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1993-33056-Minutes for Meeting June 09,1993 Recorded 9/16/1993_ 0128-0052, 93-3.3205(p MINUTES DESCHUTES COUNTY BOARD OF DIRECTORS *' JUNE 9, 1993 Chair Tom Throop called the meeting to order at 10:05 a.m. Board members in attendance were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also in attendance were Rick Isham, Legal Counsel; Frank Moore, Mental Health Director; Dale Van Valkenburg, Planner; Bruce White, Assistant Legal Counsel; Larry Rice, Public Works Director; George Read, Planning Director; Patsy Hovick, Planner, Karen Green, Community Development Director; Susan Mayea, Support Services Manager; Brad Chalfant, Property Manager; Catherine Morrow, Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: 1) acceptance of three warranty deeds, two for right of way acquisition on Powers Road and one for right-of-way on Butler Market Road; 2) 1993-95 Mental Health Intergovernmental Agreement #09-001; 3) intergovernmental agreement with Child Development and Rehabilitation Center; 4) immunization reimbursement expenditures for data entry to state system; 5) signature on Language Interpreter Service Agreement Form; 6) signature on mylar for MP -90-85; 7) Youth Conservation Corps Allocation; 8) $2,535 in lottery economic development funds for Deschutes County Fairgrounds Project; 9) approval of $7,500 in lottery economic development funds for water study; 10) Resolution No. 93-043, establishing 9-1-1 equipment reserve fund; 11) MP -92- 31, a minor partition to divide a 20 -acre parcel into two parcels in an MUA-10 zone; and 12) signature of a State Drought Council letter. SCHLANGEN: I move approval of consent agenda items 1-12. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 2. PUBLIC HEARING: SIGNATURE OF ORDINANCE NO. 93-012 AMENDING TITLE 17 OF THE COUNTY CODE THE DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE Before the Board was signature of Ordinance No. 93-012, amending Title 17 of the County Code, the Deschutes County Subdivision/Partition Ordinance. The paperwork was not ready. The Public Hearing was continued to June 30, 1993.KE 'CHEF: 2 7993 3. PUBLIC HEARING: CONSIDERATION OF ORDER NO. 93-108 MAAW ROAD DISTRICT NO. 4; ORDER NO. 93-109, MORGAN SPECIAL ROAD DISTRICT; ORDER NO. 93-110, DESCHUTES PINES SANITARY DISTRICT: AND ORDER NO. 93-111, HILLMAN ADDITION SANITARY DISTRICT Public Hearings before the Board were on Order No. 93-108, Special Road District No. 4; Order No.93-109, Morgan Special Road District; Order No. 93-110, Deschutes Pines Sanitary District; and Order No. 93-111, Hillman Addition Sanitary District. Bruce White reported this was a public hearing on involuntary dissolutions of inactive special road districts. He reported the three special districts that have no assets are Deschutes Pines Sanitary District, Hillman Addition Sanitary District and Morgan Special Road District. These three appear to have never been active. Road District No. 4 was operating until 1986. In 1986 an L.I.D. was formed and then the County took over the roads. There was no need for Road District No. 4 after that time. Bruce White recommended no action be taken on Order No. 93- 108, Special Road District No. 4, until further information is obtained. Chair Throop opened the public hearing. There being no testimony, the public hearing was closed. SCHLANGEN: I move signature of Order No. 93-109, Order No. 93-110, and Order No. 93-111. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 4. CONSIDERATION OF GATE PERMIT NO. 93-001 ON SKYLINERS ROAD Before the Board was signature of Gate Permit No. 93-001 on Skyliners Road. Keith Clinton, U. S. Forest Service, was present to discuss the concerns expressed by the Board of Commissioners. He reported the gate was to close off Skyliners Lodge. SCHLANGEN: SLAUGHTER: VOTE: MINUTES PAGE 2 I move approval of Gate Permit No. 93-001 subject to Public Works Department taking a look at the turnaround point. Second. SCHLANGEN: YES SLAUGHTER: YES THROOP: YES JUNE 9, 1993 5. 0128-0054 REQUEST FOR EXCEPTION TO POLICY 8.24, USE OF PUBLIC VEHICLES Before the Board was the request for exception to Policy 8.24, Use of Public Vehicles. Frank Moore requested Mental Health and Health Departments be able to use the County vehicles to transport clients. SCHLANGEN: I move approval. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 6. SIGNATURE ON INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND OREGON BUILDING CODES AGENCY FOR THE IN -PLANT ELECTRICAL INSPECTION PROGRAM Before the Board was an intergovernmental agreement between Deschutes County and Oregon Building Codes Agency for the In - plant Electrical Inspection Program. Karen Green reported this would generate approximately $30,000 in fees. SLAUGHTER: I move signature on intergovernmental agreement. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 7. DECISION ON A-93-6 JAMES KNAPP APPEAL OF THE HEARINGS OFFICER'S DECISION APPROVING A MINOR PARTITION MP -93-61 AND CONDITIONAL USE CU -92-190 Before the Board was a decision on A-93-6, James Knapp appeal of the Hearings Officer's decision on approving a minor partition MP -93-61 and conditional use CU -92-190. Dale Van Valkenburg gave the staff report. He felt the main question was if the minimum parcel size was adequate in the riparian zone and whether or not the minimum 10 -acre lot size was appropriate for public health and safety and wildlife. Commissioner Schlangen felt the question that was raised on public needs analysis was not required for a partition. It was zoned RR -10 and covered in the Comprehensive Plan. She felt there was adequate water to the parcels. She agreed that there would be a problem if no fencing was allowed. MINUTES PAGE 3 JUNE 9, 1993 W 2 0128-0055 Chair Throop felt this was one of the most important riparian meadows in the County. He felt the only way he could warrant voting for this partition would be if the Board upheld Ed Fitch's decision and required fencing only in the building envelope. The fencing would need to be built to meet the wildlife fencing specifications. Chair Throop felt it was necessary to support the Ed Fitch decision. Commissioner Schlangen proposed the fencing be allowed to keep the cattle off and felt that fencing would protect the riparian area. SCHLANGEN: I move that we uphold the Hearings Officer's decision with #10 requirement to be deleted and fences be placed at the north and south end of the parcel to protect the riparian area. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: NO SCHLANGEN: I move the draft of the Findings & Decisions be drawn up by the applicant. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES CONSIDERATION OF APPOINTMENTS TO HORSE ADVISORY COMMITTEE Before the Board was appointments to the Horse Advisory Committee. Catherine Morrow reported the seven people to be appointed to the Horse Advisory Committee were Donna Bennett, Bruce Brothers, Tan Hermens, Bob Huckfeldt, Cleme Rinehart, Everett Turner, and Paul Richardson. Catherine recommended John Driscoll, Lynnn Loomis or Gary Powell be selected as alternates if one of the other seven could not serve. SLAUGHTER: SCHLANGEN: MINUTES PAGE 4 I move approval of the seven people to be appointed to the Horse Advisory Committee and the Board Chair fill any vacancy as needed from the alternates listed. Second. JUNE 9, 1993 0128-0056 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 9. 1993-94 SPECIAL TRANSPORTATION FUND GRANT APPLICATION Before the Board was the 1993-94 Special Transportation Fund Grant Application. Susan Mayea reported receiving five applications for the grant funds totaling $121,269. SCHLANGEN: I move approval of Chair's signature of 1993- 94 Special Transportation Fund Grant Application. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 10. SIGNATURE OF RESOLUTION NO. 93-053, APPROPRIATING NEW GRANT FUNDS TO SPECIAL TRANSPORTATION FUNDS Before the Board was Resolution No. 93-053, appropriating new grant funds to the special transportation fund. Susan Mayea reported new grant funds were received last year after the County's budget was completed. She reported that in order to spend the money this year, they needed to be appropriated. SCHLANGEN: I move signature of Resolution No. 93-053, appropriating new grant funds. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 11. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board were two batches of weekly accounts payable vouchers in the amount of $65,545.69 and $111,604.91. SCHLANGEN: I move approval of weekly accounts payable vouchers upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 5 JUNE 9, 1993 0128-005'7 12. REAPPOINTMENT OF PAT LAWRENCE TO THE DESCHUTES COUNTY LIBRARY BOARD OF TRUSTEES Before the Board was reappointment of Pat Lawrence to the Deschutes County Library Board of Trustees. SCHLANGEN: I move reappointment of Pat Lawrence. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. APPROVAL OF A COMMUNITY EVENT DISPENSER LICENSE APPLICATION FOR HIGH DESERT MUSEUM Before the Board was consideration of approval of a community dispenser license application for High Desert Museum. SLAUGHTER: I move approval of community event dispenser license application for High Desert Museum. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. SIGNATURE OF QUITCLAIM DEED TO EDGAR AND DORA WONZER Before the Board was signature of a Quitclaim Deed to Edgar and Dora Wonzer. SCHLANGEN: I move signature of Quitclaim Deed to Edgar and Dora Wonzer. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 15. SIGNATURE ON MYLAR MP -92-29 FOR DENISE MOODY Before the Board was signature of a mylar MP -92-29 for Denise Moody. SCHLANGEN: I move signature of mylar MP -92-29. SLAUGHTER: Second. MINUTES PAGE 6 JUNE 9, 1993 0128-0058 VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this q -�/l day of +Lk-, 1993, by the Board of Commissioners of Deschute County, Oregon. ATTEST: (,�l J,."& - r)l Z&lu-p— ecording Secretary Tom Thlroov. . it Barry n. z)iaugn-Ler, l.(JI[llQlsslUiler MINUTES PAGE 7 JUNE 9, 1993