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HomeMy WebLinkAbout2010-07-14 Business Meeting Minutes3. Before the Board was Consideration of Second Reading and Adoption of Ordinance 2010-014, a Text Amendment to Specify and Distinguish Conformance to Performance Standards for County Roads and State Highways. Ms. Craghead indicated there have been no changes from the first reading. BANEY: Move second reading by title only of the Ordinance. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke conducted the second reading, by title only. BANEY: Move adoption. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Before the Board were Deliberations and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinances No. 2010- 024 and 2010-025, relating to Destination Resort Map Amendment Procedures, Goals and Policies. Peter Gutowsky indicated that the Ordinances are ready for signature if the Board approves. There is a 21-day appeal period after adoption by emergency. Ms. Craghead said that unless someone gets a stay from LUBA, it is in effect. BANEY: Move first reading of Ordinance No. 2010-024, by title only. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke did the first reading of Ordinance No. 2010-024 at this time, by title only. UNGER: Move first reading of Ordinance No. 2010-025, by title only. Board of Commissioners’ Business Meeting Agenda Wednesday, July 14, 2010 Page 2 of 6 Pages BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke did the first reading of Ordinance No. 2010-025 at this time, by title only. Discussion then occurred at length regarding ramifications of not doing a second reading at this time. Peter Gutowsky said that if there is a second reading in two weeks and it is not adopted by emergency, the timing would be that the Ordinances could not be administered until 2011. Therefore, the mailing that was planned in conjunction with the tax bill could not take place. Ms. Craghead said that it would then be September 2011 and hearings would not take place until 2012, beginning with the Planning Commission. If there are any changes to the wording between first and second readings, the Chair would have to read those changes out loud at the time of the second reading. Mr. Gutowsky said that if the Ordinances are not adopted by emergency, applications would have to be submitted in early September but the mailings would not take place until the fall of 2011. Discussion occurred regarding amending the language of one of the Ordinances. The Board had a brief recess while Commissioner Baney met individually with County Counsel to discuss the issue. BANEY: Move second reading by title only, with the Chair reading the deletion of an addition of a provision in the Ordinance. This has to do with a cluster development approved before 1990 with at least 50% open space. Dialogue followed. Commissioner Baney said that her reasoning is that anyone who is currently mapped should be allowed to apply to remain mapped. All they have to do is signify that they think they have the ability to do so. Whether there are legalities involved, this is outside of the purview of the Ordinance and they can pursue it through normal channels. She feels that this should be allowed to play itself out. Board of Commissioners’ Business Meeting Agenda Wednesday, July 14, 2010 Page 3 of 6 Pages Ms. Craghead said that this would be an exception to the provision not allowing subdivisions to apply. Commissioner Luke stated that they are not the property owner in the cluster development issue. Commissioner Baney stated that the deed restrictions and CCR’s are legal documents and that this situation should be allowed to proceed, and the applicants should be allowed the opportunity able to apply and work through this issue. Ms. Craghead said that they would have to show that they are authorized by the property owners to apply. This often happens in the case of easements or a lease. It is up to them to be able to prove they have this ability. If platted subdivisions are excluded, however, this would remove the ability to apply. Mr. Gutowsky stated that there is an ineligibility criterion listed at the same time they have a section that said if there is a minimum of 160 acres that can be combined, that could be eligible. They may not be adequately able to determine if the cluster development has standing through CCR’s and deed restrictions. They would have to try to make their case. The Board could adopt Ordinances to carve out the issues that are not controversial, and have an individual Ordinance that goes through the legal process as it progresses. Ms. Craghead clarified that an existing platted subdivision may be included, but not any new ones. Mr. Gutowsky said that it will take a legislative process and could be back before the Board in some form in a year. The application can be accepted but it is subject to appeal. Staff will not be determining ownership. Commissioner Baney feels that the process needs to be followed and she does not want to write policy to exclude one property that is currently eligible. This will give them the right to go through the process like any other potential applicant. Commissioner Unger feels that this is not something he can support at this time. The motion died for lack of a second. The second reading is scheduled for consideration at the afternoon work session on Wednesday, July 28, 2010. Board of Commissioners’ Business Meeting Agenda Wednesday, July 14, 2010 Page 4 of 6 Pages Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 5. Approval of County Administrator’s Signature of a Space Use Addendum with Kemple Memorial Children’s Dental Clinic 6. Approval of Minutes: ƒ June 21 and July 7 Business Meetings CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $12,558.15. 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 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,281.69. BANEY: Move approval, subject to review. UNGER: Second. Board of Commissioners’ Business Meeting Agenda Wednesday, July 14, 2010 Page 5 of 6 Pages