2010-82-Minutes for Meeting February 08,2010 Recorded 2/16/2010DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK IiJ +
COMMISSIONERS' JOURNAL
1,.11011 11001IN oil 02/16/2010 11;47;17 AM
2010-82
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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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 8, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Laurie Craghead, County
Counsel; Will Groves, Community Development Department; and seven other
citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Limited De Novo Hearing on an Appeal of a
Hearings Officer Denial of a Proposal to Establish a Wireless
Telecommunications Facility on a Parcel Zoned EFU-SC Located East of
Sisters.
Laurie Craghead explained that the applicant had just submitted a letter
withdrawing their application.
Chair Luke opened the hearing, at which time the letter was submitted. Ms.
Craghaed said that the applicant can submit a new application, which would
start the process all over again. Commissioner Unger asked if there is a time
limit relating to when another application can be submitted. Ms. Craghead
stated that there is nothing in Code that prohibits someone from submitting
another application on the same location.
Citizen Jim Fenton of Redmond asked why they are allowed to reapply. He
feels they should just stay out. He has health concerns about the towers.
Minutes of Board of Commissioners' Business Meeting Monday, February 8, 2010
Page 1 of 2 Pages
Ms. Craghead stated that the Hearings Officer's decision had to do with a
particular set of circumstances, and they are entitled to make adjustments and
reapply. Chair Luke said that wireless facilities have some protection under
federal and state law.
Chair Luke closed the hearing at this point.
3. Before the Board were Additions to the Agenda.
None was offered.
Being no further items addressed, the meeting adjourned at 10:15 a.m.
DATED this 8th Day of February 2010 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
Dennis R. Luke, Chair
Alan Unger, Vice Chair
, a-6 1
Tammy, aney, Com ssioner
Minutes of Board of Commissioners' Business Meeting Monday, February 8, 2010
Page 2 of 2 Pages
Richard J. Busch
Attorney at Law
Busch Law Firm PLLC
5400 Carillon Point
Kirkland, WA 98033
VIA EMAIL AND FACSIMILIE 541-385-1764
February 8, 2010
William Groves
Senior Planner
Deschutes County Community Development Department
117 NW Lafayette Blvd.
Bend, OR 97701-1925
Re: File Nos. MA-09-5; A-09-10
Withdrawal of Application
Dear Mr. Groves:
425.458.3940 Direct
206.265.3821 Wireless
206.219.6717 Fax
Rich.Busch@WirelessCounsel.com
As we discussed this morning, New Cingular Wireless PCS, LLC hereby withdraws its
applications for land use permits in these matters.
Thank you for your assistance. If you have any questions or comments, please feel free to
contact me.
Very truly yours,
Richard J. Busch
Richard J. Busch
Attorney at Law
Busch Law Firm PLLC
5400 Carillon Point
Kirkland, WA 98033
VIA EMAIL AND FACSIMILIE 541-385-1764
February 7, 2010
William Groves
Senior Planner
Deschutes County Community Development Department
117 NW Lafayette Blvd.
Bend, OR 97701-1925
Re: File Nos. MA-09-5; A-09-10
Request for Continuance
Dear Mr. Groves:
425.458.3940 Direct
206.265.3821 Wireless
206.219.6717 Fax
Rich.Busch@WirelessCounsel.com
I have been retained by New Cingular Wireless PCS, LLC to represent it in the limited de novo
appeal of the Hearings Officer's decision dated December 4, 2009.
Pursuant to DCC 22.24.140(A)(1), New Cingular Wireless PCS, LLC respectfully requests a
continuance of the initial evidentiary hearing scheduled for tomorrow, February 8, 2010. We
request that the hearing be scheduled on Monday, February 21, or the soonest date thereafter
which is convenient for the Board. Since this request for continuance is made after the Board
provided the notice of the hearing, we will attend the hearing tomorrow morning for any
testimony that the other participants might provide.
We understand that the 150-day period currently expires on March 15, 2010. Pursuant to
ORS 215.427(5), New Cingular Wireless PCS, LLC hereby waives the 150-day deadline
provided in ORS 215.427(1) for an additional thirty (30) days, until April 14, 2010.
Thank you for your assistance. If you have any questions or comments, please feel free to
contact me on my wireless phone: 206-265-3821.
Very truly yours,
Richard J. Busch
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, FEBRUARY 8, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. A LIMITED DE NOVO HEARING on an Appeal of a Hearings Officer
Denial of a Proposal to Establish a Wireless Telecommunications Facility on a
Parcel Zoned EFU-SC Located East of Sisters - Will Groves, Community
Development
3. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, February 8, 2010
Page 1 of 4 Pages
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Wednesday, February 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 15
Most County Offices will be closed to observe Presidents' Day
Wednesday, February 17
11:30 a.m. Annual Meeting with the Black Butte Ranch County Service District Board, at Black
Butte Ranch
2:00 p.m. Administrative Work Session - could include executive session(s)
Monday, February 22
10:00 a.m. Board of Commissioners' Meeting
12:00 noon Regular Meeting with Department Directors
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, March 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, February 8, 2010
Page 2 of 4 Pages
Thursday, March 4
10:00 a.m. Quarterly Update with the District Attorney
11:00 a.m. Quarterly Update with Community Development
1:30 p.m. Quarterly Update with the Road Department
2:30 p.m. Quarterly Update with Solid Waste
Wednesday, March 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 11
7:00 a.m. Regular Meeting with the City of Redmond Council, Council Chambers, Redmond
11:00 a.m. Quarterly Update with Health and Human Services
Monday, March 15
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 17
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 18
9:00 a.m. Semi-annual Meeting with the Clerk
10:00 a.m. Quarterly Meeting with Community Justice
Monday, March 22
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, February 8, 2010
Page 3 of 4 Pages
Thursday, March 25
9:00 a.m. Quarterly Meeting with the Fair & Expo
10:00 a.m. Semi-annual Meeting with the Assessor
11:00 a.m. Quarterly Meeting with the Commission on Children & Families
2:00 p.m. Quarterly Meeting with the Sheriff
Monday, March 29
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 31
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, February 8, 2010
Page 4 of 4 Pages