Loading...
1999-747-Minutes for Meeting April 28,1999 Recorded 6/4/1999VOL: CJ1999 PAGE: 747 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ1999-747 *Vol -Page Printed: 06/09/1999 14:19:49 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Jun. 4,1999; 12:51 p.m. Regular Meeting (CJ) NUMBER OF PAGES: 13 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK ME MINUTES 0-' -" DESCHUTES COUNTY BOARD OF COMMISSIONERS 28, 1999 Wednesday, April l Chair Linda L. Swearingen called the Board of County Commissioners meeting to order at 9:44 A.M. County Commissioners present were Linda L. Swearingen, Tom DeWolf, and Dennis R. Luke. Also in attendance was Mike Dugan, District Attorney; Mike Maier, County Administrator; Jim Bonnarens, Property Management; Bruce White, Assistant County Counsel; Dave Leslie, Planner; and Kevin Harrison, Planner. 1. 9:45 A.M. HIGH DESERT MIDDLE SCHOOL JAZZ BAND PERFORMANCE The High Desert Middle School Jazz Band performed for the Board of County Commissioners. 2. CITIZEN INPUT: None 3. PRESENTATION OF 15 YEAR PLAQUE TO HARRY ENGLISH The Board of County Commissioners presented Harry English a 15 year plaque for his years of service with the County. 4. PROCLAMATION DECLARING MAY 6, 1999 AS CENTRAL OREGON VOLUNTEER APPRECIATION DAY Before the Board was a proclamation declaring May 6, 1999 as Central Oregon Volunteer Appreciation Day. Lin Gardner reviewed the activities. Dave Holm stated there would be an event held at the Bend Armory from 6-8 p.m. to announce the Volunteer of the Year on May 6, 1999. Candy Frybaugh stated the evening of May 6, 1999, would include music and magic performances. She reported there were 23 People nominated for the Volunteer of the Year. The judges this year were the three County Commissioners, Jerry Thackery, Carrie Gilman, Neil Thompson, Bob Shotwell, Nancy Schlangen, and Jim Young. Lin Gardner introduced Elsie Smith, 1998 Volunteer of the Year. Lin Gardner presented a copy of an article from the local newspaper to the County Commissioners. MINUTES Page 1 of 13 APRIL 28, 1999 Commissioner Tom DeWolf read the proclamation declaring May 6, 1999 as Volunteer Appreciation Day. DEWOLF: I would move that we hereby proclaim May 6 as Volunteer Appreciation Day. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 99-003, AMENDING THE BEND AREA GENERAL PLAN TO CHANGE THE PLAN DESIGNATION AND ORDINANCE NO. 99-004, AMENDING THE BEND URBAN AREA ZONING MAP TO CHANGE THE ZONING DESIGNATION FOR CERTAIN PROPERTY Before the Board was the second reading and adoption of Ordinance No. 99-003, amending the Bend Area General Plan to change the plan designation and Ordinance No. 99-004, amending the Bend Urban Area Zoning Map to change the zoning designation for certain property. LUKE: So moved for second reading, by title only. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES Chair Linda Swearingen performed the second reading of Ordinance No. 99-003, by title only. LUKE: So moved for adoption of Ordinance No. 99-003. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES MINUTES Page 2 of 13 APRIL 28, 1999 Chair Swearingen asked if there was a motion for the second reading of Ordinance No. 99-004. LUKE: So moved, by title only. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES Chair Linda Swearingen performed the second reading of Ordinance No. 99-004, by title only. Chair Swearingen stated she needed a motion for adoption of Ordinance No. 99-004. DEWOLF: So moved. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 6. PUBLIC HEARING ON ORDER NO. 99-079, FORMATION OF EAGLE ROCK FIREARMS DISTRICT AND ORDER NO. 99-080, FORMATION OF LOWER BRIDGE ESTATES FIREARMS DISTRICT Before the Board was a public hearing on Order No. 99-079, formation of Eagle Rock Firearms District and Order No. 99- 080, formation of Lower Bridge Estates Firearms District. Bruce White reported what was before the Board was two public hearings regarding "No Shooting Zones". The two no shoot zones were adjacent and he requested the public hearings begin in conjunction with one another. He stated there would need to be two separate motions. There were other anti -discharge subdivisions in other areas of the County as well as along the Deschutes River. In order to sign the Orders approving the no shoot zone, the Board needs to find that this would be of benefit to the subdivision. The petition has been brought to MINUTES Page 3 of 13 APRIL 28, 1999 the Homeowners in the Lower Bridge States. He notified Oregon Department of Fish & Wildlife and Oregon Hunters' Association. Chair Linda Swearingen opened the public hearing on both Order No. 99-079 and 99-080. Diane Lozito testified. She stated she had 100. of the petitioners signatures of the Eagle Rock and she also received 11 signatures for Lower Bridge Estates. She stated all but one homeowner was for the no shoot zone. She has posted hearing notices at the Community Bank in Terrebone, Terrebone Post Office and Bordenbeck Park. She provided a hand drawn map of the area. She described the area around the subdivisions. She provided photos of the Eagle Rock and Lower Bridge Estates subdivisions. She read a letter into the record from David Jenkins. She gave several examples of incidents of shooting in the area. She felt that since they paid thousands of dollars in tax dollars and they owned to the middle of the river, she felt they should not have to run into their homes when they heard gun shots. Victor Borgazee stated he owned property but he has not built there yet. He stated he could not vote in the petition process because he was not a registered voter for that area. He felt that if there was an ordinance, the homeowners rights would be taken away. He felt that people would shoot anyway even if there was a new ordinance added. He spoke on behalf of several other people. He felt the homeowners should deal with it themselves without a new ordinance. Commissioner Luke stated that citizens would not be able to deal with that on their own. The sheriff would not be able to respond unless there was a no shoot zone. Don Letzen stated he did not sign the petition. He stated he was a responsible gun owner. He did not feel that a no shoot zone was necessary in the Lower Bridge Estates. He does not target practice, but he did shoot at jack rabbits eating their flowers. He felt the existing laws were adequate. He felt the Eagle Rock subdivision was a different story. He disagreed with the way the petition had been brought forth. He questioned the posting of the notice. He stated he had checked on the notices that were posted. He felt they were MINUTES Page 4 of 13 APRIL 28, 1999 not posted correctly and the petitioner had tried to hide them. Commissioner Luke asked how many signatures were received in his subdivision. He clarified that after the law was kicked out in 1995 inadvertently, the sheriff had an extremely difficult time enforcing these issues. Don Letzen felt that people were not given the correct information when they signed the petition. He expressed concern about the law applying the homeowners using guns in the subdivisions. Tom DeWolf stated that all the examples Mr. Letzen presented would be exempt because these were instances where the person was protecting their property. Victor Borgazee stated that a State Policeman was his neighbor and felt he would take care of it. He also stated that most of the people adjoined BLM property. Doug Strain testified. He was a resident of Eagle Rock. He testified that he had not had any life threatening experiences. He felt there was a problem with people not using common sense along the river. He stated they were trying to get the river corridor back by picking up garbage. He felt safety was important. He did not anticipate problems with his neighbors. Ed. Beard of Eagle Rock subdivision resident testified. He stated he had to stay in his house during the hunting seasons. He had an incident which occurred. He stated he was a gun owners. He stated that even though there had been guns discharged on his property, he supported the no shoot zone. Carol Jacqua stated she lived in Eagle Rock. She stated there were a lot of people that used the river. She stated her property was set back and there was no problem there. Steve George, Oregon Department of Fish & Wildlife, stated they were neutral on this type of situation. Their main concern was safety. He felt there should be adequate signage. MINUTE: Page 5 of 13 APRIL 28, 1999 Diane Lozito rebutted by stating that all the registered voters in Lower Bridge Estates were notified 3 months ago. She reported the notice had also been published in the Bend Bulletin. Commissioner Luke asked about the posting of the notice at the park. Diane Lozito stated she had posted the notice by the Bordenbeck Park sign just was you go in the main gate. Commissioner Swearingen asked if the boundaries were adjusted for Lower Bridge Estates to include only the lots that border the river. Commissioner Luke stated they could not alter or modify the petition. Commissioner Swearingen asked if a new petition with different boundaries could be presented to the commissioners. Bruce White felt it included entire subdivisions. Commissioner Swearingen stated that since the notice was inaccurate, it would be appropriate to postpone this to another date. Commissioner Luke stated that a new notice should be mailed out to registered voters within the two subdivisions. It was a consensus that the notice should be mailed to each individual registered voter in the two subdivisions. These two public hearings were continued to May 12, 1999. 7. CONTINUED PUBLIC HEARING RELATING TO THE EXCHANGE OF COUNTY REVERSIONARY INTEREST IN REAL PROPERTY WITH BEND METRO PARK & RECREATION DISTRICT Before the Board was a continued public hearing relating to the exchange of County reversionary interest in real property with Bend Metro Park & Recreation District. Chair Linda Swearingen opened the continued public hearing. MINUTES Page 6 of 13 APRIL 28, 1999 Mike Stenkamp, Bend Metro Park & Recreation Board member, presented information regarding the pieces of property that were involved in this trade. He felt the review appraisals would be completed by May 4th. He reported the First on the Hill group was not a legal association. He provided an overview of the westgate portion of the trade. Commissioner Luke asked who owned the green area on the map and who would maintain the trails. Mike stated the park district owned the green area and the park district would maintain the trails. Commissioner Swearingen stated that when the County gave property to the Park District it was understood that the property would be used for trading stock. She stated there never was a guarantee that these would be developed. Mike Stenkamp provided a photo of the river piece of property. He stated this would be a piece of property that would 16 acres of park land which was 3 more acres than Drake Park. He reported there would be 25 acres of river property including the 9 -acres from Brooks. Commissioner Luke asked if the money that came from the sale would be used for Administration of Parks & Rec or used for the land trade. Mike Stemkamp reported it would probably be used towards the land trade. Mike reported that the appraisals were expected to be completed by May 4th. He stated Parks & Rec would like to make their final decision on May 18th. He felt this was more of a collaboration than a trade. He felt the public was being well served. Commissioner Swearingen stated the Board would not take any action until the Park & Rec Board had taken action. Rick Isham stated the public hearing was continued. He stated that in order to receive the information into the record, the Board would need to extend this to a date and time certain in order to save money on re -advertising. He recommended the Board continue the hearing to May 26, 1999 at 10 a.m. Ken Stevenson, resident of Gosney Road, testified. He expressed concerns about what was being done in regard to MINUTES Page 7 of 13 APRIL 28, 1999 public trust. He was concerned about the values being placed on these properties. He encouraged the Board to do what was right. He asked the Board to consider this issue very carefully. He felt the Board should look at some alternative solutions. Marcus Campell submitted written testimony and a video tape of the public hearing before Bend Metro Park & Recreation. John Calkins stated the review appraisals had not been completed yet. He expressed concern that the public comment period at the Bend Metro Park & Rec public hearing had been closed before the review appraisals had been received. Commissioner Swearingen reiterated the property was always intended to be used as trading stock. She felt that he was not given accurate information when he purchased his property. She stated the property had been given to the Park District for trading stock and as long as the value of the trade was equal or greater and the land was used for a public purpose the County could be satisfied. Marcus Campbell addressed a couple of mistakes made by Parks & Rec. He felt that Bend Metro Parks & Recreation had made numerous blunders in this process. He submitted written testimony and a video tape. Chuck Berleigh, Park & Recreation Board member, reiterated that the review appraisals were not ready yet. He further stated the Westgate proposal was presented at the Park & Recreation public meeting on April 20th. Chair Swearingen stated the public hearing would be continued to May 26, 1999. Commissioner DeWolf left the meeting at this point. MINUTE, Page 8 of 13 APRIL 28, 1999 8. DECISION OF WHETHER TO HEAR APPEAL OF HEARINGS OFFICER'S DENIAL ON RELATIVE FARM HELP DWELLING FOR PATRICK GISLER AND SIGNATURE OF ORDER NO. 99-090, ACCEPTING REVIEW OF THIS APPEAL Before the Board was a decision of whether to hear an appeal of the Hearings Officer's denial on a relative farm help dwelling for Patrick Gisler and signature of Order No. 99-090, accepting review of this appeal. Dan Van Vactor, attorney for Patrick Gisler, requested the appeal be heard on the record. Commissioner Luke asked for clarification regarding a de novo hearing compared with a hearing on the record. Bruce White discussed the differences with the Board. He explained they could have a de novo hearing but limit it to certain issues. Commissioner Swearingen felt it should be a de novo hearing. Dan Van Vactor stated there had only been two issues appealed. He felt that if it was a de novo hearing it should be limited to the two issues that were appealed. LUKE: So moved. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES 9. FIRST READING OF ORDINANCE NO. 99-015 ADDING SECTION 4.02, BUDGET, TO THE DESCHUTES COUNTY CODE Before the Board was the first reading of Ordinance No. 99- 015, adding section 4.02, Budget, to the Deschutes County Code. LUKE: I would move the first reading of Ordinance No. 99-015, adding sections 4.02 Budget, by title only. SWEARINGEN: Second. MINUTES Page 9 of 13 APRIL 28, 1999 VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES Chair Swearingen performed the first reading of Ordinance No. 99-015, by title only. The second reading will take place in two weeks. 10. SIGNATURE OF ORDER NO. 99-076, DESIGNATING REAL PROPERTY LOCATED IN THE CENTER CIRCLE OF THE NEW DESCHUTES COUNTY FAIRGROUNDS AS A PUBLIC PARK Before the Board was signature of Order No. 99-076, designating real property located in the center circle of the new Deschutes County Fairgrounds as a public park. LUKE: I so move signature of Order No. 99-076, as a new County park in the middle of Deschutes County Fairgrounds. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 11. 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 $985.71. LUKE: So moved subject to review. SWEARINGEN: Second. MINUTES Page 10 of 13 APRIL 28, 1999 VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 12. 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 $89,416.22. LUKE: So moved subject to review. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT 13. 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 $238.96. LUKE: So moved, subject to review. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS MINUTES Page 11 of 13 APRIL 28, 1999 14. CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of Intergovernmental Agreement between Office of. Alcohol & Drug Abuse Programs and Deschutes County to Conduct Life Skills Training program for one year; 2) signature of Acceptance of Warranty Deed from Charles and Sandra Culver and Central Electric Cooperative to complete the purchase and exchange of real property; 3) signature of Warranty Deed from Deschutes County to Central Electric Cooperative Inc. to transfer property in exchange for property near Knott Landfill; 4) signature of Personal Services Contract between Deschutes County and Z Net Solutions, LLC, for web site analysis, design, training, programming, testing, conversion, and maintenance; 5) signature of Order No. 99-078, amending Exhibit "A" relating to Order No. 99-056, for the sale of certain real property acquired by Deschutes County; 6) signature of Resolution No. 99-020, transferring appropriations within various funds of the 1998-99 Deschutes County Budget; 7) signature of Orders No. 99-062 and 99-063, authorizing the refund of taxes; and 8) approval of weekly accounts payable vouchers subject to review in the amount of $526,573.38. LUKE: So moved for approval. SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES 15. SIGNATURE OF LICENSE BETWEEN DESCHUTES COUNTY AND DESCHUTES COUNTY FAIR ASSOCIATION Before the Board was signature of a license between Deschutes County and Deschutes County Fair Association. LUKE: I would move signature of license between Deschutes County and the Deschutes County Fair Association to remove rock from County property for use on the fairgrounds. MINUTES Page 12 of 13 APRIL 28, 1999 SWEARINGEN: Second. VOTE: SWEARINGEN: YES DEWOLF: EXCUSED LUKE: YES DATED this 28th day of April 1999 by the Deschutes County Board of Commissioners. / Linda L. Swearingen, Chair Tom DeWoLf7 Commissioner T: Recording SecrEkary D nis R. Luke, Commissioner MINUTES Page 13 of 13 APRIL 28, 1999