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1990-21538-Minutes for Meeting June 27,1990 Recorded 7/17/199090_211•3L (1 , 0 16 2 MINUTES . DESCHUTES COUNTY BOARD OF COMMISSIONERS June 27, 1990 Chair Throop called the meeting to order at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Larry Rice, Public Works Director; Karen Green, Community Development Director; George Read, Planning Director; Brad Chalfant, Property Manager; Mike Maier, County Administrator. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, appointment of Justin Liversidge, Niles Eddy, Eldred Page, Pam Brixey and Al Dertinger to the Deschutes County Bicycle Advisory Committee; #2, signature of Development Agreement for the Turners; #3, signature of Declaration of Dedication from Pacific Power & Light for public right-of-way; #4, signature of Order 90-086 changing a section of Garnet Street to Jade Court; #5, signature of Order 90-087 naming existing unnamed access road Starlight Drive; #6, signature of Resolution 90-040 transferring appropriations; #7, signature of Order 90- 088 transferring cash; #8, signature of Resolution 90-041 authorizing Treasurer to borrow monies from the General Fund; #9, signature of MP-89-52 to create one additional parcel by Boyd Acres Road; #10, Chair signature of OLCC license application for the Fast Market; #11, signature of MP-90-8 on Highway 97 for Robert Windlinx; #12, signature of tax refund Order 90-091; #13, signature of MP-89-24 for Thomas McCart; #14, Chair signature of right-of-way Deed for Paul ina-Eastlake Road; #15, Chair signature of OEDD Contract and adoption of exhibits for Community Development Block Grant Funds for LaPine Sewer Technical Assistance Grant; and #16, signature of Resolution 90-043 raising the animal impoundment fees at Humane Society. PRANTE: Move the consent agenda. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 2. PUBLIC HEARING: ORDER 90-075 DIRECTING TRANSFER OF LAND TO LAPINE PARK AND RECREATION DISTRICT Chair Throop asked for a staff report. Brad Chalfant said the County-owned Fork in LaPine had been obtaiped from BLM a r; PAGE 1 MINUTES: 6/27/90 - 6/29/90 r" 'tl i "t 0Y63 number of years ago with the intent of being turned over to a park district some day. Since the LaPine Park and Recreation District had recently been formed, the County was in the process of transferring the property. The County was waiting for BLM to sign off on the transfer which should be done within the next several weeks. He recommended that the Board postpone making the transfer for one month. Chair Throop opened the public hearing. There being no one who wished to testify, Chair Throop closed the public hearing. Chair Throop announced that the decision on this issue would be postponed until August 1, 1990, at 10 a.m. 3. DECISION ON HOLT APPEAL ON HEARINGS OFFICER'S DENIAL OF CU-90-31 Before the Board was the decision on an appeal by Norman Holt of the Hearings Officer's denial of CU-90-31, a request to move an existing structure onto a lot in an RL zone. MAUDLIN: I would move that we uphold the Hearings Officer's denial on CU-90-31. PRANTE: Second. Commissioner Maudlin commented that there was no way the County could oversee and guarantee the length of time in which the necessary improvements could be made. Commissioner Prante said she felt the staff had made every effort to contact the applicant. Commissioner Throop said he concurred with the Hearings Officer's decision that this structure was not compatible with the neighborhood and would not be an appropriate use of the lot. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 4. COUNTY FUNDING REQUEST FROM CITIZENS FOR A TRANSPORTATION DISTRICT Before the Board was a request from the Citizens for a Transportation District that the County donate $1,000 for matching funds for a grant to research the transportation needs of the area. The City had already donated $1,000. PRANTE: Move approval of $1000 for the Citizens for a Transportation District. MAUDLIN: I'll second the motion. PAGE 2 MINUTES: 6/27/90 - 6/29/90 t 1 - 0-164 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Commissioner Prante left the meeting. 5. AWARD OF BID FOR SIDEWALK CONSTRUCTION Before the Board was the award of bid for sidewalk construction on SE 15th Street to Wilson Curb Construction who was the lowest bidder at $43,890.44. MAUDLIN: I would move we award the bid to Wilson Curb in the amount of $43,890.44. THROOP: I'll second the motion. VOTE: PRANTE: Excused THROOP: YES MAUDLIN: YES E I 6. DONATION TO SISTERS RECYCLING PROGRAM Before the Board was discussion on whether to support the Sisters' recycling program with a donation. THROOP: Chair would move that the Board authorize the Public Works Department, Solid Waste Division, to offer to pay up to $1,500 for a trailer unit that could be used for both curb side collection in the City of Sisters as well as a depot to be located at an appropriate site inside the City when it's not being used by City staff for curbside collection. And the second part of the motion would be then to verbally support the City of Sisters in its efforts to get into the recycling business recognizing that they are not bound by state mandate to do this, that this is voluntary on their part. MAUDLIN: I'll second the motion. Commissioner Maudlin expressed concern that if the full amount of the purchase was provided by the County, the City of Sisters might lose its momentum to raise money for the program. Chair Throop pointed out that it was not a City of Sisters' proposal but was from a independent group within the City of Sisters. The City of Sisters had a very strapped budget with higher priorities for their funds. He felt that if the County donated the $1500 it would be strong reinforcement for their efforts recognizing that they would have to do 100% of the implementation of the program. PAGE 3 MINUTES: 6/27/90 - 6/29/90 , Ih 1U U 7 6 5 Commissioner Prante came back into the meeting at this point and expressed her support for recycling in Sisters. She said there would be money in next year's Public Works budget to use for this purpose. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 7. ROAD MAINTENANCE AGREEMENT, ROAD DEDICATION, AND FINAL MYLAR MP-89-29 FOR THE NEUMANNS Before the Board was a Road Maintenance Agreement, Road Dedication and Final Mylar for MP-89-28 for Holm Neumann. The three new parcels were located southwest of Plainview. The Commissioners had expressed a concern about what the County's obligation would be by signing the Road Maintenance Agreement if the applicant did not maintain the roads to the satisfaction of the surrounding property owners. George Read said that in the past Road Maintenance Agreements had not been required, however the ordinance required some form of maintenance be provided for roads in a major land partition. Rick Isham said this agreement excluded the County from being a partner or joint venturer with the developer, however the issue raised concerning future maintenance liability was valid. He agreed that if the property owner did not maintain the roads properly, the County would be in the position of enforcing the agreement. He recommended that the Board j proceed with this agreement, but said he would work with the { Planning Department and the Road Department to find a better way to accomplish the objectives set forth in the ordinance so that the maintenance of the roads would truly remain the obligation of the property owners and not the County. i S PRANTE: I will move that we sign the Road Maintenance Agreement, Road Dedication and mylar MP-89-28 on three parcels southwest of Plainview for the Neumanns. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 8. RATE AUTHORIZATION OF BIOMEDICAL WASTE Larry Rice came before the Board on behalf of the franchise owners and Bend Garbage. He said that since Terry O'Sullivan appeared before the Board the previous Monday regarding medical waste rates, they realized they had left out a couple of items. They requested to add/change the following: boxes PAGE 4 MINUTES: 6/27/90 - 6/29/90 E . • i a j i0'1 U 16G should be listed as 35-40 gallons; cleanup for special services and repackaging should be $60 an hour plus out-of- pocket expenses for supplies; cold storage locker rate should be $18 a month; and pick up of waste outside of the Urban Growth Boundary would be a maximum transportation fee of r20. THROOP: Chair moves the four additions that Larry described. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 9. DEVELOPMENT AGREEMENT FOR LIGHT INDUSTRIAL SITE IN SUNRIVER BUSINESS PARK Before the Board was signature of a Development Agreement for the light industrial site in the Sunriver Business Park. George Read said this was a standard site plan for a development in the Sunriver Business Park which was approved administratively in May. They would manufacture small transmitters. MAUDLIN: I move signature of Development Agreement. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. APPROVAL OF CYSC MID-BIENNIUM REPORT AND GREAT START REPORT Before the Board was signature of letters to the State Children and Youth Services Commission approving the Deschutes County Children and Youth Services Commission Mid-Biennium Report and Great Start Report. PRANTE: I will make a motion to approve and sign the CYSC Mid-Biennium Report and Great Start Report that was presented. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 11. CYSC SUPPORT POSITION This issue was postponed to later in the meeting. PAGE 5 MINUTES: 6/27/90 - 6/29/90 s `S r 1 UU Ib r' 12. SHERIFF'S ASSOCIATION CONTRACT Commissioner Maudlin asked that this item be postponed until a recommendation was received. The contract had not been signed, and they were continuing with the existing contract until an agreement was reached. 13. PRICING SCHEDULE FOR LAPINE INDUSTRIAL PARK PROPERTY Before the Board was approval of the pricing schedule submitted by Brad Chalfant for the Lapine Industrial Park property. MAUDLIN: I move we accept the values as stated in Brad's recommendation. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 14. EAGLE ROCK SUBDIVISION AT LOWER BRIDGE George Read and Dave Jaqua, attorney for Eagle Rock Subdivision, came before the Board concerning the subdivision plat. George Read said that what remained to be completed on the subdivision plat was the conservation agreement and the environmental health approval. He said everything else was signed off. George Read recommended that the Board agree to sign the plat con.+;ingent on resolving the two remaining issues. Rick Isham said he had developed a trail dedication document to use when public access was deemed appropriate in the land use process. The concern was there might be some maintenance responsibilities that would fall on the County. He said he felt he was able to address the concerns raised by Dave Jaqua of public coming across private property to use the area and the discharge of firearms. He said the public trail easement was treated in state law like a public access road. Should an accident occur on a public access road which was not maintained by the County, the County would be excluded from any liability. The property owner would also have an exception from liability by reason of the trail easement. Dave Jaqua said Rick Isham's new language was much improved over the original conservation easement language. George Read recommended the Board make a motion to approve the plat for Eagle Rock Subdivision subject to approval of the Environmental Health Division and approval of the Conservation Easement. PAGE 6 MINUTES: 6/27/90 - 6/29/90 iU1 ^ Ul68 I f 1 .1 PRANTE: So moved. MAUDLIN: Second. Commissioner Throop said he wanted to make clear it that the motion was subject to review, and if there was one of the three Board members who wanted discussion on the record, then the issue would be brought hack to the full Board. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 15. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $290,005.95. PRANTE: Recommend signature upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 16. RESOLUTION 90-044 APPROPRIATING GRANT FUNDS Before the Board was signature of Resolution 90-044 appropriating $243,826 in grant funds from the State of Oregon Mental Health Division. MAUDLIN: Move signature. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 17. SIGNATURE OF MP-90-18 FOR MICHAEL LARRANETA Before the Board was signature of MP-90-18 a minor partition for Michael Larraneta. PRANTE: Move signature. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 7 MINUTES: 6/27/90 - 6/29/90 1 01 0,169 18. RESOLUTION 90-053 TRANSFERRING APPROPRIATIONS Before the Board was signature of Resolution 90-053 transferring appropriations in the amount of $295,750 within various funds of the Deschutes County Budget and directing entries. PRANTE: Move approval. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 19. TWO PERSONAL SERVICES CONTRACTS WITH B.E. SMITH Before the Board was signature of two Personal Services Contracts with B.E. Smith. The first was for fast track accountability contracting, contract monitoring, and associated bookkeeping for $30,000. The second was for comprehensive alcohol assessment and treatment service to mandated offenders for $9,600. MAUDLIN: I move approval of contracts. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Chair Throop recessed the meeting. Chair Throop reconvened t,je meeting at 1:30 p.m. 20. PUBLIC HEARING ON THE SEVENTH MOUNTAIN COUNTY SERVICE DISTRICT FY 1990-91 BUDGET Before the Board was a public hearing regarding Resolution 90- 049 adopting the 1990-91 fiscal year budget for the Seventh Mountain County Service District and Resolution 90-050 making appropriations of the Seventh Mountain County Service District budget for the fiscal year 1990-91. Chair Throop opened the public hearing. There being no one from the audience who wished to testify, the public hearing was closed. PAGE 8 MINUTES: 6/27/90 - 6/29/90 C 0110 PRANTE: I would move adoption of Resolution 90-049 adopting the 1990-91 fiscal budget for the Seventh Mountain County Service District and Resolution 90-050 making appropriations of the Seventh Mountain County Service District for the fiscal year 1990-91 upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 21. PUBLIC HEARING REGARDING THE DESCHUTES COUNTY 911 COUNTY SERVICE DISTRICT BUDGET FOR FY 1990-91 Before the Board was a public hearing regarding Resolution 90- 045 adopting the 1990-91 fiscal year budget for the Deschutes County 9-1-1 County Service District, and Resolution 90-046 levying ad valorem taxes for the FY-1990-91, and making appropriations of the Deschutes County 9-1-1 Service District budget for FY 1990-91. Chair Throop opened the public hearing. Jana Snowball, Director and Budget Officer for Deschutes County 911 Service District, clarified for the record that a typographical error had been made in the budget publication in the Bulletin. She said total capital outlay on the Financial Summary read $448,700 but should have read $488,700. There being no one else who wished to testify, the public hearing was closed. PRANTE: I would move that we adopt Resolution 90-045 adopting the 1990-91 fiscal year budget for the Deschutes County 9-1-1 County Service District, and Resolution 90-046 levying ad valorem taxes for the FY 1990-91 and making appropriation of the Deschutes County 9-1-1 Services District budget for the 1990-91 year. This is all upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 22. RESOLUTION 90-054 ADOPTING FY 1990-91 BUDGET FOR BLACK BUTTE RANCH SERVICE DISTRICT Before the Board was signature of Resolution 90-054 adopting the 1990-91 fiscal year budget for the Black Butte Ranch Service District. PAGE 9 MINUTES: 6/27/90 - 6/29/90 y f' i "fjI - 0*/Y1 PRANTE: Move adoption of 90-054. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 23. RESOLUTION 90-055 LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE BLACK BUTTE RANCH SERVICE DISTRICT Before the Board was signature of Resolution 90-055 levying ad valorem taxes for fiscal year 1990-91 and making appropriations for the Black Butte Ranch Service District for FY 1990-91. PRANTE: I move adoption of 90-055. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 24. RESOLUTION 90-047 ADOPTING THE DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT BUDGET FOR FY 1990-91 Before the Board was signature of Resolution 90-047 adopting the 1990-91 fiscal year budget for the Deschutes County Extension and 4-H Service District. PRANTE: Move adoption of 90-047. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 25. RESOLUTION 90-048 LEVYING AD VALOREM TAXES AND MAKING APPROPRIATIONS FOR THE DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT BUDGET FOR FISCAL YEAR 1990-91 Before the Board was signature of Resolution 90-048 levying ad valorem taxes for the fiscal year 1990-91 and making appropriations for the Deschutes County Extension and 4-H Service District Budget for the fiscal year 1990-91. PRANTE: Move adoption of 90-048. MAUDLIN: Second. PAGE 10 MINUTES: 6/27/90 - 6/29/90 1 0 1 - 0172 VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 26. PERSONAL SERVICES CONTRACT WITH ROSIE BAREIS DBA NEW WEST EDUCATIONAL SERVICES Before the Board was signature of a Personal Services Contract with Rosie Bareis dba New West Educational Services to serve as Administrative Consultant to the Deschutes County Children and Youth Services Commission. The contract included payment for office help and overhead. Commissioner Maudlin clarified that the office help covered by this contract would not be an employee of the County and, therefore, would not be covered by County health and accident insurance. PRANTE: I would move that we sign this Personal Services Contract. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 27. PUBLIC HEARING REGARDING ADOPTION OF THE DESCHUTES COUNTY BUDGET FOR FY-1990-91 Chair Throop asked for the staff report. Mike Maier went over the attached proposed adjustments to the 1990-91 budget and the estimated beginning cash for 1991-1992. After a lengthy explanation of those items, especially the Sheriff's fund -transfer from the general fund of $394,000. This discussion was continued until after the Surface Mining public hearing. Chair Throop recessed the meeting until 2:30 p.m. Chair Throop reconvened the meeting at 2:40 p.m. 28. PUBLIC HEARING ON SURFACE MINING ORDINANCES Before the Board was a public hearing on the following Surface Mining Ordinances: Ordinance 90-014 amending the Deschutes County Zoning Ordinance; Ordinance 90-025 amending the comprehensive plan to adopt the surface mining inventory; Ordinance 90-028 amending the comprehensive plan surface mining goals and policies; and Ordinance 90-029 amending the comprehensive plan by adopting ESEE decisions on individual mining sites and amending zoning maps to implement those decisions. PAGE 11 MINUTES: 6/27/90 - 6/29/90 .1 i 0 1 - 0173 Karen Green began the staff report. In 1988 the Board adopted two ordinances which were submitted to DLCD: one adopting an inventory with findings, and the other adopting the goal and policy statements for the comprehensive plan. The one remaining ordinance which had not been worked on was the ordinance adopting the individual site-specific ESEE determinations on all of the sites. When putting the whole package together, they determined they needed to make some revisions to both the inventory ordinance and to the goal and policy statements ordinance. Ordinance 90-014 was the latest version of the zoning ordinance which incorporated everyone's comments and changes from the last hearing. Ordinance 90-028 was the revised goal and policy statements ordinance which amended the comprehensive plan to replace the chapter in the comprehensive plan which described the general program for surface mining. Ordinance 90-029 was the ordinance which adopted all of the site-specific ESEE findings and decisions which was the bulk of the product. She said about 7/8th of the package was completed. The exhibits to Ordinance 90-029, which were the individual findings and decisions on the 100+ sites, were still being completed. She suggested the Board open the public hearing to take testimony and staff reports, and then continue the public hearing until July 11, 1990, at 2:30 p.m. Karen Green said they had made a few more revisions to the zoning ordinance since the version the Board had reviewed in late February. She said the changes were largely semantic. She had gone through the comments from DOGAMI, DLCD, mining operators, and the neighbors to be sure that they had come as close as possible to reaching a happy medium. They had streamlined the process, and a flow chart would be attached to show exactly the steps a miner would have to go through. They had been working with the parties who had taken an active role in advising them over the last few weeks, and they were sending them copies of these ordinances for final comments before the July 11th public hearing. She said because each of the ordinances interrelated, they needed to be submitted as a package. She had spoken with Brent Lake of DLCD about not meeting the deadline for submission, but not being late enough to require another formal extension. Brent Lake had agreed to the schedule change. She said the package would be given to DLCD prior to the next LCDC meeting in July. Chair Throop asked if there were any substantive changes to the zoning ordinance since their last review. Karen Green said that regarding the set back from streams, the streams had been defined as perennial streams and had been individually listed in the ordinance. Due to the court case out of Linn County, Section 11 under General Operations Standards had been reworded to make it clear that the mining operator must demonstrate affirmatively at the site plan PAGE 12 MINUTES: 6/27/90 - 6/29/90 0'L - 0774 review that all of the conditions had been met. The words "will be" were changed to ,is,, so that at site plan review the miner would be able to say "this has been done.,, change was in the Fish and Wildlife protection operation on standards, where they described the type of mitigation or the type of operation standards which would be necessary. Karen Green discussed Ordinance 90-028 which was the Goal and Policy Ordinance. She said she started from the Ordinance which had been adopted in 1988 and made minor changes in the policies to make sure it was consistent with what had been done in the zoning ordinance. In Section 4, they added some history and background on how the goal and policy statement had development. The bulk of the changes were in Exhibit A which was the text of the surface mining comprehensive plan element which would replace the one which was currently in existence. They verified that the projection of demand for aggregate, which was done in 1979, was still accurate based upon the current demographic and population data. This data would be used to justify why the County was protecting the amount of aggregate material which was being proposed. She said they were still projecting an annual demand of about 2 million cu. yds. of aggregate (rock, sand and gravel) for the next 20 years. This would total 40 million cu. yds. of aggregate while there was only approximately 53,500,000 cu. yds. of aggregate in the entire inventory of Deschutes County. Bruce White gave the staff report on Ordinance 90-025 which replaced the existing inventory ordinance which was adopted in December 1988. The reason the Board needed to re-adopt the inventory was to do some clean up. Several categories of sites had been dropped from the inventory: federal sites, storage sites, and irrigation sites where the material was used on the premises and not sold to the public. He said there were approximately 120 sites left on the inventory. Exhibit G was the inventory list with an ESEE determination. Exhibit J was the 1(b) sites which had been deferred because the Board had not felt there was enough information to make a decision. He said the inventory would also include maps of all the inventoried sites. Commissioner Throop questioned when the Board should take on the review of the 1(b) sites. Karen Green said two dates needed to be set: one for the 1(b) sites and the other for sites which hadn't made it onto the inventory but had previously been zoned SM or SMR. She suggested January 31 1991, as the deadline for submission of information and review of the approximately fifteen 1(b) sites. Commissioner Throop wanted to schedule the process so that the same Board members that started the process would follow it to completion (referring to Commissioner Prante leaving the Commission at the end of the year). Karen Green suggested the end of PAGE 13 MINUTES: 6/27/90 - 6/29/90 r. i 0 'l U 1 '15 September 1990, for redesignation of those sites which had previously been zoned SM or SMR. She said her department could begin immediately to request the missing information from the property owners. Bruce White pointed out that there was no deadline from LCDC indicating when this part of the process had to be completed; the rule only required that the County set a time line at the sime time the surface mining package was adopted. Karen Green recommended that if the information on the 1(b) sites was not received by the cut-off date, that the sites be dropped from the inventory. She had spoken with DLCD staff, and they were confident these sites could be dropped if no information was received. Commissioner Throop suggested having all the information in by December 1, 1990, and having the package completed by June 1, 1991, with the intent of starting the hearings on February 1, 1991. Commissioner Prante agreed with this schedule. Bruce White pointed out that the 53 million cu.yds. figure which Karen Green quoted earlier did not include the sites within the urban growth boundary. He said there was approximately 15-20 million cu. yds. of aggregate inside the urban growth boundary for a total of approximately 73 million cu. yds. Bruce White gave the staff report on Ordinance 90-029 which adopted the ESEE decisions on individual mining sites. He said the County had to demonstrate that the package complied with other goals in addition to Goal 5. He said findings 7 through 19 demonstrated how the package complied with the other statewide planning goals. Finding 20 demonstrated how the package complied with Goal 5. Subsections E and F stated which sites the County decided to zone SM and which sites were found to have conflicting natural resource land uses of greater value than the mineral resource and therefore, the County had chosen not to zone the sites SM. Decisions had to be made on what to zone those sites which were previously zoned SM or SMR but had been denied that zoning. The County also needed to clean up the residual sites which had been zoned SM or SMR in 1979 but, because they were on Forest Service land or their resources had been depleted, no longer needed SM or SMR zoning. This did not have to be done, however, before the submission of the package to DLCD. He proposed clarifying this zoning before September 30, 1990. He said the ESEE's were running 10-12 pages long per site, and there would be over 1,000 pages of decision documents to submit. Some of the ESEE's were coming in from attorneys for some of the sites. Commissioner Maudlin suggested that since the entire process had taken more time than anyone had anticipated, that more tire be allowed for completing the 1(b) sites. Commissioner Throop said the time line should not conflict with the busiest PAGE 14 MINUTES: 6/27/90 - 6/29/90 s :Ut U77G season (summer and fall) for the Community Development Department. Bruce White pointed out that portions of the package might come back from DLCD for changes. Karen Green said she felt there wasn't anything more that could be done to increase the chances of getting an acknowledgement from DLCD. Chair Throop opened the public hearing. There being no one in attendance who wished to testify, the public hearing was continued to 2:30 p.m. on July 11, 1990. Chair Throop recessed the meeting for a short break at 3:05 p.m. Chair Throop reconvened the meeting at 3:20 p.m. and continued the staff report on the Deschutes County budget. 27. (continued) DESCHUTES COUNTY BUDGET Mike Maier suggested setting up a building reserve fund/rainy day fund so that the County would have funds when expansion was necessary. He suggested considering this the next time the County went to the voters for an increase in the operating budget. The Board only had a difference of opinion on proposed adjustment #11 which was to increase the Community Development Department's budget by $297,236. Chair Throop felt that the revenue figure was too optimistic. He said he had spoken with Karen Green who was very uncomfortable with the projected revenue figure, and felt that it was too high. He said there was a $600,000 surplus in CDD with a budget of $1.2 million. He said the CDD department was unique in its revenue fluctuations and felt that some of the surplus should be carried forward for years when the revenue was down. Mike Maier stated that he felt the revenue figures were conservative and argued against lowering them. Commissioner Maudlin agreed with the revenue figures and pointed out that with the fee rate increases, the revenue generated would be considerably higher than last year. Commissioner Throop suggested budgeting revenue more conservatively and putting any additional revenues which might be generated into a reserve account for those years when revenues came in below what was needed to run the Department or for building remodeling/expansion. Commissioners Prante and Maudlin agreed it was a good idea to set up this type of reserve fund. Commissioner Throop suggested lowering contingency by $300,000 and lowering the revenue estimate for CDD by $300,000. Commissioner Maudlin said that if $300,000 was taken out of the Contingency Fund, he would not approve any requests out of that fund. He felt money should not be spent out of that fund unless it was going to be put back into that fund. Commissioner Prante said she would feel comfortable lowering CDD revenue by $100,000 by reducing the $1,051,000 in operating contingency to $951,000. Commissioner Throop supported Commissioner Prante's position, and the Board PAGE 15 MINUTES: 6/27/90 - 6/29/90 0 if G r~ 101 T 07*17 directed Mike Maier to make the appropriate adjustments. Mike Maier said he made a mistake on the Air Service Task Force which showed $2,500 but should be $5,500. He said it should have been taken out of the professional services line. The Board authorized Mike Maier to make the adjustment during the course of the 1990-91 year. Commissioner Throop mentioned that the County would be required to fund $3,000 of the $6,000 match for the Technical Feasibility study for the LaPine Sewer District expansion. He said there was probably ample room in the Industrial Development fund to do it. Commissioner Throop brought up the three-month hiring freeze of new positions. He said that in addition to the emergency conditions in CDD, he felt the Board should declare an emergency for the Assessor's office and allow the immediate hiring of the Cartographer I and AOII positions while the two new Property Appraiser Its could be filled as quickly as the process would allow. The other Commissioners agreed. Chair Throop continued the meeting to Friday, June 29, 1990 at 2 p.m. Acting Chair Maudlin reconvened the meeting at 2:20 p.m. on Friday June 29, 1990. Board members in attendance were Dick Maudlin and Lois Bristow Prante. Also present were Mike Maier, County Administrator and Rick Isham, County Legal Counsel. 27. (continued) DESCHUTES COUNTY BUDGET Acting Chair Maudlin opened the public hearing on Resolution 90-051 adopting the Deschutes County Budget for FY 1990-91 and Resolution 90-052 Levying Ad Valorem Taxes for FY 1990-91 and making appropriations of the Deschutes County Budget. There being no one who wished to testify, the public hearing was closed. PRANTE: So move we sign Resolution 90-051 and Resolution 90-052. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 1 PAGE 16 MINUTES: 6/27/90 - 6/29/90 i01 0l'18 29. ORDER 090-92 TRANSFERRING AND DISTRIBUTING MONEY FROM THE LAND SALES FUND Before the Board was signature of Order 90-092 transferring and distributing certain monies from the Land Sales Fund. PRANTE: Move signature of Order 90-092. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 30. PUBLIC WORKS REQUEST FOR WAIVER OF BID AND PERFORMANCE BOND REQUIREMENTS Before the Board was a request from the Public Works Department for a waiver of the bid and performance bond requirements for the purchase of equipment. According to the Public Works Department, bid and performance bonds on equipment purchases increased the cost approximately 5% and tended to eliminate competition from small manufacturers or suppliers who otherwise could supply satisfactory equipment in accordance with bid specifications. Rick Isham said they had an automatic cancelation provision so that if the equipment was not delivered by a certain date, the County could cancel the contract. PRANTE: I will move that we waive the bid and performance bond requirements for the purchase of equipment for Public Works. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 31. CONTRACT AMENDMENT WITH CHILDRENS SERVICES DIVISION FOR SEX OFFENDER TREATMENT Before the Board was chair signature of a contract amendment with the Childrens Services Division for the sex offender residential transition program in an amount not to exceed $29,537. 9 PRANTE: Move signature. MAUDLIN: Second the motion. PAGE 17 MINUTES: 6/27/90 - 6/29/90 J1 - 0779 VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 32. ORDER 90-093 CANCELLING UNCOLLECTIBLE PERSONAL PROPERTY TAXES Before the Board was signature of Order 90-093 cancelling uncollectible personal property taxes in the amount of $3,657.44. PRANTE: Move signature of Order 90-093. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 33. RESOLUTION 90-056 TRANSFERRING APPROPRIATIONS WITHIN VARIOUS FUNDS Before the Board was signature of Resolution 90-056 transferring appropriations taithin various funds. PRANTE: Move signature of 90-056. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 1 34. RESOLUTION 90-057 APPROVING THE OREGON BUSINESS DEVELOPMENT FUND PROJECT PROPOSAL BY HI-TEK TRUSS. INC. Before the Board was signature of Resolution 90-057 approving the Oregon Business Development Fund Project proposal by Hi- Tek Truss, Inc. PRANTE: Move signature of Resolution 90-057. MAUDLIN: I'll second the motion. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 1 PAGE 18 MINUTES: 6/27/90 - 6/29/90 14 1 :I iUl 0,180 35. RESOLUTION 90-058 TRANSFERRING APPROPRIATIONS WITHIN THE 1989- 90 DESCHUTES COUNTY EXTENSION AND 4-H SERVICE DISTRICT BUDGET Before the Board, acting as the governing body for the Deschutes County Extension and 4-H Services District, was signature of Resolution 90-958 transferring appropriations within the 1990-90 Deschutes County Extension and 4-H Service District Budget. PRANTE: Move signature of 90-058. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: Excused MAUDLIN: YES 36. WARRANT VOUCHERS Before the Board was approval of bills in the amount of $167,548.66. PRANTE: Move approval upon review. MAUDLIN: Second the motion. VOTE: PRANITE: YES THROOP: Excused MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS 27~ -~'4LOis alicstow Prante Commissioner om'Throdp, Chair D AkMa./dl/~~%~~~ f in, Commissioner BOCC:alb PAGE 19 MINUTES: 6/27/90 - 6/29/90 L; U l V/81 1990-1991 DESCHUTES COUNTY BUDGET PROPOSED ADJUSTMENTS Following is a list of the proposed adjustments to the 1990-1991 Deschutes County budget. They are listed in order of appearance on the budget document. 1. The beginning cash balance is increased from $1,650,000 to 51,950,000 Several revenues budgeted for the 1989-90 fiscal year came in greater than expected. The measurable ones are as follows: beginning cash, $319,000; prior year taxes, $175,000; property taxes, $135,000; Senate Bill 1065, $70,000; electrical cooperatives, $48,000; Clerk's office fees, $46,000; Community Development, ;800,000; Treasurer, $151,000. 2. Transfer from Sheriff $400,000 This is a revenue to the General Fund from the Sheriff's fund. The money is payment for a loan made to the Sheriff's Fund during the 1989-1990 fiscal year, however, this is not new money available for other expenditure because the general fund will advance the money so that. it can be paid back. This procedure must be done in order to comply with local budget law. This cash loan from the general fund to the Sheriff's fund was necessary because of the following factors: (a) Sheriff's fund beginning cash was $64,000 short (b) $53,000 revenue budgeted from Community Corrections was not received (per community corrections grant) (c) overtime costs in the jail exceeded the budgeted amount by over $60,000 I (d) board of prisoners expenses were $10,000 over budget (e) equipment maintenance exceeded budget by $7,000 (f) jail remodeling expense was $93,000 over budget (g) the mental health contract of $30,000 was not budgeted The vast majority of these expenses were due to the effects of the jail litigation the County experienced during the fiscal year. PAGE -1- PROPOSED ADJUSTMENTS 1990-1991 0 t - 0 '18 2 3. Increase Assessor's personal services line by $4,140 The appraising technician position was underbudgeted. 4. Increase in BOCC revenue by $1200 I have been advised that we will receive additional administrative support revenue. The additional funds are placed in capital outlay line. 5. Reinstate the requested senior programmer analyst By shifting funding for an animal control officer from the Sheriff's fund to the animal control fund for specialized equipment from the Sheriff's fund to the drug fund, this produced a $35,000 reduction in the general fund transfer to the Sheriff. The new position will direct all their efforts in the criminal justice area. In turn, additional programming efforts will be directed to nonlaw enforcement operations. 6. Building Maintenance extra help line to $4,000 This is the same amount budgeted for 1989-1990. This will allow for vacation coverage and for help on special projects. 7. Increase capital outlay in Building Maintenance by $153,600 Several major projects were not addressed during the initial budget process. This is due to either the levy defeat or the problems were not known. The additional expenses are as follows: nurse parking, $15,000; justice building roof, $100,000; Pilot Butte parking lot, $25,000; juvenile justice building remodel for Community Corrections, $15,000. 8. Increase the District Attorney's personal services by $5,253 Eliminated an office assistant ITI position and replaced it with a support services manager. Also reclassified the office assistant V to an office assistant IV (frozen salary). 9. Increase the Juvenile Division budget by $10,000 I 1 10. It is projected that Juvenile will receive $10,000 more in room and board fees. The additional funds are being used to upgrade a vacant office assistant I to an office assistant II. An additional $7500 is also being budgeted to upgrade office equipment. Increase Treasurer's capital outlay by $3,000 This expenditure will provide for a night deposit box (like banks) for the Treasurer's Office. This will be used for after-hour deposits from departments and the public. PAGE -2- PROPOSED ADJUSTMENTS 1990-1991 11. CDD projects an increase in revenue totalling $293,182. These funds will be used to hire additional staff and to purchase additional supplies and equipment. In total, there are 6 additional positions over what was initially approved in which there were an additional 7 positions. Therefore, the total additional authorized personnel in CDD for the 1990-1991 fiscal year is 13 positions. 12. Library fund transfer from general fund is increased $61,956 This is the amount needed in order to maintain current staff and service levels in the library. l` 13. Sheriff fund transfer from the general fund is increased td, $394,000 This is the amount budgeted in order to balance the Sheriff's fund. There were several adjustments in the Sheriff's fund, and they are as follows: reduction from 3 law enforcement technicians to 2; the other technician will be paid out of the animal control fund; an adjustment in specialized equipment to allow for the purchase of a radio base station (the current base station is obsolete and continually breaks down); an increase in the transfer line from the Sheriff's fund back to the general fund in the amount of $400,000 (this repays the loan made in 1989-90) ; a decrease in the specialized equipment line in the jail by $1,000; an increase in the food expense line in the jail of $8,000 (this is due to the average daily population increase in the juvenile facility). 14. The overal) road fund budget was reduced $200,000 With forest receipts projected to be reduced $200,000 the following adjustments were made: (a) equipment rental reduced $20,000 (b) pre-employment exams (drugs) increased $2500 (c) city projects reduced $30,000 (d) traffic safety projects reduced $60,000 (e) bridge construction increased $15,000 (f) contingency reduced $37,500 15. The solid waste budget was increased $70,000; there were also expenditure adjustments Refunds and adjustments were increased $139,000. This is money reimbursed to franchise haulers for recycling expenses. PAGE -3- PROPOSED ADJUSTMENTS 1990-1991 8 d Normally, this money would be transferred to the recycling fund, but budget law does not allow us to increase that fund by more than 10 percent; therefore, the payment will be made directly from the solid waste fund. The contingency fund was reduced by $39,000, and the unappropriated balance was reduced by $30,000. 16. The personal services line in the animal control fund was increased by $18,454 In order to support a full-time law enforcement technician (shifted from the Sheriff's fund), the contingency was reduced to $5,000 and the unappropriated balance was reduced $13,454. 17. Children and Youth Services fund was modified The changes in the CYS fund reflect the exact changes recommended by the commission. 18. Mental Health Services increased their overall budget by $265,029 There is a projected increase in the beginning cash balance for some dedicated grant projects ($65,208). Also, there is a known increase in the state grant amounting to $72,979. Because there always are grant amendments during the course of the fiscal year, we built in an additional $125,659 in grant revenues. On the expenditure side, changes reflect recent changes in personnel assignment in the personal services category amounting to an increase of $14,079. The materials and services category reflects cost for rent (Redmond), increased allowance for emergency holds, and dedicated program cost increases. In capital outlay, the cost increase is for the purchase of a grant-funded personal computer. The transfers reflect the increase in personnel services. Something new we have added is a contingency; this will be utilized in the event additional grant funds are realized. 19. Adjustments in the liquor enforcement fund The liquor enforcement fund has been adjusted in order to provide for a full-time office assistant III in the District Attorney's budget. 20. Community Corrections fund was increased by $5,000 We are anticipating an additional $5,000 in the Community Corrections fund. This money will be used to offset the expense for the Community Corrections facility director who was originally funded one-third in the jail, one-third in the probation violation center, and one-third in Community Corrections. With the levy defeat, the position is now funded half in the jail and half in Community Corrections. PAGE -4- PROPOSED ADJUSTMENTS 1990-1991 iO~ ~ O1~5 21. Insurance fund _expenditures and revenues are modified There is a slight increase in the revenues in the insurance fund amounting to $4,570. However, there are some adjustments in the expenditure lines. (a) a new line titled "environmental control" has been added in the amount of $100,000 (b) a building acquisition line has been added at $410,000 (c) operating contingency has been reduced $100,000 (d) unappropriated balance has been reduced $405,430 22. Vehicle maintenance/replacement fund has been increased $36,000 Additional funds have been allocated for vehicle purchases, primarily for Juvenile and Community Development. 23. Government Center fund has been increased 41,000 This is the maximum allowed under local budget law for an increase. The increase is due to the fact that funds budgeted in 1989-1990 have not been expended. In order to complete the project, it might be necessary to use general fund contingency appropriation. PAGE -5- PROPOSFO ADJUSTMENTS 1990-1991 U 186 BEGINNING CASH 1991-1992 The proposed adopted budget is based upon a beginning cash balance in the general fund in the amount of $1,950,000. If the general fund is to maintain at the 1990-1991 staffing level in 1991-1992, a like beginning cash balance must be attained. In the event a like cash balance is not generated, then reductions in expenditures are necessary. 11 A projection for the 1991-1992 general fund beginning cash balance is estimated at $1,609,565. This amount is based upon the following assumptions: 1. The general fund contingency will not be utilized unless unanticipated revenues are received. $1,051,358 2. Revenues in the 1990-1991 budget will exceed projections by 2 percent. $ 308,602 3. Departments will generate a 2.5 percent salary savings during the course of the fiscal year. $ 165,544 4. Departments will underexpend their materials and services lines by an average of 5 percent. $ 85,061 TOTAL: $1,609,565 Therefore, in order to maintain 1990-1991 levels in 1991-1992, it will be necessary to reduce expenditures in the 1991-1992 budget by $340,435. In order to accomplish this task, the first area of expenditure level reductions will be in capital outlay. The 1990- 1991 general fund budget proposes total capital outlay expenditures at $523,534. While it is unlikely that this entire amount would be elimimated in the 1991-1992 fiscal year, it is safe to predict that several individual expenditures contained within this amount will not reoccur, for example: $100,000 justice building roof $ 80,000 telephone upgrade $ 18,000 signature verification lease $ 8,500 office equipment in Juvenile $ 4,000 check endorser $ 3,000 night deposit box $ 40,000 parking lot improvements $ 10,000 storage loft $ 8,000 nurses improvements $ 15,000 juvenile building remodel $ 40,000 specialized equipment in CDD $403,000 TOTAL Y BEGINNING CASH 1991-1992 10 .I PAGE -2- JUNE 26, 1990 Unless there are some major unanticipated capital expenditures, it is projected that the beginning cash in 1991-1992, coupled with a reduction in capital outlay, should be adequate to support a maintenance of operation. It should be noted that this long-range projection is based upon the assumption previously mentioned in addition to the assumption that inflation is contained and health insurance expenses do not go through the roof. MAM/scm