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HomeMy WebLinkAbout2011-07-06 Business Meeting MinutesDeschutes 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 WEDNESDAY, JULY 6, 2011 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Tom Anderson, George Read, Peter Russell, Terri Payne and Paul Blikstad, Community Development; and six other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. The Board recognized Dave Kanner’s five years of service to the County. None other was offered. 2. Before the Board was Consideration of Chair Signature of Document No. 2011-387, a Notice of Intent to Award Contract Letter, for Temporary Staffing Services. David Givans audited temporary staffing costs, and found that the cost has gone up over the past few years. The audit recommended a bid process, so an invitation to bid was issued. Six companies responded and were evaluated. Express Employment Professionals were the lowest for some; and Certified Personnel Services were lowest for others. One bidder responded late and was considered a non-bid. Commissioner Unger wants to be sure the best service is provided for the low bid. He asked how this will be determined. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 1 of 9 Pages Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 2 of 9 Pages Mr. Kropp said performance was mentioned in the RFP, and will be a part of the contract. The next lowest bidder can be used if needed. This type of bid process has not been used on a countywide basis in the past except for the Fair and Expo and the Road Department. UNGER: Move Chair signature of the document. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of First Reading by Title Only of Ordinance No. 2011-003, Adopting the Comprehensive Plan Amendment. Terri Payne said this has been in process for over three years. Laurie Craghead clarified that there have been some comprehensive plan amendments during the past month or so which are not included. About the same time this document is effective, changes will be incorporated at that time. A new Ordinance with additions can be made effective at the same time. Chair Baney still has a problem with some documents that are specific. Ms. Payne said the only one adopted in the Plan is the natural hazard mitigation plan. Those are already adopted County documents. The others are just referenced. Chair Baney said the 2009 interagency report is the biggest issue. Ms. Payne said the wildlife inventory has to eventually be a part of the Goal 5 document. Some has changed and this will be updated in regard to sites. Part of that is regulatory through Goal 5, and the rest are recommendations. They are not obligated to adopt them if they don’t make sense at that time. Chair Baney stated that it does call out the Bend 2030 Plan. It does not talk about the Sisters Country Plan and probably La Pine will be doing one as well. Ms. Payne said it is a feel good reference, and they commented, as did Sisters. There is a whole chapter that specifies the County will work with the cities so that plans mesh properly. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 3 of 9 Pages Commissioner Unger said the 2030 Plan had a lot of work done on it, and it needs to be recognized so that there is ownership. The County is not obligated to agree to something specific but it is meant to support. Chair Baney noted that the 2030 Plan was written in an entirely different economic environment. Commissioner Unger pointed out that it needs to be a dated version for clarity. Ms. Payne said that the Planning Commission felt that these should be included for reference. The Plan is a fluid document anyway and will change over time. UNGER: Move first reading of Ordinance No. 2011-003, by title only. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading, by title only. Consideration of the second reading is planned for July 27. 4. Before the Board were Deliberations and Possible Oral Decision on Application Nos. CU-07-102 and SP-07-46, Conditional Use Permit and Site Plan for Mining Activities at Site No. 303 on Johnson Road (Latham LUBA Remand). Paul Blikstad said that this decision needs to be made today due to time constraints. Commissioner Unger noted that it was helpful to review what the Board did in the past. The Board was concerned about the volume, locations and timeframe. The process indicated that they were going to mine pumice, and move along from one slot to another and do reclamation as they went along. If there needs to be a new ESEE, it should be different from what the previous plan seemed to show. Commissioner DeBone said that Goal 5 is a natural resource inventory, and ESEE has a surface mining area and an area around it. 80 Acers has been inventoried. Every item will be debatable if this is opened up to ESEE again. Chair Baney stated that the first item to address is the headwall. She feels any more mining of the headwall should require a new ESEE of that area. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 4 of 9 Pages Commissioner Unger said that at the time he thought this was supposed to be incidental. A 10% change is considered incidental, but this is a major change. Chair Baney felt comfortable with some of the adjustments of reclaiming portions as they go, but to dive into the headwall is problematic. The use has remained the same but the amount has changed significantly. She sees this as an expansion of use and there could be unintended consequences. Commissioner Unger said the original ESEE did not talk about the headwall much, but the slope and ratios. The original plan never was finished. Chair Baney thinks that the resource acreage in the original application shows 40 acres. Too many items have changed since then. Commissioner DeBone said he studied the file a lot. He concluded that the 80 acre site is okay, but the rest is negotiable. He wondered what kind of mitigations could be done. Opening up the ESEE process will add clarity. Chair Baney feels the magnitude of the original application has changed. Commissioner DeBone acknowledged that it appears they want to take out a lot more material. Commissioner Unger thought the LUBA decision had compelling points and the Board needs to look at it factually. In 2009 the decision was not complete. Chair Baney stated that she is grateful for some testimony, but if someone moves next door to a protected mine site and is affected by it, it is unfortunate but not a reason for the mine to not operate. Property buyers have a responsibility to know the local environment and area. Those who have been there for a long time might need regulatory assistance. She is sensitive to those who moved in and now don’t like it, but this is not a consideration in the decision. Commissioner Unger knows that mining is protected, but as the County matures, people need to adjust in a lot of different ways. Chair Baney said this is a protected resource and they have every right to do what they are doing, but the magnitude of the potential expansion is the issue. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 5 of 9 Pages In regard to screening the Hoffman residence, Mr. Blikstad believes that this would be a part of POPPA. He does not know if this needs to be decided today since this is part of the other factors. Commissioner Unger does not like to burden people, but thinks it is a big change from what was previously planned. Chair Baney feels this was underscored by LUBA’s remand. The options are few. Mr. Blikstad said there appears to be no way to provide screening for the Hoffman residence. Chair Baney stated that it may be a goal, but not all goals can be met. It also talks about screening from Tumalo State Park, which is impossible. Commissioner Unger said trees can be planted and berms can be used. However, it may take decades to end up with this type of screening. Regarding the piles of stored material on the site, some are within the ¼ mile setback of residences. The question is, should those be moved or relocated or a finding be made that some or all can be excepted and remain where located. Mr. Blikstad said that he does not know who created them, but some are revegetated and should probably not be moved. Ms. Craghead stated that some are within the setback area but moving them would create more of a problem than just leaving them there. Ms. Craghead said this is not part of the ESEE but has to be dealt with in some fashion. Chair Baney stated if the issue is dust and noise, it would be best to leave revegetated material in place. Noise control and air quality standards have to be met for a conditional use, and there has to be no other location for the material. Commissioner Unger stated that the piles were placed for reclamation, and making a finding that these areas are revegetated maybe not enough. Commissioner DeBone stated that it will always be a resource and may be used in the future. Chair Baney said that the applicant would move them if required. If the piles are moved, that will kick up dust and the ground beneath them will not be vegetated. It seems as though it would be better for the nearby residences if the piles remained intact. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 6 of 9 Pages Commissioner Unger said that LUBA does not differentiate between the piles. Ms. Craghead stated that disturbing them could create a bigger problem. Chair Baney said it is different if the piles were material for sale. If this is stockpiled for reclamation, that’s different. Ms. Craghead said they could determine that there is no other site that would offer less of a disturbance or noise and dust impact. They have no impact at this time. Commissioner DeBone would prefer not to move them since this may create more and not less of a pile. Commissioner Unger said that Code does not differentiate one pile from another. He would like the ESEE to address how the whole site works and this would be a part of it. The Board agreed there would be more of a disturbance if the piles were moved. In regard to ongoing incremental reclamation, this has never been defined. It is not in Code. Commissioner Unger said the Board talked about slot mining and doing five acres at a time, reclaiming as they go. Ms. Craghead said there is a definition of reclamation in Code, but there is no definition of incremental reclamation that provides clarity for this. Commissioner DeBone said that DOGAMI would be in charge, per the LUBA recommendation. Mr. Blikstad said the County has no legal authority. Ms. Craghead asked the County to define this or have DOGAMI to do so. Commissioner Unger stated that the County is being asked to determine what the eventual end use might be. There are white areas everywhere. It will be dusty and not reclaimed for years. The impacts have to be recognized. Ms. Craghead said that it was limited to five acres at one time, so this could be sufficient to achieve the goal. Commissioner Unger would like to define what this means for the future. He believes the slot mining was meant to address the incremental mining aspects. Ms. Craghead said doing a new ESEE will address the headwall and may help with this definition. The first assignment of error for Latham is the three proposed crushing sites. All three meet DEQ noise standards. The ¼-mile Code provision does not apply. LUBA said that the ¼-mile Code provision was a minimum standard. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 7 of 9 Pages Commissioner Unger stated at the time the Board was trying to address noise and dust. He feels the ESEE will address this as part of that process. He feels all three sites should be allowed, based on the ¼-mile setback. Mr. Blikstad indicated that buffering is still an option. The applicant offered a 15-foot berm along the one boundary and would leave an opening between the two berms to allow for truck traffic. The Board agreed that with the berm, the sites should be allowed. Ms. Craghead indicated that they do not affect noise standards, either by being below ground or with berms. Commissioner Unger said he does not feel these can be confined to just one site. Mr. Blikstad stated they have to be obscured from protected uses. The third and fourth assignments for Latham are the headwall and excavation. Mr. Blikstad stated that they might be able to handle this under POPPA. Whatever dust impacts might be created might be addressed this way. Commissioner Unger wants to allow mining to occur but the impacts to be limited. A findings and decision document will be drafted for the Board to review. Before the Board was Consideration of Approval of the Consent Agenda. UNGER: Move approval, except the minutes of the June 29 business and work session meetings. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONSENT AGENDA 5. Board Signature of Order No. 2011-018, Appointing Gregory P. Colvin as Justice of the Peace, Pro-tem 6. Approval of Minutes:  Business Meetings: June 22, 27 and 29  Work Session: June 27 and 29 Minutes of Board of Commissioners’ Business Meeting Wednesday, July 6, 2011 Page 8 of 9 Pages CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $42,095.39. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $7,936.55. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,972,353.25. UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes.