2007-847-Minutes for Meeting October 10,1979 Recorded 6/19/2007COUNTY
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BOARD OF COUNTY COMMISSIONERS
October 10, 1979 - DAILY MINUTES
Chairman Shepard called the meeting to order at 10:04 a.m. with all three
Commissioners present. Mike Maier was the first matter on the agenda regarding
House Bill 2271 which requires the Board to make a determination between the
District Attorney and County Counsel as to who is to handle the commitment
hearings at the request of the court. Mr. Tom House was present to discuss
the matter more fully with the Board and to help explain the statute. It
was discussed who would be better able to attend these hearings. It was decided
that the District Attorney would be appointed to attend these hearings and
in the event that a conflict should arise, county counsel would be contacted
to serve; if in the event that county counsel also had a conflict, a private
lawyer would be hired to serve the court paid by the court. Chairman(Shepard
read the order into the record for the benefit of those present. Commissioner
Paulson moved to approve the order as read, appointing the District Attorney
as commitment hearings representative. Chairman Shepard seconded the motion.
Commissioner Young--aye. Commissioner Paulson--aye., Chairman Shepard--aye.
Motion carried.
Bill Monroe was next on the agenda with a matter concerning Plat #561 and
Lovestone Acres and Odin Crest Estates. Mr. Monroe asked the Board to review
Plat #561 regarding the LCDC goals number 11, 12 & 13, Kachina Acres. After
discussion, Commissioner Young moved that if there was any objection to approval
of preliminary plat #561, Kachina Acres that it be handled through the regular
appeals process as provided in county ordinance. The motion died for lack of a
second. Chairman Shepard moved to proceed with the review of Plat #561. The
motion died for lack of a second. Commissioner Paulson then moved that the Beard
direct planning staff to draw up a proposed order for the Board's consideration
to review Plat 4561. Chairman Shepard seconded the motion. Commissioner Young--
no. Commissioner Paulson--aye. Chairman Shepard--aye. Motion carried.
Bill Monroe happened to bring up the fact that there was a Planning Commission
meeting this evening called by Folmer Bodtker. Mr. Monroe was asked why
24-hour notice was not given to the press and other members and the public.
Mr. Monroe said that he received word late in the afternoon yesterday and just
had time to get an agenda ready. Mr. Monroe also stated that this would have
been a regular meeting if the Commission had not decided at the last meeting
not to have one. Mr. Monroe said that Mr. Bodtker wanted to bring up two matters--
1. a letter discussed with the Commissioners that was made public at the
last meeting;
2. review of revision of PL-1.
Jill Thompson came in with two orders regarding the City of Bend, Airport Hangar.
The first order formalizes the Board's decision of September 24, 1979. After
some discussion, Commissioner Paulson moved to approve the order on City of Bend,
Airport Hangar CU79-27 formalizing the decision of September 24, 1979. Chair-
man Shepard seconded the motion. Commissioner Young--no. Commissioner Paulson--
aye. Chairman Shepard--aye. Motion carried. Commissioner:Paulson:wantgd it.
stated in the record that the decision is, in the Board's view, effective on the
date of signature as outlined in PL-9 and prior to that decision it was brought
to the Board's attention by staff that the original hearing had a procedural
error that the Board had not discussed regarding the interim agricultural ordinance.
Commissioner Paulson also moved to approve the order in the matter of CU79-27
City of Bend Airport, Notice of Rehearing. with the rehearing date set October
30, 1979 at 10:00 a.m. Chairman Shepard seconded the motion. Chairman Shepard
read the order into the record. Commissioner Young--aye. Chairman Shepard--
aye. Commissioner Paulson--aye. Motion carried.
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BOARD OF COUNTY COMMISSIONERS
October 10, 1979
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Next on the agenda was Lovestone Acres/Odin Crest Estates. Dan Van Vactor asked
the Board for a continuance of these two cases on separate dates. Further, Mr.
Van Vactor asked the Board for the following: 1) that Mr. Dvorak and himself
be appointed to go through the records for both cases and put in what they thought
would be pertinent to the case and, in the event that they should disagree as
to if a document should be included, the Board would make the final decision;
2) that the Board hear these two cases on two separate dates. Commissioner
Paulson brought up the matter that the Board would want to go through hearing
procedures with Lou Dvorak before Mr. Van Vactor and Mr. Dvorak did. Mr. Van
Vactor said that this would be fine with him. Several dates were discussed
for the hearings. Commissioner Paulson moved to approve the resetting of these
hearings for Lovestone Acres at 10:00 a.m. on October 23, 1979; for Odin Crest
Estates at 10:00 a.m. on October 24, 1979 and that the Board adopt hearing
procedures as outlined in that portion of PL-9(reviews, petitions before the Board)
as is appropriate and Lou Dvorak and Dan Van Vactor stipulate the record.
Chairman Shepard seconded the motion. Chairman Shepard also stated that if there
are some procedures in that portion of PL-9 which do not apply or the Board
does not want to use, they will at that time make a motion to waive them.
Commissioner Young--aye. Commissioner Paulson--aye. Chairman Shepard--aye.
Motion carried.
Chairman Shepard brought up a matter concerning Dick Nichols. Mr. Nichols has
scheduled a hearing on the Sewage Treatment Plant for November 12, 1979.
However, November 12 is Veterans Day and the Annex will be closed. Mr. Nichols
has asked Chairman Shepard if it would be possible to have the Annex opened for
the hearing. Commissioner Paulson said that there would have to be a staff
person on hand to open and close. Chairman Shepard and Commissioner Young
agreed. Chairman Shepard will get in touch with Mr. Nichols and make arranements.
Mr. Jack Edwards was present at the meeting regarding a variance for his lot.
He says that there is 50 feet in the front and 50 feet in the back of his lot
that he cannot use and wants to know if he can legally change that to 25 feet,
front and back. Commissioner Young said that Mr. Edwards would have to express
his concerns for this change at the October 18 meeting(of the comprehensive
plan) since this change would engulf the whole subdivision. Mr. Edwards was also
told that he could write a letter if he felt so inclined. Mr. Edwards said he
would do one or the other.
There being no further business this day, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
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CLAY C. S EP RD, r
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ALBER A. YOUNG, Commissi 01 r
ROBERT C. PAULSON, JR., Commission
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