1992-36272-Minutes for Meeting October 07,1992 Recorded 10/20/199292-3G272 0119-1156
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS CC. rCT 20 111-1519-
October 7, 1992 ``
Chairman Maudlin called the meeting to order at 10`~`a.m: Board
members in attendance were: Dick Maudlin, Tom Throop andNancy
Pope Schlangen. Also present were: Rick Isham, County Counsel;
Bruce White, Assistant County Counsel; and Dale Van Valkenburg,
Planner.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, signature of
Resolution 92-076 initiating proceedings for Deedon Road LID;
#2, signature of Acceptance of Bargain and Sale Deed necessary
for widening Ward Road; #3, signature of four Warranty Deeds
for the widening of Ward Road; #4, signature of letter of
approval for Amendment #24 to the 1991-93 Mental Health
Intergovernmental Agreement; #5, approval of acceptance of
ODOT grant for funding of two traffic safety positions; #6,
approval of property insurance renewal with Chubbs Insurance;
#7, signature of Conservation Easement for landscape
management permits for Dave Hanson; and #8, sik3nature of tax
refund Order 92-113.
THROOP: I'll move approval of the eight consent agenda
items.
SCHLANGEN: I'll second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. PUBLIC HEARING: ORDER 92-095 ANNEXING PLATEAU ESTATES
TERRITORY TO RFPD #1
Before the Board was a public hearing concerning Order 92-095
annexing Plateau Estates to Rural Fire Protection District
No. 1.
Chairman Maudlin opened the public hearing.
Bruce White said this was the second public hearing on this
annexation, and that no objections had been received.
There being no one who wished to testify, the public hearing
was closed.
MAUDLIN: Entertain a motion for signature of Order 92-095.
PAGE 1 MINUTES: 10-7-92
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3.
4.
5.
0119-1157
SCHLANGEN: So moved.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
PERSONAL SERVICES CONTRACT WITH SKIP ALESHIRE
Before the Board was signature of a Personal Services Contract
with Milton "Skip" Aleshire for polygraph services.
SCHLANGEN: I move signature
Contract.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
of Personal Services
BUILDING PERMIT WAIVER FOR THE NEWTONS
Before the Board was a request from the Newtons for a waiver
of building permit fees due to the loss of their home in the
Sage Flat Fire in Sisters. Commissioner Throop said the Board
had previously taken a position to waive CDD fees if the
people replacing a structure or dwelling could show that their
insurance company would not pay for the County building fees.
The Newtons had such a letter, however they wanted to replace
a single -wide mobile home with a stick -built home. The site
placement permit fee for a mobile home was about $100 while
the fees would be closer to $900 from a stick -built home. He
had indicated to the Newtons that the County could only waive
the $100 fee (replacement fee for destroyed building). He
told them if they wanted to appeal that decision, they needed
to come to this meeting and discuss it with the full Board.
The Newtons were not in attendance, and the Board confirmed
Commissioner Throop's decision to only waive the amount of the
mobile home placement permit fee.
RESOLUTION 92-079 OPPOSING BALLOT MEASURE 9
Before the Board was signature of Resolution 92-079 opposing
Ballot Measure No. 9 on Oregon's November 3, 1992, general
election ballot.
MAUDLIN: I would entertain
Resolution 92-079.
SCHLANGEN: So moved.
PAGE 2 MINUTES: 10-7-92
a motion for signature of
0119-1158
THROOP: Second the motion.
Commissioner Throop said the Board was concerned that the
passage of Ballot Measure 9 would foster a climate which would
bring physical and emotional harm to citizens of the County.
As the local governing body, the Board wanted to make sure
that all of the citizens of the County could live free of
bias, bigotry, and physical threat.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
6. ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of accounts payable vouchers in
the amount of $154,945.58.
SCHLANGEN: Move signature upon approval.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
7. DECISION ON ADAMS' APPEAL
Before the Board was a decision on the Adams'
Hearings Officer's denial of a minor partition
20 -acre
farm parcels in an EFU-20 zone.
appeal of the
creating two
Chairman Maudlin pointed out that this decision was being made
under the previous ordinance. He said there was a prior
conditional use permit for a farm dwelling on the 40 -acre
parcel. The County Assessor had stated that the farm use on
this 40 acres was sufficient to maintain tax deferral status
for the property, however the approval was granted based upon
findings made in relationship to the 40 -acre parent policy.
The testimony indicated more water would be placed on the
property, and that cattle could produce the necessary income.
Therefore, given this testimony, he could not see the basis
for a denial.
Commissioner Throop said staff and the Hearings Officer had
recommended denial of this application. He had poured over
the record and could find nothing to conclude that either the
staff or the Hearings Officer was in error. Therefore, his
position would be to sustain those previous reviews.
Chairman Maudlin wondered how Commissioner Throop could uphold
the denial given the testimony. Commissioner Throop said the
PAGE 3 MINUTES: 10-7-92
0119-1159
Hearings Officer found that it would be difficult, if not
impossible, for an applicant to establish that for these types
of lands, a 20 -acre parcel would be more conducive to farm use
than a 40 -acre parcel. The County was required to look at the
suitability of the entire site for farm use, and the Hearings
Officer found that the 40 -acre parcel, with the existing water
right, was more suitable for farm use than two 20 -acre
parcels. Even with the addition of a few acres of water, he
didn't find anything to dispute the fact that a 40 -acre tract
was more conducive to farming than dividing it into two 20 -
acre tracts.
Commissioner Schlangen mentioned that a previous similar
partition decision that the Board had made had been
overturned.
Commissioner Throop said the burden was on the Board to have
substantive reasons why the Hearings Officer or the staff
erred before overturning their decision, and he couldn't find
a substantive reason.
Chairman Maudlin said the applicant was going to get more
water on the parcel, and the staff and the Hearings Officer
had not taken that into consideration.
Commissioner Schlangen said she was more concerned about the
farm dwelling than the partition since there was water and
farming on the property. There were many active 20 -acre farm
parcels in Deschutes County which were producing.
THROOP: I'll move the Hearings Officer's decision be
sustained.
SCHLANGEN: Second.
Dan Van Vactor, attorney for the applicant, asked if he could
speak and was not allowed to do so.
Chairman Maudlin said he understood the motion was to uphold
the Hearings Officer's decision to deny the partition.
Commissioner Schlangen asked if it was to deny the partition
or the dwelling? Chairman Maudlin said this decision just
pertained to the partition.
VOTE: THROOP: YES
SCHLANGEN: NO
MAUDLIN: NO
SCHLANGEN: I move that we overturn the Hearings Officer's
decision on a minor partition creating two 20 -
acre farm parcels.
PAGE 4 MINUTES: 10-7-92
MAUDLIN: I'll second the motion.
VOTE: THROOP: NO
SCHLANGEN: YES
MAUDLIN: YES
DATED this SO 117 of 0&
Commissioners of Deschutes County,
ATTES .
Recording Secretary
PAGE 5 MINUTES: 10-7-92
01.19-1100
1992, by the Board of
Tom Throop,VCommissioner
Ft C�U e C6
Nancy Pope Schlangen, Commissioner
Dick Maudlin, C airman