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2007-869-Minutes for Meeting November 21,1979 Recorded 6/19/2007NANCYUBLANKCOUNTY ENSHIP,F000NTY CLERKS Q 2007.869 COMMISSIONERS' JOURNAL 0611912007 11;32;28 AM 111111111111111111111111111111111 2 07-860 Do not remove this page from original document. Deschutes County Clerk Certificate Page -CE! 4 0, ! P ar., a%.- ` - 4~ 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 21, 1979 - COURTDAY MINUTES Chairman Shepard called the meeting of November 21, 1979 to order at 10:00 a.m. with all three commissioners present. The first item on the agenda is the preliminary hearing for rural fire protection number 2(McConnell). Chairman Shepard read the order into the record. MOTION: COMMISSIONER YOUNG moved to adopt the order setting the hearing for December 19, 1979 in Conference Room A,'Deschutes County Courthouse Annex. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda were two resolutions; one for the vacation of all that portion of the alley in Block 6, Lying Between Second Street and Third Street; the second for vacation of Ninth Street etc. After reading of these resolutions and a statement from Charlie Plummer that he had not physically been out to see these sites, Commissioner Young suggested to the Board that before any action is taken that these roads be looked into. Chairman Shepard suggested that December 5, 1979 be set as the date for these roads to be heard. Next on the agenda was an order for vacation of Cline Falls Road. Chairman Shepard read the order into the record. When Asked if there were any comments from anyone in the audience, Charlies Plummer recommended to the Board that this road be vacated as the road is already vacated but the paperwork has not been done. MOTION: COMMISSIONER PAULSON moved to approve the order. COMMISSIONER YOUNG: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda were some hearings for establishments of roads. Chairman Shepard read the resolutions into the record. After reading of the resolutions Chairman Shepard asked if there was any opposition to the establishment of these roads, there being none: MOTION: COMMISSIONER YOUNG moved for establishments of the roads as read into the record. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. COMMISSIONER SHEPARD: Aye. Next on the agenda was the second readig of County Ordinance 203.12, an ordinance restricting issuance of building permits. Chairman Shepard read the ordinance into the record. MOTION: COMMISSIONER PAULSON moved to approve the ordinance. COMMISSIONER YOUNG: Second. Commissioner Young made a statement that ne aues not feel that the health department should issue an order or a request denying a building permit until the people involved have had sufficient time to present their evidence to counteract whatever charges have been made against them. Lou Dvorak stated that there was provision in the order providing this for the people involved. There was further discussion from Ken Glantz of the Building Department and from John Glover from the Health Department. Brad Fancher was also present for 1 BOARD OF COUNTY COMMISSIONERS NOVEMBER 21, 1979 - COURTDAY MINUTES the discussion. There was discussion that this matter tied into the Woodside Ranch problem and there were suggestions to tabling the motion and bring it up at such time as that problem was discussed. Chairman Shepard stated that he felt that this was an important matter and should not be pushed to one side. Ed Barnes from the Oregon State Health Division was present and added to the discussion. Commissioner Young stated that he felt that this ordinance was to "open-ended" and had too many loose ends. MOTION: COMMISSIONER YOUNG moved that the discussion be discontinued and the motion be tabled to be brought up at a later date. Chairman Shepard made the suggestion that the health department should alert the Board of Commissioners when a health problem exists so that some action can be taken. Lou Dvorak asked for some specific instructions in re-drafting the ordinance so that this kind of discussion does not happen in the future. Mr. Dvorak will re-draft County Ordinance 203.12. At this time Chairman Shepard decided that it would be appropriate that the discussion of Woodside Ranch take place since it was this situation that prompted the writing of 203.12. Brad Fancher started the discussion as he was with Mr. Roates who provides the water to Woodside Ranch. Mr. Fancher told the Board that Mr. Roates is investigating the problem with the water system. Mr. Fancher gave the Board a letter from Keith Hartner of Central Electric Coop regarding the electrical problem at Woodside Ranch. Mr. Roates stated to the Board that it is not his fault that at times the people at Woodside Ranch do not have water. Ed Barnes told the Board that only 120 lots had been approved at Woodside Ranch; there are not 50 more lots using water than had been approved. Mr. Barnes believes that this is compounding the water problem and can be remedied. Next on the agenda was the second reading of Amendment to PL-1 creating a planning Commission. Chairman Shepard read the ordinance into the record. MOTION: COMMISSIONER YOUNG moved to adopt the ordinance. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was the second reading for Ordinance 203.10, alarm ordinance. Chairman Shepard read the ordinance into the record by title only. When the audience was asked if there were any comment, Richard Bassett, of Central Oregon Security and Alarm had some comments. Darrell Davidson and County Counsel were able to answer the questions. MOTION: COMMISSIONER YOUNG moved for adoption of the ordinance. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was discussion from Max Mills regarding a land partition. Max Mills wrote a letter to the Commissioners explaining his situation and went on to further explain it. He would like to break up the land along its natural boundaries. A canal comes through his property and it is impossible to pass over it and that and fences and roads break up the property in such a way that it can be used in small parcels but not in the big parcel. Mr. Mills is asking the Board to waive the variance request. Commissioner Paulson does not 2 BOARD OF COUNTY COMMISSIONERS NOVEMBER 21, 1979 - COURTDAY MINUTES that it is up to the Board to waive or require this procedure as according to the County's procedural ordinance that is the prerogative of the hearings officer. Chairman Shepard stated that under the old ordinance he could have partitioned his property without any problem; however the planning department had told Mr. Mills that after the plan was adopted then he should come back and try to get it done, when Mr. Mills went back after the plan was adopted he was told to fill out a variance and pay the fee. Commissioner Paulson feels that he would be able to waive the fee but not the variance. It was left that Mr. Mills would go back to the planning department and find out what he has to do and get back to the board. Next on the agenda was the first reading of PL-9, County Procedural Ordinance. Chairman Shepard read the ordinance by title only. The second reading will take place on December 5, 1979. Myer Avedovech informed the Board by way of memo that he would like a chance to give the Board some written comments concerning PL-9. Next on the agenda was the second reading of PL-2. Chairman Shepard read the ordinance by title. MOTION: COMMISSIONER PAULSON moved that the second reading be continued to November 27, 1979. CHAIRMAN SHEPARD: Second. COMMISSIONER PAULSON: Aye. CHAIRMAN SHEPARD: Aye. There being no further business this day, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS CLAY C PARR, Cha rman ALBERT-A. YOUNG, om 'ss* ner ROBERT C. PAULSON, JR., Commiss er /jo