HomeMy WebLinkAbout2009-04-27 Business Meeting Minutes-(ES
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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 27, 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Laurie Craghead, Legal Counsel; Kevin Harrison, Community
Development; and eight other citizens including media representative Hillary
Borrud of The Bulletin.
Chair Baney opened the meeting at 10:00 a.m.
1. CITIZEN INPUT
None was offered.
2. Before the Board was Consideration of Signature of Document No. 2009-
181, a Bond Rider to Implement Partial Bond Releases Previously
Approved by the Board under Document No. 2009 -042 for Caldera Springs
Destination Resort. (County File Nos. IA- 05 -08, IA -06 -1, and IA- 06 -2.)
Laurie Craghead stated the bond rider that was to be attached to the order was
not and needs to be approved. The Board already signed the order approving
the partial bond releases.
LUKE: Move approval of Document No. 2009 -181 with Chair signature
only.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Board of Commissioners' Business Meeting Minutes Monday, April 27, 2009
Page 1 of 4 Pages
3. Before the Board was Discussion and Possible Adoption of the Board's
Decision on the Latham Excavation Surface Mining Applications (CU -07-
102, SP- 07 -46) for Expanded Surface Mining Operations at the Johnson
Road Mining Site (Site No. 303.)
Ms. Craghead said both she and Paul Blikstad came individually and asked for
clarification on the Board's decision. What was submitted was their best
attempt after that conversation. They do not believe the evidence showed dust
could be contained on the head wall. Mining of the head wall will be prohibited
until there is a modification of the site plan to show that they can provide
adequate dust control.
The attorneys on both sides have found some inconsistencies and there have
been some changes made. The basis of the decision is to ask the Board if staff
has adequately reflected the changes. The way it is written is you are accepting
only programs that meet the goals and County code. Opponents argue it needs
to go back to EC. The applicant said no, only goals to meet County code and
needed.
The applicant has not been able to show how they can control dust. It does
leave the application open for approval if they show they can control dust
adequately. There would need to be a modification to the decision.
Ms. Craghead went through the changes to the re- written document. She asked
that the document be brought before the Board on Wednesday to review the
changes that did not get included in the document before the Board today in
reference to dust. There are no changes to noise issues, water issues or hours of
operation.
Ms. Craghead asked if the decision is modified to mine the headwall, does the
Board want it to go through regular process. Commissioner Luke suggested it
go to the Hearings Officer and if appealed then it would come to the Board with
the fee being waived.
Commissioner Unger asked how complicate the revision would be and is it on
one issue. Ms. Craghead said she believed it would be just the one issue. She
did not see that it would be that complicated. Either they bring in adequate
measures for dust control or they do not.
Board of Commissioners' Business Meeting Minutes Monday, April 27, 2009
Page 2 of 4 Pages
Commissioner Luke said it has gotten somewhat complicated now and would
find it helpful for the Hearings Officer to look at the legal argument. Ms.
Craghead said she did not think it was a legal argument but a fact argument.
Commissioner Baney said right now no mining of the headwall until another
site plan is put forward, reviewed and accepted. Commissioner Luke agreed.
Kevin Harrison said once the County identifies a particular site as having a
resource and zones the property, the applicant is allowed to mine as long as they
meet the requirement of the code for surface mining zone. It is designed to
protect the mining operator to do mining activities. Commissioner Luke said
this is State law that the code is based on. Mr. Harrison said there is a mile
circle around the mine and if you get a building permit, you get a notice that
says you are in a surface mining zone and will not disturb that activity. This
stops newcomers from coming into the neighborhood and saying stop the
mining.
Commissioner Unger said his understanding is if they are doing the operation as
originally approved the neighbors do not have the ability to complain about it
but if they want to expand the neighbors have some rights. Mr. Harrison said
his understanding is correct.
Commissioner Luke said he is happy with the revised opinion. Ms. Craghead
said she would work on the changes. Commissioner Baney said this would be
continued until Wednesday.
4. Before the Board were Additions to the Agenda.
Commissioner Unger asked where we were regarding cell towers.
Commissioner Baney said her issue with it is they should have been notified
that there were so many. Unless appealed, it would have to have findings
around health or safety, outside that the gate is open. Commissioner Luke said
it depends on how the ground is zoned. He said they have been turned down
but only with good arguments. Commissioner Baney said if there is no
opposition then they move forward. She asked if there is opposition then the
opponents have to pay. Commissioner Luke said if there is controversy on a
tower the applicant has to pay. If appealed it goes to the Hearings Officer and if
they are going to appeal, it should be in noticed area. Commissioner Baney
Board of Commissioners' Business Meeting Minutes Monday, April 27, 2009
Page 3 of 4 Pages
said it is important that the Board know about it even if they are not making the
decisions. They need to know a large amount of applications are being brought
forward.
Commissioner Luke said on Thursday he would be speaking to the Ways and
Means Committee at COCC. He said the decisions made by the committee are
made by leadership and co- chairs, not by public testimony. Commissioner
Unger said they do not give time to start with elected official input and then go
on. Commissioner Baney said clearly, they are tracking on ground level and
she felt they need to hear from those affected.
Commissioner Baney said on Friday, she is turning the helm over to
Commissioner Luke as she will be out of town Friday through Sunday.
Being no further items to come before the Board, the meeting adjourned at
10:55 a.m.
DATED this 27th Day of April 2009 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording S retary
Tammy Baney, Chair`
D nnis R. Luke /Chair
ZL44--
Alan Unger, Commissioner
Board of Commissioners' Business Meeting Minutes Monday, April 27, 2009
Page 4 of 4 Pages
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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
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, APRIL 27, 2009
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. CONSIDERATION of Signature of Document No. 2009 -181, a Bond Rider
to Implement Partial Bond Releases Previously Approved by the Board under
Document No. 2009 -042 for Caldera Springs Destination Resort. (County File
Nos. IA- 05 -08, IA -06 -1, and IA- 06 -2.) — Will Groves, Community Development
Department
3. DISCUSSION and Possible Adoption of the Board's Decision on the Latham
Excavation Surface Mining Applications (CU -07 -102, SP- 07 -46) for Expanded
Surface Mining Operations at the Johnson Road Mining Site (Site No. 303) —
Paul Blikstad, Community Development and Laurie Craghead, County Legal
Counsel
4. 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, April 27, 2009
Page 1 of 5 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, April 29, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, May 4, 2009
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, May 6, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, May 12, 2009
12 noon Regular Commissioners/Department Directors Update
Wednesday, May 13, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, May 14, 2009
7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond
Monday, May 18, 2009
9:00 a.m. Budget Deliberations
Board of Commissioners' Business Meeting Agenda Monday, April 27, 2009
Page 2 of 5 Pages
Tuesday, May 19, 2009
9:00 a.m. Budget Deliberations
1:00 p.m. Departmental Budget Presentations
Wednesday, May 20, 2009
9:00 a.m. Budget Deliberations
Thursday, May 21, 2009
9:00 a.m. Budget Deliberations
Monday, May 25, 2009
Most County Offices will be closed to observe Memorial Day.
Wednesday, May 27, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, June 1, 2009
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, June 3, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 4, 2009
10:00 a.m. Regular Update with the District Attorney
11:00 a.m. Regular Update with Community Development Department
1:30 p.m. Regular Update with Road Department
2:30 p.m. Regular Update with Solid Waste Department
Board of Commissioners' Business Meeting Agenda Monday, April 27, 2009
Page 3 of 5 Pages
Wednesday, June 10, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 11, 2009
11:00 a.m. Regular Update with Health & Human Services Department
Monday, June 15, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 17, 2009
1 :30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 18, 2009
10:00 a.m. Regular Update with Community Justice Department
Monday, June 22 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 24, 2009
7:30 a.m. Conference Call with Public Affairs Council (State Lobbyist) regarding Legislation
10:00 a.m. Board of Commissioners' Meeting — includes public hearings on proposed budgets,
and consideration of adoption of the budgets
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, June 25, 2009
9:00 a.m. Regular Meeting with Fair & Expo Department
11:00 a.m. Regular Meeting with Commission on Children & Families
Board of Commissioners' Business Meeting Agenda Monday, April 27, 2009
Page 4 of 5 Pages
2:00 p.m. Regular Meeting with the Sheriff
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, June 24, 2009
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, July 2
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Friday, July 3
Most County Offices will be closed to observe Independence Day.
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 altemative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, April 27, 2009
Page 5 of 5 Pages