Loading...
1997-14217-Minutes for Meeting February 26,1997 Recorded 4/24/1997MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, February 26, 1997 Chair Schlangen called the Board of County Commissioners Meeting to order at 10:05 a.m. County Commissioners present were Nancy'',�)ope Schlangen, Robert L. Nipper, and Linda L. Swearingen. Also in attendance were Mike Maier, County Administrator; Rick Isham, County Counsel; Kevin Harrison, Planner; Deirdre Malarkey, Problem Solving Project; Damian Syrnyk, Planner; Bruce White, Assistant County Counsel; Sue Brewster, Assistant County Counsel; George Read, Community Development Director; and Jerie Schutte, Building Services Manager. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT 1. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the 4-H/Extension County Service District in the amount of $1,015.79. NIPPER: Move approval subject to review. SWEARINGEN: Second.'f���''` VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT 2. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the 9-1-1 County Service District in the amount of $3,580.11. SWEARINGEN: I move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES MINUTES 1 FEBRUARY 26, 1997 3. 4. 5. CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of weekly accounts payable vouchers for the Bend Library County Service District in the amount of $31,053.35. NIPPER: I'll move approval subject to review. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES CONVENE AS THE GOVERNING BODY OF SUNRIVER LIBRARY COUNTY SERVICE DISTRICT APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR SUNRIVER LIBRARY COUNTY SERVICE DISTRICT Before the Governing Body was approval of the weekly accounts payable vouchers for the Sunriver Library County Service District in the amount of $1,850.00. SWEARINGEN: Move approval subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA: Consent agenda items before the Board of County Commissioners were: 1) signature of four Acceptance Deeds for real property conveyed to Deschutes County for road purposes; 2) signature of mylar for Westside Village Subdivision located at Simpson Avenue & Century Drive; 3) signature of Final Plat for MP -95- 20, for minor partition to divide a 13.3 -acre parcel into 2 parcels located at 64495 Bailey Road; and 4) approval of Leave Agreement for Rick Isham, County Counsel. SWEARINGEN: I move approval of accept consent agenda as presented. MINUTES 2 FEBRUARY 26, 1997 Do NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES PUBLIC HEARING ON PROPOSED ORDINANCE TO REGULATE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES Before the Board was a public hearing on proposed ordinance to regulate siting of wireless telecommunication facilities. Damian Syrnyk reported this was a proposed interim ordinance for the regulation and siting of wireless telecommunication facilities. Damian stated they were trying to develop some kind of definition for these types of facilities, a purpose statement, set standards for siting and regulating and set application requirements. George Read reviewed the ordinance with the Board. He reported the proposed ordinance allowed for towers to be 1 foot high for every 5 feet of setback. George Read stated the ordinance does not require them to be sited on public lands, but it does encourage them to be on large parcels. He also reviewed the maps with the Board. George felt the Board should go out to look at the poles to see what they look like from certain distances. George Read stated there was some question regarding condition #2. He stated the set backs would not apply to public land and subsection 3 second paragraph addressed this issue. George reminded everyone that this was an interim ordinance. Chair Schlangen opened the public hearing. Betty Marquardt testified and submitted written comments. She felt there should be additional information in the ordinance for the protection of property owners and the scenic areas. She made some suggestions which should be included in the ordinance. Kevin Martin, Sprint PCS, testified. He felt his company would only need one or two towers in Deschutes County. He had suggested changes to the ordinance. Becka Costello testified in support of the interim ordinance. She felt a i mile area for neighbor notification was critical. Mike Canfield, representing Western PCS testified, and had some suggested changes to the ordinance. He stated the MINUTES 3 FEBRUARY 26, 1997 primary concern was the setback requirements which would limit the siting of these towers. Linda Swearingen stated the Board did not want to be unreasonable, but would like to see more communication with neighbors to minimize the negative impact. Randy Winlinks, Cellular One, felt the committee needed to be formed to deal with the issues that had been raised. George Read felt there were several things that needed to be addressed such as co -location, existing vegetation being left, and LM Zones. George stated he was looking for direction from the Board. Commissioner Nipper felt there needed to be a broadening of the burden of proof, different levels of notification for different heights of towers, and exhaust all sources of public land available. There being no further testimony, the public hearing was closed. 7. PUBLIC HEARING ON PERMIT FOR FILMING ACTIVITIES AND SET DEVELOPMENT FOR WARNER BROTHERS Before the Board was a public hearing on a permit for filming activities and set development for Warner Brothers. Dave Leslie stated this application was filed under the new provision in the code for filming activities. The application was required because a portion of the activity would last longer than the 45 days and there was a proposed bridge which would be located within the flood plain. Dave reported the proposal includes a staging area within the Rim Rock Ranch with filming activities to include horses riding over a bridge. He stated the filming will happen in the second half of April. Construction of the set will begin next week. After the filming was complete, the set and bridge will be entirely removed. The bridge would be constructed of wood being 180 feet in length and 16 feet wide. The intent was to conduct filming activities. He reported comments had been received from the Department of Public Works. If a helicopter were to be used during filming, they would be required to check with Oregon Department of Fish & Wildlife regarding endangered birds. He felt the only impact to surrounding properties would be from traffic. The number of trips to the site would be minimized by the use of vans taking people there. MINUTES 4 FEBRUARY 26, 1997 Dave Leslie stated this was a temporary use permit, the property owner and filming company have an agreement for removal of the set and bridge. Chair Schlangen opened the public hearing. Jim Bussard, representing the applicant, testified. He stated the set and bridge would be there for 45 days. Jackie French, Bend Chamber, testified in support of this project. She felt the project was important to Deschutes County in providing jobs and the money it will bring to Deschutes County. David Woolson testified in support of the applicant. He stated his role was to bring things like this to Oregon for the economic benefit. He reported this project was supported by Governor Kitzhaber. His company had worked with Warner Brothers on numerous occasions and they had an extremely good track record of living up to their agreements. He felt there would significant economic impact on Oregon brought about by this project. David Vick from Terrebonne testified in opposition to this application. He expressed concerns regarding the environmental impacts. Scott Gresset testified in opposition to this film because of the bridge and the impact on wildlife in the area. Step Benseman, location manager for Warner Brothers, reported Warner Brothers wanted the shooting of the movie to go as smoothly as possible and felt all the issues raised had been addressed. Yvonne Harper expressed concerns about the environmental impacts. There being no further testimony, the public hearing was closed. NIPPER: I'll move that the permit for filming activities and set development for Warner Brothers be granted with the list of exceptions of staff be met. SWEARINGEN: Second. Linda Swearingen stated the Board had thoroughly reviewed the file submitted by Warner Brothers. MINUTES 5 FEBRUARY 26, 1997 Commissioner Nipper stated he felt Mr. Gardner was very environmentally minded. He felt the economic benefit to the area would tremendous. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DECISION ON WESTERN PCS CELL TOWER FACILITY Before the Board was the verbal decision on Western PCS Cellular Tower Facility. Damian Syrnyk reported this was an appeal of the Hearings Officer's approval of a conditional use permit for a 150 foot cellular tower on Highway 20. Damian stated the Board should have received a letter from Mike Canfield. He stated there were letters from opponents also. Commissioner Nipper asked if the letters that were received reflected the record. Damian reported that some of the letters addressed issues in the record and some of them brought up new testimony which was not pertinent to this application. Damian stated he had received a request for one week of additional time from the applicant to rebut testimony submitted by the opponents. He stated that if the Board granted that request there would only be one day to turn a decision around in order to meet the 120 day time line. Bruce White stated that procedurally the applicant may have a right to rebut some of those arguments. He stated we also have the problem of having to meet the 120 day time line. He felt that the Board's primary concern would to avoid a 120 day problem. Commissioner Schlangen stated she did not see anything new in the letters submitted. She felt she had received enough information in the hearing. Commissioner Nipper asked about the zoning authority. He stated this applicant was being asked to be placed in the LM Zone. He wondered if the Board had the zoning authority. Bruce White felt the Board had the zoning authority under the landscape management zone. Commissioner Swearingen asked if there had ever been a cell tower placed in an LM Zone. Damian stated we had but it was also surface mining zone. MINUTES 6 FEBRUARY 26, 1997 Rick Isham stated there was a utilities ordinance that was administered by Public Works. It was called Federal Aid Rural Road and it was an extension where there was a permit process for certain county roads. SWEARINGEN: I move approval of Western PCS Corporations conditional use permit to establish a cellular telephone communication facility consisting of a three sector antenna mounted on 150 foot pole and a 240 square foot equipment shelter within a 2500 square foot lease area on property zoned EFU-CH. SCHLANGEN: I will second that motion. Commissioner Swearingen believed the applicant did meet the burden of proof. She further stated the applicant had shown that the tower needed to be placed in that location in order to provide the proposed services. She didn't feel that it needed a building permit. She felt the shelter for the proposed antenna had been installed to minimize scenic values. She encouraged cell tower companies to place them on public land in order to reduce the problem with scenic values. Commissioner Nipper felt the applicant had done a miserable job of meeting the burden of proof. He stated he took exception of how the company would run their business in Deschutes County. He felt the company was violating the LM zone. He felt this was not a public utility, but a private business. Commissioner Schlangen supported the upholding the hearings officer's decision. She felt a cell tower was necessary for public service. She felt the burden of proof was met and was satisfied that was the best location in the area. It would not change farm practices in the area. The pole was not required to have a building permit. She felt the structure in the ground was required and in the best location to be shielded as best it could be. VOTE: SCHLANGEN: YES NIPPER: NO SWEARINGEN: YES 9. SIGNATURE OF AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR DESCHUTES COUNTY TO PROVIDE CORRECTION SERVICES TO JEFFERSON COUNTY Before the Board was signature of an amendment to the Intergovernmental Agreement for Deschutes County to provide correction services to Jefferson County. MINUTES 7 FEBRUARY 26, 1997 10. 11. Sue Brewster stated this was an amendment to the contract the Board signed about two months ago. NIPPER: I'll move signature of amendment to Intergovernmental Agreement for Deschutes County to provide correction services to Jefferson County. SWEARINGEN: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF CONSULTING CONTRACT WITH CLARION ASSOCIATES Before the Board was signature of a consulting contract with Clarion Associates. Deirdre Malarkey stated this was a request for approval of a contract subject to review in the amount of $16,200. The first alternative was to do nothing. The second alternative was to focus on two or three areas that were already being developed such as Burges Road or Three Rivers. The third alternative would be around the existing developments. Deirdre explained the map she presented. Clarion Associates would be here to help determine what the Board would do with lots that are undevelopable. SWEARINGEN: I move signature of consulting contract with Clarion Associates subject to review. NIPPER: I'll second that. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES SIGNATURE OF ORDERS NO 97-011 AND 97-012, AUTHORIZING THE REFUND OF TAXES Before the Board was signature of Orders No. 97-011 and 97- 012, authorizing the refund of taxes. SWEARINGEN: NIPPER: MINUTES 8 I move signature of Orders No. 97-011 and 97- 012, authorizing the refund of taxes. I'll second. FEBRUARY 26, 1997 J VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 12. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly accounts payable vouchers in the amount of $592,594.16. SWEARINGEN: I move approval of the weekly accounts payable vouchers subject to review. NIPPER: Second. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES 13. SIGNATURE OF FINDINGS & DECISION ON THE CELLULAR ONE DECISION Before the Board was signature of the findings & decision on the Cellular One decision. SWEARINGEN: I move we sign findings & decision regarding a conditional use permit for siting a cellular telephone communications facility in the EFU- TRB Zone. NIPPER: I'll second it. VOTE: SCHLANGEN: YES NIPPER: YES SWEARINGEN: YES DATED this 26th day of February, 1997, by the Deschutes County Board of Commissioners. ATTEST: Recording Secretary MINUTES 9 FEBRUARY 26, 1997