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1999-904-Minutes for Meeting June 28,1999 Recorded 8/12/1999VOL: CJ1999 PAGE: 904 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *01999-904 * Vol -Page Printed: 08/19/1999 11:25:57 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Aug. 12,1999; 9:50 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 5 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK MINUTES Cj--1qw1-'W AUG 12 AM 9:50 June 28, 1999 MART7UE71EN HOLLOW COUNTY CLERK Chair Linda L. Swearingen called the Board of County Commissioners meeting to order at 10:00 a.m. County Commissioners present were Linda L. Swearingen, Tom DeWolf, and Dennis R. Luke. Also present was Kevin Harrison, Planner; Tom Blust, Road Department Director; Kelley Jacobs, Juvenile Administrative Assistant; Bob La Combe, Juvenile Program Manager; Scott Johnson, Commission on Children & Families Director; Dick Johnson, Road Department; George Read, Community Development Director; Tracy White, Planner; Judy Sumners, Risk Management; Sue Brewster, Assistant County Counsel; Rick Isham, County Counsel; Dave Leslie, Planner; and Ed Pecoraro, Planner. 1. CONTINUED PUBLIC HEARING ON REQUEST TO REMOVE SURFACE MINING DESIGNATION AND REPLACE WITH FOREST USE FOR PETER STOTT Before the Board was a continued public hearing on a request to remove Surface Mining designation and replace it with Forest Use for Peter Stott. Kevin Harrison stated the continued public hearing was to discuss options among the staff and the applicant on the rezoning request. Kevin reported they had looked at the possibility of keeping the site on the inventory, but removing the Surface Mining zoning and put a Forest Zone on it. Nancy Craven, attorney for the applicant, stated if the Board wanted to leave it on the inventory and change the zone, she could draft findings in that direction. Commissioner Swearingen asked what the cost to the applicant would be to make the change. Nancy Craven stated they would have to draft a change in the ESEE and draft additional ordinances. If the decision had been to take it off the inventory, it would be a simpler process. MINUTES Page 1 of 5 JUNE 28, 1999 Commissioner Swearingen felt the Hearings Officer totally ignored the computer study regarding the amount of gravel. Commissioner Luke stated the problem he had was taking a mining site off the inventory. He felt having the ability to change it back to a mining site some time in the future would be very important. Commissioner Swearingen felt the applicant was being asked to go through a process that was not absolutely necessary. She felt that the property was put on the inventory without any science involved. She felt that since there was another site with 11 million tons of gravel in the area, there was no reasons to keep this other piece of property on the inventory. Commissioner Luke felt that since there was a limited number of site in this area that had rock on them, it should not be removed from the inventory. Kevin Harrison reported that the site had not been used since the mid -80's. Commissioner Swearingen stated the site had been reclaimed. Commissioner DeWolf stated that the Hearings Officer felt this site was significant. Commissioner Swearingen felt the Hearings Officer had completely ignored the Hickman Williams computerized model regarding how much gravel there was on this site. Kevin Harrison stated the Hearings Officer did not have the computerized calculation available to her. Commissioner DeWolf stated the Hearings Officer found the site to still contain significant resource and it had not yet bee reclaimed. He stated that since that time it has been found that significant resource does not exist and the land had been reclaimed. Kevin Harrison stated there were 22 sites on the County inventory with less that 100,000 cubic yards of resource. He felt this could set a precedent to rezone 22 other sites. MINUTES Page 2 of 5 JUNE 28, 1999 Commissioner Swearingen felt that since the applicant had met the criteria, they should be removed from the inventory. Commissioner Luke felt that it would be hard to determine what the long-term effect would be on the County if Board started removing these sites from the inventory. Commissioner DeWolf stated that we needed to live within our rules and apply them in the best way that we can. Commissioner Luke stated the whole idea of protecting significant resources was for the long-term. He felt that it you were only going to look in the 5 to 10 year range, all the restriction might as well be removed. Ted Schausberger testified regarding this issue. He felt rock was hard to come by in this County and they should keep whatever they have on the inventory. There being no further testimony, Chair Swearingen closed the public hearing. SWEARINGEN: I would move that we overturn the Hearings Officer's decision in regard to PA-98-12/ZC-98-6. Commissioner Swearingen's motion died due to the lack of a second. DEWOLF: I would move that we proceed with the compromise that would require a change in the zone from surface mining to F-1 zone, keeping the resource on the inventory, and directing our staff to work with the applicant in whatever means necessary, specifically in the rewriting of the ESEE, to reduce whatever costs there is to the applicant. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES MINUTES Page 3 of 5 JUNE 28, 1999 2. SIGNATURE OF INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND STATE OF OREGON TO ALLOW THE COUNTY'S DIRECTADMINISTRATIONOF STATE DIVERSIONFUNDS PREVIOUSLYADMINISTERED BY CENTRAL AND EASTERN OREGON JUVENILE JUSTICE CONSORTIUM Before the Board was signature of an Intergovernmental Agreement between Deschutes County and the State of Oregon to allow the County's direct administration of State Diversion Funds previously administered by Central and Eastern Oregon Juvenile Justice Consortium. LUKE: I would move approval of the Intergovernmental Agreement between Deschutes County, and the State of Oregon to allow the County's direct administration of State Diversion Funds previously administered by Central and Eastern Oregon Juvenile Justice Consortium. DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 3. SIGNATURE OF TWO-YEAR INTERGOVERNMENTAL AGREEMENT BETWEENDESCHUTES COUNTY, THE OREGON YOUTHAUTHORITY AND CENTRAL AND EASTERN OREGON JUVENILE JUSTICE CONSORTIUM Before the Board was signature of a two-year Intergovernmental Agreement between Deschutes County, the Oregon Youth Authority and Central and Eastern Oregon Juvenile Justice Consortium. LUKE: I would move approval of the two-year Intergovernmental Agreement between Deschutes County, Oregon Youth Authority and Central and Eastern Oregon Juvenile Justice Consortium. MINUTES Page 4 of 5 JUNE 28, 1999 DEWOLF: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES 4. SIGNATURE OF THE OREGON DEPARTMENT OF TRANSPORTATION WEIGH STATION DECISION Before the Board was signature of the Oregon Department of Transportation weigh station decision. DEWOLF: I move approval, subject to review. LUKE: Second. VOTE: SWEARINGEN: YES DEWOLF: YES LUKE: YES DATED this 28th day of June, 1999 by the Deschutes County Board of Commissioners. e 'nda L. Swearingen, Chair Tom DeWolf,_Commissioner- ATTEST: Recording Secretary De ms R. Luke, Coi MINUTES Page 5 of 5 JUNE 28, 1999