1987-10440-Minutes for Meeting May 26,1987 Recorded 5/27/1987r
4
WORK SESSION MINUTES
KEYPUNCt*O VOL
MAY 2$ 19 7 DESCHUTES COU 26ARD OF COMMISSIONERS
~Y
8'7-10,740
Chair Prante called the meeting to order at 10:04
members in attendance were Lois Bristow Prante, Tom
Dick Maudlin. Also present were Richard Isham,
Counsel, and Karen Green, Assistant Legal Counsel.
1. BOARD'S DECISION ON AP-87-5
83PAGE 1.9
a. m. Board
m Throop, andz
County Legal
MOTION: Commissioner Throop moved to uphold the
Deschutes County Hearings Officer's decision to approve
the request by Capps Broadcasting, dba KGRL, for a site
plan to place four radio towers in an EFU-20, Exclusive
Farm Use zone, with the exclusion of Finding 3(b) under
"Procedural Issues" of the Hearings Officer's finding
and decision. This item suggested that ORS 215.283
applied to this application because the County had not
amended any ordinances to provide for designation of
marginal lands. Commisssioner Throop felt that the
County did not have the option to choose which criteria
to apply from the State Statutes. Commissioner Maudlin
seconded this motion.
Upon discussion, Commissioner Prante asked Capps
Broadcasting to make every possible effort to resolve
interference problems and to head some sort of effort
to inform the public as to who to contact for radio
interference problems. Commissioner Prante also stated
that she had a list of people who have been having
interference problems, and asked the representatives
from Capps Broadcasting to check into them.
Commissioner Throop addressed the three procedural
issues that had been raised at the public hearing.
' yam: In regard to the reopening of the hearing, he
felt this had been appropriately handled.
Since there was a revision to the site plan,
the hearings officer had done the appropriate
and fair thing by reopening the hearing to
C"I give all parties a chance to comment on the
ter revised site plan.
r r Commissioner Throop also stated that the
manager of Central Oregon Irrigation District
did had been delegated the authority to sign
for leases and contracts.
f.
BOARD WORK SESSION MINUTES - 5/26/87
PAGE -2- VOL OJPAGE
In regard to the confusion over ORS 215.213,
215.238, and 215.438, Commissioner Throop
stated that the provisions of PL-15 allowed
transmission towers over 200 feet subject to
site plan review, therefore, this use would
be valid under any of the three statutes.
Commissioner Throop continued by saying that conflict
resolution was very important and that it was clearly
the Board's decision to resolve interference and any
impacts associated with it. On the matter of alternate
sites, Commissioner Throop stated that this was not
applicable and that the burden upon the applicant was
to attempt to minimize the adverse impacts to the
greatest degree possible.
Commissioner Prante also stated that the Board was
interested in whether all possible avenues of the
siting had been explored, however, realized that that
was not an issue they could legally deal with in the
matter of this application.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
DESC TES COU =BOARD MMISSIONERS
Lois Bri tow Prante, Chair
Tom Throop, Commissioner
Dick Maudlin, Commissioner
BOCC/slc