Loading...
1988-29259-Minutes for Meeting December 06,1988 Recorded 12/19/1988I u 88-2924✓ 0095 0061 EXCERPT OF MINUTES FROM SURFACE MINING INVENTORY PUBLIC HEARING rr i is 53 DECEMBER 6, 1988 .f Chairman Maudlin closed the public hearing. Green: Mr. Chair if I could make a couple of recommendations to you? On the request for postponement, it would be my recommendation that you deny that request primarily because Mr. Sullivan, I think, has ably presented his client's position in the record. You have a considerable amount of material which I summarized in the memoranda from Mr. Sullivan. Ms. Wegner and I have summarized what Mr. Sullivan said today on the telephone, and I think probably would have said had he been at the hearing. If he and his clients wish to pursue this further, that's certainly their option, but I don't think that postponing it further is necessary at this point. With respect to the Rose site, as I said, you need to make a finding that weighing, considering all of the evidence, and weighing it, in your opinion the evidence is sufficient to place it on the inventory as a significant resource. Having made that finding, you should entertain a motion to adopt the ordinance adopting the inventory. Maudlin: I agree, I don't think a postponement and having Ed come back up here again would be of any validity to us because basically unless he has gone to your expense of going out and actually having a geologist do the digging and the testing to prove inconvertibly that there is no resource there, I think we have no option but to include it on and to continue the process. Prante: I feel a little more comfortable after Karen had talked with Terry [sic] Sullivan this morning, that we do have that information. Throop: Mr. Chair, with that I'll move the staff recommendation with the exception of the Rose site and move that that be placed on the inventory so that issue can be confronted in the time frame along with the rest of the sites. Maudlin: Prior to adoption, we need to make a specific finding on the Rose site, and I think that finding should be along the lines that the fact that there is conflicting testimony as to quality and quantity, the Board of Commissioners finds that this has been an ongoing question both pro and con and that rather than place the site on the ongoing problem, i.e. system 1(b), place it on the inventory at this time so that the process can be cleared. You can write it better than I said it. Green: That finding that you just supplemented with a specific finding sufficient to place it on the inventory. SURFACE MINING INVENTORY - PAGE%l read would need to be that the evidence is 00 95 0062 Maudlin: OK. Throop: That's certainly inherent in the motion. Maudlin: Right. I think that since I have a little trouble with wherefore, whereas, I don't really like to write these things so if that is understood among the commissioners. Prante: I believe it is. We are making the finding that there is disputed evidence but sufficient to include it on the inventory. We need to then attach to that specific finding that will be, or is that as specific as we need? Green: That's as specific as you need at this time. Prante: That was a motion. I'll make that as a motion. Maudlin: OK that is a motion on the finding. Is there further discussion? Throop: I'll second the motion on the finding. Do we actually adopt the finding in advance? Green: You could just do it verbally at this time. Maudlin: We don't need a motion on it, we can just adopt that finding. Having done so, I would entertain a motion to adopt Ordinance No. 88-039. Prante: I would move first and second reading by title only. Green: It does have an emergency clause. Throop: Let's see, how is it written? Green: The ordinance has three sections. The first section adopts the notebooks and reflects that the original notebooks will be on file with the County Clerk, and it adopts by reference those notebooks. The second section adopts as the findings in support of adoption of the inventory, all of the documents that are in that last group of sections in the notebooks. The third section is the emergency clause. Throop: So I guess the question I really meant to center in on, your recommendation to the Board was that we have two 1(b) sites. The motion is a single 1(b) site. So the way you've prepared the ordinance and the supporting document is to reflect the single 1(b) site. Green: Yes, I'm sorry I should have clarified that. The 1(b) list in the inventory to be adopted includes only one site. It does SURFACE MINING INVENTORY - PAGE 2 I 0095 OP-63 not include the Rose site. So it is ready to be adopted consistent with your findings this morning. Throop: OK, second the motion. Maudlin: Is there further discussion? Prante: Question. Maudlin: Question has been called for. Commissioner Prante? Prante: Aye Maudlin: Commissioner Throop? Throop: Aye Maudlin: Chairman votes aye. So ordered. This is the first reading of Ordinance No. 88-039 (read title of ordinance). This is the second reading of Ordinance No. 88-039 (read title of ordinance). Throop: Move adoption. Prante: Second. Maudlin: Moved and seconded, further discussion? Throop: Question. Maudlin: Question has been called for. Commissioner Throop? Throop: Aye MAudlin: Commissioner Prante? Prante: Aye Maudlin: Chairman votes aye, so ordered. The original inventory will be on file with the County Clerk and copies of site and lists are available, I believe, through the planning department. Green: If anyone wants an actual full set of that they are also available too at cost. Did we ever find out what that would be per unit? It's probably going to be $25 or $30 I would guess per unit, somewhere in that neighborhood. But individual page copies can be made through the planning department. Throop: When can people begin to pick up either individual pages or the entire inventory. Smith: Today. SURFACE MINING INVENTORY - PAGE 3 0095 0064 Throop: So you'll have the cost? Smith: We'll have a copy available to look at and then they can start ordering today if they want copies. Maudlin: No further business, this hearing is adjourned. DESCHUTES COUNTY B OF COMMISSIONERS Lois i tow Prante, Commissioner I Tom Throop, ommissioner 1~ Dick Maudlin, Chairman BOCC:alb SURFACE MINING INVENTORY - PAGE 4