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1988-17373-Minutes for Meeting June 29,1988 Recorded 8/8/198888-1'73'73 ?1193 1~89 MINUTES 88 AUK -8 Pty 4= 27 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. ?~IC OFFV AED -1- BOARD MINUTES: 6/29/88 40 -%A Aki 3 V ,fin A'J k2^= 3 1200 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 PAGE -2- BOARD MINUTES: 6/29/88 305: 1291 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 PAGE -3- BOARD MINUTES: 6/29/88 -192 a~ 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. PAGE -4- BOARD MINUTES: 6/29/88 r ^r?. far', A b 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 PAGE -5- BOARD MINUTES: 6/29/88