1988-17373-Minutes for Meeting June 29,1988 Recorded 8/8/198888-1'73'73
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MINUTES
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
June 29, 1988 - s'JE PE k ~s~.L0%
C0U Y CLERK
Chairman Maudlin called the meeting to order 10:05 a.m. Board
members in attendance were Dick Maudlin, Lois Bristow Prante, and
Tom Throop. Also present were Darrell Davidson, Sheriff, Mike
Maier, County Administrator, Rick Isham, County Legal Counsel,
and Karen Green, Assistant Legal Counsel.
1. CONSENT AGENDA ITEMS
Consent agenda items consisted of #1, amendments #10 and #11
to the Mental Health Intergovernmental Agreement; #2,
appointments of Lloyd Peterson, Al Mahoney, Hoy Fultz, Pat
McVicker, Don Mouser, Steve Chandler, Charles Trachsel, Mel
Cofer, Clarence Durgan, John Elliott, John McMurran, Pete
Hanson, Darrell Davidson, Hank Fegette, Darrell Churchill,
and David Malkin to the 9-1-1 County Service District Board
of Directors; #3, Signature of Order No. 88-040, providing
for the sale of certain industrial property. known as the
"Old" County Shop property; #4, signature of a personal
services contract with Crook-Deschutes-Jefferson Consortium.
for litter patrol; #5, signature of LaPine sewer grant
amendment. for extension of time; #6, signature of
interagency agreement with COCOA for management of LaPine
Community Park Building; #7, requests for refunds submitted
by Community Development Department for Apache Construction
($15), Gary Remington ($120), Walter Best ($21), and Steven
Wilson ($40).
2. PUBLIC HEARING: ORDINANCE NO. 88-018
Before the Board was a public hearing on Ordinance No. 88-
018, an ordinance amending the fill and removal ordinance.
This amendment would remove the requirement for a letter
from the Oregon Department of Fish and Wildlife stating that
a fill and removal project would have no adverse impacts to
fish and wildlife and riparian habitat in order for the
Planning Division to approve a fill and removal conditional
use application. This amendment was being recommended
because the Department of Fish and Wildlife did not feel it
was within their jurisdiction nor responsibility to
essentially approve or deny an application. I was
impossible to state that there would be no adverse impacts
because any activity on the river cause some sort of impact.
Even with the ordinance amendment, ODFW would still be asked
to comment on all fill and removal applications.
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Bill Marlett, representing Oregon Trout and Coalition for
the Deschutes, spoke in opposition to the ordinance, stating
that Deschutes County should not encourage any further
degradation of the Deschutes River. He felt that the County
would be allowing too much flexibility and had concerns
about the fish and wildlife habitat along the river. Mr.
Marlett also expressed his desire that all uses along the
river be reviewed and possibly not allowing boat slips at
all, even as a conditional use, using the argument that all
other zones had a limit to uses allowed and prohibiting some
uses altogether. He felt that a similar set of regulations
should apply to the river. Mr. Marlett asked the Board to
seriously consider the cumulative impacts of boat slips on
the Deschutes River.
Commissioner Throop did not feel the intent of the fill and
removal ordinance would be met by taking out the ODFW letter
requirement. He stated that by removing the necessity for a
"no impacts" letter, that the standards would be changed.
THROOP: I would move that we postpone the enactment of
this ordinance until the second meeting of August to give
Planning Division staff, the Deschutes Basin Resource
Committee, and the Deschutes County Planning commission the
opportunity to look at the question of whether this changes
standards.
PRANTE: Second.
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: NO
3. PUBLIC HEARING: LOT OF RECORD APPEAL
Before the Board was a public hearing on an appeal of the
Planning Division's staff decision on a lot of record
application. The Planning staff had found that the lot in
question was not contained in a legally recorded
subdivision.
George Read, Associate Planner, presented a staff report,
stating that the County had adopted a lot of record
ordinance, and that this particular lot did not meet any of
the conditions of that ordinance.
Applicant Joseph Casey stated that during the period that
this area was developed, the County did not have a
subdivision or partition ordinance, therefore, developers
had to follow only the State regulations in effect at the
time. Applicants contended that the parcels in this
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4.
5.
6.
subdivision were not subject to subdivision regulations
because all parcels in excess of five acres in size were
exempt from subdivision regulations.
George Cook, the surveyor of the development, testified
again that developments with parcels over five acres were
not considered subdivisions, and that the County Clerk's
office even refused to accept any plats for these types of
developments.
Guy Marshall, the attorney for the applicant, reiterated
that the development did meet all existing regulations and
criteria that were in place at the time of land division,
stating that the only requirements were State statutes.
Norman Perry testified to the Board, also confirming that
the developers had conformed with all regulations at the
time.
The Board of Commmissioners continued the public hearing to
July 20, 1988, in order to do research and gather more
evidence.
PUBLIC HEARING: ORDER NO. 88-035
Before the Board was a public hearing on Order No. 88-035,
an order approving the annexation of property to the
Deschutes County Rural Fire Protection District #1.
PRANTE: I move that the Board of Commissioners sign
Ordinance No. 88-035.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
ORDER NO. 88-041. REFUNDING TAXES
PRANTE: So moved.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
WEEKLY WARRANT VOUCHERS
Total amount of weekly bills (two batches): $430,057.04
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7.
8.
9.
THROOP: YES
MAUDLIN: YES
MAUDLIN: I need approval of the agreement.
THROOP: I'll make the motion for the approval.
PRANTE: Second.
THROOP: I'll move the approval of both warrant vouchers.
PRANTE: Upon review. Second.
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: YES
EXCHANGE OF PROPERTY WITH ARNIE SWARENS
Before the Board was consideration of an agreement with
Arnie Swarens and signature of Order No. 88-032 for the
exchange of real property.
PRANTE: I'll move to sign Order No. 88-032.
THROOP: Second.
VOTE: PRANTE: YES
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: YES
LAPINE INDUSTRIAL PARK LEASE
Before the Board was signature of a lease agreement for a
parcel in the LaPine Industrial Park with Northwest Pine
Products.
THROOP: I'll move the approval of the LaPine industrial
park lease.
PRANTE: Second.
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: YES
INDEMNITY AGREEMENT
Before the Board was consideration and possible signature of
an indemnity agreement with the LaPine Last Frontier Days
for their annual Fourth of July parade.
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PRANTE: I'll move that we sign the indemnity ag eeme -4104
LaPine Frontier Days parade.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. SIGNATURE CONDOMINIUM PLAT FOR CIRCLE 4 RANCH IN SUNRIVER
PRANTE: I move that we sign the plat for Circle 4.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. SIGNATURE OF PLAT FOR TAMARACK PARK EAST PHASE III
PRANTE: I move that we sign Tamarack Park plat.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
ZA a- 45.
Lois Bri tow Prant
e, Commissioner
Tom Throop Commissioner
D1 MaudlR
air
man
BOCC/slc
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