1985-28176-Minutes for Meeting November 06,1985 Recorded 12/12/1985V31 69 PACE 969
85-28176 085 OEC 12 pay 3'SUE P' 52
DESCHUTES COUNTY BOARD OF COMMISSIONERS COUNTY LINWOW
NOVEMBER 6, 1985 REGULAR MEETING
Chairman Tuttle called the meeting to order at 9:00 a.m.
Commissioners Prante and Maudlin were in attendance; Rick Isham,
Legal Counsel, was also present. r;tkpl�
N
Amendments to Chairman Tuttle read aloud the amendments to C Cyd
the Agenda the agenda and added i4Gs
Discussion Regard- Chairman Tuttle noted that the current law
ing Local Govern requires the Sheriff to sign the dealer
ment Authorized application. Chairman Tuttle stated that
Signature for Ap- effective January 1, 1986, the law will allow
plications for the County to designate another appropriate
Vehicle Dealers person to approve the dealer business
locations.
After lengthy discussion, it was decided
that the business applications would be
handled in the same manner as liquor
applications; however, would have prior
review by the Planning Director.
Chairman Tuttle stated that this item would
be discussed and a decision made at the
November 20, 1985 regular board meeting.
Possible Signature Postponed.
of an Ordinance
No. 85-035, Amend-
ing Ordinance No.
85-028, an
Ordinance Amending
the Redmond Urban
Area Zoning Ordinance
Consideration of Mr. Isham stated that Rebecca Marshall had
Proposal of Govern- submitted the only proposal for financial
ment Finance As- consulting services on the 1985 Bancroft
sociates Inc., Issup.
for Financial
Consulting Services After discussion, it was decided to obtain
on the 1985 Ban- additional consulting service proposals,
croft Issue if possible.
Mr. Isham noted that he would contact
Foster Marshall and have additional input at
the 1:30 p.m. meeting today.
Signature of Per- MOTION: PRANTE moved to sign the Personal
sonal Services Services Contract with Robert D.
Contract with Foster for Classification Review
Robert D. Foster and Update.
for Classification
Review and Update VOTE:
Second Reading MOTION:
and Possible
Adoption of Ordi-
nance No. 85-033
Designating the Local
Alcohol and Drug
Planning Commission
for Deschutes County
VOTE:
Signature of
License to Use
Land with Mt.
Bachelor Inc.
Signature of
Power Line
Easement to
Central Electric
Cooperative
Signature of
Security and Con-
sent for Assump-
tion of Loan -
Acu-Edge, Inc.
Signature of Con-
servation Easement
from Mary Alyce
Brown and Nancy
Gleason
Possible Signature
of Agreement with
Oregon State Health
Division for the
Health Department to
Continue with the
HTLV III Program
V0E 69 FACE 970
MAUDLIN: Second.
UNANIMOUS APPROVAL.
PRANTE moved the Chair to read the
second reading, by title only, of
Ordinance No. 85-033, designating
the Local Alcohol and Drug Planning
Commission as the Local Alcoholism
Planning Commission for Deschutes
County.
MAUDLIN: Second.
UNANIMOUS APPROVAL.
Chairman Tuttle so read.
MOTION: PRANTE moved to adopt Ordinance No.
85-033.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: MAUDLIN moved to sign the License
to Use Land with Mt. Bachelor Inc.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: MAUDLIN moved to sign the Power
Line Easement to Central Electric
Cooperative.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Mr. Isham stated that it would be best, at
this time, to authorize signature contingent
upon other security documents being signed
and the receipt of a corporate resolution
authorizing the guarantee for Henry L. -
Hansen, who has guaranteed the Acu-Edge Loan.
MOTION: PRANTE: So move
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to sign the Conserva-
Easement from Mary Alyce Brown and
Nancy Gleason.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to authorize Chair to
sign the Agreement with Oregon
State Health Division
for the Health Department to
continue with the HTLV III Program.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
I ..
v')d 69 PACT971
Possible Signature MOTION: PRANTE moved to sign Order No.
of Tax Refund Or- 85-124, refunding taxes.
der No. 85-124 MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature Chairman Tuttle noted the following
of Letters Designa- COBAC Members terms of office:
ting Terms of Of-
fice for COBAC Neil Bryant Expire 1/1/87
Members Lee Clinton Expire 1/1/88
Jim Mann Expire 1%1/89
MOTION: PRANTE moved to sign the letters
indicating the terms of COBAC
Members.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Request for Re- Chairman Tuttle noted that Terry O'Connor
funds/Community requested a refund of $85.35 - agricultural
Development building, exempt from building permit.
Department
Other Staff/ Commissioner Prante acknowledged the terms
Public Concerns of office for the entire slate of COBAC
Members and requested a motion be made
to indicate the terms of office.
Chairman Tuttle stated that a review will
be made of that list with discussion and
possible action taken at 10:30 a.m. meeting
today.
Possible Signature Mr. Isham stated that there was a error
of Order No. 85-127 discovered in the formula that was being
an Order Amending used to calculate tax refunds. Mr. Isham
85-091, in the noted that this was one of the accounts that
Matter of Refund had come through earlier this year with a
of Taxes $60,000 refund of which $12,000 was interest.
Mr. Isham stated that over $9,000 in excess
interest was not entitled to be refunded to
the tax payer. Mr. Isham stated that this
Order is to amend that Order to correct the
error and then to direct the Tax Collector to
use whatever means that are available to
recoup the $9,000 overpayment.
MOTION: MAUDLIN moved to sign Order No.
85-127, and Order amending Order
No. 85-091.
PRANTE: Second.
Mr. Isham stated that it is his understanding
that the Tax Collector is having the Tax
• J ,
Possible Signa -
of Order No. 85-
128, Transferring
Cash from the Road
Fund to the Bancroft
Bond Redemption Fund
Possible Signature
of Resolution No.
85-037, Agreeing
to Amend the
Articles of Agree-
ment forming the
Central Oregon
Intergovernmental
Council
Possible Signature
Of Agreement and
Authorization for
On -Site Access
to the Deschutes
County Central
Computer
VOL 6 FADE 972
Deputy prepare a report on the problem
generally, for the Board's consideration.
VOTE: UNANIMOUS APPROVAL.
Continue for two weeks.
Chairman Tuttle noted that the change deletes
the words in Section 10 relating to con-
tractural relationships - delete, "not to
exceed two years".
MOTION: PRANTE moved to sign Resolution No.
85-037.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to sign the Agreement
and authorization for on-site
access to the Deschutes County
Central Computer contingent upon
receipt of the monthly fee ($75).
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Chairman Tuttle continued the meeting to 10:30 a.m.
Chairman Tuttle called to order a meeting of the Deschutes County
Board of Commissioners and a Public Hearing to consider AP -85-5,
an appeal of a Hearings Officer's decision regarding SE -85-6, a
setback exception from Springriver.
Chairman Tuttle opened the Public Hearing. Chairman Tuttle noted
that the Board has been requested to continue this hearing until
1:30 p.m., November 6, 1985.
MOTION: MAULDIN moved to continue the
Public Hearing to 1:30 p.m. this
afternoon, November 6, 1985.
TUTTLE: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of Letter MOTION: PRANTE moved to ratify signature of
Indicating Terms letter indicating the terms of
Of Office for COBAC office for all COBAC members.
Members MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
VOL 69 PAGE 97
Chairman Tuttle continued the meeting to 1:30 p.m. this after-
noon.
Chairman Tuttle resumed the meeting of the Deschutes County Board
of Commissioners for November 6, 1985 at 1:30 p.m.
Chairman Tuttle continued the Public Hearing in reference to an
appeal of the Hearings Officer's decision denying the variance
from (5E-85-6), a setback exception to Springriver. Chairman
Tuttle noted that Rollo Millette is the applicant in this case.
Chairman Tuttle asked if there were any pre -hearing contacts,
advises, prejudices, or personal interests that needed to be
disclosed? Commissioners Prante and Maudlin stated none.
Chairman Tuttle asked if there was any challenge to the right of
this Board to hear this appeal. None were noted.
Chairman Tuttle asked if there were any facts received, noticed,
or recognized outside of the Hearing that should be stated in the
record at this point. None were noted.
Craig Smith, Planning Director, presented the staff report (see
attached) to the Board for review. Mr. Smith noted that this
application for a setback exception was denied by the Hearings
Officer. Mr. Smith noted that this is a very sensitive area
along Spring Lake, and recommended that the Board hear the
applicant and his attorney, and then if possible, it would be
beneficial for the Board to look at the site.
Mr. Smith presented a map that the applicant submitted as an
exhibit for the Hearings Officer. Mr. Smith indicated the
proposed dwelling site and noted the critical areas of the
springs location. Mr. Smith stated that the Hearings Officer
felt that there was an area where the house could be located;
although a clear recommendation regarding the location was not
made.
Mr. Smith stated that the standard County setbacks in this zone
are 20 feet from the front of the property line, ten feet on the
sides and 100 feet from the spring area.
Commissioner Maudlin stated that in the staff report, under
section two, it states "it is generally recognized that failure
to protect fish and wildlife resources will result in loss of
habitat and declining species population due to the development."
Commissioner Maudlin asked Mr. Smith, because the house is within
30 feet of the spring, will it destroy the body grounds?
0, -
VOL 69 PAGE 974
Mr. Smith stated that anytime you get into a repairing area
damage could be caused to the bank. He also noted that in this
case damage could possibly be done to the spring which may have
an affect on the fish population.
Myer Avedovech, attorney for applicants Mr. and Mrs. Rollo
Millette, 315 NW Greenwood, stated that he joins with Mr. Smith
in requesting the Board visit the Millette's property.
Mr. Avedovech stated that the Millettes own one of two unique
parcels in the area. Mr. Avedovech stated that the Millettes
have staked out two house patterns on the ground, neither which
are currently on the map.
Mr. Avedovech described the revised location of the house.
Mr. Avedovech stated that the Millettes, in attempting to find a
location that everybody can agree upon, are going to apply and
most likely receive a variance through their Homeowners' Associa-
tion.
Mr. Avedovech stated that there are two elements in this issue,
the statement was made regarding runoff from the building going
immediately into Spring Lake, which is more than 100 foot setback
from Spring Lake. Mr. Avedovech noted that Spring Lake is not
the problem, the house cannot be 100 feet back from the two
streams that feed Spring Lake. Mr. Avedovech stated that this is
the only parcel in this particular subdivision with this unique
problem. Mr. Avedovech stated that this is a legally created
subdivision and perhaps under the new plan for this subdivision,
it would not have been a legally created parcel. Mr. Avedovech
stated that this is a pre-existing legally adopted subdivision
and if at all possible it has to be built upon.
Chairman Tuttle continued the hearing to 9:00 a.m., Tuesday,
November 12, 1985.
COUNTY BOARD OF COMMISSIONERS
STOW RANTE, COMMISSIONER
DI IN, C ISSIONER
BOCC:kbw
85-102