2000-52-Minutes for Meeting January 05,2000 Recorded 1/31/2000VOL: CJ2000 PAGE: 52
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-52 * Vol -Page Printed: 02/01/2000 10:40:18
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:
Jan. 31, 2000; 8:19 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 6
LV � , 0.- - " O,.J. �
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KE UN ED
FEB - 12000
100 JAN 3 ► AM 8'. 19
MARY SUE PEhNOLLOW
MINUTES COUNTY CLERK
BOARD OF COUNTY COMMISSIONERS' MEETING
Wednesday, January 5, 2000
Chair Linda Swearingen opened the meeting at 10:05 a.m. Commissioners
present were Linda Swearingen, Dennis Luke and Tom DeWolf. Also present
were Michael Maier, County Administrator; Bruce White and Richard Isham,
Legal Counsel; Paul Blikstad and Kathy Tilton, Community Development;
Steven George, Oregon Department of Fish and Wildlife; Bob Shotwell, KICE
Radio; and several citizens.
1. CITIZEN INPUT
There was no citizen input.
2. PUBLIC HEARING REGARDING A PLAN AMENDMENT FOR MATT
DAY TO AMEND THE ESEE ANALYSIS FOR SURFACE MINING SITE
NO. 404, OFF HIGHWAY 20 EAST, FOR REVISIONS TO WINTER
OPERATING GUIDELINES
Before the Board was a Public Hearing on a Plan Amendment for Matt Day,
to amend the ESEE Analysis for a Surface Mining Site, Revising Winter
Operating Guidelines.
Paul Blikstad, Community Development, explained the purpose of the
hearing, a history of the site, and the time period involved leading up to this
hearing. He explained that the original request was for two other surface
mining sites as well, but was amended to include only this one. He stated that
no members of the public appeared at the previous hearing. He feels the
ESEE needs to be clarified, and recommends approval.
Bruce White, Legal Counsel, explained that the applicant would like to move
quickly to allow blasting on the site this winter; to do so, the Board must
make a decision and adopt an Ordinance to amend the ESEE.
At the request of Commissioner DeWolf, Paul Blikstad showed on a map
where transects are related to deer count in the area.
MINUTES of Board of Commissioners Meeting Page 1 of 6 Pages
January 5, 2000
Steven George, representing the Oregon Department of Fish and Wildlife,
Bend, explained there are two factors to consider: 1) high deer numbers; and
2) weather conditions. He stated that if there are heavy snows in the high
country, animals are pushed down. Snow records are analyzed and correlated
with deer numbers.
Paul Blikstad noted that the applicant has been required to provide monthly
deer counts through an approved biologist; and that the biologist's last report
shows none.
SWEARINGEN: I hereby open the public hearing.
Nancy Craven, attorney for the applicant, spoke. She stated that a program
has been developed through the cooperation of all parties. She further said
that this change requires deer and snow surveys if drilling and blasting are
going to be done; and she and the applicant agree with the hearings officer's
decision.
Commissioner DeWolf asked how long the surveys have been done, and by
whom. Nancy Craven answered that the applicant has used an ODFW
approved biologist since 1995.
Commissioner DeWolf stated that he had only received one citizen contact,
an e-mail from Paul Bianchina, looking for assurance that the adoption
includes compliance. Bruce White said that changes in weather conditions
could enable the ODFW to do its own survey and shut the site down. Paul
Blikstad stated that the applicant must also submit an annual report, and has
complied.
Being no further input, Chair Swearingen closed the hearing.
DEWOLF: I move to approve PA -99-8 (MA -99-7), a Plan Amendment to
PL -20, the Deschutes County Comprehensive Plan, to revise
the ESEE analysis for surface mining site no. 404, to adopt a
revised Conflict Analysis and ESEE Findings and Decision for
this site.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: I vote yes.
SWEARINGEN: Chair votes yes.
It was decided that this Agenda item would be continued at 3:00 p.m. today to
allow Bruce White to produce the necessary paperwork.
MINUTES of Board of Commissioners Meeting Page 2 of 6 Pages
January 5, 2000
3. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS
Before the Board was the Approval of Weekly Accounts Payable Vouchers in
the Amount of $471,890.82.
SWEARINGEN: I move approval of the weekly accounts payable
vouchers.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE
DISTRICT
Before the Board was Approval of the Weekly Accounts Payable Vouchers
for 9-1-1 County Service District in the Amount of $2,791.39.
LUKE: I move approval of the weekly 9-1-1 County Service District
accounts payable vouchers; subject to review.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
5. CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION
COUNTY SERVICE DISTRICT
Before the Board was Approval of the Weekly Accounts Payable Vouchers
for 4-H/Extension County Service District in the Amount of $391.80.
LUKE: I move approval of the weekly 4-H/Extension County Service
District accounts payable vouchers, subject to review.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Aye.
SWEARINGEN: Chair votes aye.
MINUTES of Board of Commissioners Meeting Page 3 of 6 Pages
January 5, 2000
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONSENT AGENDA
Before the Board was the Consent Agenda.
LUKE: I move approval of Consent Agenda Items 6 through 11,
with the exception of Item 8.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONSENT AGENDA ITEMS:
6. Signature of Order No. 00-007, to officially assign the name of Ten Barr Trail
to an unnamed access road.
7. Signature of Order No. 00-006, to officially assign the name of Goodrich
Road to a newly improved extension of Goodrich Road.
8. REMOVED FROM THE CONSENT AGENDA.
9. Signature of Order No. 00-004, Voucher Refunds.
10. Signature of a right-of-way dedication of Deschutes County property located
off Fryrear Road.
11. Signature of an Access Easement being granted to Century Tel by Deschutes
County.
Chair Swearingen then asked for comments or questions regarding Agenda Item
No. 8, a Contract with Visual Thinking, Inc. for the Production of the County's
Video Newsmagazine Project.
Jason Carr, a reporter with Z-21 Television, asked for details about the video
newsmagazine and how it would benefit the County.
Chair Swearingen and Commissioner DeWolf answered by explaining its format,
its purpose and how the decision to produce one was reached. It was explained
that the City of Bend has used a video newsmagazine for seven years resulting in
a very positive community impact; and that the School District and City of
Redmond are now following suit.
MINUTES of Board of Commissioners Meeting Page 4 of 6 Pages
January 5, 2000
The Board struggled to decide how to show citizens what the County does, and
felt that by using only print media as has always been done means many citizens
are not reached. Therefore, a six-month trial of a newsmagazine will soon begin.
Commissioner Luke stated that there would be individual tapes of each segment,
which can be used for meetings and presentations. Commissioner DeWolf said
that libraries would have them available as well, in case members of the public do
not subscribe to cable television; and it is hoped that eventually they will be
featured on the County website as well.
Chair Swearingen explained that the newsmagazine will be used for different
departments as well as with other groups with which the County partners. The
end goal is to attempt better communication with the public.
DEWOLF: I move approval of the contract with Visual Thinking, Inc.
SWEARINGEN: I second.
VOTE: LUKE: ` 'Aye.
DEWOLF: Yes.
SWEARINGEN!, Aye.
15. ADDITIONS TO THE AGENDA
There were none.
THE MEETING WAS CONTINUED UNTIL 3:00 P.M. TODAY.
RECONVENE AS DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONTINUATION OF AGENDA ITEM NO. 2:
Bruce White, Legal Counsel, presenting his findings and decisions. He stated the
applicant as well as the ODFW have reviewed and approved of same, and that
now a decision is necessary to approve the Plan Amendment and Site Plan
Amendment, and amend the Comprehensive Plan by Ordinance.
Commissioner DeWolf asked why the agreement of the ODFW is not reflected in
the Ordinance. He expressed concern of the quickness of this decision, with no
chance to fully review; and stated he felt this sets a bad precedence. He asked if a
recital could be added to the Ordinance indicating that the ODFW has reviewed
the Ordinance and fully approves with its findings and decisions.
MINUTES of Board of Commissioners Meeting Page 5 of 6 Pages
January 5, 2000
Commissioner Luke suggested wording that could be included for clarification
purposes: "Whereas, the Oregon Department of Fish and Wildlife has reviewed
the subject proposal and is in agreement with the proposal and with this decision."
Bruce White indicated this type of wording would be added to the Ordinance.
DEWOLF: I make a motion that the following clause be added to the Ordinance:
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Aye.
SWEARINGEN: I make a motion that the First and Second Readings, as
amended, be conducted.
LUKE: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Chair Swearingen then conducted the First and Second Reading.
LUKE: I move that Ordinance No. 00-001, as revised, hereby be
adopted.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Chair Swearingen adjourned the meeting at 3:25 p.m.
DATED this 5t" Day of January 2000 by the Deschutes County Board of
Commissioners. — Z n If A
r6 W �, � (&� I
Attest
MINUTES of Board of Commissioners Meeting
January 5, 2000
L. Sweaen. Chair
�//lam Gl
Bennis R. u e, Vie hair
Tom DeWolf, Co issioner
Page 6 of 6 Pages