1999-767-Minutes for Meeting May 05,1999 Recorded 6/18/1999VOL: CJ1999 PAGE: 767
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-767 * Vol -Page Printed: 07/06/1999 08:40:16
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. 18, 1999; 8:42 a.m.
Regular Meeting
(CJ)
NUMBER OF PAGES: 6
V.t 0. 0,-,/,�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, May 5, 1999
Chair Linda L. Swearingen called the Board of County Commissioners
meeting to order at 10:06 A.M. County Commissioners present were
Linda L. Swearingen, Dennis R. Luke, and Tom DeWolf. Also present
was Mike Maier., County Administrator; Ron Meckler, 9-1-1 Director;
George Read, Community Development Director; Kevin Harrison,
Planner; Paul Blikstad, Planner; Bruce White, Assistant County
Counsel; and Damian Syrnyk, Planner.
1. CITIZEN INPUT:
Peter Russell from Oregon Department of Transportation
requested a continuance of 30 days regarding the Weigh Station
Public Hearing. They also requested a 30 day extension to the
150 day timeline which was due to expire on May 28, 1999.
Bruce White stated the hearing for tonight had been posted for
a time certain. He stated the Board could open the public
hearing tonight and continue it to another date certain. Or
the Board could make sure the media was notified and get the
information out about the hearing being continued to another
date and time.
Commissioner Swearingen stated she felt an obligation to be at
the hearing to accept testimony from people that would not get
the word that the public hearing was continued.
Liz Fancher, attorney for High Desert Museum, stated she was
also requesting a continuance of 30 days.
Susan Fitch, representative for Gordon Smith, stated she was
present to answer any questions the Commissioners may have.
2. SIGNATURE OF DECISION ON OREGON LAND DEVELOPMENT APPEAL
Before the Board was signature of a decision on the Oregon
Land Development Appeal.
MINUTES Page 1 of 6 MAY 5, 1999
RECEIVED
DESCHVIES
COUNTY CLERK
Y: y�AM.
Bruce White reviewed revisions in the decision on the Oregon
Land Development appeal with the Board of County
Commissioners. He stated the Boards' approval was for an 18
foot right of way from the center of the road.
3. SIGNATURE OF ASSIGNMENT AND INDEMNITY AGREEMENT TO ASSIGN
ASHLEY IMPROVEMENT AGREEMENT TO THE CITY OF BEND AS THE
SUBDIVISION HAS BEEN ANNEXED INTO THE CITY
Before the Board was signature of Assignment and Indemnity
Agreement to assign Ashley Improvement Agreement to the City
of Bend as the subdivision has been annexed into the City.
Bruce White reviewed this agreement with the Board of County
Commissioners. He stated we were assigning this to the City
of Bend as it had been annexed into the City. Bruce White
requested the Board sign the Assignment and approve the escrow
instructions subject to legal counsel review.
LUKE: So moved.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
4. APPROVAL OF REQUEST FOR PROPOSALS FROM QUALIFIED LICENSED
INSURANCE AGENTS INTERESTED IN SUBMITTING A PROPOSAL FOR AGENT
OF RECORD FOR EMPLOYEE BENEFITS
Before the Board was approval of a request for proposal from
qualified licensed insurance agents interested in submitting
a proposal for agent of record for employee benefits.
Rick Isham reported he had received comments regarding the
proposals. He felt we were ready to go with this document.
LUKE: So moved, subject to review by the Benefits
Committee.
DEWOLF: Second.
MINUTES Page 2 of 6 MAY 5, 1999
S.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
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 $3,745.18.
LUKE: So moved, subject to review.
SWEARINGEN: I'll second it.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
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 $88,642.68.
DEWOLF: Move approval, subject to review.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
MINUTES Page 3 of 6 MAY 5, 1999
7.
M
a
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 $965.64.
LUKE: So moved, subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
SIGNATURE OF BUSINESS LOAN TO THE COMMISSION ON CHILDREN &
FAMILIES TO COMPLETE A PROJECT
Before the Board was signature of a business loan Commission
on Children & Families to complete a project.
Susan Mayea reported the original loan request was for a
maximum of $6,900. The loan was for a Year 2000 Project.
LUKE: So moved not to exceed $6,900.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Order No. 99-081, establishing a speed
of 35 MPH on Choctaw Road in Deschutes River Woods and
installation of signs; 2) signature of Order No. 99-060,
establishing a speed of 35 MPH on Shoshone Road in Deschutes
River Woods and installation of signs; 3) signature of
Resolution No. 99-027, initiating the vacation of a portion of
16th Street in Terrebonne by a property owner abutting a
portion of 16th Street which has never been improved or open
MINUTES Page 4 of 6 MAY 5, 1999
for traffic; 4) signature of Order No. 99-061, vacating a
portion of 16th Street in Terrebonne; 5) signature of Order No.
99-091, authorizing the repurchase of tax foreclosed property
by the last owner of record; 6) signature of Bargain and Sale
Deed, authorized by Order No. 99-091, to allow last owner of
record to purchase tax foreclosed property; 7) signature of
PacifiCorp Right of Way Easement granting 10 -foot easement to
PacifiCorp for construction and removal of electric power
transmission and communication lines at the new Deschutes
County Fairgrounds; 8) signature of Resolution No. 99-031,
transferring appropriations within the 1998-99 Deschutes
County Budget; 9) signature of Order No. 99-064, authorizing
the refund of taxes; and 10) approval of weekly accounts
payable vouchers subject to review in the amount of
$883,632.05.
DEWOLF: I would move approval of the consent agenda.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
10. DECISION OF WHETHER TO HEAR PLAN AMENDMENT AND ZONE CHANGE
FROM FOREST USE (F-1) TO SURFACE MINING (SM) TO INCLUDE IN THE
COUNTY'S INVENTORY A 20 -ACRE PARCEL LOCATED NORTH OF LA PINE
FOR APPLICANT LA PINE REDI MIX AND WHETHER TO HEAR PLAN
AMENDMENT AND ZONE CHANGE FROM SURFACE MINING (SM) TO FOREST
USE (Fl) FOR 80 -ACRES OF A 630 -ACRE PARCEL LOCATED NEAR BLACK
BUTTE RANCH FOR PETER STOTT
Before the Board was a decision of whether to hear a Plan
Amendment and Zone Change from Forest Use to Surface Mining to
include in the County's inventory a 20 -acre parcel located
North of La Pine for applicant La Pine Redi Mix and whether to
hear Plan Amendment and Zone Change from Surface Mining to
Forest Use for 80 -acres of 630 -acre parcel located near Black
Butte Ranch for Peter Stott.
Commissioner Swearingen stated she had a problem with the
decision on both of these issues. She felt there was a
problem with the definition of what was a significant amount
MINUTES Page 5 of 6 MAY 5, 1999
of rock. She felt the Hearings Officer took staff's
recommendation and did not consider the expert testimony to be
valid. Commissioner Swearingen asked if George Read had
looked at these decisions.
George Read stated he had not reviewed either one of these
decisions yet, but he would do so. He stated there was a new
rule passed regarding adding sites to the inventory.
Commissioner Swearingen stated the Hearings Officer had felt
these would be appealed. She recommended hearing these two
issues de novo.
Commissioner Luke felt it was a very serious step when you
took an area out of an aggregate zone because it was reducing
the accessible inventory of aggregate. He thought it would be
a very good idea to call these two items up.
SWEARINGEN: I would move that we call up PA -98-12, ZC-98-
6, PA -98-11 and ZC-98-5, and have them come
before the Board of Commissioners in a de novo
hearing.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
DATED this 5th day of
of Commissioners.
AT T:
Recording Secretary
May 1999 by the Deschutes County Board
nda L. Sweari en, Chair
Tom DeW Commi Toner
Dennis R. Luke, Commissioner
MINUTES Page 6 of 6 MAY 5, 1999