1988-17608-Minutes for Meeting July 27,1988 Recorded 8/10/1988O'S3 1349
88-1760S
MINUTES
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DESCHUTES COUNTY BOARD OF COMMISSA
July 27, 1988
H, A RY cU- 0"Y
Cout"'TY CI ERK
Chairman Maudlin called the meeting to order at 10:03 a.m. Board
members in attendance were Dick Maudlin, Tom Throop, and Lois
Bristow Prante. Also present were Karen Green, Assistant Legal
Counsel, Craig Smith, Planning Director, Larry Rice, Director of
Public Works, and Bill Pack, Personnel Director.
1. CONSENT AGENDA
Items on the consent agenda consisted of item #1, signature
of an indemnity agreement for Terrebonne's Good Earth
Celebration Parade; #2, signature of minor land partition
MP -88-16 for John McIntyre; #3, signature of findings and
decision on bed and breakfast appeal by Lavern Bjerk; #4,
signature of conservation easement for Jerry Northup and
Joann Valeri; #5, signature of minor land partition MP -88-7
for Steven Rogers; #6, chair signature of liquor license
renewals for Riverwoods Country Store (Bend), Terrebonne
Market (Terrebonne), Crane Prairie Resort (Bend), Tom's
Market (LaPine), Bend KOA Kampground (Bend), K -Mart Store
(Bend), and Deschutes Station (Bend).
PRANTE: I move consent agenda one through six.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
2. PUBLIC HEARING ON Z-88-1
The public hearing on the appeal of the hearings officer's
decision on Z-88-1, a zone change application by the
Gunzners, was cancelled due to an agreement which was
reached between the County and the applicant.
PRANTE: I would move that we adopt the hearings officer's
decision with amendments as presented by Legal Counsel.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
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3. PUBLIC HEARING: ORDINANCE NO. 88-008
Before the Board was a public hearing to consider Ordinance
No. 88-008, an ordinance amending chapters of the Deschutes
County Code relating to historical preservation and the
Historical Landmarks Commission. It did not contain an
emergency clause, so final reading and adoption was
scheduled for two weeks in advance.
PRANTE: I would move first reading by title only.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
4. RUBLIC HEARING: CU -88-33
Before the Board was a public hearing on an appeal of the
hearings officer's decision on conditional use application
CU -88-33, an application by Langness to construct a boat
slip on the Deschutes River. The hearings officer had held
his hearing on May 17, 1988, and had denied the application
due to the cumulative impacts it would have on the bank,
wildlife, and wetlands. In addition, the required "no
impacts" letter from the Oregon Department of Fish and
Wildlife was never received.
Myer Avedovech, attorney for the appellants, stated that the
County's fill and removal ordinance was illegal in that it
was an improper delegation of authority to the Department of
Fish and Wildlife. He also stated that the Department was
never given any criteria to use in order to judge impacts.
There was much discussion over the criteria for a letter
from Fish and Wildlife. Commissioner Prante felt that with
this requirement, no project would be able to proceed
because any project on the river has impacts. Commissioner
Throop stated that the Planning Commission and the Deschutes
Basin Resource Committee was in the process of reviewing the
criteria in the ordinance and the specific uses allowed on
the river, but that the application had to be weighed under
the current ordinance, and it did not meet the requirements.
Karen Green indicated to the Board that there were other
criteria that the appellant did not address and that the
Board should take additional time to make a decision on this
appeal. Ms. Green f elt that there was probably a basis to
deny the application based on not meeting all the
requirements instead of only the lack of a letter f rom the
Department of Fish and Wildlife.
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THROOP: I would move that we postpone the decision f or a
week from today for further discussion.
PRANTE: Second. I would say we do it Monday.
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: YES
.PUBLIC HEARING: ORDER NO. 88-036
Before the Board was a public hearing on Order No. 88-036, a
final order annexing property to the Deschutes County Rural
Fire Protection District #1. No one from the audience
wished to testify.
PRANTE: I move that we sign Order No. 88-036.
THROOP: Second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
,PUBLIC HEARING: ORDER NO. 88-042
Before the Board was a public hearing on Order No. 88-042,
an order approving the annexation of property to the
Cloverdale Rural Fire Protection District, and setting a
final hearing date for August 24, 1988.
THROOP: I'll move the setting of final hearing and Order
No. 88-042.
PRANTE: Second.
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: YES
JUNIPINE ACRES DECISION
The Board had held a public hearing on this matter and was
to announce a decision on the lot of record appeal.
Elizabeth Tranor, attorney for the appellant, stated that
the development known as Junipine Acres was in conformance
with all existing regulations at that time. She argued that
since the lots were at least f ive acres in size, that they
did not fall under the category of a subdivision, and that
lot and block numbers had never been assigned to the lots.
PAGE -3- BOARD MINUTES: 7/27/88
After lengthy discussion on the application, the Board
postponed the decision f or another week to do some more
research.
8. ORDER NO. 88-054
Before the Board was consideration of Order No. 88-054, an
order amending order No. 88-049, transferring cash, to
correct an entry.
PRANTE: I move signature.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
9. APPOINTMENT TO LIBRARY BOARD
Before the Board was a recommendation from the Library to
appoint Peter Geiser to the Library Board of Trustees.
PRANTE: I move that we appoint Peter Geiser to Library
Board.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
10. OUT-OF-STATE TRAVEL REQUESTS
Before the Board was a request from Public Works Department
to allow Dick Johnson to travel out of state to attend a
conference.
PRANTE: I move to approve out-of-state travel for Dick
Johnson.
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
11. WEEKLY WARRANT VOUCHERS
Total amount of weekly bills: $356,121.20
PRANTE: I move approval upon review.
PAGE -4- BOARD MINUTES: 7/27/88
THROOP: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
12. PERSONAL SERVICES CONTRACT
Before the Board was consideration of a personal services'
contract with Larry McCloskey for him to provide Mental
Health Department polygraph services.
THROOP: I'll move the contract.
PRANTE: Second.
VOTE: THROOP: YES
PRANTE: YES
MAUDLIN: YES
13. REQUESTS FOR REFUNDS
Requests for refunds from Community Development Department
before the Board were as follows:
Virginia Meyers $ 15.75
Virginia Meyers 15.75
Diane Thompson 135.00
Bruce Ottenfeld 13.79
Kenneth Dick 15.75
Robert Wiersum 15.75
S&H Associates 139.13
DESCHUTES COUNTY BOARD OF COMMISSIONERS
ALois r'stow Prante, Commissioner
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To Throop, Commissioner
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ck Maudlin, Chairman
BOCC/slc
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