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HomeMy WebLinkAbout2011-07-27 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 1 of 9 Pages 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 WEDNESDAY, JULY 27, 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; Mark Pilliod and Laurie Craghead, County Counsel; Hillary Saraceno, Children & Families’ Commission; Tom Anderson, Terri Payne, Cynthia Smidt and Nick Lelack, Community Development; Ronda Connor, Personnel; and four other citizens. Chair Baney opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Chair Signature of Document No. 2011-463, an Intergovernmental Agreement between the Oregon Commission on Children & Families and the Deschutes County Children & Families Commission regarding Funding Services for the 2011-13 Biennium. Hillary Saraceno gave a brief overview of the item. UNGER: Move Chair signature of Document No. 20011-464. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 2 of 9 Pages 3. Before the Board was Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2011-003, Adopting the Comprehensive Plan Amendment. Chair Baney said that there have been conversations about some of the agency documents referenced in the plan. One is the Oregon Department of Fish & Wildlife Management Plan. At a NACo meeting, it was pointed out to them that the ODF&W Plan is being used to appeal projects in some areas. Chair Baney said the document is meant to be advisory and not regulatory. She is concerned about some of the language being misused for appeals or lawsuits. Some might assume that referencing the ODF&W Plan in the Comprehensive Plan makes it more than advisory. Commissioner Unger added that an important issue is that ODF&W should clarify their document is not to be used for litigation purposes. This could tie the County to a document that may end up being a problem. Chair Baney asked if the ODF&W commented on this. Terri Payne said she does not have anything in writing but they did provide their input and advice. They are the experts for formation of the Goal 5 update, but the document is just ideas and recommendations. There is nothing in writing that says that this is more than that. None of the recommendations will take effect without going through a whole public process. Some are controversial while others are not. Nick Lelack reiterated that the legislative record is crystal clear that this is a reference document and not a part of the plan. It is a resource document for future public discussions. Commissioner Unger is comfortable with the path being taken, but would like to continue this for two weeks to clarify the process. This item will be addressed at the August 10 Board meeting. 4. Before the Board was Consideration of First and Second Readings by Title Only, and Adoption by Emergency, of Ordinance No. 2011-022, Amending Code to Adopt the Updated Fire Code. Laurie Craghead said that Exhibit A sent to the Board was not correct. The language changes were not available for review and to read into the record, so the item was delayed until the afternoon work session. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 3 of 9 Pages Tom Anderson said there were some housekeeping changes made as well, to cover the County’s jurisdiction over the City of La Pine at this point. This will be addressed at the afternoon work session. 5. Before the Board was Consideration of First and Second Readings by Title Only, and Adoption by Emergency, of Ordinance No. 2011-023, Adding to and Amending Code to Allow for the County Administrator to Appoint Code Enforcement Officials, and to Adopt Administrative Hearing Procedures for Building and Fire Code Violations. Tom Anderson said this implements what has passed in the legislature with requirements for Code enforcement action. A new chapter outlines the process but is similar in many respects to what is detailed in the other Code sections. This will be addressed at the afternoon work session. 6. Before the Board was Consideration of Approval of the Employee Benefits Advisory Committee’s Recommended Changes to the Employee Health Benefits Plan. Ronda Connor provided an overview of the changes, and pointed out that five of the seven recommendations came from EBAC (Employee Benefits Advisory Council). However, there were some no votes or abstentions. The sixth is housekeeping; the documents for the seventh has not yet been received and reviewed so cannot be approved at this time. Dave Kanner suggested that each item be addressed and voted on individually by the Board. Prescription co-pays. Co-pay amounts will change when the on-site pharmacy is up and running, if the prescription item is available through it. There is a minimum co-pay of $15 now; this will go to $25. The on-site pharmacy will eventually become a full-service pharmacy with some exceptions. The annual savings to the County would be about $300,000, depending on when the on -site pharmacy is fully functional. Non-preferred brands would increase as well. Generics would be issued at no cost at the on-site pharmacy. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 4 of 9 Pages UNGER: Move approval of recommendation #1, change in retail pharmacy co-pays. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Cash-out option. If an employee has other coverage available through a family member, etc., they can opt out of the plan and be paid $600 a year for doing so. A County policy will need to be created to have this take place. They will have to be allowed to go back in the plan at specific points. They would not pay their monthly insurance charge and would also get $50 a month for not using the County program. Chair Baney asked if there was a serious health event, what happens. Ms. Connor said that there are federal laws covering situations which are not the fault of the individual, such as divorce, loss of coverage, etc. UNGER: Move to add the cash-out option. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Review of coverage: Sometimes people put individuals on the plan who are not eligible, or neglect to take someone off when they are no longer eligible. It would be wise to have an audit done on a regular basis to make sure this does not happen. This change could save the plan about $325,000 annually, according to the consultant. DEBONE: Move to add the audit review of coverage. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 5 of 9 Pages Add a $100 co-pay for certain E.R. visits. Ms. Connor said that there is no financial dis-incentive for overuse of the emergency room. There is a $500 deductible for an emergency room visit; this would add an additional $100 co- pay for future E.R. visits. Mr. Kanner said the accident benefit is still covered; the plan would pick up the first $500 at the emergency room or urgent care for these types of situations. The estimated savings could be about $100,000 annually. DEBONE: Move approval of the additional co-pay for E.R. visits. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Office co-pay for office visits. This would go from $15 to $25, but would not affect the dental plan or alternative plan, just the medical plan. The savings could be about $300,000. UNGER: Move approval of the increase in co-pay amount. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. County Administrator signature on stop loss policy. Ms. Connor said this is using the same provider and at mostly the same level. The stop loss policy covers expenses over the lifetime maximum of $2 million. UNGER: Move approval of County Administrator signature on the stop loss policy. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. The last item was carried forward until a later date. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 6 of 9 Pages 7. Before the Board was Consideration of a Decision on the Russell Appeal of a Lot of Record Verification. Cynthia Smidt provided an overview of the item. She said basically that the issue is the County cannot recognize a unit of land that can’t be verified as a lot. She did a comparison of this situation of nine counties in the State, and the majority were silent on this issue. Two others have similar code provisions. She gave a history of the property, its use and zoning, and the timeframe affecting transfers of the property. Laurie Craghead clarified that having two tax lots does not mean there are automatically two separate legal parcels. Chair Baney asked how a person could find out the details from the past. For instance, things were handled much differently in 1969. It was a different world, and there were a lot of changes over the years. Commissioner Unger stated that people need to be responsible for keeping up with this kind of thing and the status of their land. Code says that having a separate tax lot does not mean it is a legal parcel on its own. The Hearings Officer felt that this was clear. Ms. Craghead said that some of the other cases brought up were handled differently. However, they had been sold separately but brought back together at some point so could be sold separately later on. Ms. Smidt said ORS 92.01.7 recognizes discreet lots but these two were always conveyed together. Commissioner DeBone would like to add value and clarity. Commissioner Unger said that there is clarity in Code now, but this request is to take something that was not verified by sales and allow them to be separate lots of record. Commissioner DeBone said the intention years ago might have been to have two separate lots so they could sell them separately at some point in the future. The policies have changed over time and now this is not possible. He is interested in looking at this issue further. Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 7 of 9 Pages Chair Baney stated that the Board is the body to hear this if it adds value. She does not want to waste the applicant’s time and money, but is sensitive to the issue and feels it merits being heard. Ms. Smidt stated that this is more of a legal issue than a policy issue. The next step for the applicant would be at LUBA. Commissioner Unger felt this is clear, and the policy seems black and white to him. DEBONE: Move signature of Order No. 2011-019 to hear this appeal de novo. BANEY: Second. VOTE: UNGER: No. (Split vote.) DEBONE: Yes. BANEY: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. Chair Baney said she had not been able to read the minutes of July 13. DEBONE: Move approval of the consent agenda, with the removal of the minutes of July 13. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Items 8. Signature of Document No. 2011-111, a Bargain & Sale Deed for an Unbuildable County-owned Parcel 9. Board Signature of Letters Appointing Bill Braly and Mary Barron to the Bicycle & Pedestrian Advisory Committee through June 30, 2014 10. Board Signature of Letters Reappointing Chuck Humphreys, Matt Martin and Kevin Tanski to the Bicycle & Pedestrian Advisory Committee through June 30, 2014 Minutes of Board of Commissioners’ Business Meeting Wednesday, July 27, 2011 Page 8 of 9 Pages 11. Board Signature of a Letter Reappointing Michael Derries to the Four Rivers Vector Control District, through June 30, 2015 12. Board Signature of a Letter Correcting the Term of Cindy Van Patten on the Board of Four Rivers Vector Control District, through June 30, 2012 13. Approval of Minutes:  Board Meeting of July 13  Work Session of July 13 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks). These will be addressed at the afternoon work session. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks). These will be addressed at the afternoon work session. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks). These will be addressed at the afternoon work session. 17. ADDITIONS TO THE AGENDA None were offered. Being no further discussion, the meeting ended at 11: 15 a.m. DATED this / '() '!: Day of ~!fJi:; 2011 for the Deschutes County Board of Commissioners ~Tammy Baney, Chair Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting Wednesday, July 27,2011 Page 9 of 9 Pages 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., WEDNESDAY, JULY 27, 2011 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 ofthe 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 ofa public hearing will NOT be included in the record ofthat hearing. 2. CONSIDERATION of Chair Signature of Document No. 2011-463, an Intergovernmental Agreement between the Oregon Commission on Children & Families and the Deschutes County Children & Families Commission regarding Funding Services for the 2011-13 Biennium -Debi Harr or Hillary Saraceno, CFC Suggested Motion: Move approval ofChair Signature ofDocument No. 2011­ 463. 3. CONSIDERATION of Second Reading by Title Only, and Adoption of Ordinance No. 2011-003, Adopting the Comprehensive Plan Amendment­ Terri Payne, Community Development Suggested Motions: Move second reading by title only ofOrdinance No. 2011-003 Move adoption ofOrdinance No. 2011-003. Board of Commissioners' Business Meeting Agenda Wednesday, July 27,2011 Page 1 of 5 Pages 4. CONSIDERATION of First and Second Readings by Title Only, and Adoption by Emergency, of Ordinance No. 2011-022, Amending Code to Adopt the Updated Fire Code -Tom Anderson, Community Development; Mark Pilliod, County Counsel Suggested Motions: Move first and second readings by title only ofOrdinance No. 2011-022, declaring an emergency. Move adoption ofOrdinance No. 2011-022. 5. CONSIDERATION of First and Second Readings by Title Only, and Adoption by Emergency, of Ordinance No. 2011-023, Adding to and Amending Code to Allow for the County Administrator to Appoint Code Enforcement Officials, and to Adopt Administrative Hearing Procedures for Building and Fire Code Violations -Tom Anderson, Community Development; Mark Pilliod, County Counsel Suggested Motions: Move first and second readings by title only ofOrdinance No. 2011-023, declaring an emergency. Move adoption ofOrdinance No. 2011-023. 6. CONSIDERATION of Approval of the Employee Benefits Advisory Committee's Recommended Changes to the Employee Health Benefits Plan­ Ronda Connor, Personnel Suggested Motion: Move approval ofchanges to the Employee Health Benefits Plan 7. CONSIDERATION of a Decision on Russell Appeal of a Lot of Record Verification -Cyndi Smidt, Community Development Department Suggested Motion: Move signature ofOrder No. 2011-019 (either deciding to hear the appeal or deciding not to hear the appeal) CONSENT AGENDA 8. Signature of Document No. 2011-111, a Bargain & Sale Deed for an Unbuildable County-owned Parcel Board of Commissioners' Business Meeting Agenda Wednesday, July 27,2011 Page 2 of 5 Pages 9. Board Signature of Letters Appointing Bill Braly and Mary Barron to the Bicycle & Pedestrian Advisory Committee through June 30, 2014 10. Board Signature of Letters Reappointing Chuck Humphreys, Matt Martin and Kevin Tanski to the Bicycle & Pedestrian Advisory Committee through June 20,2014 11. Board Signature of a Letter Reappointing Michael DeITies to the Four Rivers Vector Control District, through June 30, 2015 12. Board Signature of a Letter Correcting the Tenn of Cindy Van Patten on the Board of Four Rivers Vector Control District, through June 30, 2012 13. Approval of Minutes: • Board Meeting of July 13 • Work Session of July 13 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks) CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks) RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 16. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) 17. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Wednesday, July 27,2011 Page 3 of 5 Pages PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS I 92.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. 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 nY. Please call (541) 388-6571 regarding altemative formats or for further information. 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. Ifyou have questions regarding a meeting, please call 388-6572.) Wednesday, July 27 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, August 1 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) 3:30p.m. Public Safety Coordinating Council Meeting Wednesday, August 3 10:00 a.m. Opening Day of the Deschutes County Annual Fair 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, August 8 -Tuesday, August 9 Association of Oregon Counties Regional Summit -Silverton Wednesday, August 10 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, August 15 10:00 a.m. Board of Commissioners' Meeting Board of Commissioners' Business Meeting Agenda Wednesday, July 27,2011 Page 4 of 5 Pages 12 noon Commissioners' Meting with Department Heads 1:30p.m. Administrative Work Session could include executive session(s) Thursday, August 18 4:00 p.m. Bend Metropolitan Planning Organization Meeting Monday, August 22 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, August 24 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, August 29 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, August 31 10:00 a.m. Board of Commissioners' Meeting 1:30p.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 TrY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, July 27,2011 Page 5 of 5 Pages