7/14/1987 - Laserfiche WebLink

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Commissioner Bowman felt they have had two notices already, but Franchise Manager Abernethy pointed out that public hearings are required. Attorney Vitunac noted that the notice of today's public hearing stated that we would consider extension of the franchise; we did not put them on notice that we would consider termination of the franchise. The Chairman opened the public hearing and asked if anyone present wished to speak. Attorney William Sundstrom, came before the Board represent- ing Bent Pine Utility Company, and advised that Vice President Gerald Chancellor was present also. Attorney Sundstrom stated that they did not have any notice that they would be here answering charges today, and he did not feel it is appropriate. This is a matter of litigation, but there are some things he would like to answer in general. Chairman Scurlock asked if Attorney Sundstrom was familiar with Special Act, CH.59-1380, §5, which is where this county gets the authority to.regulate the utility, and Attorney Sundstrom stated that he and his firm represent many privately held utility companies around the state and he does understand the generic law, but he is not familiar enough with this particular Special Act to discuss it at this point. Chairman Scurlock emphasized that this county operates under that Special Act, and all the routine we follow is set out in it. Attorney Sundstrom stated that he has read the Act and he wished to comment that whatever the county does, whatever ordinance they pass, any act of the state Legislature or of the U.S. Congress - all of that is subject to the Constitution of the United States, and what makes our country different than others is that we have a right to defend and protect property. His client has 1.2 million dollars invested in this utility, and it appears to his client that staff is trying to foster upon them a document that constitutes a taking. This may be an unfortunate )JUL 14,1987 49 BOOK 68) FAGS 801