2002-173-Minutes for Meeting March 13,2002 Recorded 3/18/2002DESCHUTES COUNTY OFFICIAL RECORDS f�T 2002-173
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E.S MARY SUE PENHOLLOW, COUNTY CLERK IBJ 2002.173COMMISSIONERS' JOURNALO3I18IYOOZ 09.OZ.47 AM
A Board of Commissioners
- / 1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.deschutes.org
Tom De off
MINUTES OF MEETING Dennis R. Luke
DESCHUTES COUNTY BOARD OF COMMISSIONERS Mike Daly
WEDNESDAY, MARCH 13, 2002
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly.
Also present were Mike Maier, County Administrator; Rick Isham, Mark Amberg
and Laurie Craghead, Legal Counsel; George Read, Eileen Obermiller and Chris
Schmoyer, Community Development; Tom Blust and Roger Olson, Road
Department; Kelley Jacobs, Juvenile Community Justice; Jenny Scanlon and
Susan Mayea Ross, Commissioners' Office; Media Representatives Mike Cronin of
the Bulletin and Barney Lerten of bendnet.com, and Jeff Mullens and KBND
Radio; approximately 22 students; and about 40 citizens.
Today's meeting was preceded by a musical presentation provided by the High
Desert Middle School Jazz Band, enjoyed by all!
Chair Tom De Wolf opened the meeting at 10:25 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Order No. 2002-037,
Establishing Deschutes County as a Weed Control District.
Tom Blust gave a brief overview of the proposed district, which has been
recommended by the Noxious Weed Advisory Committee. Part of the Order
lists noxious weeds.
Minutes of Board of Commissioners' Meeting
Page 1 of 8 Pages
Wednesday, March 13, 2002
Quality Services Performed with Pride
He explained that the first publication is scheduled for March 20; the Order
would be effective immediately after the second publication, which is scheduled
for March 27.
Commissioner Luke observed that this is a major problem not only in the County
but also throughout the state, including Forest Service and other public lands.
Roger Olson stated that this is the culmination of a lot of work done by the
Weed Board, which includes representatives from the U.S. Forest Service, the
Bureau of Land Management, the cities of Bend, Redmond and Sisters, the
community of Sunriver, and numerous citizens from throughout the area. There
is a lot of community concern about this problem.
Commissioner Daly asked how complaints would be handled in the future. He
said that in the past citizens have complained about this problem existing on
neighboring properties, especially those owned by absentee property owners;
and the citizens felt helpless to do anything about it. The County couldn't
properly address the problem either.
Roger Olson said the Order gives the Weed Board the ability to deal with the
problem and bill the landowner if the landowner doesn't take care of it. There
is a process to follow before it gets to that point. Tom Blust stated that the
formation of the district also makes it easier to get State Department of
Agriculture funding for this type of work.
LUKE: Move approval of Order No. 2002-037.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
3. Before the Board was the Second Reading and Consideration of Signature
of Ordinance No. 2002-004, Amending Title 22 of the Development
Procedure Ordinance of the Deschutes County Code in Order to Comply
with Oregon Revised Statute.
Eileen Obermiller gave a brief overview of the Ordinance.
LUKE: I move second reading of Ordinance No. 2002-004, by title only.
Minutes of Board of Commissioners' Meeting Wednesday, March 13, 2002
Page 2 of 8 Pages
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair Tom De Wolf then conducted the second reading, by title only.
LUKE: Move approval of Ordinance No. 2002-004.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
4. Before the Board was the Second Reading and Consideration of Signature
of Ordinance No. 2002-011, Amending Title 15.04 of the Deschutes County
Code, Building and Construction Codes and Regulations (regarding Water
Districts).
Laurie Craghead gave a brief overview, clarifying that this covers both
irrigation districts and water districts.
LUKE: I move second reading of Ordinance No. 2002-011, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair Tom DeWolf then conducted the second reading, by title only.
LUKE: Move approval of Ordinance No. 2002-011.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, March 13, 2002
Page 3 of 8 Pages
5. Before the Board was Consideration of a Decision Whether to Sign a
Restrictive Covenant (Easement) to Allow a Single -Family Dwelling to be
Placed within 250 Feet of the Boundary of a Surface Mine Zone (County -
Owned Property).
Chris Schmoyer gave a brief overview. The applicants wish to replace a
dwelling within 250 feet of the surface mining zone; Code requires that an
agreement be entered into between the property owner and the owner of zone.
The existing cabin has no power, and is only used for storage. The existing
manufacturer home would be required to be removed within 90 days of
occupancy of new dwelling; and the old septic system would be abandoned,
with the tank removed or filled as required. This is part of the land use
application process.
DALY: Move approval of this Restrictive Easement.
DEWOLF: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
6. Before the Board was Discussion of the Continuation of a Public Hearing
(Continued from January 23, 2002) Measure 7; and Consideration of
Approval of Ordinance No. 2002-012 (Previously Ordinance No. 2001-017),
regarding Private Property Compensation Procedures.
George Read explained that he is hopeful the Supreme Court case will be
decided by April 24, when this will again come before the Board.
This public hearing was then continued to April 24, 2002, at 10 a.m.
7. Before the Board was Consideration of Signature of an Order Accepting a
Petition Filed for the Vance Annexation into Howell's Hilltop Acres Special
Road District, and Setting a Hearing Date.
Laurie Craghead indicated that the Clerk verified signatures today; this order
sets a hearing date of April 10, 2002.
LUKE: Move approval.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, March 13, 2002
Page 4 of 8 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
8. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and Milton D. Aleshire Consulting, to
Provide for Training and Technical Assistance for Juvenile Community
Justice Aftercare Specialists.
Kelley Jacobs explained that her department has decided to withdraw this
contract from consideration, in order to allow legal counsel adequate time to
review it more carefully. She said this type of thing could affect a lot of people.
She further stated that her department would proceed with the improvement
plan schedule without this contract being in place.
Chair DeWolf said he recently learned about a program called "Going Home"
which is a grant program available in most states. He said he would provide
information on this program to her.
9. Before the Board was Consideration of Signature of Resolution No. 2002-
013, Authorizing the Financing of Assessment and Taxation Software and
Related Hardware, and Landfill Excavation Equipment.
Mike Maier said this is basically piggybacking on a loan. Since rates are good,
it is a good time to purchase and refinance.
DEWOLF: I move approval, allowing for modifications if prudent.
LUKE: Second.
VOTE: LUKE:
DALY:
DEWOLF
Yes.
Yes.
Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval of the Consent Agenda.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, March 13, 2002
Page 5 of 8 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Consent Agenda Items:
10. Signature of Order No. 2002-045, Surrendering Portions of Maple Avenue and
Larch Avenue to the City of Redmond.
11. Signature of Order No. 2002-047, Assigning the Name of Rainbow Court to an
Unnamed Access Road (near Redmond).
12. Signature of Order No. 2002-048, Changing the Name of this Second Street to
Diana Lane (near Sunriver).
13. Signature of an Amendment to an Intergovernmental Agreement (Document
No. 2002-024) between Deschutes County and the Oregon Water Resources
Department for the Exchange of GIS Data.
14. Signature of an Intergovernmental Agreement (Document No. 2002-023) between
Deschutes County and the City of Sisters regarding the Exchange of GIS Data.
15. Signature of Letters Reappointing Barbara Stone and Craig Unger to the Central
Oregon Regional Housing Authority
16. Signature of Letters Appointing Mark Herber and Ed Brown to the Ponderosa
Pines East Special Road District
17. Ratification of an Amendment to Contract No. 10115 between Deschutes
County and the State of Oregon Human Services Department, Adding Required
General Provisions.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
18. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for the 9-1-1 County Service District in the Amount of $1,678.68.
LUKE: Move approval, subject to review.
DALY: Second.
Minutes of Board of Commissioners' Meeting Wednesday, March 13, 2002
Page 6 of 8 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
19. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for the Extension/4-H County Service District in the Amounts of $592.19
and $562.50 (Construction Fund).
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
20. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers
for Deschutes County in the Amount of $842,801.79.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
21. ADDITIONS TO THE AGENDA
None were offered.
Being no further items brought before the Board, Chair Tom De Wolf adjourned the
meeting at 10:50 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, March 13, 2002
Page 7 of 8 Pages
DATED this 13th Day of March 2002 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Meeting
Page 8 of 8 Pages
L
Tom DeWolf, Chair
�1
nnis R. Lu,`Cofiunissioner
Mich&TA 6al y, mmissioner
Wednesday, March 13, 2002