2017-24-Minutes for Meeting November 10,1982 Recorded 2/23/2017DESCHUTES COUNTY OFFICIAL RECORDS CJ 2017.24
NANCY BLANKENSHIP, COUNTY CLERK d G
COMMISSIONERS' JOURNAL 02/23/2017 09:37:37 AM
11.11111-111111111
MU
Deschutes County Board of Commissioners
Bend, Oregon
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Audio Cassette Recording Titled: Regular Board Meeting
Dated as: November 10, 1982, 3:50 - 5:10 PM
A meeting of the Board of County Commissioners was held on November 10,
1982. Commissioners present were Albert Young, Robert Paulsen, and Clay
Shepard. Also present were Rick (sham, County Counsel, County Administrator
Mike Maier; and several other people including Don Hall, attorney Shawna
Sherwood, Commissioner -elect Larry Tuttle, Richard Miller and Neil Hudson.
Mr. (sham said that Richard Miller is an attorney retained by Deschutes County
regarding the termination of Don Hall. Mr. Hall was notified through his attorney
(also present, from Portland) about eliminating equipment mechanic position #2,
and Mr. Hall selected to be laid off. Shawna Sherwood is representing Don Hall.
Mr. Paulsen asked that they amend the agenda regarding the Fuqua Homes and
Kim Ward item, and talk about this later.
Item #5 is in regard to the elimination of mechanic positions. Mr. Miller said he
had prepared a written paper regarding the purpose of the meeting. The Board
is to determine whether to hear the matter regarding the layoff. If this is yes,
then whether to eliminate the position, the selection of Mr. Hall as the one to be
laid off, and whether a third party should hear either of these.
Transcript of Audio Recording of Board Business Meeting of November 10, 1982 Page 1 of 5
Mr. Miller gave a long explanation of the history of the issue. Ms. Sherwood said
she is concerned about some of the aspects. Mr. Hall was terminated twice by
the County but after both of those events, was returned to work. A layoff should
be made only in certain situations and not be used as disciplinary action or as a
way to get around discipline. The Board took the ultimate act of eliminating the
position, so they would have to be called as witnesses in this situation. Also,
whether Mr. Hall is the appropriate person to be eliminated is an issue. The
Board can decide to have someone else make the decision, or wait until the two
new Commissioners come in, since they were not involved.
Mr. Shepard said the Board would not object to having the new Board decide
whether Mr. Hall is the person to be laid off. They continue to resist any hearing
regarding the elimination of the position. However, the new Board can hear this
if they so choose.
Mr. Paulsen noted that Commissioner Young will still be here and asked if he
would be called as a witness. Ms. Sherwood replied that she thinks Mr. Young
made his feelings known already, so she is not sure about this.
Rick (sham stated that eliminating the position was a legislative decision and is
not suitable to hear. However, they will be ready to deal with it if it goes that
way. Budget decisions are made by the Budget Board and changes can only be
made within 60 days afterwards, if challenged. It would have to be considered
through the supplemental budget process.
A long repetitive discussion then took place.
Mr. Shepard said they should ignore the whole thing and let it go to court. Mr.
Young noted that he would be challenged as being biased. He chooses to ignore
it also. Mr. Paulsen said he would defer to the next Commission.
Mr. Miller said he would not object to the question of whether there will be any
hearing and on what basis, and postponing it. The Board has discretion. He is
ready now and will be ready later.
Ms. Sherwood said she needs a decision by an impartial body. They will take their
chances with this.
Transcript of Audio Recording of Board Business Meeting of November 10, 1982 Page 2 of 5
Mr. Paulsen moved that they won't set a specific date, and will leave it up to the
new Board. Mr. Shepard seconded.
Mr. Young added that he wants to see this settled by going to the Courts. It could
go on for years.
VOTE: Paulsen, aye. Shepard, aye. Young, no.
Mr. Shepard said they needed to discuss the Kim Ward and Fuqua Homes
situation. Neil Hudson said there was a memo provided to the Board. Kim Ward
has a concern about them being a commercial user. They dump at the landfill
about four times a week and need access. He suggested that they grant a license
at $1,000 a month to use the landfill on an unlimited basis. They are already
paying $900 a month. However, the Solid Waste Advisory Committee said Kim
Ward and the Inn of 7th Mountain use compactor trucks, and Mr. Ward said the
other franchise haulers are getting a discount. A consultant is reviewing this
situation and can come up with recommendations on the whole issue within a
couple of months.
A motion was made to move approval, provided this complies with the law. The
vote was unanimous.
The Board discussed a fee waiver for type 2 subdivisions. Neil Hudson explained
that this can be simply approved by the Board. The fee is the same as for a
subdivision, except the type 2 type is similar to a partition process. He proposes a
separate fee for this. Earl Nichols is requesting that the fee be less. He doesn't
want to wait until it goes through all the process for fees.
Mr. Shepard said he is not willing to do this without further review, since it needs
to be for all type 2 subdivisions. Mr. Hudson stated that they are looking at a
variety of fees that need to be established or adjusted.
Transcript of Audio Recording of Board Business Meeting of November 10, 1982 Page 3 of 5
Mr. Young said that it is basically a lot line division, since they are not creating any
streets. Mr. Hudson added that it is fairly simple. It would mean a cost of about
$190 instead of $300.
There was a question from the Board regarding special treatment. Mr. Hudson
stated that others have had the same concerns, but this is the first time someone
has asked. (There was then a long, drawn-out discussion about setting policy.)
No action was taken.
An economic development grant agreement was discussed. Someone asked if
they had spoken with Charlie Hemphill. Mr. (sham said that there was no concern
about the document. Mike Maier was going to talk to him about it but hasn't yet.
Mr. Paulsen suggested a bi-monthly report from the economic development grant
committee. Mr. Shepard said he doesn't feel it is necessary. They can instead
send copies of their meeting minutes. No action was taken.
Mr. Shepard said the next item is a request for a refund from Bob Lovlien
regarding filing fees of $250, for David Buckman who withdrew an application.
This was unanimously approved.
Mr. Shepard said there is an issue between the City of Bend and the County
regarding inspection fees for sewer hookups that are within the district but
outside the city. The City does all inspections, then the County does the same
thing. The City's is more inclusive. This appears to be double -charging the
owners an additional $15. This has been discussed with the Building Department
but they came to no conclusion. Supposedly the County is required by law to do
this. Maybe they can contract with the City to do the whole inspection.
Mr. (sham said the inspection is under building code. They have sewer people
inspecting the sewer connection but the County may not have someone who is
Transcript of Audio Recording of Board Business Meeting of November 10, 1982 Page 4 of 5
qualified for this. It is the same if the County has to do it because of certificates.
Mr. Paulsen would like to see this resolved as well. Mr. Isham noted that this is
only for new construction. Maybe they need to figure out a way to contract with
City somehow.
Mr. (sham stated that he received a notice of default on North Pacific Pipe. He
has not yet been able to get in touch with them in Portland. Deschutes County is
the issuer for the pollution control bond in 1978. He then explained the issue in
detail.
The Board was reminded of an upcoming Board of Equalization meeting.
The meeting then adjourned.
I certify that the above is a true and accurate record of meeting, as reproduced from a cassette
tape identified as Minutes of Business Meeting of the Deschutes County Board of
Commissioners, held on November 10, 1982. This record was completed subsequent to the
presiding Deschutes County Board of Commissioners' tenure.
Bonnie Baker
For the Board of County Commissioners
Transcript of Audio Recording of Board Business Meeting of November 10, 1982 Page 5 of 5