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2007-1044-Minutes for Meeting November 19,1980 Recorded 6/20/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKS vu 2007NIY;j COMMISSIONERS' JOURNAL 06/2012007 10;32;46 AM 12007-1 Do not remove this page from original document. Deschutes County Clerk Certificate Page C f 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 19, 1980 - COURTDAY MINUTES Acting Chairman Paulson called the meeting to order at 10:00 A.M. Chairman Albert A. Young was not in attendance due to an AOC meeting in Eugene. The first item on the agenda, an informal presentation-on the amendments to the Sisters Comprehensive Plan, was canceled until further notice. Next on the agenda were the following items for signature: MJP-79-72, Robert McClanathan, applicant. This parcel is located on Ridgepine Drive northeast of Sisters. MOTION: COMMISSIONER SHEPARD moved to approve MJP-79-72. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. MJP-80-14, Luis Vazquez, applicant. This parcel is zoned RR-10 under the new zoning. MOTION: COMMISSIONER SHEPARD moved to approve MJP-80-14. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. MP-80-38, Kent Wilcox, applicant. The subject parcel is zoned EFU-40. MOTION: COMMISSIONER SHEPARD moved to approve MP-80-38. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. MP-80-85, Morgan Smith, applicant. This parcel is located westerly of Redmond and is zoned RR-10. MOTION: COMMISSIONER SHEPARD moved to approve MP-80-85. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. MP-79-228, Walt Payne, applicant. This partition includes a Declaration of Dedication from Walter E. and Wilma Payne. MOTION: COMMISSIONER SHEPARD moved to approve MP-79-228 and to accept the accompanying Declaration of Dedication. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. MJP-79-45, Richard Cramer, applicant. This parcel is located off of Highway 97 and was approved under the old A-1 zone. MOTION: COMMISSIONER SHEPARD moved to approve MJP-79-45. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. MP-80-14, Connie Hyatt, applicant. This parcel is zoned EFU-20. The parcel is 80 acres in size and applicant wishes to split into two 40 acre parcels. MOTION: COMMISSIONER SHEPARD moved to approve MP-80-14. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. -MP-78-133, Leroy Bennett, of Dedication. MOTION: COMMISSIONER accompanying COMMISSIONER VOTE COMMISSIONER ACTING CHAIR] applicant. This partition includes a Declaration SHEPARD-moved to approve MP-78-133 and the Declaration of Dedication. PAULSON: Second. SHEPARD: AYE. 4AN PAULSON: AYE. The next discussion was with John Glover regarding the proposed DEQ Rules for Deschutes County. John began by relating that the purpose of the new rules is to restore and maintain the quality of water in the County and to protect the general welfare of the public in the State of Oregon. John stated that the, biggest impact for the County will be in LaPine. There is presently a water study being conducted in the LaPine area, which will probably not be completed until after the new rules are adopted. This will greatly affect the study results and maybe alter some areas of the study. John also presented some changes which will be initiated in the Bend area concerning water tables and linear footage. John stated that a big impact in the Bend area will be the cost, especially where a specific lot size requirement is provided for. Those rules will make changes on drainfield systems and water table sizes. There will be a hearing on Thuraday, November 20, 1980, at 10:00 a.m. on the Rule Changes for D.E.Q. John stated that the Sanitation Department will be making some recommendations to the D.E.Q. on the amendment. At this time, the Commission gave several people the opportunity to comment on these rules. Ms. Kay Nelson, of LaPine, Oregon, stated that this could be a problem to those who come in and get a septic permit before the rule change are made, but have not actually put the system in when the changes are made. Kay also distributed a page of written testimony to the Commissioners for their information. Mr. Mike Kment of Central Oregon Builders Association stated that COBA appreciates the cooperation and help from John Glover and the Sanitation Department and would like to request the Board to submit testimony and recommendation through the Sanitation Department. He stated that this helped in the instance of the capping fills and felt the Commission could have some impact on this situation. Mike stated that he felt there were several problems that..could be severe. The first problem related by Mike Kment was that the procedure of the administrative rule changes does not provide for any answers to some economic impacts. Another problem is that a number of areas where additional costs will add in either direct fees or relating to requirements. Mike stated that the most severe impact is that there are many people owning land in the County who are not ready to build at this time. He feels this will wipe out the investment of a great number of people in this area. Kay Nelson again spoke stating that many people have been misled regarding the new rules and don't realize that it will create problems for some land owners. She stated that this was due to a notice published in the Frontier which included a statement which indicated that there would be no mpact upon anyone in the County. Kay feels that the public will not have any chance to learn before the hearing tomorrow about the true facts of these rules. The discussion was closed with John Glover stating that he will be attending the hearing and presenting testimony against some of these proposals. The next discussion was regarding the extension of minor partition MP-79-173, Mick Tye was present to make his request for Earl Hannon, applicant. Mick stated that basically the reason why the partition was never completed was that it had been submitted and the access permit also submitted back in November of 1979. He stated that it had layed in the Road Department somewhere for some time and did not realize the State Highway Department had issued the access permit. All conditions have been met except the feasibility study and Mick stated he has the check to pay for the fee for the study at this time. The expiration date on this partition was October 4, 1980. Commissioner Paulson asked Mr. Tye why he did not request wan extension prior to the expiration of the partition. Rick Isham, legal counsel stated that there is no provision for an extension after the parti,ti.on has expired. Commissioner Paulson stated that he didn't feel that an extension should be granted due to the fact that the ordinance does not provide for any extension after expiration. Rick Isham stated that the only extension approvals made prior to this partition were if the applicant had some proof that the conditions were met and that the County had been at fault for the expiration. In this event the Commission found facts that the partition was legal prior to the expiration date. Commissioner Paulson stated that the Board does not have the authority to extend this partition. Commissioner Shepard stated that he would be in favor of the extension if the request had been made prior to the expira- tion of the partition. It was the concensus of the Board that Mick Tye proceed as he see best and that an extension not be granted. For signature was Order #80-234 approving the temporary use permit for a single wide mobile home for Judy Dillman, approved by the Board earlier this week. MOTION: COMMISSIONER SHEPARD moved to approve Order #80-234. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. Neil Hudson commented on a memo to the Board regarding improvements for roads in the Sundance East I, II, and III areas. Neil has requested the Board to authorize him to send letters to these lot owners informing them of the improvements and notifying them that they may choose to send letters of remonstrance. Commissioner Paulson stated that he'owns one of these lots but doe.s not feel that it will have any impact on any decision he will make. MOTION: COMMISSIONER SHEPARD moved to authorize Neil Hudson to send these letters to the people listed on the memo to the Commissioners notifying the lot owners of Sundance East I, II, and III of the road improvements. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. COMMISSIONER PAULSON: AYE. Neil Hudson also presented a Dedication from the Garske's which was part of the right-of-way dedication for Densor Road, which Rick Isham has been negotiating. MOTION: COMMISSIONER SHEPARD moved to approve this Dedication. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. For signature was PP#574, replat of Sunshine Addition. MOTION: COMMISSIONER SHEPARD moved to approve PP#574, Sunshine Addition. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: ;AYE. ACTING CHAIRMAN PAULSON: AYE. Commissioner Paulson stated that someone has suggested that the County consider taking some County land in the Sisters area which has a fair amount of timber in a wildlife area and harvest some of the timber and investigate a trade with the Forest Service. The trade could be for some land onwed by the Forest Service on Century Drive with aggregate on it which could be made into a pit and aggregate mined and sold as revenue. Neil Hudson stated that he was interested in this possibility. ' There was question as to who would retain proceeds from the timber harvest sale. This matter will be considered and further investigated. For signature was MJP-79-13 with a Declaration of Dedication included. MOTION: C014MISSIONER SHEPARD moved to approve MJP-79-13 and to accept the accompanying Declaration of Dedication. ACTING CHAIRMAN PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. Also for signature was PP#451, Equestrian Meadows, Phase II. MOTION: COMMISSIONER SHEPARD moved to approve PP#451. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. PP#326, Meadowcrest Acres was submitted for signature. MOTION: COMMISSIONER SHEPARD moved to approve PP#326. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: AYE. ACTING CHAIRMAN PAULSON: AYE. Being no further business, the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS /tr 4 (Absent) ALBERT A. YOUNG, CHAIRMAN