2007-840-Minutes for Meeting October 01,1979 Recorded 6/19/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKOS CSI ?001.640
COMMISSIONERS' JOURNAL 06/19/2007 11;21;01 AM
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200 -840
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BOARD OF COUNTY COMMISSIONERS
October 1, 1979 - Hearing on Sunrise Village
The meeting was called to order by Chairman Shepard at 2:10 p.m. with all three
Commissioners present and the following: Bob Lovlien, attorney for Sunrise
Village; Tim Ward, representative from Mammoth Lake; Ron Marceau, Bend city attorney;
and Lou Dvorak, County Counsel. Chairman Shepard addressed the meeting to
Bob Lovlien as Mr. Lovlien was to do some research regarding this meeting.
Mr. Lovlien said he has researched the law of annexation in regard to this situation
but as far as he can tell there isn't any case law for annexation. He
addressed some statutes for the Board's review and discussed them. Chairman
Shepard asked City Attorney Ron Marceau that at the last meeting he had taken
the stand that if Sunrise Village were not to expand then the city would in no:
way be threatened by the sanitary district. Mr. Marceau said that he would take
the same position now. Mr. Marceau went even;`further to say that possibly a
restriction could be put upon the district so that they would be sure to protect
themselves as to the legality of the formation. Mr. Ward said that there would
be no problem; he could write the restriction right into the agreement.
Commissioner Paulson asked Lou Dvorak about findings of fact. Mr. Dvorak recom-
mended that the Board asked Mr. Lovlien to present some findings of fact
and then make their decision instead of making their decision before findings of
fact are adopted. Mr. Marceau brought up the,.matter of phase II. It was dis-
cussed at an earlier meeting that Sunrise Village would be cut out of Phase II
completely to insure the city further. Mr. Ward said that in the findings it can
be written in to exclude itself from Phase II. Commissioner Young moved to
approve the formation of the sanitary district and that Mr. Lovlien of Gray
Fancher, Holmes, and Hurley present the Board of County Commissioners with
findings of fact to substantiate its decision. Commissioner Paulson said that
he would second_ Commissioner Young's motion if it had these three provisions
in it: 1) an agreement would be written between the city and Sunrise Village as
to the extent that Sunrise would grow; 2) that the boundary be changed to exclude
it from Phase II; 3) that one party or the other prepare findings of fact.
After discussion, Mr. Young withdrew his previous motion and made a new one.
His new motion was as follows: Sunrise Village provide the Board of County
Commissioners with findings of fact to substantiate their request for formation
of a sanitary district with the provisions that there will be no annexation;
they would be withdrawn from the Phase II boundary and a management agreement
will be entered into between the city and Sunrise Village. Commissioner Paulson
seconded the motion. Commissioner Young--aye. Commissioner Paulson--aye.
Chairman Shepard--aye. Motion carried.
There being no further business, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
V,. 41 / ~ ~ el,! 2~~
CLA C. SHEPA , Chairman ALBERT A. YOUNG, rission
ROBERT C. AULSON, R., Commissio
/jo
BOARD OF COUNTY COMMISSIONERS
October 1, 1979 - DAILY MINUTES
Chairman Paulson opened the meeting of October 1, 1979 at 10:07 a.m. in the
Commission Conference Room. Commissioner Young and Cha~irman Paulson were
present. Chairman Paulson stated that there was only °nthingA. on the agenda this
morning which was the appeal of Starwood, Tom Pickett applicant. A letter
had been received from Paul Speck requesting a continuance, without a specified
date. Commissioner Young moved to continue the appeal to a future date.
Chairman Paulson seconded the motion. Commissioner Young--aye. Chairman Paulson--
aye. Motion was carried.
There being no further business this day, the meeting was adjourned.
BOARD OF COUNTY COMMISSIONERS
a^2 J -OM',
CLAY C. SHEPARD, Ch Airman
ROBERT C. PAULSON, JR., Commissioner `
a VT A. YOUNG, Co ssioner
/jo