1993-45706-Minutes for Meeting October 27,1993 Recorded 12/14/1993s3-45'766
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
October 27, 1993
, ,0
Chair Tom Throop called the meeting to order at 10:06 a.m. Board
of Commissioners in attendance were Tom Throop, Nancy Pope
Schlangen, and Barry Slaughter. Also in attendance were Bruce
White, Assistant County Counsel; Brad Chalfant, Property Manager;
Sue Stoneman, Support Services Manager; Brian Harrington, Planner;
Sue Brewster, Assistant County Counsel; Kevin Harrison, Planner;
George Read, Planning Director; Helen Rastovich, Treasurer; and
Susie Penhollow, County Clerk.
1. PROGRAM OF THE MONTH AWARD
The Board of County Commissioners presented the Program of the
Month Award to the Dog License Program which is handled in the
Treasurer's Office.
2. PUBLIC HEARING: ON AN APPEAL BY THE LIGHTHARTS OF THE
HEARINGS OFFICER'S DECISION OF DENIAL FOR A CONDITIONAL USE
PERMIT AND NONFARM PARTITION IN AN EFU ZONE
Before the Board was a public hearing on an appeal by the
Lightharts of the Hearings Officer's decision of denial for a
conditional use permit and nonfarm partition in an EFU Zone.
Chair Throop opened the public hearing.
Sharon Smith, attorney for the applicant, reviewed the
application. She reported the proposal does' not seriously
interfere with farming practices on adjacent lands and does
not alter the overall stability of the land use pattern in the
area. The major issue is whether the property is generally
unsuitable. She stated the major issues the Hearings Officer
felt needed to be addressed further are soil classifications,
potential for dry land grazing, potential for water for
irrigation and the history of farm use. Sharon Smith reported
the applicant retained an expert to assist in that endeavor.
She submitted a copy of Glenn Adams' resume to the Board.
Glenn Adams explained that he looked at the soil mapping and
visited each site to assess the condition. He identifies the
plant species that are there and tries to determine where the
site is ecologically. This site is in a low ecological state
as a result of past abuse. There is only enough forage to
feed four cows for a month. He did not address the issue of
irrigated pasture because the opportunity does not exist on
this parcel.
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3.
Sharon Smith reported there was a domestic well on the
property with a capacity of 20 gallons per minute. There is
not a great water table in that area.
Commissioner Schlangen questioned if the domestic well was
sufficient for two to three nonfarm dwellings and all three
dwellings would use the one well.
Sharon Smith responded that it was adequate for domestic use
as long as people were cautious and conserved their water.
She reported there was not enough water to try to get an
irrigation permit. Sharon felt that if the well had the
capacity to serve all three then they would do so, but there
was the possibility that they would each have to drill new
wells.
Sharon Smith reported that the parcel was used by the previous
owner for grazing in conjunction with 4,200 acres of BLM land
for 75 cows during two months of the summer. In addition they
had to buy 200 ton of alfalfa.
Chair Throop questioned why the property was on special use
assessment as a farm parcel. Sharon reported the reason was
because it had not been reassessed and it had not been used in
that manner for a long time. She felt it was a mistake. She
stated that when the Lightharts bought the property, the
previous owner paid the deferred taxes in the amount of
$7,000.
Brian Harrington reported that as of July 1, 1993, the
property was no longer on farm deferral.
There being no further testimony, Chair Throop closed the
public hearing. The record will remain open until November 3,
1993. The decision on this matter will be made on November
10, 1993, during the 10 a.m. Board meeting.
Chair Tom Throop had another meeting to attend and left the
Board of County Commissioner's meeting at this point.
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioner's
were 1) signature for the Cascade Lakes Highway overlay
project; 2) signature of personal services contract with
William E. Briggs dba Adventures in Planning for Mental
Health; and 3) signature of subgrant between the Children &
Youth Services Commission and Central Oregon Community
College.
MINUTES PAGE 2 OCTOBER 27, 1993
4.
5.
SLAUGHTER: I move approval of the consent agenda.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
PRESENTATION OF YOUR COMMUNITY 2000 BENCH MARKS
Laura Fitzpatrick presented a packet of information regarding
the Your Community 2000 Benchmarks. She requested that the
Board of Commissioners review this packet, write any comments
on the documents, and then return them to her. She hoped to
have a final report ready some time toward the end of
November.
PUBLIC HEARING: ON PLAN AMENDMENT AND ZONE CHANGE AT
DESCHUTES JUNCTION FOR THE FAGENS
Before the Board was a public hearing on a plan amendment and
zone change at Deschutes Junction for the Fagens.
Acting Chair Schlangen opened the public hearing.
Kevin Harrison reported receiving two letters from Bob
Lovlien, attorney for the Fagens, requesting a continuance on
this matter. The first letter was dated October 20, 1993, and
the second letter is dated October 26, 1993. They would like
to continue the public hearing until some time after November
14, 1993. He pointed out that the original public hearing was
scheduled for July 7, 1993. The purpose of the continuances
was originally to get some additional information for the
record. At this point no new information has been received.
Bruce White, County Counsel, recommended that the applicant be
asked to submit the additional information in advance of the
next hearing date.
Kevin Harrison stated the first letter asked for a continuance
based on Bob Lovlien having a trial scheduled today at 9:30
a.m. The second letter is requesting a continuance based on
the Fagens being elk hunting until November 14,1993.
Commissioner Schlangen stated that in September they asked for
this date in October, we gave them one month and they have not
submitted any more information. Commissioner Schlangen felt
the public hearing should be continued to November 3, 1993,
request the attorney to be present and have him give an
explanation for a longer continuation.
MINUTES PAGE 3 OCTOBER 27, 1993
SLAUGHTER: I move we continue this on November 3, 1993,
and that we ask that the attorney and the
Fagens or whoever their representative is be
at the meeting.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
The Commissioners also requested Kevin Harrison write a letter
to the applicants attorney informing him that the public
hearing was continued to November 3, 1993.
6. PUBLIC HEARING: ON MP -92-60 AND CU -92-204 FOR BIG FALLS RANCH
COMPANY
Before the Board was a public hearing on MP -92-60 and CU -92-
204 for Big Falls Ranch.
Chair Nancy Pope Schlangen opened the public hearing. The
public hearing was continued to November 10, 1993 per the
request by the applicant.
7. PUBLIC HEARING: ON THE TRANSFER OF REAL PROPERTY BETWEEN
DESCHUTES COUNTY AND THE UNGERS AND SIGNATURE OF ORDER NO. 93-
197 AUTHORIZING THE EXCHANGE
Before the Board was a public hearing on the transfer of real
property between Deschutes County and the Ungers and signature
of Order No. 93-197 authorizing the exchange.
Chair Schlangen opened the public hearing.
Brad Chalfant, Property Manager, reported the County had been
trying for some time to acquire the Unger building in Redmond
for future use as a veterans clinic. He stated that signature
on Order No. 93-193 would authorize this exchange.
There being no testimony, Chair Schlangen closel the public
hearing.
SLAUGHTER: I move signature on Order 93-197 authorizing
exchange of real property between Deschutes
County and the Ungers.
SCHLANGEN: The Chair seconds the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
MINUTES PAGE 4 OCTOBER 27, 1993
8. SIGNATURE OF INTERGOVERNMENTAL AGREEMENTS ON VEHICLE
FORFEITURES
Before the Board was signature of Intergovernmental Agreements
on vehicle forfeitures. Sue Brewster reported the Sheriffs
Department will take care of the administrative part of the
Intergovernmental Agreements. This is an agreement which
would need to be renewed annually.
SLAUGHTER: I move approval of Intergovernmental Agreement
on vehicle forfeitures.
SCHLANGEN: The Chair will second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
9. SIGNATURE OF DEVELOPMENT AGREEMENT FOR JAMES & CAROL NEWTON
FOR A 15 -SPACE MANUFACTURED HOME PARK ON HUNTINGTON ROAD IN
LAPINE
Before the Board was signature of a development agreement for
James & Carol Newton for a 15 -space manufactured home park on
Huntington Road in LaPine.
SLAUGHTER: I move approval and signature on development
agreement for James & Carol Newton for a 15 -
space manufactured home park on Huntington
Road in LaPine upon review.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was approval of weekly accounts payable
vouchers in the amount of $269,081.49.
SLAUGHTER: I move approval of weekly accounts payable
vouchers on review.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
MINUTES PAGE 5 OCTOBER 27, 1993
11. SIGNATURE OF MYLAR FOR WINCHESTER PARK SUBDIVISION ON NEFF
ROAD AND 27TH STREET
Before the Board was signature of a mylar for Winchester Park
Subdivision on Neff Road and 27th Street.
SLAUGHTER: I move signature of mylar.
SCHLANGEN: I second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
12. SIGNATURE OF ORDER NO. 93-194, AMENDING ORDER NO. 93-187
CLARIFYING THE BOUNDARIES OF THE PROPOSED SWALLEY IRRIGATION
DISTRICT
Before the Board was signature of Order No. 93-194, amending
Order No. 93-187 clarifying the boundaries of the proposed
Swalley Irrigation District. Bruce White reported this was a
correction in paragraph 5 of the order.
SLAUGHTER: I would move approval of Order No. 93-194,
amending Order No. 93-187 clarifying the
Swalley Irrigation District boundaries.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
13. SIGNATURE OF ORDER NO. 93-200, SETTING AN ELECTION ON THE
FORMATION OF SWALLEY IRRIGATION DISTRICT AND DIRECTORS OF THE
DISTRICT
Before the Board was signature of Order No. 93-200, setting an
election on the formation of Swalley Irrigation District and
Directors of the District.
SLAUGHTER: I would move approval of Order No. 93-200,
setting election date formation for the
Swalley Irrigation District and directors of
the District on December 9, 1993.
SCHLANGEN: I'll second the motion.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: EXCUSED
MINUTES PAGE 6 OCTOBER 27, 1993
DATED this a7 -/ �k day of
Board of Commissioners of Deschu
AT T:
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Recording Secretary
Tom
wile� , 1993, by the
County, Oregon.
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Nancy Pope'Sthlingen, Commissioner
Barry HV Slaughter, Commissioner
MINUTES PAGE 7 OCTOBER 27, 1993