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2007-939-Minutes for Meeting April 16,1980 Recorded 6/20/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKS ~d Z00~-939 COMMISSIONERS' JOURNAL 0612012001 09:40:38 AM IIIIIIII IIIIIIIIIIIIIIIIIIII III 2007-838 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 APRIL 16, 1980 - COURTDAY MINUTES Chairman Young called the meeting to order at 10:04 a.m. with all three commissioners present. The first item on the agenda was a final hearing in the matter of annexation to Rural Fire Protection District No. 2 (First on the Hill Sites). Chairman Young read the order in this matter. Chairman Young then opened the hearing on this matter and there being no testimony either for or against this matter, the hearing was closed. MOTIO14: COMMISSIONER PAULSON moved to approve the order. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. The next matter on the agenda was the first reading of 203.1 and 203.1A, more commonly known as the June Fox law. MOTION: COMMISSIONER PAULSON moved that the first reading be by title only of ordinance 203.1 and 203.1A. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. It was read by title only; the second reading will be May 7, 1980. Commissioner Shepard asked who wanted to have this ordinance redone. Chairman Young stated that it was the dog control officer that wanted the change and Commissioner Paulson stated that it was under authority of the Board. Next on the agenda was an amendment to PL-14, in the matter of amendment to Deschutes County Subdivision/Partition Ordinance. Chairman Young asked the other two commissioners what their desire was with this amendment. Commissioner Shepard felt that it should be read for the record as there had been much discussion regarding it. Chairman Young read the amendment in its entirety for the first reading. Comissioner Paulson felt that the water purveyors for the county should be sent a copy of this amendment. Mr. Paul Buchanan felt that the words "community" water system needed to be included; only "a water system" deleting the word community. It was so deleted. Duane Clark of the Watermaster's office stated that one reason that this was being enacted was because there were water sytems that were getting by the state and being operated without state approval. This was hoped to rid this county of these operations. The second reading of this amendment will be May 7, 1980. Next on the agenda was a second reading to ordinance 203.14, an ordinance setting up fees in the Assessor's Office for Service. Chairman Young asked the desire of the Board. MOTION: COMMISSIONER PAULSON moved to have the second reading of this ordinance 203.14 by title only, which includes reference to the attached Exhibit. COMMISSIONER SHEPARD: Second. Chairman Young asked that he be allowed to read the Exhibit "A", the fee schedule. The other commissioners agreed. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. There was discussion about copies of appraisals cars for the owner of record and the following amendment was made: The $1.50 fee does not apply to the owner of record requesting only one copy. The addition was added and then 1 4 . A a motion was made. MOTION: COMMISSIONER PAULSON moved to approve Ordinance 203.14 as submitted by the assessor with additions previously outlined. COMMISSIONER SHEPARD: Second. Chairman Young commented that,in his opinion, that to have a budget fail and then to turn around and try to institute a fee schedule for the paying of service, was a back door approach and was incorrigible. Chairman Young felt that the Board would be well advised not to approve this ordinance as it does not build up confidence in local government. Oscar Bratton, the county Assessor, was present and was asked how some of these fees were arrived at. Mr. Bratton stated that some were taken from Marion County and some were calculated between Mike Maier and himself. Mr. Bratton stated that he would like to have uniformity within the departments of the county. Mike Kment, of the Central Oregon Builders Association, stated that he thought that the looking up of records could be made self-service instead of bothering the Assessor's staff. Mr. Bratton stated that he had a policy not to allow anyone besides the staff into the records. Commissioner Shepard felt that maybe the Board of Realtors or some other such group that uses these records could have a secretary paid by them to look up the information for the records therefore eliminating the fee. Mike Kment and Mr. Bratton were asked if they would work together and see what they could come up with. Mr. Kment said that this is fine with him as did Mr. Bratton.. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: No.. Next on the agenda were some requests for refunds. From the Planning Dept: $78 for Luther Purdue; from the Sanitation Dept: $65, Receipt 418484, Francis Ruber; from the Planning Dept: $354, Oregon High Desert Museum;_ Lelco Inco. Receipt Number 18573 for $216 and from the Sanitation Dept. $40 receipt number 18633, Berverly Mistoke--all approved. Next on the agenda was a resolution in the matter of naming all of Hakkila Avenue. Chairman Young read the resolution for the record. MOTION: COMMISSIONER PAULSON moved to approve the resolution setting the hearing date for June 2, 1980. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Next on the agenda was a discussion regarding Tumalo Rim Homeowners Association v. Coats. Chairman Young had a letter from Paul Speck asking the County to be co-plaintiff's in a case against Coats,as the homeowners felt that one of his pits had been abandoned and should have been reclaimed. Commissioner Paulson asked Lou what his thoughts on the matter were. Lou felt that the issue had been resolved to the effect that the LCDC has granted Deschutes County a 120-day continuance to improve their surface mining chapter along with other changes. Commissioner Paulson felt that it would be appropriate for the County to become involved in this matter with regard to possible repercussions throughout the county. MOTION: COMMISSIONER PAULSON moved to instruct county counsel to work with Paul Speck, attorney for the homeowners asso~- diation, and communicate to Paul Speck that the county is willing to assist in a suit related to the county's authority in site plan criteria as related to surface. mining operations. Commissioner Shepard asked if the word "suit" was appropriate. Lou stated that the county could intervene as a co-plaintiff and would have to be based 2 r r on whether or not the county can require site plans for surface mining operations. Lou suggested that he be instructed to work with Mr. Speck to develop a plan on how to handle this proposed litigation. Commissioner Paulson moved as Lou outlined. MOTION: COMMISSIONER PAULSON moved that county counsel be instructed to work with Mr. Speck to develop apla.n on how to handle this proposed litigation. COMMISSIONER SHEPARD: Second. Chairman Young wanted to be sure that the county would not be entering into a law suit; Lou assured him that they would not be. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. Next on.the agenda was a vacation of all of Saddle Drive in Horseshoe Acres. Chairman Young read the resolution in this matter in full setting the hearing date for June 4, 1980. Commissioner Paulson stated that he did not like the wording of the resolution as it said that it was the intent of the Board to vacate this road when his intention was just to set the hearing. It was decided that the wording would be changed on the original form and the secretary would change those in front of the Board today. There was also a resolution vacating a portion of Tullar Road. The same thing applied there as to the wording of the resolution. MOTION: COMMISSIONER PAULSON moved to approve the resolutions setting the hearing date for Tullar Road and Saddle Drive for June 4, 1980. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. MOTION: COMMISSIONER SHEPARD moved to approve the resolution for Saddle Drive subject to the change. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. There being no further business, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS /jo 4e-.V: C~ ROBERT C. PAULSON, Commissione