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