1991-37435-Minutes for Meeting December 11,1991 Recorded 12/18/1991q l - 3-7 L -(3S
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MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
December 11, 1991
Chairman Maudlin called the meeting to order at 10 a.m. = Bgard
members in attendance were Dick Maudlin, Tom Throop and Nancy Pope
Schlangen. Also present were: Rick Isham, County Counsel,,:\Bruce
White, Assistant Legal Counsel; and Brad Chalfant, Pr�pert
Manager. _a
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, approval of
signature of $1,500 contract for services with Black Butte
Ranch Corporation for road maintenance; #2, chair signature of
Addendum to the Memorandum of Understanding with
Administrative School District #1; #3, approval of Health
Department reorganization/reclassification; #4, approval of
Star Program expenditures (OSHD Budget Revision 4); #5,
approval to proceed with jail construction process as outlined
by County Administrator; #6, signature of replat of portion of
Foote Hills subdivision located along Smokey Butte Drive to
remove public utility easement; #7, signature of Escrow
Agreement concerning Twin Bridges Conservation Easement; #8,
signature of support letter for Marine Board Facility Grant
application for upgrade to boating facilities at Newberry
National Volcanic Monument; and #9, signature of support
letter for Central Oregon Regional Housing Authority
Application to assist very low income families in Deschutes
County.
SCHLANGEN: Move approval of the consent agenda.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. HEMSTREET REQUEST FOR EASEMENT ACROSS COUNTY LAND
This item was deferred until the Property Manager could
investigate a number of alternatives being considered and
bring the issue back to the Board for a decision.
3. ARLU-DeCo
Members of the Alliance for Responsible Land Use in Deschutes
County came before the Board and read the attached letter to
the Board. Members were from the Redmond, Smith
Rock/Terrebonne, Cloverdale, Sisters, and rural Bend areas.
Y
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After their presentation, Commissioner Throop said he would be
willing to work with them on forming a local trust mechanism
to purchase special lands in Deschutes County. One member
mentioned that in another state, lottery funds were used to
purchase special lands.
Commissioner Throop pointed out that activity could not be
postponed until after periodic review, since once an
application was filed, the County was required to act upon it
within 120 days or it would be considered approved. Rick
Isham said that once an application was filed, the ordinances
in place at the time of the filing would control the
processing of that application. So the Board of County
Commissioners could not hold applications in anticipation of
an upcoming change resulting from periodic review.
4. WEEKLY WARRANT VOUCHERS
Before the Board were weekly bills in the amount of
$269,312.27.
SCHLANGEN: Move approval upon review.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
5. APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD
Before the Board was signature of appointment letters for Norm
Ehlers, Sandra Ford, Dave Kerr, Alan Hilles and Linda Whitsell
to the Mental Health Advisory Board; and signature of thank
you letters for years to service to Linda Moore and John
Copenhaver.
THROOP: I'll make the motion.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
6. CORRECTION BARGAIN & SALE DEED
Before the Board was signature of a Correction Bargain and
Sale Deed for property deeded to the Administrative School
District #1. Brad Chalfant said the original legal
description on this deed was incorrect and needed to be
changed.
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SCHLANGEN: I move signature of correction of Bargain and
Sale Deed.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
7. ORDER 91-143 TRANSFERRING CASH AND RESOLUTION 91-101
TRANSFERRING APPROPRIATIONS
Before the Board was signature of Order 91-143 transferring
cash in the amount of $1,107,492 and Resolution 91-101
transferring appropriations within various funds of the
Deschutes County Budget.
SCHLANGEN: Move signature of Order 91-143 and Resolution
91-101.
MAUDLIN: I second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
8. LIQUOR LICENSE APPLICATION FOR BUTLER MARKET COUNTRY STORE
Before the Board was chair signature of the Liquor License
Application for the Butler Market Country Store.
SCHLANGEN: I move signature.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
9. HAYDEN VILLAGE PHASE III SUBDIVISION PLAT
Before the Board was signature of a City of Redmond
Subdivision Plat for Hayden Village Phase II located on
Obsidian and 35th Street for Bob Watson.
SCHLANGEN: Move signature.
MAUDLIN: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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10. REPLAT FOR RIVERS EDGE VILLAGE PHASE II
Before the Board was signature of City of Bend replat of Lots
10-14, Block 1, Rivers Edge Village Phase II for Purcell and
Swarens.
SCHLANGEN: I move signature.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
11. ORDER 91-141 ESTABLISHING REED ROAD AS A COUNTY ROAD
Before the Board was signature of Order 91-141 establishing
Reed Road in LaPine as a County Road.
SCHLANGEN: I move signature of Order 91-141.
MAUDLIN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
12. LETTER TO USFS REGARDING PGT -PG&E PIPELINE EXPANSION
Before the Board was signature of a letter to the U.S. Forest
Service indicating that Deschutes County desired to be an
intervenor in the appeal of the Forest Services issuance of
the Record of Decision allowing construction of the PGT -PG&E
Pipeline Expansion across national forest lands.
THROOP: I'll move signature.
SCHLANGEN: I will second that.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PAGE 4 MINUTES: 12-11-91
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COUNTY BOARD OF COMMISSIONERS
Commissioner
JancyVPoVhl.ng.n, Cormdssioner
Dick Maudlin, Chairman
BOCC:alb
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December 11, 1991
DeEchutes County Board of Commissioners
Dick Maudlin, Chair
Tom Throop
Nancy Pope Schlangen
1130 NW Harriman
Bend, Oregon 97701
Commissioners,
In order to assist in the preservation of the unique quality
of rural life in Deschutes County, through public education
and the monitoring of the enforcement of land use laws, the
Alliance for Responsible Land Use in Deschutes County has
been formed (further referred to as ARLU—DeCo).
ARLU-DeCo supports the goals of Oregon Land Use Laws,
including the following specific objectives of managed
growth:
1). The preservation of farm and forest land, basing the
evaluation of productivity on the county's own unique soils,
vegetative growth rates, and the availability of ground and
surface water for farm irrigation.
2). Curbing urban sprawl, using Urban Growth Boundaries
and creating attractively designed, compact cities with
ample open spaces and transportation alternatives which will
decrease dependency on the automobile.
3). Adjusting the scale and location of development to
reflect the limitations on our water supplies, air quality
and the cost of public facilities and services.
4). Protecting and acquiring lands of significant scenic,
wildlife habitat, and open space value.
ARLU-DeCo endorses the following principles regarding the
way in which our land use plans should be written and
administered:
1.). Our land use laws and plans should be honored in letter
and spirit.
2) Land use decisions should be made only by persons
uninfluenced by private interests which would interfere with
their ability to render objective decisions in the public
interest. Campaign contributions, common business
interests, and family relationships are all sources of
improper influence in land use decision making.
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3). Land use plans and regulations should use simple
unambiguous language and contain clear and objective
standards, so that average citizens can understand these
documents and participate in land use proceedings without
being forced to retain attorneys, planners, or other
specialists.
4). Land use decisions should only be made after notice to
all interested persons and after adequate time to prepare
has been afforded to everyone.
5). Government officials have a duty to treat all parties
to land use proceedings equally. Favoritism or hostility
toward particular parties is unacceptable.
Deschutes County has the highest growth rate in Oregon.
ARLU-DeCo is concerned that Deschutes County is not
responding adequately to the rapidly developing planning
issues that it faces. According to the "Urban Growth
Management Case Studies Report" (Jan. 1991- D.L.C.D.), 57%
of all residential development in this county has occurred
outside of our cities Urban Growth Boundaries (U.G.B.'s),
where this growth should have been directed to within the
U.G.B.'s. Additionally this report identifies a 23 year
supply of buildable rural residential lots in this county,
excluding large numbers of rural lots created by land
partitions.
In 1973 Oregon Senate Bill 100 established 19 Statewide
Planning Goals. The Land Conservation and Development
Commission (L.C.D.C.) and the Department of Land
Conservation and Development (D.L.C.D.) were established tc
implement the 19 Goals at the county and city level.
Guidelines were created for local governments to implement
individual land use requirements and zoning ordinances in
the form of a Comprehensive Plan. The Comprehensive Plan
can be amended and zoning changed as long as these changes
comply and "conform" with the 19 Goals set down by L.C.D.C.
As part of the plan to "conform", it is a requirement for'
counties and cities to conduct a Periodic Review every five
to seven years, in order to bring current the Comprehensive
Plan to meet the Statewide Planning Goals and State Law.
Deschutes County was required to complete it's first review
in 1986 and is now five years behind. ARLU-DeCo is
concerned with the County's delay in this review. The
County has allowed interruption of this Review process by
continuing to process land use applications, and by taking a
minimum of six months to address the implementation of Goal,
8 (concerning Destination Resorts),'which is an optional
goal.
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In order for the County to meet the Review's Prescribed
Schedule, the County should consider putting other
considerations on -hold until the Review has been completed.
Completion of a revised Comprehensive Plan is likely to
provide the basis for quality standards to guide decisions
on many important issues including, but not limited to:
Destination Resorts, Cluster Developments, Secondary Lands,
and in general, zoning issues outside of U.G.B.'s.
ARLU-DeCo makes the following requests of the County:
1). Complete the required and now delinquent Periodic
Review before taking further action on the growing list of
requests for development.
2). Adopt a more specific interpretation of the law,
providing a better definition of "needs" and "quality of
life" to reflect resource sustainability and cumulative
effects.
3). Clearly base decisions by the Planning Director and
Hearings Officer on the requirements of the plan, land use
regulations and statutes.
4). Reduce the costs of file copies, staff reports,
required transcripts, and appeal filing fees to be more
affordable for the average citizen.
5). Increase fees as necessary to cover the costs of the
research needed to make informed decisions on specific
applications.
ARLU-DeCo does not present itself to you merely to critique
or criticize. It is ARLU-DeCo's desire to assist in the
strengthening of land use planning policies and to actively
participate in the Periodic Review Process. In conclusion,
ARLU-DeCo requests a shift, without delay, in administering
priorities consistent with Oregon State Law and L.C.D.C.
requirements.
Thank you for the opportunity to introduce ARLU-DeCo to you,
to express our concerns and to offer our assistance. We
would anticipate a rapid response to this letter and stated
requests.
Sincerely,
Ruth J. Twining, air
Alliance for Responsible Land
c/o P.O. Box 1017, Sisters,
cc. L.C.D.C.
Russell Williams, Secretary
Use in Deschutes County
Oregon 97759