2007-802-Minutes for Meeting May 15,1979 Recorded 6/19/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY
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COMMISSIONERS' JOURNAL 06/19/2007 11;15;50 AM
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BOARD OF COMMISSIONERS
May 15, 1979 - DAILY MINUTES
Chairman Shepard opened the meeting at 10:00 a.m. with all Commissioners present.
First item on the agenda was the site plan review on Starwood. Commissioner
Paulson read a statement for the record that made reference to his previous
involvement to the case to be heard and his capacity to hear it. He read his
statement into the record and stated the reasons he felt he had the capacity to
hear this case. Louis Dvorak, County Counsel, explained the reason for the
hearing today. Earlier, the Planning Commission granted a mobile home park located
in an A-1 zone. Louis said that Commissioner Young had voted against this proceeding.
at the May 1 meeting. This hearing will be continued under PL-9 in a manner prescribed
for appeals. He said that it was appropriate at this time to call for any challenges.
Brad Fancher, attorney for Tom Pickett, spoke. He said he had received a copy of
a letter from Paul Speck, attorney, requesting a continuance. Mr. Fancher said that
the letter does not state who Paul is representing, and he said he took the position
that because this proceeding here is an attempt to review the previous proceeding,
this proceeding can't have a higher or different proceeding than the Planning Commission.
There is no one that has standing or is a party to this proceeding other than the
applicant. Therefore, Mr. Fancher said he took the position that a request for a
continuance is out of order and should not be considered and this matter should proceed.
He went on to say that, in his opinion, the Commissioner's order of April 27 is invalid
under ORS 211.422; it says that the Planning Commission or governing body (Board of
Commissioners) may review matters decided by the Hearings Officer on your own motion.
It doesn't say that you can review matters of the Planning Commission, and it was his
position that the statute is the basis for the Board's authority. The Board's powers
are based on the legislature. At this point Mr. Pickett asked Louis Dvorak if he
didn't say that there would be no new testimony in this case, and Louis said that
he said there would be no new testimony but an argument is a different situation.
Scott La Francli.spoke next and said that he contended that anything that anything
Mr. Francher is saying today is invalid because when the site plan review was
brought before the Planning Commission the control of the matter was still in the
hands of the Hearings Officer. Mr. Venn had not yet made a decision on the matter
before it was brought to the Planning Commission. Mr. Fancher explained that there
were two separate matters here. The conditional use permit that Mr. Pickett obtained
gave him the right to construct a mobile home park and mcb ile subdivision, park,
and recreation area within the area. A mobile subdivision requires application
before the Hearings Officer, and a proposal was submitted to the Hearings Officer
for development in one particular area of this project of a mobile home subdivision.
At the same time, Mr. Pickett had contracted for preliminary work for the mobile
home park in a different area, and County procedures are such that this is handled
as a site plan review. This makes two separate issues, and we are here on the site
plan problem which is totally different than the subdivision problem before Mr. Venn.
County Counsel said that he felt it was open to question as to what a conditional
use permit was and the Board's first order of business was to decide whether or not
there should be a continuance. Commissioner Paulson said that it was his understanding
that the County Commission called this matter before them on their own motion, and
they have the legal right to ask any information about this case they feel would be
relevant.
BOARD OF COMMISSIONERS
May 15, 1979 - DAILY MINUTES
Page 2
Commissioner Young made a motion that the continuance be denied on the grounds
of no standing. Commissioner Paulson seconded it. Commissioner Young voted aye,
and Commissioner Paulson voted aye. Chairman Shepard voted NO. Motion was carried.
Brad Fancher again stated his objection to the order signed by the Board on April 27.
He went on to say that the site plan had been approved by the Planning Commission
on April 25, and the Procedural Ordinance was passed by the Board on April 27, which
would be "expo facto" and that would be unconstitutional. He said that the Board
should not be able to take testimony except for that which is concerning the record.
He said he would have to ask his client if he would like to continue. There was a
recess at 11:50 and the Board reconvened at 11:55. County Counsel was excused to
go to court. Brad Fancher said that they would not be willing to stipulate to the
taking of testimony. He said he felt it would be appropriate to dismiss the hearing
at this point. Commissioner Paulson made a motion to continue the hearing until
May 23 at 10:00 a.m. and he requested that County Counseland Mr. Fancher submit letters
to the Board of Commissioners supporting or refuting the position of Mr. Fancher in
terms of the ability of the Board to hear this matter based on ORS 215.422. Commissioner
Young called for a point of order saying that a motion to continue was made and carried
and he questioned that a motion to continue would be in order. Commissioner Paulson
explained that the previous motion was made on a letter from Paul Speck. He said he
felt there was grounds to continue this matter on the Commissioner's request.
Chairman Shepard seconded the motion on the floor. Commissioner Paulson voted aye,
Chairman Shepard voted aye, and Commissioner Young voted NO. Motion was carried.
Lucy was next and brought up the fact that the July 4th Courtday would be a holiday
this year and asked if we could change it legally to July 5. Commissioner Young made
a motion based on the legality of it, to set the first meeting in July for July 5.
Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson
voted aye, and Chairman Shepard voted aye. County Counsel will check to make sure
this is legal.
Next an order setting a hearing for the establihsment of the Hillman Sanitary District
in Terrebonne was presented. Since there is 100% ownership on the petition, there is
only one hearing required. Chairman Shepard read the order into the record.
Commissioner Paulson moved to approve the order setting the hearing for June 6 at
10:00 a.m. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner
Young voted aye, and Chairman Shepard voted aye.
County Counsel presented a Notice and Order to be signed by the Board and sent to
William S. Sutton for open cisterns on his property. The Board signed this and it
will now be sent to be served.
Commissioner Paulson made a motion to approve the agreement form to be used for all
special district in the County and sign it with today's date. Chairman Shepard seconded
it. Commissioner Young said that he was concerned with all the agreements we are
signing. He asked County Counsel just what the County would be obligated to. Louis
said the Board can't contract away its' right to govern. Carole Wells, Planning
Dept., explained that these agreements will provide a means by which the districts
can respond to LCDC during the comprehensive plan acknowledgment when it goes to
Salem. If the districts have not signed these agreements, then they will not have
any right to comment. The question was called for. Commissioner Young voted aye,
Commissioner Paulson voted aye, and Chairman Shepard voted aye.
BOARD OF COMMISSIONERS
May 15, 1979 - DAILY MINUTES
Page 3
Next on the agenda was a memorandum from Bill Monroe, Planning Director, asking
that they be allowed to have $100 in their petty cash fund. Commissioner Paulson
made a motion to approve this request and use that as a standardized amount.
Commissioner Young seconded it. Commissioner Young voted aye, Commissioner Paulson
voted aye, and Chairman Shepard voted aye.
Carole Wells brought in some of the special district agreements to be signed by
the Chairman. Chairman Shepard signed the agreements for Special Road District #6,
R.F.P.D. #2, Oregon Water Wonderland Sanitary District, Bend Metro Parks and Recreation
District, Lazy River South Special Road District, and LaPine R.F.P.D.
Next on the agenda was a refund from Helen Rastovich, Treasurer for overpayment
of $5.51 to H. Fuson. Chairman Shepard moved to approve the refund. Commissioner
Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye,
and Chairman Shepard voted aye.
Next were refunds of $144,00 to Howard Jarick, $17.55 to Henry Rogers, Jr., Robert
Swan $45.67, and Randy Raultys $15.00. Commissioner Young moved to approve these
refunds. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner
Paulson voted aye, and Chairman Shepard voted aye.
Minor partitions were next on the agenda. Commissioner Young moved to approve
MP-78-97. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner
Paulson voted aye, and Chairman Shepard voted aye. Next Commissioner Young moved for
approval of MP-79-58. Commissioner Paulson seconded it. Commissioner Young voted aye,
Commissioner Paulson voted aye, and Chairman Shepard voted aye. Commissioner Young
moved for approval of MP-79-17. Commissioner Paulson seconded it. Commissioner
Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye.
Commissioner Paulson brought up the Sisters Urban Area Comprehensive Plan and
proposed the County, Planning Commission, and Sisters County Commission meet on
July 18. The Commissioner agreed to that date. There was some discussion on the
parking facilities here and the Commissioners were going to have Jan ask the Sheriff
enforce parking rules and regulations. She will check into this further.
There being no further business this day, meeting was adjourned at 11:45 a.m.
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