2007-827-Minutes for Meeting September 07,1979 Recorded 6/19/2007COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS Q 2007-827
COMMISSIONERS' JOURNAL 06/19/2007 11:20:05 AM
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BOARD OF COMMISSIONERS MEETING
September 7, 1979 - DAILY MINUTES
Chairman Shepard opened the meeting at 10:00 a.m. with all Commissioners present. He
welcomed the County's new Hearings Officer, Mr. Myer A vedovich. The first matter
this morning was that of Burning Tree Village plat within the City on 1700 Wells Acre
Road. After discussion with Mr. Pat Oliver, as to when the complexes were sold and
how they were constructed, Commissioner Young moved to approve the final plat for
Burning Tree. Commissioner Paulson seconded the motion. There being no further dis-
cussion of the matter, question was called for--Commissioner Young--aye; Commissioner
Paulson--aye; and Chairman Shepard--aye. Motion carried.
The next matter was the matter of Renwick acreswhich was not approved; the Commissioners
are waiting for surveyor signature and seal.
Commissioner Paulson picked up a Minor land partition that was leftover from the
September 6, 1979 meeting. After looking through the file, Commissioner Paulson moved
to approve file no. MP-79-106. Commissioner Young seconded the motion. Chairman
Shepard wanted to discuss the file as he had not yet had a chance to look it over.
After further discussion of the file, question was called for: Commissioner Young--aye,
Commissioner Paulson--aye, Chairman Shepard--aye. Motion carried.
Next on the agenda was discussion of Fees for Sanitation and County Clerk and COLEPA
Reverted Funds. After Mr Maier brougttforth-his presentation of Fee schedule increases.
Mr. Maier went through all of the changes and gave an example of last year's fees.
Commissioner Paulsor;moved to approve the fees as presented by the sanitation department.
Commissioner Young seconded. Discussion from Chairman Shepard wanting to make sure
everyone understood that the figures arrived at are estimates of what the costs can be.
They may be more or less. These figures do allow to have basic costs covered. There
being no further discussion on this matter, Commissioner Young moved to approve the fees.
Commissioner Paulson seconded. Commissioner Young voted aye. Commissioner Paulson
voted aye and Chairman Shepard voted aye. Motion carried. Commissioner Paulson moved
that the Board instruct the secretarial staff to prepare an ordinance establishing fees
as outlined on page four of the attached August 2, 1979 memo to the Board. Chairman
Shepard seconded the motion. There being no discussion question was called for by
Commissioner Paulson. Chairman Shepard seconded the motion. Commissioner Young--aye,
Commissioner Paulson--aye, Chairman Shepard--aye. Motion carried.
Chairman Shepard brought up a matter concerning a. refund order. It was discussed
slightly as to whether to sign the order. Chairman Shepard then signed the order,
passed it on to Commissioner Paulson and then to Commissioner Young.
Chairman Shepard then brought up another matter concerning Robert Lover and the
August 29, hearing about Mountain High with reference to the Mountain High Subdivision,
Legal File No. 0069, memorandum from Louis Dvorak. The hearing was discussed and
the motions were discussed. Chairman Shepard reminded the Board the Planning Commission
had 15 days to make their decision in which time they did not. Since they did
not, Chairman feels that the July 11, 1979 ordinance would still be in force. Dis-
cussion followed with Commissioners Young and Paulson. Commissioner Paulson did not
feel that they should discuss this matter without having Mr. Lovlien present. However,
Chairman Shepard felt they could discuss the matter withough Mr. Lovlien present as long
as they did not ask advice from counsel. Commissioner Paulson felt that the matter should
have a date set as to when Mr. Lovlien could be present to further discuss it.
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Commissioner Paulson.made the point that the opposing party should be told that the
Commission did discuss and would have a right to listen to the tape and Chairman
Shepard did agree. Commissioner Paulson made the suggestion that a hearing be held
as does agree with Counsel's written recommendation that the.Chairman.of>_the_Planning
Commission:.be.aware of-the-hearing-'and Mr.. Lovlien land his client and the Board.
Further discussion followed on the possibility of reopening the hearing. Commissioner
Paulson asked the Board to have the secretary put this matter on the agenda--to take
action-- motion was made that the secretary would put the matter on the agenda so that
the Board may take action on Lou Dvorak's memo to the Board of Commissioners. Unanimously
passed.
The subject of procedure of hearings was brought up as it was discussed yesterday by
Dan Van Vactor. The Commission has several ideas as to how they would like to hold
their hearings. Chairman Shepard made the comment that if the hearing were getting to
be out of hand, he would state the meeting adjourned until such time as the unruliness
was in control. Commissioner Young felt that all hearings be from 1-2 hours long.
(30 minutes to present the case, 15 minutes for each side to speak to it, and a re-
buttal from the evidence burdened party). All three Commissioners were for cutting the
hearing time down. Commissioner Young felt that a lot of the hearing is repetitious.
Commissioner Shepard pointed out that the point of having a hearing is to collect and
weigh information. Chairman Shepard also made the point that maybe the chairman at
that time should have something to say about how the hearing in being conducted (time-
wise and repetitious-wise). Lou Dvorak made the mention of how some hearings were held
at other places. Time used to show evidence, time used to argue and the different
cases. Commissioner Young mentioned a hearing schedule such as this:
One side makes it5statement and brings forth all of their evidence and exhibits etc.
The other side makes it5statement and brings forth all of their evidence and then
have time to argue rather than going back and forth with the arguing. Chairman
Shepard made the suggestion that at hearings the secretary should have slips of paper
for the people who are attending. For record purposes and for the Commissioners themselves.
Lou made the suggestion that inthe case that a hearing is closed due to unruliness,
people at the hearing should be given the chance to have their testimony heard and at the
time the hearing is closed the chair should tell all people who wish to, they may write
Commissioner Paulson brought up the matter of holding staff meetings regularly with each
of the County Departments on the first Tuesday of each month at 7:30 a.m., as was done
recently with Home Health. Discussion was had, and it was generally agreed to hold
such meetings, with the first department coming in to be the Building Department, on
September 25th, if possible. No motion was made to this effect, however.
Chairman Shepard brought up the matter of Ivan Block. Mr. Block has volunteered to act
as an Energy Advisor for the Board. Chairman Shepard thought that this should be dis-
cussed as a possibility. Commissioner Paulson feels that an advisor would be a good
thing for the County. Discussion followed that even he has ideas of course he would have
to follow through on them. Commissioner Paulson also felt that the County couldn't lose
having or not having an Energy Advisor since Mr. Block is willing to donate his time.
Chairman Shepard asked for the vote of the Board whether or not to ask Mr. Block to be
Energy Advisor. Commissioner Young thought that there would be nothing hurt by it.
Chairman Shepard made the suggestion that the energy committee and Mr. Block may get
together with ideas and follow through with them.
Mike Maier brought in the order for the sanitation department. Commissioner Paulson
moved to approve the order in relation to fees as previously presented by the
Sanitation department. Chairman Shepard seconded this. Commissioner Young voted aye.
Commissioner Paulson voted aye. Chairman.Shepard voted aye. Motion carried.
There being no further business this day, the meeting adjourned.
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BOARD OF COMMISSIONERS
CHAIRMAN
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CO ISSIONER
COMM SSIONER