2004-101-Minutes for Meeting January 28,2004 Recorded 2/4/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 1004'101
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
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DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.oriz
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 28, 2004
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf.
Also present were Mike Maier, County Administrator; George Read, Doreen
Blome' and Damian Syrnyk, Community Development; Larry Blanton,
Undersheriff; Debbie Fields, Roxanna Ermisch and Kate Moore, Health
Department; Mark Amberg, Mark Pilliod and Laurie Craghead, Legal Counsel;
media representative Chris Barker of the Bulletin; and seven other citizens.
Chair Mike Daly opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was an Acknowledgment of the Role Played by Debbie
Fields, Roxanna Ermisch and Kate Moore of the Deschutes County Health
Department in Helping a Local Child Receive a Liver Transplant.
Chair Daly gave an overview of the press release that recognized the efforts of
these individuals. The Board then presented them with certificates and letters
of appreciation.
3. Before the Board was a Public Hearing, and Consideration of Signature of
Order No. 2004-005, Approval of a Petition to Annex a Territory into the
Deschutes River Recreation Homesites Unit 6, Parts I & II, No Shooting
District.
Minutes of Board of Commissioners' Meeting Wednesday, January 28, 2004
Page 1 of 6 Pages
Doreen Blome' pointed out, on an oversized map, the seven lots proposed to be
annexed, the Deschutes River corridor no shooting district, and River Forest
Acres First Addition no shooting district. She added that 100% of petition
signatures have been certified, as required.
Chair Daly then opened the public hearing.
Joe Kazmarek, the chief petitioner, then testified. He said he has been a hunter
and shooter all of his life, but doesn't shoot in this area because there are too
many houses and people. While sitting in his hot tub, his son-in-law was hit in
the shoulder by a pellet. Also, his house has been hit by pellets at least three
times, and other neighbors have their own stories. (He then presented a photo
of the area in question.) He added that some people are just not safe hunters.
Robert Price, who owns a five -acre parcel nearby, then testified. He said he has
been hunting since he was small, and is aware of safety issues. He stated that
he doesn't like to be put in a position to confront hunters who hunt early or late
in the season. By the time the State Police respond, the hunters are gone.
Commissioner Luke pointed out that this would be a County ordinance and not
an enforcement issue, but that the State Police might be able to do some
enforcement through other violations.
Doreen Blome' explained that the different jurisdictions are contiguous in that
area, and if a violation occurs on federal land, the Forest Service or other
federal enforcement officers can act. If it involves the Oregon Department of
Fish and Wildlife, a trooper would have jurisdiction.
No other testimony was offered, so Chair Daly closed the hearing.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Chair Signature of Document No.
2003-035, an Intent to Award Letter (to Day Wireless) for the Design,
Engineering and Construction of a 60 -foot Communications Tower; and
Rejection of New Horizon Communications' Bid.
Minutes of Board of Commissioners' Meeting Wednesday, January 28, 2004
Page 2 of 6 Pages
Larry Blanton said this has been a lengthy and complicated process. The new
tower would replace a less than adequate tower and would enable other
antennas to be moved from an overloaded U.S. Forest Service tower.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was Consideration of Approval of a County Forestry
Specialist Position.
This item will be addressed at a later date.
6. Before the Board was Consideration of the Second Reading and Adoption
of Ordinance No. 2004-002, Amending Deschutes County Zoning
Ordinance Regulations for Home Occupations.
Commissioner Daly said that he read the two letters received by the Board this
week; one was from Frank Bryan and one was from Tina Lyons.
Commissioner Luke stated that on Monday the Board agreed to receive written
testimony but discussed not taking further oral testimony.
Commissioner DeWolf pointed out that Tina Lyons has one major issue, and a
lot of people will have some kind of issue with the ordinance. He added that
the intent is to watch for unintended consequences, and that this ordinance can
be readdressed in the future if necessary.
LUKE: Move second reading by title only.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, January 28, 2004
Page 3 of 6 Pages
Chair Daly did the second reading at this time.
DEWOLF: Move approval.
LUKE: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was Consideration of Signature of Resolution No. 2004-
010, Authorizing the Continuation of a Deposit of $2,500 in a Segregated
Account as an Official Undertaking for the Deschutes County Justice of the
Peace.
LUKE: Move approval.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$27,369.57 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
Minutes of Board of Commissioners' Meeting Wednesday, January 28, 2004
Page 4 of 6 Pages
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $1,782.07 (two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,901,196.74
(two weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: DEWOLF: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board were Additions to the Agenda.
None were offered.
Being no further items brought before the Board, the meeting adjourned at
10:30 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, January 28, 2004
Page 5 of 6 Pages
DATED this 28th Day of January 2004 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Meeting Wednesday, January 28, 2004
Page 6 of 6 Pages