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HomeMy WebLinkAbout2008-11-10 Work Session Minutes Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, NOVEMBER 10, 2008 ___________________________ Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Baney. Also present was Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, Legal Counsel; Kevin Harrison and Paul Blikstad, Community Development; David Inbody, Assistant to the Administrator; and two citizens. No representatives of the media were present. Chair Luke opened the meeting at 1:30 p.m. 1. Before the Board was Discussion of an Appeal of the Hearings Officer’s Decision regarding an Application for a Conditional Use Permit for Surface Mining Activities (Johnson Road; Applicant: Latham Excavation). This item was continued from the morning Board business meeting. Paul Blikstad gave an overview of the item. Commissioner Luke asked about the timeline. Bruce White said that the clock could be extended if the time is reasonable. Mr. Blikstad said that a de novo hearing might be impossible to hold prior to the end of the year. Ms. Craghead stated that deliberations would have to occur in early December for findings can be drafted before the end of the year. Mr. White indicated that a decision by the end of February would be acceptable. The Board reviewed an oversized aerial photograph of the subject area. The application would expand the amount of mining being done. It is already zoned for this use. An argument has been made that a study of Economic, Social, Environmental and Energy (ESEE) impacts is necessary for this expansion. Staff feels that the interpretation of the ESEE was to include crushing on site. The Hearings Officer found that noise sensitive uses relate to all areas of a property. Staff does not agree, since the property is zoned for this type of use. Minutes of Administrative Work Session Monday, November 10, 2008 Page 1 of 4 Pages Minutes of Administrative Work Session Monday, November 10, 2008 Page 2 of 4 Pages Mr. Blikstad said there were issues as to where rock crushing would be allowed. Several sites could be buffered by stockpiles of material. The Hearings Officer limited crushing to one of three sites that the applicant wanted approved. The other big issue is the amount of screening necessary to expand the mining operation. State Parks commented that the headwall would be visible from some of the trails in the State park. Mr. Blikstad said that he walked the trails and a headwall could be seen from one small point on a trail. Other mining operations are visible from the trails. Commissioner Luke said this mining site was approved years ago, and asked why this does not apply. Ms. Craghead replied that they want to do more excavation. The issue is whether the original decision included all of the area and whether the ESEE applies to the entire site. Mr. Blikstad referred to an oversized site plan. Ms. Craghead said that she is not sure what additional information could be provided as it appears complete. The appellant states that they did not have adequate time to provide evidence. Commissioner Baney does not want to be limited by an on the record hearing. Commissioner Luke said that if there are questions that are not already in the record, that information could not be included. Mr. Blikstad stated that the public feels like there is more of a sense of participation if the public can testify. Commissioner Daly pointed out that the new Commissioner has had years of experience on the Planning Commission and also as Mayor of Redmond. BANEY: Move that this be heard de novo as long as the applicant will extend the clock for a decision no later than the end of February 2009. DALY: Yes. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 2. Discussion of Leasing County-owned Property to Non-County Entities. Susan Ross stated that this is similar to the facilities use policy. There are many requests to use County facilities. The rule has been to allow nonprofits to lease facilities if they provide services that the County may be providing otherwise. This can be broadly interpreted. Minutes of Administrative Work Session Monday, November 10, 2008 Page 3 of 4 Pages Commissioner Luke asked about the exclusion of wireless facilities. Ms. Ross stated that these structures have been allowed on a negotiated basis. A company has requested a tower be installed near the County landfill. There are buffer properties that might be suitable for this purpose. Ms. Ross feels that allowing one entity to do this would open a door for others. The Commissioners feel that these requests should be addressed on a case-by-case basis. There needs to be a benefit to the County, either by combined use or by revenue generated. Dave Kanner stated that it was felt that this should be policy and not in Code. 3. Continued Discussion of Ordinance No. 2008-026, regarding Code Violations and Enforcement. Ms. Craghead gave an overview of the proposed Ordinance. Commissioner Daly asked why the property owner would be responsible for others using his or her property. Ms. Craghead said it is not clear in current Code but the owner is ultimately responsible for how the property is being used. It takes three citations before the County can go any further. 4. Economic Development Grant Requests. ƒ Central Oregon Boxing Club – defray rental costs of the use of the Fairgrounds – Commissioner Luke granted $500; Commissioner Daly granted $2,300. Mr. Kanner said that the Redmond Education Foundation asked if the grant funds granted to them should be returned since the event was canceled due to inadequate ticket sales. Commissioner Luke asked if Mr. Kanner could find out if the funds would go into another educational fund. 5. Update of Commissioners’ Meetings and Schedules. Commissioner Baney is in Salem on Friday to attend “Toward One Oregon” program. She is moderating a panel for AOC as well.