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2004-633-Minutes for Meeting March 24,2004 Recorded 3/31/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS Ind 200 -633 COMMISSIONERS' JOURNAL 0313112004 10;34;35 AM IIIIIIII IIIIIIIIIIIIIIIIIIII III 2004-633 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. �JTES C { Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF SPECIAL MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 24, 2004 Commissioners' Meeting Room - Administration Building - 1130 NW Harriman St., Bend Present were Commissioners Dennis R. Luke and Tom DeWolf; Commissioner Mike Daly was out of the office. Also present were Mike Maier, County Administrator; Mark Pilliod, Legal Counsel; and media representatives Barney Lerten of bend.com and The Bugle, Chris Barker of the Bulletin, and Jason Carr of Z-21 TV. This meeting followed an executive session that had been called under ORS 192.660(1)(h), Pending or Threatened Litigation, regarding consideration of an appeal of the City of Bend's denial of a hearing on the Awbrey Butte towers issue. Vice Chair Luke opened the meeting at 10:55 a.m. LUKE: Move that the County appeal the City of Bend's denial of a hearing on the Awbrey Butte towers issue. The motion died for lack of a second. Commissioner Luke then explained that he was disappointed by the failure of the Awbrey Towers LLC to enter into the agreement proposed between them and the County, especially since the LLC proposed the agreement and made revisions per their attorney's advice. Their explanation was that they didn't want to add another layer to the process, even though they agreed that public safety was a priority for them. Minutes of Special Meeting after Executive Session Wednesday, March 24, 2004 Page 1 of 2 Pages Commissioner DeWolf stated that he had the same concerns, but doesn't see any chance of success in pursuing the issue further. He added that the FCC has a lot of authority, and has made public safety a high priority due to homeland security issues. He also said that in his opinion, mitigation by a local entity is non-existent and ineffective. The Sheriff has also indicated that he is satisfied that any public safety transmission problems arising with the towers will be quickly and effectively addressed by the parties involved and the FCC. Being no further discussion, the meeting adjourned at 11:05 a.m. DATED this 24th Day of February 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Michael M. Daly, Chair Dennis R. Luke, Commissioner T DeWolf, Co io r Minutes of Special Meeting after Executive Session Wednesday, March 24, 2004 Page 2 of 2 Pages