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2007-876-Minutes for Meeting December 05,1979 Recorded 6/19/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS Yd 24ONI COMMISSIONERS' JOURNAL 06/1912401 11;33:31 AM .1.. 1.1. 1111.................... 2007-876 Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 DECEMBER 5, 1979 - COURTDAY MINUTES Chairman Shepard called the meeting of December 5, 1979 to order at 10:00 a.m. with all three Commissioners present. The first item on the agenda was a preliminary hearing for Annexation to RFPD (Sisters). Chairman Shepard read the notice into the record and to the-audience. MOTION: COMMISSIONER PAULSON moved that the hearing date for this annexation be set for January 2, 1980. COMMISSIONER YOUNG: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda were some hearings for establishment of roads in Romaine Village Unit 9. Chairman Shepard read the resolution for:~the first road and said that the others followed suit. MOTION: COMMISSIONER PAULSON moved that the resolutions be approved. COMMISSIONER YOUNG: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Hearings for establishment of roads in Brightenwood Estates, Phase III: MOTION: COMMISSIONER YOUNG moved that the resolutions be approved. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was a vacation of Ninth Street west from Riverview to Bend- Sisters Highway; Tenth Street east from Riverview to Bend-Sisters Highway; Wharton Avenue south from Eighth Street to Bend-Sisters Highway; Alley south from Ninth Street to Bend Highway. Chairman Shepard read the resolution into the record. MOTION: COMMISSIONER YOUNG moved for adoption of the resolution. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was a resolution for vacation of the alley in Block 6, lying between Second Street and Third Street in Tumalo. Chairman Shepard read the reso- lution into the ,record. MOTION: COMMISSIONER YOUNG moved for adoption of the resolution. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. The next matter on the agenda was the Second Reading of Amendment to Subdivision Ordinance PL-2: An Amendemnt to Deschutes County Subdivision Ordinance Allowing a Revival of Expired Preliminary Approvals by Order of the Governing Body. Chair- man Shepard read this amendment into the record. MOTION: COMMISSIONER PAULSON moved to adopt the amendment. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG; Aye. CHAIRMAN SHEPARD: Aye. 1 BOARD OF COUNTY COMMISSIONERS DECEMBER 5, 1979 Chairman Shepard read an order that accompanied PL-2. MOTION: COMM.ISSIONER.PAULSON.moved to approve the order. COMMISSIONER YOUNG: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. The next item on the agenda was the Second Reading of Procedural Ordinance PL-9, An Ordinance Providing for Uniform Procedure Governing Land Use Applications, Public Hearings, and Appeals Thereon. This was to be the second reading of this ordinance, however, Lou Dvorka, County Counsel suggested that since he had some changes to incorporate into PL-9, this should be made the first reading as amended with the second reading in 13 days. Mr. Dvorak read through the ordinance inserting the corrections. After he had finished Chairman Shepard asked if there was a motion. MOTION: COMMISSIONER PAULSON moved that this be the first reading as amended of PL-9. CHAIRMAN SHEPARD: Second. Myer Avedovech, Hearin.gs'Off.icer stated that he had given county counsel a proposed change on page 12, Section 6.030. Mr. Avedovech.stated that he would like the "No" taken out of line concerning the Planning Director's "failure" . Mr. Avedovech also pointed out a change which Mr. Dvorak had not mentioned. Mr. Dvorak stated that the change on page 12 will take place. COMMISSIONER PAULSON added these correction into his motion. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. CHAIRMAN SHEPARD as seconder consented to the corrections added by Mr. Avedovech. December 19, 1979 is the datel.set for..th.e.second reading of Ordinance PL-9. Bob Coates, chairman of the Resource Committee... Mr. Coates said that this presentation today was in reply to the meeting of December 4, 1979 at 2:00 p.m. The miners had a meeting last night to discuss the problem. Mr. Coates said that after presentation of all the materials which was handed out yesterday, the miners now feel that they did not want to spend the extra time and money going over those documents and now they would like to submit is the original comprehensive plan ordinance on surface mining that was presented and went through all the various categories in the planning procedures. There was further discussion and other ideas ran through the room MOTION: COMMISSIONER YOUNG moved that the original document dated May 31, 1978 that came out of the Surface Mining Committee to be considered in the hearing. COMMISSIONER PAULSON: Second, for discussion. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER.YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Commissioner Young had a matter which he believed needed to be discussed. Mr. Young stated that it is his belief, and he can find no evidence to prove otherwise, that there was no first or second reading of the ordinances establishing the comprehensive plan for Deschutes County, PL-20, Deschutes County Subdivision Ordinance of 1979 PL-14, and Deschutes County Ordinance of 1979, PL-15. MOTION: COMMISSINER YOUNG mooed thattthe Board of Commissioners get a decision from the Attorney General through the District Attorney's Office as to whether the plan and its ordinances were properly adotped because of the procedure so outlined. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. 2 y BOARD OF COUNTY COMMISSIONERS VOTE: COMMISSIONER YOUNG: Aye. COMMISSIONER SHEPARD: Aye. There being no further business this day, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS /jo CLAY P- , Chai an