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HomeMy WebLinkAbout2010-09-29 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, SEPTEMBER 29, 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 Dave Kanner, County Administrator; Erik Kropp Deputy County Administrator; Nancy Blankenship, Clerk; Laurie Craghead, County Counsel; Sheryl Hogan, Health Services; and Tom Anderson, Community Development; and four other citizens. No representatives of the media were in attendance. Chair Luke 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 Signature of Document No. 2010- 594, the Family Drug Court Grant Agreement through the Criminal Justice Commission. Sheryl Hogan explained the item, which involves a grant of over $252,000 to continue the Family Drug Court program. Commissioner Unger asked what local resources are used for matching. Ms. Hogan said that some staff time is provided. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of the Board of Commissioners’ Business Meeting Wednesday, September 29, 2010 Page 1 of 6 Pages Minutes of the Board of Commissioners’ Business Meeting Wednesday, September 29, 2010 Page 2 of 6 Pages 3. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2010-050, Approving the Griffin Annexation into La Pine Rural Fire Protection District. Chair Luke opened the public hearing at this time, and Laurie Craghead gave a brief overview of the item. Dennis Griffin, a property owner in the proposed annexation area, said that they have the support of 100% of the voters who are registered in that area. There seems to be no opposition. Ms. Craghead stated that no letters or other concerns have been received in opposition. Chair Luke closed the hearing. BANEY: Move approval. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. The minutes of the Business Meeting of September 22 were removed to allow Commissioner Baney to review them. Consent Agenda Items 4. Signature of Order No 2010-053, Appointing County Residents to Two Pools from which the County Clerk will Select Members of the Board of Property Tax Appeals, and Authorizing Signature of Letters to the Appointees, Notifying of His/Her Appointment. Nancy Blankenship said that they have a larger pool this year as they are expecting a higher number of petitions this coming year that will need to be addressed. 5. Signature of Document No. 2010-631, the Annual Boating Safety and Marine Law Enforcement Services Agreement between the Sheriff’s Office and the Oregon State Marine Board 6. Approval of Minutes: ƒ Business Meeting of September 22 ƒ Work Session of September 20 and 22 Minutes of the Board of Commissioners’ Business Meeting Wednesday, September 29, 2010 Page 3 of 6 Pages CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District, in the Amount of $60,585.82. 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 $544.95. 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 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $1,878,129.56. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of the Board of Commissioners’ Business Meeting Wednesday, September 29, 2010 Page 4 of 6 Pages 10. Before the Board were Additions to the Agenda. Dave Kanner said that Community Development staff has asked for guidance regarding fee waivers. He suggested there be a process in place to address these because it is potentially controversial. Tom Anderson stated that last week he received a fee waiver request from Kelly Brown, regarding non-farm commercial events on agricultural land. There is a process for temporary approval of non-farm events. The fee, because of the extensive time needed for this text amendment, would be $10,000. If a Hearings Officer is involved, it could cost another $5,000. Commissioner Baney would like to see an open process with all sides being able to provide testimony as to what they would like to see happen. Commissioner Unger agreed, but feels that there needs to be a clear path. The State has not helped at all in this regard. Commissioner Baney said there are two things: the fee waiver, and the next steps. She would like to take them separately. Commissioner Unger is not sure he can keep them separate; they are the same issue. Commissioner Luke feels they should be kept separate. He asked how the fees would be covered, and the process regarding the fee waiver needs to be determined. Commissioner Unger feels they overlap but is frustrated that no direction is coming from the State. Mr. Anderson stated that staff can prepare a staff report, with the important questions that can be addressed in this regard. There is already an item on the work plan for this fiscal year to take on this issue, but not until the first of the year. The timing comes into play, and it needs to be decided on when to start the process. Starting early may provide answers regarding an ongoing Code enforcement issue and might provide a model ordinance for what is going on at the State level right now. However, it might make more sense to wait until the State discussions play out. Either way is okay, but the discussion needs to be properly framed and a process established. Notice is a consideration, and whether the Planning Commission should be involved is another. Commissioner Baney said that the County is not one that sits back and waits for the State if something needs to be addressed. Commissioner Luke asked if the fee waiver can be ignored at this point, and the County just work through the process. Mr. Anderson said there is no formal text amendment application and it would likely have to be initiated by the County. Commissioner Unger feels that this would give the County a way to look at the big picture without involving just one party. Minutes of the Board of Commissioners’ Business Meeting Wednesday, September 29, 2010 Page 5 of 6 Pages Mr. Kanner reminded the Board that this discussion is to be on whether there would need to be a process established to address the fee waiver situation. Commissioner Luke feels that the discussions are appropriate. Ms. Craghead noted that public meetings law allows additions to the agenda that were not previously noted, but the discussion should be more focused on the question, which is how to handle fee waivers. Commissioner Baney feels that the issues need to be handled separately, just the fee waiver situation at this point, in a business meeting. Commissioner Unger feels that criteria regarding how to handle fee waivers in general should be developed. Commissioner Luke said he would deny the request. Mr. Anderson stated that if the fee waiver was approved, he would tell the applicants to initiate a text amendment to address the larger issue. If the waiver is denied, the County would likely have to initiate the text amendment. Commissioner Luke feels there are other things on the work plan that should take precedence over moving up something else that was to be addressed after the first of the year. Ms. Craghead said there needs to be a general policy discussion on this fee waiver under the current rules, the fee waiver policy in general, and, once a decision has been made on this fee waiver, what direction the Board wants to go. Staff needs guidance on the process the Board wants to follow. It is possible that the Board may not want to develop a fee waiver policy at all. Mr. Anderson proposed that an e-mail notification be sent to individuals who have a stake in the fee waiver issue. It is not a land use proceeding and this is more than is required. This issue will be addressed at an upcoming business meeting agenda. The meeting adjourned at 10:45 a.m.