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1990-00684-Minutes for Meeting December 20,1989 Recorded 1/9/1990.f 4 yam . . 4714 90-00684 MINUTES titICnOFtIMEQ DESCHUTES COUNTY BOARD OF COMMISSIONERS 'JAN 1 l_ 1991 December 20, 1989 Chair Prante called the meeting to order at 10:02 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Karen Green, Community Development Director; and Dennis Maloney, Community Corrections Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Development Agreement for Oscar Murray for SP-89-67; #2, signature of MP-89-45 for Dagney Marks; #3, signature of MP- 89-35 for Scott Oakley; #4, signature of Order 89-105 amending Order 89-095 by adding the United Savings Bank as an approved depository for the Deschutes County Treasurer; #5, signature of MP-89-39 for Marcella Campbell; and #6, signature of MP- 89-37 for R.E. McCaw. MAUDLIN: I move consent agenda. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. REVIEW OF 1988/89 COUNTY AUDIT Dick Donaca of Donaca, Battleson, Kerkoch & Co. CPA's, reviewed the County's 1988/89 Audit Report with the Board of Commissioners. He pointed out there were separate reports for the 7th Mountain Service District and the 4-H Service District as required by the Secretary of State's office, however they were also a part of the County audit report. He said that next year it would also include the 9-1-1 District. He said the first section of the audit was the independent auditor's report, which was their opinion on the financial status of Deschutes County. He said that any department level problems had already been discussed with the department while the audit was being done. He felt there were only two items important enough to be brought before the Commissioners: (1) they felt there should be a system for keeping track of fixed assets, and (2) they would prefer that the Treasurer's Office go onto a general ledger system. He understood that in order for either of these changes to be made, the County would have to commit PAGE 1 MINUTES: 12/20/89 c_1)9 4 - 0715 considerable time and personnel which might not be feasible at this time. He mentioned that the County was required to keep track of the monies received from the State of Oregon and the Federal government separately, however the County had not been able to get information from the State about Federal money coming to the County through the State of Oregon. 3. ADDRESSING ORDINANCE 89-010 Before the Board was signature of Ordinance 89-010 establishing and regulating a house numbering and uniform road naming system for Deschutes County. Karen Green said that two changes had been made due to testimony at the public hearing. PRANTE: I'd like a motion for first and second reading by title only. THROOP: I'll make that motion. MAUDLIN: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Prante preformed the first and second reading of Ordinance 89-010 by title only. THROOP: Move approval. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. DECISION ON MARIA CLARK GRIEVANCE Before the Board was the decision on a grievance submitted by Maria Clark. Commissioner Maudlin said that he felt the discussion in Executive Session had been thorough and meticulous. Rick Isham had written some findings for the Board's consideration. MAUDLIN: I would move that the grievance filed by Maria Clark be denied, and that the District Attorney be upheld in his termination of this person. THROOP: I'll second the motion. PAGE 2 MINUTES: 12/20/89 0913 - 0716 Commissioner Prante gave a dissenting opinion. She felt that what transpired and the accusations that were made against Ms. Clark were not of her doing. Commissioner Prante stated that Ms. Clark had not been apprised of her options on how she could defend herself against the accusations. She was told only that she could not discuss the accusations outside the office, which left her in an untenable position of not being able to defend herself. She felt that if Ms. Clark had disclosed any information that had not related to the accusations against her, she would have felt differently. Commissioner Throop felt that the District Attorney had no other option but to discharge the employee because she divulged confidential information. He did believe that the employee was caught in a circumstance that was not of her own making, but he felt that given the sensitivity of the issues, information, and cases dealt with in the District Attorney's office, the District Attorney had no choice but to discharge the employee. VOTE: PRANTE: NO THROOP: YES MAUDLIN: YES 5. AMENDMENT TO B. E. SMITH COUNSELING PERSONAL SERVICES CONTRACT Before the Board was signature of an Amendment to the Personal Services Contract with B. E. Smith which was effective October 15, 1989. The tracking, monitoring and associated bookkeeping for all misdemeanor bench probation cases was added to the Contractor's services. Also the rate of pay was amended to be $2,500 per month up to a maximum consideration of $20,000. Dennis Maloney reported that there were two bids for these services but that only B. E. Smith Counseling had the computer tracking capability which was necessary to the program. He said that Smith Counseling was already performing these services for the "fast track" population who had not gone to court yet. The "bench probation" population had gone to court but had been put on probation. PRANTE: Entertain a motion to sign contract with B.E. Smith. MAUDLIN: So moved. THROOP: Second. VOTE: PRANTE: Abstain THROOP: YES MAUDLIN: YES PAGE 3 MINUTES: 12/20/89 09.13 - 0717 6. 7. 8. WAIVER OF FEE FOR OLCC APPLICATION FOR LA SIESTA CAFE Before the Board was approval of a fee waiver and signature of OLCC application for La Siesta Cafe in Terrebonne retroactive to December 14, 1989. Commissioner Maudlin explained that after discussing it with Chair Prante, he agreed to sign an OLCC Application for The La Siesta Cafe since it wanted to open in its new building the next day. He felt the fee waiver was in order since they would have to buy a new license on January 1, 1990 anyway. THROOP: I'll move approval Nunc Pro Tunc. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES AMENDMENT TO PERSONAL SERVICES CONTRACT WITH ROSIE BAREIS Before the Board was signature of an amendment to the Personal Services Contract with Rosie Bareis that was effective August 10, 1989. The "Duration" paragraph was amended to terminate the contract on January 31, 1990. The "Contractor's Services" paragraph was amended to include administrative support and services to the Children and Youth Services Commission. The "Consideration" paragraph was amended to include payment at $25.00 per hour up to a maximum consideration of $12,750. Commissioner Prante said continuation of this contract would be contingent upon receipt of funds from the State Children and Youth Services Commission. THROOP: I'll move signature three months to the Rosie Bareis. MAUDLIN: Second. of the amendment providing for Personal Services Contract with VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ORDER 89-106 AMENDING ORDER 89-098 TO CORRECT EFFECTIVE DATE Before the Board was signature of order 89-106 amending Section 3 of Order No. 89-098 to correct the effective date which should have been January 1, 1990. THROOP: I'll move approval. MAUDLIN: Second. PAGE 4 MINUTES: 12/20/89 ~)9 - 0718 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. FEE REDUCTION FOR LAPINE SENIOR CENTER Before the Board was a request from the LaPine Senior Center for a reduction or waiver of Community Development permit fees for the expansion of their Senior Center on Burgess Road in LaPine. THROOP: I'll move approval for the 50% reduction. MAUDLIN: I'll second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $263,143.11. THROOP: Move approval subject to review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. RATIFICATION OF CHANGES TO LICENSE TO USE LAND FOR USE OF REDMOND SENIOR CENTER Before the Board was ratification of some changes to the License to Use Land for the County to use the Redmond Senior Center as an outreach Clinic. The License was changed to exclude the Central Oregon Council on Aging, and the Opportunity Foundation of Central Oregon from the Agreement since the Redmond Council for Senior Citizens now had exclusive authority over the building. The time of use was also changed to one Monday afternoon per month. MAUDLIN: I move ratification of change. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 5 MINUTES: 12/20/89 (194 - 0719 12. 13. 14. 15. QUITCLAIM DEED FOR ALBERT WILLIAM BORDEN Before the Board was signature of a Quitclaim Deed for Albert William Borden. Rick Isham said the property in question was at the intersection of Highway 97 and Finley Butte Road and had been vacated by the County. The abutting property owner who received the vacated right of way was refinancing his business and the bank was concerned about the chain of title on the property and requested a Quitclaim title for the 60 ft. strip. MAUDLIN: I move signature of Quitclaim Deed. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES APPOINTMENTS TO MCARDLE ROAD SPECIAL ROAD DISTRICT Before the Board was appointment of Don Pennington and reappointment of Griffin Lynch to the McArdle Road Special Road District. MAUDLIN: I move appointments. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DEVELOPMENT AGREEMENT WITH SUNRAY INC Before the Board was signature of a Development Agreement with Sunray, Inc. THROOP: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES MP-89-21 FOR COI AND THE CITY OF BEND Before the Board was signature of a Minor Partition MP-89-21 for Central Oregon Irrigation and the City of Bend. PAGE 6 MINUTES: 12/20/89 099 - 0 720 THROOP: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 16. CITY PLAT FOR AWBREY BUTTE HOMESITE PHASE 13 FOR BROOKS RESOURCES Before the Board was signature of a City Plat for Awbrey Butte Homesites Phase 13 for Brooks Resources. MAUDLIN: Move signature of Plat Awbrey Homesites. THROOP: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 17. FINAL PLAT FOR FAWN VIEW ESTATES Plat did not arrive and was removed from the Agenda. 18. SYSTEMS DEVELOPMENT CHARGES Karen Green gave the Board a report on a conference she attended regarding Systems Development Charges /Development Fees. She said the 1989 Legislature passed a bill which expressly authorized local governments to assess systems development charges but did not go into effect until July 1, 1991. She said that this bill codified the state of the law around the country as far as what was the minimum requirement in order to have a legally defensible systems development program, including dedicated fees, specific accounting requirements for the funds that were generated, and adoption of a clear formula for how the fees were determined and assessed. She said that anything that Deschutes County would do before the law went into effect would have to comply with all of the requirements and limitations of the bill. She said that a systems development charge was philosophically a user fee--a charge assessed to property at the time of development on a per lot basis to be paid by the developer to cover the costs which were the result of that development. The law required that in order to charge the fee, the cost had to not only be generated by the new development, but whatever was purchased with those fees had to benefit the new development. She said many cities in the West were already using systems development charges. PAGE 7 MINUTES: 12/20/89 i 099 °0721 She felt the County was now in a position to look closely at systems development charges because of the status of the County's tax revenues and development pressure in the County, particularly in the area of parks monies. She said systems development charges usually were charged to pay for off-site improvements, i.e. in the neighborhood or down the road. The further away from the benefitting property you get, the less benefit could be shown. The fees could be challenged if developers felt the benefit was not adequate. Since the new Highway 97 Bend Parkway would be of benefit to everyone in the area, systems development charges could be one source of funding for the County costs associated with the project. She said that in the new legislation, one of the required conditions for systems development charges after 1991 was a capital improvement plan. The communities that assessed these fees would have to have a clear plan for exactly how these fees were going to be spent, where to capital improvements would be located, and a clear way of tying the paying party to the benefit. The Board asked Karen Green to discuss the issue with the Cities of Bend and Redmond, who were also looking at systems development charges, and to get back to the Board with some recommendation on how to proceed. Karen Green said that the resources needed to develop a program i.e. the formula, the improvement plan, putting the package together, would be extensive, and it would be a while before her staff would be able to tackle the project. She said she had received some software at the seminar so that once the county came up with its data, there would be some formulas available to help develop the appropriate formula for the fee. 19. PUBLIC WORKS FUNDS Commissioner Throop reported that it appeared both gasoline tax revenues and timber receipts would be much lower than last year and lower than was budgeted. It was decided to have a meeting on the subject early next year. 20. APPOINTMENT OF BUDGET OFFICER Mike Maier asked the Board to appoint the Budget Officer for next year since application for the Property Tax Grant Program required that a full budget be submitted to the Department of Revenue by February 1, 1990. THROOP: I'd move appointment of Commissioner Maudlin as Budget Officer. PRANTE: I would second that. PAGE 8 MINUTES: 12/20/89 09-9 --0722 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 21. APPOINTMENT OF ACTING MENTAL HEALTH DIRECTOR THROOP: I would move Roger Kryzanek be appointed as acting Director. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 22. VARCO ROAD SURFACE MINING SITE EXTENSION FOR RECLAMATION Commissioner Throop said the Varco Road surface mining operation wanted a 30-day extension to allow their reclamation to be completed. Rick Isham and Karen Green agreed to the extension. THROOP: I'd move we provide a 30-day extension to provide for reclamation after the time that has been provided to get the material out of there. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois" istow Prante, Chair Ton Throop; Commissioner Maudlin, C mmissioner BOCC:alb PAGE 9 MINUTES: 12/20/89