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2000-51-Minutes for Meeting January 12,2000 Recorded 1/31/2000VOL: CJ2000 PAGE: 51 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-51 * Vol -Page Printed: 02/01/2000 10:35:07 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: Jan. 31, 2000; 8:19 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 7 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KE UN HED FE -12000 - / cj�&d, 5 ,00 JAN:3 0 AM 8: I'9 MINUTES MARY SUE FENIHOLLOW C0UNFY CLFRK BOARD OF COUNTY COMMISSIONERS' MEETING Wednesday, January 12, 2000 10:00 a.m. Chair Linda Swearingen opened the meeting at 10:00 a.m. Commissioners present were Linda Swearingen and Dennis Luke. Also present were Paul Blikstad, Community Development Department; Susan Mayea, Commissioners' Office; Tom Blust, Road Department; Legal Counsel Bruce White; County Administrator Michael Maier; and several citizens. Chair Swearingen opened the meeting at 10:05 a.m. < 1. CITIZEN INPUT There was no citizen input. Commissioner Luke suggested Agenda Item #3 be addressed first, due to possible citizen interest. 3. DECISION ON WHETHER TO HEAR AN APPEAL BY DANIEL KIESOW OF THE HEARINGS OFFICER'S DECISION DENYING CONDITIONAL USE FOR A NON-FARM DWELLING, AND A PARTITION FOR A THREE -ACRE PARCEL OUT OF A THIRTY-NINE ACRE PARCEL. Before the Board was a decision on whether to hear an appeal by Daniel Kiesow of the Hearing's Officers Decision de novo. Chair Swearingen stated that she had received a notice from Dan Kiesow that he would like to have the hearing de novo. County Counsel Bruce White explained that the Board has indicated they would hear the case, with the question being whether it is the Board's desire to hear it de novo. He stated that the Ordinance indicates a preference for hearing what is currently on the record, but the Board can consider hearing it de novo. Minutes of Board of Commissioners Meeting Page 1 of 7 January 12, 2000 Commissioner Luke said that at Monday's meeting the applicant had asked to submit some photos for the record to counter what he feels is a wrong decision by the Hearings Officer. By the same token, by going de novo, the Board can look at other things as well. A brief discussion ensued. SWEARINGEN: I move that the Board hear an appeal by Daniel Kiesow of the Hearings Officer's decision de novo. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. 2. PUBLIC HEARING REGARDING A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 19919=2000 AND MAKING APPROPRIATIONS. ° Before the Board was a Public Hearing regarding Resolution oNo.� 2000-007, adopting a Supplemental Budget for Fiscal Year 1999-2000; -;and making appropriations. Susan Mayea of the Commissioners' Office she indicated there was a change on page three, under Human Services (Mental Health). $30,000 was shown as additional receipts from Title 13, but she explained they would not be able to hit that target, so that amount had been deleted. The contingency line would now reflect $145,000. A brief discussion took place regarding which costs are reoccurring and which are continuously funded. SWEARINGEN: I hereby open the public hearing. No public input was offered. SWEARINGEN: I close the public hearing. Commissioner Luke asked to make a statement regarding the budget process. He stated that he is disappointed in the amount of time spent on the budget just to revise it six months later. He said many jurisdictions do not allow this, and he hopes enough time is spent on the next budget so a supplemental budget won't be necessary. He explained that the County should live with the money as budgeted, and he is glad that this year it is not a reduction. Minutes of Board of Commissioners Meeting Page 2 of 7 January 12, 2000 Chair Swearingen stated that unfortunately the County does not receive actual statements of what funds to be funded by the Federal and State agencies, and occasionally there are problems requiring revisions. She said that for the most part Departments are responsible for living with what they have in their budgets. Susan Mayea explained that this was an odd year, and that the County has never been off beginning cash this much. Commissioner Luke stated that if it is too easy for a department to do a supplemental budget, then they start to count on it; he would like it to be made clear to departments that the Board will frown on supplemental budgets except in emergencies. He explained he does not want it to be made too simple, and it should not be viewed as a standard policy. Mike Maier stated that decisions by the legislature affected the County, and that this was an unusual year. SWEARINGEN: I move to accept Resolution No. 2000-007, adopting the Supplemental Budget for Fiscal Year 1999-2000, and making appropriations. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. 4. CONSIDERATION OF ORDER NO. 2000-017 REGARDING NOTICES OF MEASURE ELECTION FOR SEVEN ELECTIONS ON WITHDRAWALS FROM SPECIAL ROAD DISTRICT NO. 1. Before the Board was Approval of Order No. 2000-017, regarding notices of measure election for seven elections on withdrawals from Special Road District No. 1. Deputy Counsel Bruce White stated that a little housekeeping needs to be done first, to add in a property that was left out in the Order sending this to an election. Signature of this Order will include this omitted property. He stated that there are also seven notices of measure for Chair signature, and that a separate motion is needed for each one. These are needed to be able for the Elections Clerk to send these to an election. Minutes of Board of Commissioners Meeting Page 3 of 7 January 12, 2000 SWEARINGEN: I move for signature of Order No. 2000-017. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw four properties owned by Charles J. Croal, James B. McKenney and Sharon A. Carter- McKenney, Jack V. Hill, Trustee and Madelon M. Hill, Trustee, and Lorraine P. Jansik. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw one property owned by John Turney and Marie S. Turney. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw two properties owned by Vernon D. DeLay and Donna D. DeLay, and John Schilstra and Shirley Schilstra. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw one property owned by Robert Breitenstein, Trustee and Zola Breitenstein, Trustee. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. Minutes of Board of Commissioners Meeting Page 4 of 7 January 12, 2000 SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw three properties owned by Michael G. Herrick, Brian L. Kitchen and Linda Komar Kitchen. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw six properties owned by Nicholas C. Van Wagner and Teresa R. Garner. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. SWEARINGEN: I move for Chair signature of Notice of District Measure Election to withdraw two properties owned by Allen J. Jaworski and Janice M. Jaworski. LUKE: I second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. 5. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was the Approval of Weekly Accounts Payable Vouchers in the Amount of $1,155,756.81. LUKE: I move approval of the weekly accounts payable vouchers, subject to review. SWEARINGE: Second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. 6. CONVENE AS THE GOVERNING BODY OF 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 $5,995.83. Minutes of Board of Commissioners Meeting Page 5 of 7 January 12, 2000 LUKE: I move approval of the weekly 9-1-1 County Service District accounts payable vouchers, subject to review. SWEARINGEN: Second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. 7. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Board was Approval of the Weekly Accounts Payable Vouchers for 4-H/Extension County Service District in the Amount of $405.08. LUKE: I move, approval of the weekly 4-H/Extension County Service District accounts payable vouchers, subject to review. SWEARINGEN Second. VOTE: LUKE: Aye. SWEARINGEN: Chair votes aye. RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA Before the Board was the Consent Agenda, Items 8 through 14: 8. Signature of a Personal Services Contract with Tia M. Lewis to Act as Hearings Officer for Deschutes County in Land Use Matters as Needed 9. Signature of Order No. 00-008, Establishing and Designating a Speed Limit on Juniper Road 10. Signature Accepting an Easement from Crossroad Station, LLC, and the Sunriver Owners Association Due to the Installation of the Traffic Control Signal at Venture Lane and South Century Drive 11. Signature of Approval of Resolution No. 00-001, Initiating the Vacation of an Easement Offered for Public Access, off Wilt Road, near Sisters Minutes of Board of Commissioners Meeting Page 6 of 7 January 12, 2000 12. Signature of Order No. 00-003, Transferring Cash Among various Funds as Budgeted in the Deschutes County Budget for Fiscal Year 1999-2000, and Directing Entries 13. Signature of Resolution No. 00-002, Transferring Appropriations Within Various Funds of the Deschutes County Budget for Fiscal Year 1999-2000, and Directing Entries 14. Signature of Order No. 00-009, Voucher Tax Refunds LUKE: I move approval of the Consent Agenda. SWEARINGEN: Second. VOTE: LUKE: Aye. SWEARINGEN: "-Chair votes aye. 15. ADDITIONS TO THE AGENDA There were none. Chair Linda Swearingen adjourned the meeting at 10:28 a.m. DATED this 12th day of January 2000 by the Deschutes Commissioners. _ // i. Attest Minutes of Board of Commissioners Meeting January 12, 2000 Linda ty Board of Chair is R. Luke, Vice Chair Tom DeWolf, Commissioner Page 7 of 7