2007-828-Minutes for Meeting September 10,1979 Recorded 6/19/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS Q 2007.828
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2007-828
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BOARD MEETING - September 10, 1979
DAILY MINUTES
Chairman Shepard opened the meeting at 10:05 a.m. Commissioner Young was not present
until 10:20 a.m. Chairman Shepard asked if there was any small business to take
care of that was not on the agenda. Diana from the Sheriffs office said that there
were two County Land Sales that had not be advertised and therefore could not legally
be taken care of. She asked the Board to amend one of the sales to compromise with
the other. The amended order is as follows: Code 1-1 Tax Lot 700, said property
being a part of Section 32AC, Township 17 South, Range 12 East of the Willamette
Meridian, Deschutes County, Oregon. AND Code 1-1, Tax Lot 499, said property being a
part of Section 32AC, Township 17 South, Range 12 East of the Willamette Meridian
Deschutes County, Oregon. Both of these properties are to be sold on October 10, 1979
at a public auction instead of October 5, 1979. Commissioner Paulson moved
that the sale of both be on October 10 as recommended. Chairman Shepard seconded the
motion. Both Commissioners present voted aye. Motion carried.
Lou Dvorak spoke on the matter of the Carroll Pitts Airstrip on Dodds Road. Lou
has prepared a memorandum for the Board of Commissioners with recommendations.
Commissioner Paulson moved that the Board take action as recommended by the County
Counsel in his memo of September 7, 1979 to the Board specifically that the Board
cite Carroll E. Pitts, James H. Wilhelm, Adrian F. Mitchell and Larry W. Garoutte
for violating Zoning Ordinance PL5 by having a airport where it is not permitted.
Further, that the Board wait until the new County Zoning ordinance is adopted to
decide whether the Board should wish to seek injunctive relief abating existing
runway and hangar. Commissioner Shepard seconded the motion. Commissioner Shepard
asked Counsel if in all reality nothing would be done until the new Ordinance is
passed. Lou said yes, then went on to explain the situation more basically to
the Commission. Lou said that he thought it should be left up to the District
Attorney's office as to whether or not they would want to prosecute. Vote--
Commissioner Paulson--aye, Commissioner Young--no, Chairman Shepard--aye. Commissioner
Young disagreed with Commissioner Paulson as the basis on which the vote and motion
were made. Motion carried.
Mountain High Subdivision - Bob Lovlien was present at this discussion. The gist
of the discussion was if the hearing could be legally reopened. A decision had been
reached by the Planning Commission but no Findings of Facts were prepared. Discussin
followed by both Bob Lovlien and Lou Dvorak. Lou said that a :duly 11, 1979 transcript
showed that the hearing had been closed(meaning that no more public testimony could
be heard). Commissioner Paulson movC-d that.~bAs.edtbn thel_find ngs.,outl ned.~ffomr. i
Lou' •DV.orak,4stmenlorand umr'.datddSSepteinber,5,"1979 that the Planning Commission not be
allowed to reopen the hearing. Chairman Shepard seconded the motion. Chairman Shepard
asked for discussion; there being none the question was called for. Commissioner
Paulson--aye, Commissioner Young--no, Chairman Shepard--aye. Motion carried.
Further discussion of the matter followed after the vote. Mr. Fulmer and Mr. Lovlien
made further arguments against the vote. Mr. Fulmer made the point that maybe the
County Counsel should uphold the Planning Commission further. Mr. Dvorak made the
point that he did offer to help the Planning Commission; his offer was ignored.
Next on the agenda was a discussion about the Comprehensive Plan that Mr. John
Anderson wished to sit in on. Chairman,Shepard told Mr. Anderson that it had been
suggested that the Board hold another hearing in regards to the Comprehensive Plan.
Mr. Anderson told the Board that August 31 through September,people have the chance
to write in about the Plan if they like it or don't like it. Mr. Anderson
said that in addition to the plan they are of primary significance some very minor
plan changes in the statement. John Anderson does not see a real need right now
for another public hearing. Commissioner Paulson asked for Lou Dvorak's comments.
Lou felt that it was up to the discretion of the Board if they think the situation
warrants another-hearing. He, does,not feel that a public hearing is necessary.
There being no further business this day, the meeting was adjourned.
BOARD OF COMMISSIONERS
'-7
CLAM LEPARD , Cha'Irman
X2~. Yf ' X~c/ kNt
ROBERT C. PAULSON, JR., Commissiopfe
ABE YOUNG, Commissioner