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2007-863-Minutes for Meeting November 06,1979 Recorded 6/19/2007COUNTY OFFICIAL r NANCYUBLANKENSHIP, COUNTY CLERKS YY ~~U~-863 COMMISSIONERS' JOURNAL 06/19/2007 11;32:28 AM 111111111111111111111111 11 2 07-8113 j Do not remove this page from original document. L Deschutes County Clerk Certificate Page r t C If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , BOARD.OF.COUNTY COMMISSIONERS NOVEMBER 6, 1979 - DAILY MINUTES Chairman Shepard called the meeting to order at 10:02 a.m. with all three Commissioners present. Commissioner Paulson had a matter to bring up that was not on theagenda. Commissioner Paulson believes that the Planning Department are unclear concerning the way the EFU zone is to be interpreted in terms of single family residences. Commissioner Paulson introduced a motion to the Board that he felt would help to clarify the situation: MOTION: To lucidate the policies previously adopted by the Board contained within zoning ordinance PL-15 Section 2.020 and Section 6.020 an all EFU zone in the comprehensive plan; Commissi mer Paulson would like to move to resolve that al:±7 ©AC' single family residences in conjunction with farm use be be allowed outright; that non-farm second residences on a given parcel in EFU zones be allowed as conditional use this conditional use to be in accordance with ORS 215.213 (3) and County Ordinance PL-15; pre-existing sub-standard size lots be permitted any use allowed by the zone in which the parcel is located in accordance with PL-15 Section 6.020(3). CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Abstain. CHAIRMAN SHEPARD: Aye. Commissioner Paulson stated that this needed to be drawn up in the form of a resolution. The first item on the agenda was a discussion presented by Commissioner Young regarding the Comprehensive Plan. Commissioner Young stated that he believed that P1-14, P1-15 and P1-20 and the Comprehensive Plan were adopted improperly. based on ORS 035(4 & 5). The ordinances were not given a second reading as required in ORS according to Commissioner Young. Commissioner Young stated that he did not believe that there had even been a first reading; also, it was not a unanimous vote of the governing body. Commissioner Paulson did not feel that it was appropriate at this time to discuss this matter further without further research. Lou and Jill are to look into this. Dan Van Vactor had a matter that needed to be discussed concerning a septic tank dumping station in La Pine. Mr. Van Vactor believes there is a need in La Pine to establish a dumping station for the health concerns of the people. Mr. Van Vactor told the Board that there are several dumping stations that are not within the established boundaries. There is only one dumping station in La Pine at this time; the other one is in Bend. Chairman Shepard told Mr. Van Vactor that the Board would investigate the matter and see what can be done. The next question that Mr. Van Vactor had to ask the Board was concerning MJP 79-48, procedurally. On August 8, 1979 preliminary approval was sent by the the Planning Department--Phil Paschke--on October 8, 1979 a denial letter was sent under PL-7. Mr. Van Vactor asked the Board if PL-7 applies or if PL-9 applies. 1 BOARD OF COUNTY COMMISSIONERS NOVEMBER 0, 1979 Mr. Van Vactor pointed out that PL-7 states that an appeal be filed within 10 days of denial; PL-9 states that it be filed within 15 days which is the the ordinance that Mr. Van Vactor relied upon since it is the procedural ordinance. Mr. Van Vactor's position is that PL-9 should be the ordinance by which the staff should rely upon instead of PL-7. Chairman Shepard asked Lou Dvorak his opinion. Lou stated that he felt that both ordinances apply in different instances. Mr. Van Vactor asked the Board to hear an opinion from Mr. Avedovech, Hearings Officer; Commissioner Paulson did not feel it was appropriate for Mr. Avedovech to voice an opinion as he may have to hear the case later. There was much more discussion regarding the procedure taken. MOTION: COMMISSIONER PAULSON moved that the Board follow the information outlined in PL-7 and PL-9 in that they are distinctly referred to separate dates and procedures for appeals of the Hearings Officer and Planning Commission decisions as opposed to appeals of staff level or Planning Director's decisions. The ordinance is interpreted as they are written. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: No. CHAIRMAN SHEPARD: Aye. Next on the agenda was Dolo Cutter. She stated to the Board that at this time the information she needs to present to the Board was not ready and so she was not prepared to confront the Board and will make arrangements to to see the Board at another time. Next on the agenda was J Bar J Boys.Ranch Presentation. Present from the J Bar J Boys Ranch were: Dick Flowers--Board Member, LaGrande Weaver--Board Member, Ken Dalton--Director, John Van Patten--Staff Member. These gentlemen were present to request and discuss the present lease that the County has with the ranch for the property that the ranch is situated on. The lease is coming due in June, 1981; These gentlement would like to buy the ranch from the County for the program's purposes for the original price that the County paid for it: $37,000 for 40 acres with buildings on it. Mr. Flowers led the discussion telling the Board of the different activities that the ranch holds for troubled youth of Deschutes County. Mr. Dalton gave the Board a brief history of the ranch. A date of November 27, 1979 at 10:30 was set as a time when the Commissioners and the above-referenced gentlemen would get together again to discuss this further. Next on the agenda was Howard Kraus from the Seventh Mountain Service District. Mr. Kraus was requesting the Board to give him permission to petition the Oregon State Public Contract Review Board to grant him a waiver for the rebidding requirement. He would like to reject the bids received for the project now and would like to negotiate with the two bidders rather than having to rebid. After discussion it was moved: MOTION: COMMISSIONER YOUNG moved to adopt the order as Chairman Shepard had read it into the record. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. MOTION: COMMISSIONER YOUNG moved that the total costs of the bid should not exceed $523,500. CHAIRMAN SHEPARD: Second. 2 BOARD OF COUNTY COMMISSIONERS NOVEMBER 6, 1979 VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was Duke Warner - Discussion regarding a Minor Partition for David Pruitt. Mr. Pruitt wants to,partition 5 acres from 17.6 acres; Mr. Warner had come into the Planning Department to make application to start this partition. Mr. Warner was told by the Planning staff that a new plan was in effect that would put this land into a 20-acre minimum zone; Mr. Warner said he was completely discouranged from making application. After further discussion, Commissioner Young told Mr. Warner to write a letter to the Board of Commissioners oulining the situation and that way the Board could take official action on it. Chairman Shepard concurred with Mr. Young's suggestion. The meeting was recessed until 1:30 p.m. For signature: Redmond City Plat, Burning Tree Village, Village Square. Chairman Shepard informed the other two commissioners that the plat was all signed off except for the Board. MOTION: COMMISSIONER YOUNG moved to approve the Village Square Plat. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Jill Thompson had the tape of November 1, 1979 adopting the Comprehensive Plan cued to the point up to the reading of the ordinance. Ordinance PL-20 was read once, Ordinance PL-14 was read by title, Ordinance PL-15 was read by title for the first reading on October 18, 1979 and the second on November 1, 1979. Commissioner Young disagreed with the statement that Jill Thompson made that the October 18, 1979 reading was the first reading of the ordinances. No action was taken. For signature: Order regarding Zoning and Building Permit Applications. Chair- man Shepard read the order into the record. This order is rescinding an order adopted on October 17, 1979 setting October 1,1979 as the deadline for filing application under the old plan; this order sets that final date as November 1,1979. MOTION: COMMISSIONER YOUNG moved that the order be adopted. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER YOUNG: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN SHEPARD: Aye. Refund Order--in the amount of $80.00; receipt number 13999 for Hazel J. Huntner per request of Bill Monroe, Planning Director--approved. Commissioner Paulson had a matter to bring up concerning the committee to review the plan. He hopes that each commissioner is thinking about outling the content of what each committee member should be like. Another matter Commissioner Paulson would like to bring up--he would like to initiate the formation of another committee as referred to in the comprehensive plan to investigate means of compensation of land use actions. Chairman Shepard stated he though that it would take some time to form this committee as each commissioner would need to think about who would be pertinent to have on this committee. Commissioner Young and Chairman Shepard concurred that Commissioner Paulson should draw up an outline for them to go over. Commissioner Paulson had an 3 v BOARD OF COUNTY COMMISSIONERS NOVEMBER 6, 1979 VVI article which was put---toge-ther°-by°Greg Cushman-of The Bulletin concerning the comprehensive plan. Commissioner Paulson has had a number of people comment to him that this article really helped them to understand the plan better; Commissioner Paulson suggested to the Board that they put this article together in the form of a brochure to use as handout explanations. Commissioner Young and Chairman Shepard felt that this was a good idea as long as it is current. Commissioner Paulson received the Board's permission to present a mock-up of what he proposes to do. Mike Maier came into the meeting regarding use of the Justice Building rooms. Mike has received a request from Tom, Deputy D.A. to use the conference room in the Justice Building. Tbm teaches a class in law enforcement during the evening. Mike would like the Board's authorization to use the Justice Building. Mike felt that some policy should be arrived at if the Justice Building conference room would be used. There was further discussion; Commissioner Young told Mike to draw up some guidelines and policies of using the Justice Building to present to the Board at a later date. Mike brought to the Board's attention a comment sheet to fill out for employees directly under their supervision for his personnel review. Commissioner Young stated that he believed that this should start with the Chairman and work its way down. There being no further business this day, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS '04 el,~ ,41Z CLAY C. S PARD, Chairm ALB RT A. YOUNG, Co sinner Z X' ROBERT C. AULSON, JR., Commissione r /jo 4