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44-340-Minutes for Meeting October 12,1982 Recorded 10/26/1982VOL 44 FAf- 3 F I L E D DESCHUTES COUNTY BOARD OF COMMISSIONERS OCT 2 s 1982 OCTOBER 12, 1982 - REGULAR MEETING ROSEMARY PATTERSON DESCHUTES COUNTY CLERK Chairman Shepard called the meeting to order at 10:00 A.M. Commission- er Paulson and Commissioner Young were also present. Amendments to There were four amendments listed on the sheet attached the Agenda to the agenda. In addition, Commissioner Paulson asked that a Discussion regarding Resignation of Hearings Officer be added to the agenda. Chairman Shepard amended the agenda to include these items. Acceptance of Chairman Shepard stated that the Board had received a Hearings Offi- letter from Myer Avedovech, County Hearings officer, cer's Resigna- stating that he is resigning from his position with the tion County in order that he can go into private practice with another Bend attorney. Chairman Shepard stated that they accept his resignation with a great deal of reluctance, noting that Mr. Avedovech has worked very hard in implementing the land use plan in Deschutes County. He conveyed the Board's best wishes. Discussion re- Chairman Shepard briefly outlined the events that had garding ERB occurred in the course of the recent representation Election election conducted by the Employment Relations Board, reiterating that 70 ballots had been discovered missing at the time of the counting of the ballots and that a thorough investigation by the Attorney General has been requested. Bruce Bischof, attorney representing Deschutes County in this matter, explained that the day before at 9:00 A.M. he had a conference call with representatives of the union and representatives of the Employment Relations Board (ERB). At that time it was requested that the County consent to hold another election on October 27, 1982. There would be no mailed ballots and they would not have to transport the ballot box to Salem. At that time Mr. Bischof advised them that until consultation with the Board of Commissioners they were not in a position to grant this request. Mr. Bischof then briefly outlined the process by which the election occurs, outlining notification procedures, etc. He stated that if the parties do not agree to a consent election (as had been the case with the first election) then a hearing can be called for and an election can be held by Court order. He stated that it would appear that the County would not want to hold another consent election until the investigation of the first election was completed. He had been advised by the union and ERB that they would go about obtaining a court order to get the county to hold another election. It was their contention that because Deschutes County had originally OCTOBER 12, 1982 MINUTES: PAGE 1 . VUL 44 .Y signed a consent agreement to hold an election, the county is still bound to conduct another election by virtue of that agreement. However, it was noted that when Mike Maier was in Salem during the election tally, they had requested him to sign an additional consent agreement for another election at that time. Mr. Bischof advised them that under no circumstance could the former consent agreement bind the county to an election on October 27. Mr. Bischof stated that the petition (to conduct the election) is still binding and the first election notice should be posted, but the second notice which gives the time, date, place and sample ballot should not be posted at this time. If Deschutes County choses not to hold an election on October 27 then ERB would have to obtain a circuit court order in Deschutes County. At the close of the telephone conference, Mr. Bischof indicated to Mr. Lankford at ERB that he would get back to him after consulting with the Board. Commissioner Young stated that as far as he is concerned the employees are entitled to a fair election, and they did not get one. He felt that an investigation was in order and that he would have no confidence in the ability of the same people to hold the same election. He stated that he would not be willing to sign a consent form until the A.G.'s investigation were complete. Commissioner Paulson also did not feel that another election should be conducted until the investigation were to be completed. Chairman Shepard stated that it would be absurd to presume that the county would hold another election until the first one was investigated. MOTION: YOUNG moved that the Board of Commissioners do not sign any consent for another union election until such time as all investigations in progress or pending have been completed. PAULSON: Second. It was noted that the elected representatives who are requesting the Attorney General investigate this are Senator Heard, Senator Jurnstead and Representative Bellamy. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Craig Smith, Planning Department, explained that Mr. garding Fee Peterman was asking for a fee waiver on his appeal of Waiver for the Butler Plat decision. This had been an administra- Butler Plat tive decision, approved with certain conditions. Mr. Peterman wishes to appeal the decision to the Hearings Officer so that a hearing will be held, as he is in opposition to the a road within the subdivision. This fee is $250. OCTOBER 12, 1982 MINUTES: PAGE 2 viz 44, figs Mr. Peterman stated that he is requesting that this fee be waived because he had misunderstood the hearing process. He stated that he contacted Mr. Smith who referred him to the Public Works Department. He stated that he then contacted Neil Hudson who advised him that he should wait until the final date and then file an appeal. He stated that he later learned that he should have filed a remonstrance before that final date and that the appeal had a fee of $250. There was further discussion in relation to why he was appealing this decision. He stated that he had been mislead and had misunderstood and that is the reason for the waiver request. Terry Blackwell, speaking of behalf of Mr. Cal Butler, stated that they had proceeded based on their under- standing of the planning process and that there is currently a sale pending, and that this appeal would impede that sale. He stated that the time limit for the appeal has passed, and based on that he did not think that the Board should allow an appeal. Mr. Smith stated that the appeal had been filed on the last day that an appeal could be filed, and at that time requested that the fee be waived, so Mr. Smith placed it on the Board's agenda. Dolo Cutter, Town and Country Realty, stated that she represents the Hoppers', who are the prospective buyers of this property. She stated that she did not think that this was a legal appeal since the fee had not been paid at the time the appeal was filed. Rick Isham, County Counsel, stated that the Board could not determine its legality, that would have to be determined by the Hearings Officer. He suggested that she raise that question at the beginning of the appeal hearing. There was much further general discussion with respect to how this appeal had come about, and the procedure. MOTION: PAULSON moved that the Board not grant the fee waiver in regard to the Butler Plat appeal. SHEPARD: Seco nd. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: PAULSON moved that the $250 appeal fee be paid today by 5:00 P.M. if this appeal action is to be set f or hearing. YOUNG: Second . VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. OCTOBER 12, 1982 MINUTES: PAGE 3 Z YOU L 4 x 1: Y t'~•. Discussion & Dave Hoerning, County Surveryor-Engineer, stated that signature of the developers have formed an LID and these roads have Lower Bridge been accepted as County roads. Part of the road used Estates BLM was a BLM road which they obtained a permit to use. Right of Way Then now need to obtain a right of way across the BLM Permit road, so BLM has decided to turn this road over to the County. Mr. Hoerning recommended that the Board accept the road so that there is consistency in their road system. BLM is granting this right of way with no fee. He explained that the preliminary plat showed this road as being completely on their property, but they found that it would be impossible to construct the road entirely on their property, so they obtained a permit from BLM for this right of way. BLM is now granting this right of way to the county. MOTION: PAULSON moved that the Board sign the assign- ment form from BLM for this right of way. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: PAULSON moved to authorize the Chairman to sign and date this document on the Board's behalf. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Selection of Commissioner Paulson stated that he and John Andersen, Contractor for Planning Director, had gone through the four submissions Continuation they had received in reponse to applying for this con- of COPE Pro- tract. They agreed that the contract should be awarded ject to Conservation Management Services, Inc. for a number of reasons which he outlined. The members of Conser- vation Management Services, Inc. are Mike McKeever, Carol Wells-Connell and Philip Yeats, a Portland attorney. MOTION: PAULSON moved that the Board award the con- tract for the continuation of the COPE project to Conservation Management Services, Inc. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Declaration Mr. Hoerning explained that this was of Dedication demo dump site. The total amount is that they have to extend 17th Street so that they have a place to run the Declaration of Dedication before the purpose. the water agreement $4,000. He said to Simpson Avenue water line. The Board was for that OCTOBER 12, 1982 MINUTES: PAGE 4 Y~I 44 F.;'Tr ahl MOTION: PAULSON moved to approve the Declaration of Dedication and the accompanying Acceptance of Dedication. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Mr. Isham said that this was a requirement of the conditional use application. Orders #82- MOTION: YOUNG moved that the orders be approved. 341 - 347 in PAULSON: Second. the Matter of VOTE: SHEPARD: AYE. Refund of PAULSON: AYE. Taxes YOUNG: AYE. OLCC License Before the Board was an OLCC Liquor License application Application for The Brand Restaurant in Redmond. The Sheriff had approved the application and the filing fee had been paid. MOTION: YOUNG moved to approve. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Commissioner Paulson stated that he would like Mr. Ave- garding Resig- dovech to prepare a proposal for contracting with the nation of county to conduct hearings. He stated that the Board Hearings Offi- should wait to take any action in this matter until the cer outcome of Ballot Measure #3 is known. He suggested that they combine the Hearings Officer position with that of an Administrative Law Judge. Chairman Shepard felt that the Board should be completely prepared for the event of hiring a new Hearings Officer prior to the election, and if #3 is not successful, then they could begin immediately the hiring process for this position. There was much further discussion in regard to all of the variable factors that could affect this position and how the Board should anticipate those and try to work around them. It was determined that Mr. Avedovech will be asked to prepare a proposal for contracting hearings in the interim between the time of his resignation and the possible hiring of a new Hearings Officer. Commis- sioner stated that it was his opinion that the hearings should be conducted by the Planning Commission. Chairman Shepard felt that they should have the job description worked out prior to the November elections and preparations should be made to immediately begin the hiring process after the election. OCTOBER 12, 1982 MINUTES: PAGE 5 Being no further business at hand, Chairman Shepard recessed the meet- ing until the next day at 10:00 A.M. DESCHUTES COUNTY BOARD COMMISSIONERS CLAY =EPARD, C MAN ROBERT C. PAULSON, JR., COMMI ONE t AL A. ffNG, ISSI /ss OCTOBER 12, 1982 MINUTES: PAGE 6