1992-05033-Minutes for Meeting January 21,1992 Recorded 2/6/199292— 0!51083 0108 1210
MINUTES
PP&L APPEAL 92 FEB' _.6 PM 1: 39
DESCHUTES COUNTY BOARD OF COMMISSIONERSRy SUS Pc� N(1L( OW��'
JANUARY 21, 1992 COUNTY CLERK
Chairman Maudlin called the meeting to order at 1:30 p.m. Board
members in attendance were Dick Maudlin, Tom Throop and Nancy Pope
Schlangen. Also present were: George Read, Planning Director and
Bruce White, Assistant Legal Counsel.
Before the Board was discussion and decision on a PacifiCorp, dba
Pacific Power and Light appeal of the. Hearings Officer's denial of
their conditional use and site plan application for an electric
transmission line. The public hearing on this issue was held on
January 14, 1992.
Commissioner Throop said he concurred with the Hearings Officer's
decision in the following areas: He agreed there was a critical
need for additional power in the south end of Bend, however any new
transmission line would not address the need until the winter of
1992-93 at the earliest. Therefore, he felt there was time to
examine alternate routes so that the best route for the community
could be selected and approved in time for the applicant to
construct the line before the 1992-93 winter season. He agreed
that this facility would have substantial adverse impacts on the
neighborhoods through which it crossed. If feasible, the impacts
needed to be mitigated by looking at all potential routes. He
agreed that the County understood the frustration of Pacific Power,
however the applicant had taken it upon themselves to decide which
community values to compromise rather than getting the community
involved in looking at alternatives. He felt there needed to be an
evaluation of the other potential routes by the city and county
local jurisdictions in concert with the applicant and the neighbors
along the routes. He agreed that it appeared from the limited
record that there were other reasonable alternatives routes,
outside the urban area or inside the urban area in an established
corridor, which might meeting the technical requirements of the
applicant while serving the needs of the community and minimizing
the impacts on the neighbors along the route. He agreed that no
matter where the line would be located, there would be citizens who
would object, but that it was not a matter of whether it went in
but where it would go. He hoped that a process could be
established where a number of routes could be considered at the
same time. He suggested that a working group be appointed outside
of the application process which would include representatives from
the County, City, PP&L, and possibly others, to begin looking at
these issues and to find a corridor which might work.
Commissioner Schlangen said she agreed with the Hearings Officer's
decision also. She felt there were enough adverse impacts on the
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neighbors to look at alternative sites. She felt the citizens
needed to be involved with whatever site process was decided. She
agreed there was a significant need for this power and that the
community needed to work with PP&L in a positive manner and go
forward as quickly as possible.
Chairman Maudlin said he would vote to uphold the Hearings
Officer's decision. He felt it was unfortunate that PP&L had to go
through the process this way, and he didn't feel this kind of
application should be a conditional use application. He was
concerned that even though a working group might be formed, PP&L
would have to go through the same process ( one route at a time)
again anyway. He suggested a process where the issue would come
directly to the Board of Commissioners since it would end up there
eventually anyway. The Board could be the working group to help
find the best routes. He felt that the route suggested at the
public hearing that went across Forest Service land was not such a
good idea since their ESEE process would take a significant amount
of time.
Commissioner Throop asked if the County Commissioner and the City
Commission could be the working group to find the best corridor.
Bruce White said this was a quasi-judicial application so if the
Board was involved in a working group, they could be questioned as
to whether they had prejudged the application. Their decision
would then be open to a procedural challenge if there opponents.
He felt the Board would, in that case, be viewed at the proponents
of that particular line which could raise questions as to whether
the Board could fairly judge the merits of that application.
Commissioner Throop asked if it would be any different if only one
member of the Board was on the working group. Bruce White said he
couldn't answer definitively what the court might say about that
kind of arrangement. Commissioner Throop asked what the County
would have to do to have this kind of issue come directly to the
Board's level for decision. Bruce White said the County would have
to make changes in its ordinances, but he couldn't think of
anything that would preclude it. George Read pointed out the law
required that the public be heard and then be able to file an
appeal at the local level. Commissioner Throop said that in Lane
County the used a Hearings Officer, and any appeal of the Hearings
Officer's decision went directly to LUBA, bypassing the Planning
Commission and Board of County Commissioners. George Read said
he'd have to look at the language and get back to the Board on this
issue.
Chairman Maudlin asked if the Hearings Officer could hold the
public hearing with the City and County Commissions as the working
committee, and then if there was an appeal, it would go directly to
LUBA. Bruce White said he felt that was possible but that
procedural ordinances would have to be changed to allow it.
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Chairman Maudlin said the County would work with PP&L to find a
workable process to find a better route.
THROOP: I'll move that the Board concur in the hearings officer
decision denying the PP&L application for the said
transmission line.
SCHLANGEN: Second.
Commissioner Throop agreed with Chairman Maudlin that the County
needed to determine a way to work with PP&L in a positive manner to
accomplish the siting of a transmission line for south Bend.
Commissioner Schlangen agreed that the County needed to move
forward and not have every route come to the County individually
and then be appealed.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Bruce White said he assumed that the Board's decision was that the
conditional use criteria applied which would be consistent with
past practices. The Board agreed that they did apply.
DATED this 9b day of
Commissioners of Deschutes (
ATTES,:
ecording Secretary
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Tom Throop,
, 1992, by the Board of
ssioner
Nancy ope Schlangen, Commissioner
Dick Maudl n, 4-'hairman