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1989-05566-Minutes for Meeting March 01,1989 Recorded 3/3/198989-05566 MINUTES March 1, 1989 0095 0802 80, A8 -3 AIM 9' 17 7 'P-T* ; LOS;' COUNTY CLERK Due to laryngitis, Chair Prante called the meeting to order at 10:06 a.m. and then turned the gavel over to Commissioner Tom Throop. Board members present were Tom Throop and Lois Bristow Prante. Also present were Rick Isham, Legal Counsel; Larry Rice, Public Works Director; Terry Silbaugh, Search and Rescue. 1. EQUESTRIAN MEADOWS SUBDIVISION Dave Frame came before the Board with a concern regarding whether the power in his subdivision had to be installed underground. He was referred to Craig Smith, Planning Director and Rick Isham, Legal Counsel who were going to research the matter for him. 2. RESOLUTION 89-013, EASEMENT VACATION IN RAINTREE SUBDIVISION Before the Board was signature of Resolution 89-013, accepting a petition to vacate an easement located in Raintree Subdivision. THROOP: I would entertain a motion to approve Resolution 89-013. PRANTE: So moved. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 3. ENGINEER'S REPORT FOR RAINTREE EASEMENT VACATION Before the Board was the County Engineer's report relating to the vacation of an access and utility easement in the Raintree Subdivision. The report indicated that the proposed vacation was in the public interest because use of the easement as a access would be detrimental to the area and would have a negative visual impact on the terrain. THROOP: I would entertain a motion to accept the Engineer's report. PRANTE: So moved. THROOP: I'll second the motion. MICROFILMED PAGE 1 BOARD MINUTES: 3/1/89 1-flAR 1 1989 ;t 0095 0803 4. 5. 6. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused ORDER 89-009. SETTING PUBLIC HEARING ON RAINTREE EASEMENT VACATION Before the Board was Order 89-009, setting a public hearing for Wednesday, April 12 at 10:00, on the vacation of an easement located in Raintree Subdivision. THROOP: I would entertain a motion to approve Order 89-009. PRANTE: So moved. THROOP: I'll second that motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused ODOT AGREEMENT ON "B" AVENUE IN TERREBONNE Before the Board was signature of Oregon Department of Transportation Agreement No. RR-1290 which proposed widening and improving "B" Avenue in Terrebonne. The anticipated cost to the County was $14,657 which would come out of the MRCIP traffic safety fund. The County would incur costs because the County wanted a wider road than the State would require for that crossing and the County requested a rubberized crossing instead of a timber crossing. THROOP: I would accept a motion approving the agreement RR- 1290 between the County and the State. PRANTE: So moved. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused RIVER VILLAGE CONDOMINIUM PLAT Before the Board was signature of a condominium plat for River Village Condominiums, Stage IV. PRANTE: Move approval. THROOP: We have a motion for approval, I'll second the motion. PAGE 2 BOARD MINUTES: 3/1/89 0995 0804 7. 8. 9. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused AWBREY BUTTE HOMESITES, PHASE 10, PLAT Before the Board was signature of the Plat for Awbrey Butte Homesites, Phase 10. PRANTE: Move approval. THROOP: Commissioner Prante moves approval, Chair seconds the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused WEEKLY WARRANT VOUCHERS AND REFUNDS FROM COMMUNITY DEVELOPMENT The total amount of weekly bill was $102,158.69. THROOP: The chair will entertain a motion to approve the refunds from Community Development and warrant vouchers subject to review. PRANTE: So moved. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused FEE WAIVER FOR VARIANCE APPEAL Before the Board was approval of a fee waiver for an application to appeal the hearings officer's decision on a variance for Mae and Von Alexander. The Alexanders built a garage within the set back, however the County had issued a building permit and had made three inspections before issuing a "stop work" order. The Alexanders applied for a variance to the setback requirement, but the hearings officer denied the variance. Commissioner Throop pointed out that even if the Board approved the fee waiver, it would not indicate sympathy toward the Alexanders when the appeal came before the Board. PRANTE: I would move approval of the fee waiver. THROOP: I'll second the motion. PAGE 3 BOARD MINUTES: 3/1/89 0095 0805 VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 10. PERSONAL SERVICES CONTRACT WITH TRANSCENTRAL Before the Board was signature of a Personal Services Contract with Transcentral for transportation for Early Intervention clients and their families. THROOP: The Chair would entertain a motion for signature of the personal services contract with Transcentral. PRANTE: So moved. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 11. HISTORIC PRESERVATION CERTIFICATION Before the Board was signature of a certification as part of the County's application for a State Historic Preservation grant, indicating that Deschutes County has not been suspended or debarred from public contracting. THROOP: I would entertain a motion for chair signature of the Historic Preservation Certification. PRANTE: I so move. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 12. INDEMNITY AGREEMENT FOR PRO CAN AM RACING AND AUTHORIZATION TO USE COUNTY PROPERTY Before the Board was signature of an indemnity agreement for Pro Can Am off-road races being held on BLM land, which has been designated for off-road use, on March 11, 1989. They also wanted approval to use the abandoned Millican airport runway for a staging area. Terry Silbaugh stated that he would be attending the event and would see that none of the safety markings on the abandoned runway would be disturbed by the racing group. THROOP: I'll entertain a motion to approve the the indemnity agreement for Pro Can Am Racing and use of the County property contingent upon understanding that the closure markers on the airport runway is to be preserved at all costs. signature of approval for a very clear old Millican PAGE 4 BOARD MINUTES: 3/1/89 6095 0806 PRANTE: So moved. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 13. RESOLUTION 89-014, APPROPRIATIONS TRANSFER Before the Board was signature of Resolution 89-014, transferring appropriations in the amount of $45,000 within various funds of the Deschutes County Budget. PRANTE: Move signature. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 14. OLCC LICENSE RENEWAL FOR DESCHUTES RIVER TROUT HOUSE Before the Board was Chair signature of a liquor license renewal application for Deschutes River Trout House in Sunriver. PRANTE: So moved. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused 15. MINOR PARTITION OFF PLAINVIEW ROAD AND DEDICATION Before the Board was signature of MP-88-40, a minor partition for Mr. & Mrs. Sparks breaking a 45-acre parcel off Plainview Road into two parcels and the acceptance of dedication. PRANTE: So moved. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: Excused PAGE 5 BOARD MINUTES: 3/1/89 0095 0867, 16. CHARLES BROWN PURCHASE OF COUNTY PROPERTY Rick Isham mentioned that Charles Brown had inquired about purchasing a piece of county-owned property that was for sale. At that time, the property was not identified as commercial property so he was told it would be put up for auction. However, when it was put up for auction, the appraisal certificate came back indicating that it was commercial property and had been removed from the auction list. Mr. Brown would like to proceed with the purchase of the property. The purchase price of the property would be $73,200 for approximately 6 acres near the old Bend Drive-In. Commissioner Throop said that they were definitely interested in getting the property back on the tax rolls and that Rick should get the paperwork together and circulate it. 17. SOUTHWEST LANDFILL George Chesley, Ranger for the Fort Rock Ranger District, was asked to come before the Board to discuss the Southwest Landfill near LaPine which is on Forest Service land. Commissioner Throop asked Mr. Chesley if the Forest Service would consider allowing the County to use the Southwest Landfill site for a transfer station. Mr. Chesley indicated that the Forest Service is not interested in being a landlord for solid waste facilities. He did say, however, that there might be a possibility that the Forest Service could sell this particular property to the County or that a swap of properties could be made. He suggested that the County write a letter to the Forest Service requesting they look into the feasibility of using the Townsite Act as a means of purchasing the parcel of land, and he would look into the possibilities and get back to the County in about a week. He also agreed that if such an arrangement could be worked out, that the County would be given some type of temporary use permit to allow the site to be used as a transfer station until the purchase was completed. Commissioner Throop indicated that he, Rick Isham, Al Driver and Larry Rice would be the committee within the County who would be working on the project, with Larry Rice and Al Driver as the Executive Committee to represent the County in the preliminary stages. PAGE 6 BOARD MINUTES: 3/1/89 DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois Bitow Prante, Chair Commissioner ~Dick Maudlin, BOCC:alb Commissioner PAGE 7 BOARD MINUTES: 3/1/89 0095 0806