination resorts. Damian stated
notice had been posted and in the newspaper. Damian reviewed
the ordinance and exhibits with the Board.
MINUTES 1 JANUARY 13, 1999
Commissioner Luke asked if this only covered the ground within
the urban reserve. Damian stated destination resorts were
only allowed in counties.
Chair Swearingen opened the public hearing.
Nancy Craven testified on behalf of Cascade Partnership. She
stated she filed the ordinance. She felt it was an update of
the ordinance. It was used in the past for the expansion of
Eagle Crest.
There being no further testimony, Chair Swearingen closed the
public hearing.
LUKE: I would move first and second reading by title
only.
DEWOLF: I will second that.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
Chair Swearingen performed the first and second reading of
Ordinance No. 99-001, by title only.
DEWOLF: I move adoption of Ordinance No. 99-001.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
4. PUBLIC HEARING ON ORDER NO. 99-004 ANNEXING TERRITORY INTO
THE CLOVERDALE RURAL FIRE PROTECTION DISTRICT
Before the Board was a public hearing on Order No. 99-004,
annexing territory into the Cloverdale Rural Fire Protection
District.
MINUTES 2 JANUARY 13, 1999
Beverly Wilson reported this was a petition for a single piece
of property for annexation into the Cloverdale Rural Fire
Protection District.
Chair Swearingen opened the public hearing.
There being no testimony, Chair Swearingen closed the public
hearing.
LUKE: So moved.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
5. PUBLIC HEARING ON LOWER BRIDGE ESTATES ANNEXATION INTO RURAL
FIRE PROTECTION DISTRICT NO. 1 AND SIGNATURE OF ORDER NO. 99-
005, SETTING A FINAL HEARING
Before the Board was a public hearing on Lower Bridge Estates
Annexation into Rural Fire Protection District No. 1 and
signature of Order No. 99-005, setting a final hearing.
Beverly Wilson reported this property was being annexed into
Rural Fire District No. 1.
Chair Swearingen opened the public hearing.
There being no testimony, the public hearing was closed.
LUKE: So moved.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
MINUTES 3 JANUARY 13, 1999
6. APPROVAL OF CLOSING BYRUM ROAD PROPERTY TO MOTOR VEHICLES DUE
TO VEHICLE ACTIVITY AND POSTING OF SIGNS WITH DESCHUTES COUNTY
CODES
Before the Board was approval of closing Byrum Road property
to motor vehicles due to vehicle activity and posting signs
with Deschutes County Codes.
Jim Bonnarens reported on this item. There had been citizens
excavating on the county property and dumping garbage. This
would close the property to vehicles only. The public would
still be able to ride horses, walk their dogs, etc. on this
land.
Commissioner DeWolf stated he would like to see a sunset
clause in this for 1 year.
Commissioner Luke stated he had trouble with closing public
lands to just one group of people.
Commissioner Swearingen stated that when the public destroys
public property, there was a problem and something needed to
be done. She felt at this was an appropriate action to take.
DEWOLF: I would move closing the Byrum Road property
to motor vehicles due to vehicle activity and
posting of signs with a sunset of one year
with the date posted on the signs.
LUKE: I'll second the motion but that doesn't mean I
will vote for it.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: NO
7. SIGNATURE OF ORDER NO. 99-009, TRANSFERRING CASH WITHIN
VARIOUS FUNDS OF THE 1998-99 DESCHUTES COUNTY BUDGET
Before the Board was signature of Order No. 99-009,
transferring cash within the various funds of the 1998-99
Deschutes County Budget.
MINUTES 4 JANUARY 13, 1999
DEWOLF: I'll move that we do this.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
8. SIGNATURE OF RESOLUTION NO. 99-001, TRANSFERRING
APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE 1998-99 DESCHUTES
COUNTY BUDGET
Before the Board was signature of Resolution No. 99-001
transferring appropriations within various funds of the 1998-
99 Deschutes County Budget.
DEWOLF: Move approval.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
9. SIGNATURE OF ORDER NO, 99-018 AND 99-019, AUTHORIZING THE
REFUND OF TAXES
Before the Board was signature of Orders No. 99-018 and 99-
019, authorizing the refund of taxes.
LUKE: So moved.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
MINUTES 5 JANUARY 13, 1999
10. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT BETWEEN CROOK,
DESCHUTES, AND JEFFERSON COUNTIES AND CENTRAL OREGON
INTERGOVERNMENTAL COUNCIL FOR THE ADMINISTRATION OF THE
CENTRAL OREGON REGIONAL STRATEGIES PROGRAM
Before the Board was signature of an Intergovernmental
Agreement between Crook, Deschutes and Jefferson Counties and
Central Oregon Intergovernmental Council for administration of
the Central Oregon Regional Strategies Program.
DEWOLF: So moved.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
11. SIGNATURE OF DEVELOPMENT AGREEMENT AND LICENSE FOR PURKEY'S
ESPRESSO TO BE LOCATED IN THE JUSTICE BUILDING
Before the Board was signature of a Development Agreement and
License for Purkey's Espresso to be located in the Justice
Building.
Rick Isham reported the trial court administrator took out two
building permits for a snack bar. This operation would be
located on the second floor of the Justice Building.
DEWOLF: Move approval.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers in the amount of $1,796,863.40.
LUKE: So moved subject to review.
MINUTES 6 JANUARY 13, 1999
r
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
13. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers for the 4-H/Extension County Service District in the
amount of $606.12.
DEWOLF: I would move approval subject to review.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
14. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers for 9-1-1 County Service District in the amount of
$12,472.37.
LUKE: So move subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
MINUTES 7 JANUARY 13, 1999
15. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of the weekly accounts payable
vouchers for Bend Library County Service District in the
amount of $4,458.49.
LUKE: So moved subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
16. SIGNATURE OF APPROVING LEASE FOR HAP TAYLOR TO OCCUPY COUNTY
PROPERTY
Before the Board was signature of approving a Lease for Hap
Taylor to occupy county property.
Tom Blust stated this was for a waterline for Avion Water
Company. This would allow Hap Taylor to have a staging area
while he was installing the water line. There was a $20,000
bond attached.
LUKE: So moved.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
17. SIGNATURE OF EASEMENT FOR AVION WATER COMPANY TO PLACE WATER
LINE ON COUNTY OWNED PROPERTY BEHIND ROAD DEPARTMENT
Before the Board was signature of an Easement for Avion Water
Company to place a water line on County owned property located
behind the Road Department.
DEWOLF: I'll move that we do this.
LUKE: Second.
MINUTES 8 JANUARY 13, 1999
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
18. SIGNATURE OF RESOLUTION NO. 99-009, AMENDING RESOLUTION NO.
92-069, TO INCREASE PROPERTY MANAGEMENT'S CHECKING ACCOUNT
BALANCE
Before the Board was signature of Resolution No. 99-009,
amending Resolution No. 92-069, to increase Property
Management's checking account balance.
DEWOLF: So moved.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
Commissioner Swearingen left the meeting at this point.
19. CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of real property Lease for Sisters Sheriff
Substation; 2) signature of Order No. 99-014, declaring the
intent to create Hereford Local Improvement District known for
improvement to certain roads known as all of Hereford Avenue,
Journey Avenue, a portion of 93rd Street, a portion of 85th
Place and a portion of Gift Road, within the Whispering Pines
Subdivision; 3) signature of Order No. 99-015, declaring the
intent to create Piute Local Improvement District for
improvement to a certain dedicated public road known as Piute
Circle within Deschutes River Woods Subdivision; 4) signature
of Acceptance Deed and Declaration of Dedication of all
reserve strips in Squaw Creek Canyon Recreation Estates; 5)
signature of modified Intergovernmental Agreement between
Benton, Deschutes, Jefferson, Lincoln and Crook County and
Accountable Behavioral Health Alliance (ABHA); 6) signature of
Bargain & Sale Deed to Dan Kiesow for Jail property surplus;
7) signature of Agreement to purchase rail right-of-way on
MINUTES 9 JANUARY 13, 1999
Marshall Avenue for $5,000; and 8) appointment of Jim Kendall
to the Vandevert Acres Special Road District Board.
LUKE: I would move for approval of consent agenda.
DEWOLF: I will second it.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: YES
DATED this 13th day of January 1999 by the Deschutes County
Board of Commissioners.
A T:
Recording Secr tary
6i:nda L. Swearingen, Chair
Tom DeWpff/, Commissioner
Don' is R. Luke, Commissioner
MINUTES 10 JANUARY 13, 1999