HomeMy WebLinkAbout2010-03-24 Business Meeting MinutesDeschutes County Board of Commissioners
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MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MARCH 24, 2010
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Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
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Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Erik Kropp, County Administrator; Laurie Craghead, County
Counsel; Teresa Rozic, Property & Facilities; and one other citizen. No
representatives of the media were in attendance.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Consideration of Public Input.
None was offered.
2. Before the Board was a Public Hearing, and Consideration of First and
Second Reading and Adoption, by Emergency, of Ordinance No. 2010-005,
Amending Code (17.24.105) to Authorize Any Member of the Deschutes
County Board of Commissioners to Sign Partition and Subdivision Plats.
Laurie Craghead said it is a legislative matter, and there is no official opening
statement. However, public testimony is to be taken and a statement needs to
be made regarding potential conflicts of interest. Technically this is not a land
use matter, due to changes in statute in 2005. But because it is in Chapter 17, a
majority of the process will be followed. This went through the Planning
Commission already.
In the past oral permission was given to the third Commissioner to sign the
plats; the addition of the third Commissioner’s ability to sign would be added to
the Code.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010
Page 1 of 7 Pages
The insertions that were underlined in the original document did not show up in
the on-line version, but the Board and others got the complete copy. She then
read the particular lines that should have been underlined. Most of the changes
were not significant – a capital instead of lower case letter and similar changes.
The emergency clause is included so that the third Commissioner is able to sign
if another is not available.
Chair Luke opened the public hearing at this point. Commissioner Baney said
that the Board is in receipt of an e-mail from William Kuhn regarding this issue.
Citizen William Kuhn asked if there is a place in DC Code that enumerate or
clarifies when the Board is able to or wants to call something an emergency.
Ms. Craghead said she is not familiar with anything in Code for this. It is in
ORS, however, and is allowed if it is an unanimous decision of the Board
members who are present. It shaves off having to do the 90 day effective date,
and allows first and second readings on the same date.
Commissioner Baney asks for the reason for the time period between the first
and second reading. Ms. Craghead said that he Board is allowed to do changes
in that time frame, but typically the record is closed at the time of the first
reading.
Chair Luke stated that a lot of the time the legislature will use this.
Commissioner Unger said it does require a unanimous vote. Chair Luke added
that most of the time the Commissioners do not want an emergency clause
unless warranted.
Mr. Kuhn asked for the ORS number, and Ms. Craghead advised him. She said
if it is put on a ballot to repeal it, this can only be done before it is effective.
Mr. Kuhn said that if the legislature adopted this in 2005, why it took this long
to make this change. Ms. Craghead replied it only adds the third
Commissioner, and plat approval is of the essence in most cases.
Mr. Kuhn asked if there are specific lines on the plat maps that mean
something, and if those are affected by this. Ms. Craghead stated no, they are
not. Chair Luke said that this is just putting into Code what has been allowed
orally for a long time. Plats used to go before the Board, but it created a delay
for the public. Ms. Craghead said that she appreciates comments from Mr.
Kuhn, as there does need to be a good reason for the emergency clause to be
used.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010
Page 2 of 7 Pages
BANEY: Move first and second readings by title only.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke conducted the first reading by title only, followed by the second
reading by title only.
BANEY: Move adoption, by emergency.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
3. Before the Board was a Public Hearing, and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2010-
006, Amending Code (2.04.060) to Authorize Any Member of the Deschutes
County Board of Commissioners to Sign Partition and Subdivision Plats.
This is a legislative matter and a public hearing is not needed, but it was
decided to do it this way anyway. By adding this into this section, any Board
member can sign a plat as the owner of the property if it is a County-owned
property. This allows for signature on the owner line and the Board of
Commissioners’ line. At this point, the issue would have already gone through
the entire land use process.
Ms. Craghead said that the final document with the underlines that were
missing would be part of the record.
BANEY: Move first and second readings by title only.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Chair Luke conducted the first reading by title only, followed by the second
reading by title only.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010
Page 3 of 7 Pages
BANEY: Move adoption, by emergency.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
________________________________________
Commissioner Luke asked for more information on item #6.
BANEY: Move approval of the Consent Agenda.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Consent Agenda Items
4. Authorization of County Administrator’s Signature of Document No. 2010-173,
an Amendment to an Existing Lease Agreement with the Latino Community
Association
5. Signature of Document No. 2010-174, a Lease Agreement with the Deschutes
County Extension/4-H County Service District for Space in La Pine
6. Authorization of County Administrator’s Signature of Document No. 2010-175,
an Amendment to a Temporary Construction Lease with Swalley Irrigation
District
7. Signature of Resolution No. 2010-018, Transferring Appropriations in the
County School Fund
8. Signature of Resolution No. 2010-019, Transferring Appropriations in the
General Fund (Video Lottery)
9. Signature of Resolution No. 2010-020, Transferring Appropriations in the Jail
Construction Fund
10. Signature of Resolution No. 2010-021, Transferring Appropriations in the Adult
Parole & Probation Fund
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010
Page 4 of 7 Pages
11. Signature of Resolution No. 2010-022, Transferring Appropriations in the
Public Health Fund (Amending Resolution No. 2010-004)
12. Signature of Resolution No. 2010-023, Transferring Appropriations in the
Behavioral Health Fund (Amending Resolution No. 2010-010)
13. Signature of Resolution No. 2010-024, Transferring Appropriations in the
Behavioral Health Fund (FTE to Serve North and South County Clients)
14. Signature of Resolution No. 2010-026, Transferring Appropriations in the Legal
Counsel Fund
15. Signature of a Letter Reappointing Colleen Horton to the Sun Mountain
Ranches Special Road District, through December 31, 2012
16. Approval of Minutes:
Business Meetings: March 8, 10, 15 and 17
Work Sessions: March 15 and 17
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 911 County Service District, in the Amount of
$7,396.85.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
18. Before the Board was Consideration of Signature of Document No. 2010-
174, a Lease Agreement with Deschutes County regarding Space in La
Pine.
Teresa Rozic explained the item to the Board. It is a renewal of the lease of the
140 square feet that Extension/4-H utilizes in La Pine.
Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010
Page 5 of 7 Pages
BANEY: Move approval.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
19. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District, in the
Amount of $2,194.72.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
20. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County, in the Amount of $457,162.54.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
21. ADDITIONS TO THE AGENDA
Erik Kropp said there are no items for this afternoon’s work session, so it will
be cancelled. Also, Ken Hales cannot meet tomorrow and the update with
Community Justice will be rescheduled.
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Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010
Page 6 of 7 Pages