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HomeMy WebLinkAbout2010-03-24 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, MARCH 24, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ 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: ƒ Business Meetings: March 8, 10, 15 and 17 ƒ 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. ________________________________________ Minutes of Board of Commissioners’ Business Meeting Wednesday, March 24, 2010 Page 6 of 7 Pages