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1989-05925-Minutes for Meeting February 22,1989 Recorded 3/16/19890095 0838 89-05925 MINUTES 16 PM t: 20 DESCHUTES COUNTY BOARD OF COMMISSIONERS February 22, 1989 MARY U N: , U t Chair Prante called the meeting to order at 10:05 a.m. Board members present were Dick Maudlin, Lois Bristow Prante and Tom Throop. Also present were Rick Isham, Legal Counsel; Craig Smith, Planning Director; Michael Maier, Director of Administrative Services. 1. ORDINANCES 89-003 & 89-004, MANUFACTURED HOUSING CRITERIA Before the Board was a decision on Ordinances 89-003 & 89-004, concerning manufactured housing criteria. Commissioner Maudlin stated that in a recent review of the subdivisions in south Deschutes County alone, he determined there were 23 subdivisions containing 980 lots where any type of mobile home would be allowed without a conditional use application, which was previously required at an approximate cost of $240. An 18-month sunset clause was put into the ordinance so that the County could examine any problems and determine if a good balance had been made before making the ordinances permanent. MAUDLIN: I would like to make the following motion--that we approve Ordinance #89-004 with the following changes. First of all, on page 5 of the ordinance has to do with ramadas and snow roofs and that would be stricken from the ordinance. I mean ramadas would be allowed. The second item would be that accessory structures rather than having to be the same material as the mobile home or manufactured housing could be of any material; it just says that accessory structures, garages, carports and sheds are allowed for all manufactured housing and mobile homes. Page 7 on the placement standard for single wide and certain double wide mobile homes, changing this in subdivisions where more than 50% of the total number of lots, I would change that to 45%, and in subdivisions where more than 75%, change that to 70%, that's (b) and (c) on page 7. THROOP: Second the motion. MAUDLIN: I'd like to try changing the 70% to 60%. THROOP: Second. ~arseMEID~ VOTE: PRANTE: YES THROOP: YES g r1 tug MAUDLIN: YES PAGE 1 BOARD MINUTES: 2/22/89 0095 0839 2. Chairman Prante performed the first and second readings of Ordinance 89-003 as amended. MAUDLIN: I move signature of Ordinance 89-003 as amended. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chairman Prante performed the first and second readings of Ordinance 89-004 as amended. MAUDLIN: Move signature of Ordinance 89-004 as amended. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PUBLIC HEARING ON VECTOR CONTROL DISTRICTS Before the Board was a public hearing on the annual work plans and budgets for the Deschutes River Recreation Homesites, Lazy River, and Four Rivers Vector Control Districts. Testimony was taken on the Deschutes River Recreation Homesites, Unit 6, Vector Control District. Norman DeWitte said BAYTEX will not be used this year contrary to what is stated in their plan. He questioned the Fish and Wildlife recommendation that they use a larvacide. He did not feel that a small unit like theirs could afford to use a larvacide such as BT, which was recommended. He said there were funds in the budget for filling or ditching of swamp areas which also was of concern to the Fish and Wildlife Department because of possible effects to wildlife habitat. Commissioner Prante questioned whether combining the DRRH district with a larger district would hold down costs. Commissioner Throop commented that the County Commission charged the Deschutes Basin Resource Committee to look at the aerial spraying of organophosphates, and Fish and Wildlife has studied it. Both determined that the spraying of organophosphates should not continue and was not effective. He pointed out that when costs are discussed, the districts would have to compare against the future costs without using organophosphates not the costs they had incurred in the past. PAGE 2 BOARD MINUTES: 2/22/89 0095 0840 Commissioner Maudlin said over the years, the county had accepted the recommendation of the Fish & Wildlife Department, and that this was the first year they had not allowed the use of Baytex. Commissioner Throop stated that two years ago the Fish and Wildlife Department stated concerns over the use of Baytex and that last year they expressed enough concern that the Commission asked the Deschutes Basin Resource Committee and the Fish and Wildlife Department to seriously research the pesticides and make some recommendations. Their recommendation was not to allow the aerial spraying of organophosphates. Buck Simmons, owner of an aerial spraying company in Redmond, stated they have decided not to use Baytex this year because of outside pressure, although he felt it was a good, safe product. Chair Prante suggested that all the parties needed to get together and have a work session on this issue since there was need for considerably more discussion. Ted Fies, District Fishery Biologist, Department of Fish and Wildlife, stated that Fish and Wildlife did not regulate the use of pesticides, and all they could do was recommend. They could not disallow the use of Baytex because it was an EPA registered chemical and as long as it was applied according to label instructions, it was legal to use. However, he pointed out that on the Baytex label it stated, "This product is toxic to fish and wildlife. Birds feeding in treated areas may be killed. Do not apply where runoff is likely to occur. Keep out of lakes, streams or ponds except where used for larvae control." He said the EPA sent them a stack of documentation showing great concern over Baytex. He also recommended that Deschutes County handle the Vector Control Districts like many other counties by having them go through the Pesticide Use Clearinghouse. He said it was a voluntary clearinghouse administered by the Department of Agriculture, and would assure an extensive review. The Public Hearing was continued until 10:00 a.m. on Thursday, February 23, 1989. 3. JUVENILE DEPARTMENT AND MENTAL HEALTH DEPARTMENT BUDGET ISSUES Mike Maier stated that there were budget problems in the Juvenile and Mental Health Departments. Juvenile had a lot of revenue outstanding but felt that by the end of June 1989, they would reach their budget goal due to receipt of additional grant monies. Mental Health proposed reducing the personnel services deficit through a reduction in staff. The staff reductions would be made by leaving a position that was PAGE 3 BOARD MINUTES: 2/22/89 9®95 984. 4. 5. currently vacant unfilled for the remainder of the year and by delaying the hiring of two positions that were currently in recruitment. Materials and services were also over budget due to unexpected mandated expenses. Adjustments had been made in every area but they were still over budget. Mike Maier recommended that $25,000 be transferred to the Mental Health budget, $10,000 would be a budgeted transfer plus an additional $15,000 from the General Fund. Commissioner Maudlin said he felt that the projected income figures should be looked at more realistically in the future. THROOP: I'll move approval. MAUDLIN: I'm going to second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES AMENDMENT #17 TO INTERGOVERNMENTAL AGREEMENT WITH THE MENTAL HEALTH DIVISION Before the Board was an amendment to the Intergovernmental Agreement with the State Mental Health Division. MAUDLIN: I move approval Intergovernmental Division. of amendment #17 to the Agreement from Mental Health THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES INDEMNITY AGREEMENT TO FILM MOVIE Before the Board was an indemnity agreement with Twin Roads, Inc. to film a movie on Deschutes County roads. MAUDLIN: I move signature of indemnity agreement with Twin Roads, Inc. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 4 BOARD MINUTES: 2/22/89 0095 0842 6. ORDINANCES 89-005 AND 89-006, SHOPKO ZONE CHANGE Before the Board was signature of Ordinances 89-005 and 89-006 regarding a zone change for Shopko, Inc. Craig Smith stated that the hearings officer approved the zone change and plan amendment, since the canal on the property needed to be relocated. PRANTE: I would entertain a motion for first and second reading. THROOP: I'll move. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Prante performed the first and second readings of Ordinance 89-005. PRANTE: Entertain a motion to adopt. MAUDLIN: So moved. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Prante performed the first and second readings of Ordinance 89-006. MAUDLIN: Move adoption. THROOP: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. ORDER 89-001 REFUNDING TAXES Before the Board was Order 89-001, refunding taxes in the amount of $1,107.68. MAUDLIN: Move signature of Order 89-001. THROOP: Second. PAGE 5 BOARD MINUTES: 2/22/89 0095 084 8. 9. 10. 11. 12. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES WEEKLY WARRANT VOUCHERS The amount of the weekly bills was $146,173.42. THROOP: Move approval subject to review. MAUDLIN: Second VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES HB 2272, AUTHORIZING A NEW CIRCUIT COURT DISTRICT AND JUDGE Commissioner Throop brought up the fact that a House Bill in the State Legislature would authorize a new Circuit Court District and Circuit Court Judge that would be located in Crook or Jefferson County. He said a group was attempting to get support for this bill, and he would like permission to write to Deschutes County's delegation, the Ways and Means Committee and the leadership, in support of the House Bill. The Commissioners agreed to sending the support letters. BOARD LIAISONS TO COUNTY DIVISIONS The Board agreed that Tom Throop would be liaison for Community Services, Lois Bristow Prante would be the Human Resources liaison, and Dick Maudlin would be the liaison for Law Enforcement/Courts. These would be one-year assignments and next year there would be major changes. LETTER TO SURVEYOR Commissioner Maudlin asked that his name be signed to the letter to the Surveyor which is being prepared. NACO DEFERRED COMPENSATION PLAN Commissioner Maudlin stated that if approval of the NACO Deferred Compensation Plan came up in his absence, he was in favor of the adding the plan. PAGE 6 BOARD MINUTES: 2/22/89 009 5 084 DESCHUTES COUNTY BOARD OF COMMISSIONERS i ) Lois Brist w Prante, Chair Tom hrooo, Comatlesioner Dic BOCC:alb PAGE 7 BOARD MINUTES: 2/22/89