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2006-179-Minutes for Meeting March 01,2006 Recorded 3/2/2006DESCHUTES COUNTY OFFICIAL RECORDS Q ~006.i19 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 0310212006 03;59;19 PM IIIIIIIII I IIIIIIIIIIIIIII IIII 2008-i DESCHUTES COUNTY CLERK CERTIFICATE PAGE \-7ES, c n t This page must be included if document is re-recorded. Do Not remove from original document. C Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 1, 2006 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno. Also present were Mike Maier, County Administrator; Steve Jorgensen and Paul Blikstad, Community Development; Tom Blust and George Kolb, Road Department; Timm Schimke, Solid Waste Department; Hillary Saraceno, Commission on Children & Families; Laurie Craghead, Legal Counsel; and, from the Health Department: Janet Harris, MS, RD, B- Well Nutrition Advisor; Sherri Tobin, RD, MS, B- Well Nutrition Advisor; Laura Spaulding, RD; and Theresa Reiter, BS, CPA. Also present were media representatives Chris Barker of The Bulletin, Dana Walters and Barney Lerten of News Channel 21, and Jeff Mullins of KBND Radio; and four other citizens. Chair Dennis Luke opened the meeting at 10: 00 a. m. 1. Before the Board was Citizen Input. Hillary Saraceno was recognized for twenty years of service to the County. Chair Luke added that Hillary left the Health Department and stepped into a challenging position at the Commission on Children & Families and is doing a good job. No other comments were offered. 2. Before the Board was the Reading and Consideration of Adoption of a Proclamation Declaring March B-Well Nutrition Month in Deschutes County. Commissioner Daly read the Proclamation to the audience. Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 1 of 8 Pages CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 3. Before the Board was a Presentation and Overview of the Activities of the La Pine Community Kitchen. Christina Riggs, Director of the La Pine Community Kitchen, gave a brief overview of the mission statement, the, work being done by this organization, and the benefits to local citizens. All of the staff and management are volunteers, and the food preparation and service is overseen by the Health Department. Chair Luke stated that the County supports the work being done, and has granted funds for various programs and improvements to the Kitchen. Commissioner Daly suggested that they request additional funds to help in the work they do, especially since they are in the middle of remodeling and replacing the roof on the building. Commissioner Clarno said that she looks forward to visiting the facility 4. Before the Board was a Public Hearing and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2006- 014, to Delete a Future Stairway Connection on the Terrebonne Transportation System Plan. Chair Luke read the opening statement. (A copy is attached as Exhibit A.) The Commissioners had no bias or personal interest to disclose. No challenges were received from the public. Steve Jorgensen gave an overview of the need for adoption of the Ordinance. No correspondence has been received on this issue. Chair Luke opened the public hearing at this time. Being no testimony offered, he closed the hearing. Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 2 of 8 Pages DALY: Move first and second readings, by title only. CLARNO: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Chair Luke then conducted the first and second readings by title only, declaring an emergency. DALY: Move adoption. CLARNO: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 5. Before the Board was Consideration of Signature of Order No. 2006-001, Vacating "E" Avenue between Second and Third Streets, Terrebonne. George Kolb explained that this vacation relates to the Ordinance just adopted. Since there was no opposition to the Ordinance, the Order can now be approved. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 6. Before the Board was a Public Hearing and Consideration of First Reading of Ordinances No. 2006-004 and 2006-005, Adopting Requirements for Traffic Impact Studies for Certain Land Use Applications. This item was continued from the February 22 Board meeting. Steve Jorgensen said he and Legal Counsel worked on refining the text of the document. The Road Department also added some changes. It does not affect anyone generating less than fifty trips per day. Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 3 of 8 Pages Mr. Jorgensen indicated there are specific changes that need to be approved, and he gave an overview of the changes. He said that every other agency in Central Oregon requires a traffic impact study, and it is important for the County to also have applicants submit one under specific circumstances instead of requesting it on an ad hoc basis. Chair Luke opened the public hearing. Being no testimony offered, he closed the hearing. CLARNO: Move first reading of Ordinance No. 2006-004 with the changes suggested by staff, by title only. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Chair Luke then conducted the first reading by title only. CLARNO: Move first reading of Ordinance No. 2006-005 with the changes suggested by staff, by title only. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Chair Luke then conducted the first reading by title only. The second readings and consideration of adoption will be on the Wednesday, March 22 Board meeting agenda. 7. Before the Board was a Decision on an Application for a Plan Amendment/Zone Change from EFU to Surface Mining in Millican (Applicant: 4-11 Equipment). Commissioner Luke read his prepared statement at this time. (A copy is attached as Exhibit B.) Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 4 of 8 Pages Commissioner Clarno then read her prepared statement. (A copy is attached as Exhibit C.) Commissioner Daly then read his prepared statement. (A copy is attached as Exhibit D.) Commissioner Luke asked if the other Commissioners are clear on the additional conditions he has indicated, in regard to additional blasting requirements. Commissioner Luke said that the applicant originally proposed these requirements. Laurie Craghead said they outlined in their testimony how they could set the charges, the times of day and other best practices. This is in the public record and can be incorporated in the conditions and findings. Commissioners Daly and Clarno indicated they agreed with the other conditions that were detailed by Commissioner Luke. CLARNO: Move approval of application, subject to the written conditions and findings and decisions detailed in the prepared statements and discussed today. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $174.86. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 5 of 8 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $1,294.33. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $280,504.81. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 11. ADDITIONS TO THE AGENDA A. Consideration of Signature of Document No. 2006-087, an Amendment to a Contract with the Heart of Oregon Corps regarding Work Performed for the County (Defensible Space). This item will be addressed at a later date. B. Consideration of Economic Development Grant Requests from: Deschutes Basin Land Trust - Community Forest Authority - $6,000 Commissioner Luke said this would help offset the cost of obtaining bond counsel. He said this project benefits the whole community. He asked that the $6,000 be taken off the top of the fund. Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 6 of 8 Pages High Desert Museum - The Nature of Words - $2,000. Commissioner Luke explained the program. Commissioners Luke and Clarno agreed to split the $2,000. Cascade Community School of Music - Database Project Commissioner Luke stated that he needs more information on this request before proceeding. This request will be addressed at a later date. • Volunteer Recognition Dinner - $1,000. Commissioners Luke and Clarno agreed to split this amount. The Annual Senior Fair at the Fairgrounds. - $1,000. The Commissioners agreed this amount should be taken off the top of the lottery fund. CLARNO: Move approval of these lottery grant funds requests. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. C. Before the Board was Consideration of a Motion that this Week's Vouchers be Approved without the Signature of the County Administrator. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Being no further items coming before the Board, Chair Luke adjourned the meeting at 11:10 a. m. Minutes of Board of Commissioners' Meeting Wednesday, March 1, 2006 Page 7 of 8 Pages DATED this 1" Day of March 2006 for of Commissioners. utes County Board ennl R. Luke, Chair ATTEST: Recording Secretary Attachments Exhibit A: Opening statement for Ordinance No. 2006-014, regarding deleting a future stairway connection on the Terrebonne Transportation System Plan. Exhibit B: Commissioner Luke's prepared statement regarding a Decision on an Application for a Plan Amendment/Zone Change from EFU to Surface Mining in Millican (Applicant: 4-R Equipment). Exhibit C: Commissioner Clarno's prepared statement regarding a Decision on an Application for a Plan Amendment/Zone Change from EFU to Surface Mining in Millican (Applicant: 4- R Equipment). Exhibit D: Commissioner Daly's prepared statement regarding a Decision on an Application for a Plan Amendment/Zone Change from EFU to Surface Mining in Millican (Applicant: 4-R Equipment). Minutes of Board of Commissioners' Work Session Wednesday, March 1, 2006 Page 8 of 8 Pages RAV (`l&rnn Viva (hair PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARING BEFORE THE DESCHUTES BOARD OF COUNTY COMMISSIONERS This is a public hearing on Ordinance 2006-014. The County file numbers are TA-05-8 and PA-05-7. An amendment to DCC Title 23.40.030, amending the Deschutes County Comprehensive Plan to delete a planned pedestrian stairway on a portion of E Avenue located in the Terrebonne Unincorporated Community, and declaring an emergency. The Commissioners will hear oral testimony, receive written testimony, and consider the testimony submitted at this hearing. The hearing is also being taped. The Commissioners may rule on this matter today, continue the public hearing to a date certain, or leave the written record open for a specified period of time. The hearing will be conducted in the following order. The staff will give a report on this issue. We will then open the hearing to all present and ask people to present testimony at one of the tables or at the podium. You can also provide the Commissioners with a copy of written testimony. Questions to and from the Chair may be entertained at any time at the Chair's discretion. Cross-examination of people testifying will not be allowed. However, if any person wishes ask a question of another person during that person's testimony, please direct your question to the chair after being recognized. The Chair is free to decide whether or not to ask such questions of the person testifying. Prior to the commencement of the hearing, any party may challenge the qualifications of any Commissioner for bias, prejudgment or personal interest. This challenge must be documented with specific reasons supported by facts. C:\Documents and Settings\BonnieMLocal Settings\Temporary Internet Files\OLK38\E AVE BOCC Opening Statement Legislative.doc Exhibit Page _L of Z Should any Commissioner be challenged, the member may disqualify him or herself, withdraw from the hearing or make a statement on the record of their capacity to hear and decide this issue. At this time, do any members of the Board need to set forth any information that may be perceived as bias, prejudgment, or personal interest? I will accept any challenges from the public now. (Hearing none, I will open the public hearing). STAFF REPORT C:\Documents and Settings\Bonnie6\Local Settings\Temporary Internet Files\OLK38\E AVE BOCC Opening Statement Legislative.doc Exhibit 14 Page Z-- of 7i 4-R Equipment Commissioner Luke's findings Prior to commissioner Clarno's appointment as a County Commissioner, this Board found that the applicant had shown that the amount of aggregate was sufficient to meet the threshold of "significant," providing for its placement on the County's inventory of significant mineral and aggregate sites. The Board, at that time, also found that the applicant had identified existing or approved uses as required by OAR 660-023-0180(2) that justified an impact area of a half-mile radius from the subject property. The Board, however, found that it could not determine, as required by OAR 660-023-0180(5)(c) whether the applicant had provided reasonable and practical measures to minimize the conflicts with the identified existing or approved uses because the applicant had not completed an a Environmental, Social, Economic and Energy ("ESEE") analysis for those uses within the half-mile impact area. The applicant did provide an ESEE analysis but included information beyond the half-mile impact area. For example, the ESEE analysis mentions the Pine Mountain Observatory that is approximately six and a half miles and the Sage Grouse Nesting Site (Lek) that is one and a half miles from the subject property. Therefore, I find that the Board should not consider any discussion in the ESEE that pertains to any of those uses found to be outside the impact area. As for the existing or approved uses within the half-mile impact area, I find that the applicant, through its ESEE analysis, provided substantial evidence of Exhibit Page /of 2. the applicant's ability to minimize any conflicts with those identified uses so long as the applicant's proposed conditions are included in the approval. I would add, however, the following requirements to applicant's proposed conditions: Condition #3 - that the design of the fence be approved by ODF&W Condition #4 - that the applicant must work with the Deschutes County Weed Board and adhere to the Weed Board's requirements for the eradication of noxious weeds Condition #6 - that all internal roads also be paved up to the mining site. Condition #8 - that, not only must the water right be acquired, but that the applicant must actually use the water to provide dust control during the excavation and processing of materials Condition #14 - that it be expanded to include more detail on the blasting limitations. Those details were outlined in the applicant's oral testimony before the Board and should be included in this condition. In addition to those more detailed conditions, I would add a condition that all lighting on the subject property must adhere to the Deschutes County lighting code and all illumination from such lighting must be contained on the property. With these conditions, I believe that the identified conflicting uses would be minimally impacted, if at all by the mining activities on the subject property. Therefore, I move approval of the application and request that the applicant's attorney provide the initial draft of the written decision for staff's review before the decision comes before the Board. Exhibit 16 Page Hof Z- fi^ 4-11 Equipment Commissioner Clarno's findings Prior to my appointment as a County Commissioner, this Board found that the applicant had shown that the amount of aggregate was sufficient to meet the threshold of "significant," providing for its placement on the County's inventory of significant mineral and aggregate sites. The Board, at that time, also found that the applicant had identified existing or approved uses as required by OAR 660-023-0180(2) that justified an impact area of a half-mile radius from the subject property. The Board, however, found that it could not determine, as required by OAR 660-023-0180(5)(c) whether the applicant had provided reasonable and practical measures to minimize the conflicts with the identified existing or approved uses because the applicant had not completed an a Environmental, Social, Economic and Energy ("ESEE") analysis for those uses within the half-mile impact area. The applicant did provide an ESEE analysis but included information beyond the half-mile impact area. For example, the ESEE analysis mentions the Pine Mountain Observatory that is approximately six and a half miles and the Sage Grouse Nesting Site (Lek) that is one and a half miles from the subject property. Therefore, I find that the Board should not consider any discussion in the ESEE that pertains to any of those uses found to be outside the impact area. As for the existing or approved uses within the half-mile impact area, I find that the applicant, through its ESEE analysis, provided substantial evidence of the applicant's ability to minimize any conflicts with those identified uses so long as the applicant's proposed conditions are included in the approval. I would add, however, the following requirements to applicant's proposed conditions: Condition #6 - that all internal roads also be paved up to the mining site. Exhibit Page of M Condition #8 - that, not only must the water right be acquired, but that the applicant must actually use the water to provide dust control during the excavation and processing of materials Condition #14 - that it be expanded to include more detail on the blasting limitations. Those details were outlined in the applicant's oral testimony before the Board and should be included in this condition. With these conditions, I believe that the identified conflicting uses would be minimally impacted, if at all by the mining activities on the subject property. Therefore, I move approval of the application and request that the applicant's attorney provide the initial draft of the written decision for staffs review before the decision comes before the Board. Exhibit G Page 2-- of --Z, 4-R Equipment LLC Plan amendment and zone change From EFU to Surface Mine Decision Mike Daly Deschutes County Commissioner March 1, 2006 The property is located about 25 miles east of Bend along US Highway 20 in the Millican Valley. It is 385 acres in size. In a recent decision, the Commissioners voted to establish the area of adverse impact to one-half mile from the proposed mining site. This is a reduction from the six and one-half mile impact area established by the Hearings Officer in this case. The uses of most concern with this application and that are within the one half mile radius are, 1. Pictographs, which are approximately 2000 fl. from the site and the location of which cannot be disclosed in the public record in accordance with state statute. 2. The Walker Residence which is approximately 2300 fl. from the site. 3. Coyote Well which is approximately 1350 ff. away. 4. Highway 20 which is approximately 600 ff. from the proposed mining area. There were also some concerns about wildlife in the area and the possible effects the mine would have on them. Dust was another issue brought up by the opponents as having an adverse affect on the above uses. Exhibit P Page of 5 The record shows that the Basalt Rock found at this site is far superior to most Basalt found in Deschutes County. The hardness of the rock is well suited for road and highway Construction. The record also shows that most of the rock being used in Deschutes County for road purposes is imported from Crook County pits. The Millican site is located much closer to the eastern edge of Bend that the other sites listed in Crook County. This is a very valuable resource for Deschutes County and will be needed now and in the future as Deschutes County continues to grow. "Because of this need, the applicant demonstrated that, because of having to go to Crook County now for the rock, the economic and energy consequences are minimized by having this pit located within Deschutes County." The Concerns of Damage to the Indian Carvings which are located over 2000 ft. away from the site due to blasting have been addressed in the Record. The Study by Apollo Geophysics Corporation about vibration intensities found that the mine should be able operate well below any potential damaging vibration intensities. The issues of Dust have been brought up due to the blasting and crushing operation. There is evidence in the record that two other crushing sites one near Century Drive 300 yds from Broken Top and another in the City Limits of Redmond near the Fireman's pond have been operating successfully with DEQ required dust control and there have been no complaints. This proposed site near Millican is a long ways from any other uses and with the dust mitigation requirements in place as proposed by the applicant and the DEQ, I find that dust is not a significant factor in this application. Issues of possible conflict with Antelope during the winter have been resolved with the Department of Fish and Wildlife of Oregon. Exhibit L) Page Z- of I The issue of possible conflicts with the burrowing owl, pigmy rabbit, and greater sage grouse leks have been resolved as there is no conclusive evidence that any of the above species were found on the project site. In summary, based on the evidence in the record concerning the identified conflicting uses, all mitigation concerns have been satisfied or will be satisfied as a condition of approval for this mining site. My decision is to approve the applicant's request for a plan amendment and zone change from EFU to Surface Mining. Exhibit 7) Page j of