1990-36806-Minutes for Meeting November 26,1990 Recorded 12/7/199090-36806
105 - 1460
tr,IC~o~I~ME~
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
November 26, 1990
Chair Throop t opened the meeting at 10:10 a.m. Board members in
atWn"A4 tiaere Dick Maudlin, Tom Throop and Lois Bristow Prante.
Also present were: Rick Isham, County Legal Counsel; Darrell
Davidson, Sheriff; Mike Johnston, Sergeant; Brad Chalfant, Property
Manager; Michael Dugan, District Attorney, and Karen Green,
Community Development Director.
1. DECISION ON BEND PARKWAY
Karen Green informed the Board that the Ordinance amending the
Comprehensive Plan for the Bend Parkway was not ready and
asked that it be postponed one week. The Board agreed to
postpone their decision until Wednesday, December 5, 1990.
2. REQUEST FOR REPURCHASE OF PROPERTY ALONG TEAL ROAD
John Helle, 19411 Dayton Road, came before the Board to
request approval for the repurchase of 20 acres along Teal
Road (181306-00-01500). Mr. Helle had not been the property
owner prior to the County taking possession, but wished to
provide the prior owner of record with sufficient cash to
petition the Board for a repurchase pursuant to ORS 275.180.
He said this was a hardship case in that the previous owners
were divorced and the wife was mentally ill. Some money would
go to the care for the wife and support for their four
children. They had moved frequently and had not received
notice of the foreclosure. Mr. Helle said he was not a
professional land developer, but would like to purchase the
property to fix up for a rental or for resale. He didn't feel
that removing this property from the proposed park in the area
would make a significant difference in the park since it would
only be 2-1/2% of the total park area.
Brad Chalfant said the mobile home on the property had been
completely trashed and wouldn't be usable, and the property
had no water or septic system.
Mr. Helle said the back taxes owed were approximately $9,000
and that the property was assessed for approximately $32,000.
Commissioner Prante pointed out that the law allowed for the
repurchase of repossessed property for the benefit of the
previous property owner, not a new owner/developer, and she
felt this deal would primarily benefit Mr. Helle. If the
property were to be sold, it should be sold for 80% of the
appraised value at a public auction with the funds distributed
to the taxing districts in Deschutes County.
PAGE 1 MINUTES: 11/26/90
1 1.
105 1461
Commissioner Maudlin agreed that the law was not intended to
be used for this purpose and wanted the property to be sold
at auction.
Commissioner Throop agreed that the property should not be
repurchased so it could be sold to Mr. Helle, but he wanted
the property to be saved for a park or for trading stock for
other property more strategically located for a park in this
area.
MAUDLIN: I would move that we do not approve repurchase of
this property.
PRANTE: I would second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
3. JUSTICE COURT/TRAFFIC SAFETY TEAM
Darrell Davidson and Mike Johnston came before the Board to
discussion the formation of a Justice Court to fund the
Traffic Safety Team. They presented the Board was an
extensive packet of information on their proposal, a part of
which is attached to these minutes.
Commissioner Throop felt the Justice Court was a good option
because the law allowed the County to keep 100% of the funds
generated by traffic fines to stay in the County, so why would
the County want to rebate 50% of that money to the State.
Mike Johnston mentioned that the Justice Court could move from
community to community so that people from outlying areas
would not have to come to Bend to appear in court. He said
he had spoken to several members of the Oregon State Bar, and
they had expressed interest in the position alleviating the
concern that a qualified attorney could not be found to act
as judge for the Justice Court. The Traffic Safety Team was
now operating four days a week during the day shift and five
days a week on the night shift, and they wanted to increase
coverage to seven days week on both the day and night shifts.
They had looked extensively at the Lane County Justice Court
system which had been able to fund their traffic program while
increasing the number of deputies involved. Lane County had
a 90% collection rate and a 97% court appearance rate.
Darrell Davidson would be contacting the Cities of Bend,
Redmond, and Sisters to see if they would be interested in
participating in a Justice Court with Deschutes County. If
a joint court were approved, 50% of the fine revenue generated
PAGE 2 MINUTES: 11/26/90
105 1462
would be returned to the cities. Rick Isham felt that the
City of Bend would not be able to participate since it had a
District Court within its city limits.
Michael Dugan spoke in support of the Justice Court if funds
were made available for the hiring of an additional Deputy DA
to handle the increased work load resulting from the Traffic
Safety Team. Commissioner Throop asked him if he would still
support the Justice Court if no funds were allocated for
increased staff in his office until the program had stabilized
and was taking in more money than it cost to operate. He
suggested that an additional Deputy DA would be the first
priority considered when the Justice Court brought in more
funds than were necessary to operate the court and the Traffic
Safety Team. Michael Dugan agreed but wanted to reiterate the
need for additional staff as soon as possible.
The Board agreed to continue this discussion on Monday,
December 17, 1990.
4. ORDINANCE 90-040 DISCHARGE OF FIREARMS DISTRICT
This items was postponed one week.
5. AMENDMENT TO TERM BUSINESS LOAN AGREEMENT WITH CONSEP
MEMBRANES, INC.
Before the Board was signature of an Amendment to Term
Business Loan Agreement with Consep Membranes, Inc.
PRANTE: I would move signature.
MAUDLIN: Second.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
6. WEEKLY WARRANT VOUCHERS
Before the Board
$353,184.26.
PRANTE: Move app:
MAUDLIN: Second.
VOTE: PRANTE:
THROOP:
MAUDLIN:
were weekly bills in the amount of
roval upon review.
YES
YES
YES
PAGE 3 MINUTES: 11/26/90
105 • 1463
7. DESIGNATION OF COMMISSIONER MAUDLIN TO HOLD PUBLIC HEARING ON
PURCHASE OF FOURSQUARE CHURCH PROPERTY
Before the Board was a request that Commissioner Maudlin be
authorized to hold a public hearing on the Board's behalf,
regarding the issuance of private activity bonds for the
purchase of the Foursquare Church Property to be used for a
youth services complex. Commissioner Maudlin was the only
Commission member available to hold the public hearing due to
the other Commission members attendance at the Association of
Oregon Counties conference being held the remainder of the
week.
PRANTE: I would move that Dick Maudlin be designated to hold
the public hearing on November 28th.
MAUDLIN: I'll second the motion.
VOTE: PRANTE: YES
THROOP: YES
MAUDLIN: YES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Lois istow Prante, Commissioner
I 4A
Tom Throop, Chair
e4 - /dl Commissioner
BOCC:alb
PAGE 4 MINUTES: 11/26/90
` v~ES c
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1464
A Sheriff's Department
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1100 N.W. Bond Street / Bend, Oregon 97701 / (503) 388-6655
Darrell D. Davidson Sheriff
TO: BOARD OF COUNTY COMMISSIONERS
FROM: DARRELL D. DAVIDSON, SHERIFF
RE: SOPPADA ON FORMATION OF A COUNTY JUSTICE COURT, IN
DESCHUTES COUNTY.
DATE: 11/19/90
SUBJECT:
The formation of a Justice Court System in Deschutes County.
The revenue from a Justice Court System will be directed
toward traffic safety in Deschutes County.
OBJECTIVE:
Traffic safety in Deschutes County became a critical issue in
the late 19801s, because approximately 700 people per year
were being seriously injured, and an average of 21 per year
were being killed. Since the formation of the Deschutes
County Sheriff's Office Traffic Team, only about 300 people
per year are being seriously injured, and the fatalities have
been reduced to 17 per year. The objective of this proposal
is to make the funding available to continue the DCSO Traffic
Team.
PRESENT SITUATION:
The DCSO fields the Traffic Safety Enforcement Team,
consisting of one Sergeant, and three Deputies, their sole
purpose is the enforcement of traffic laws, the safe and
uninterrupted flow of traffic in Deschutes County, and
investigaton of accidents. About fifty percent of the
funding for this team comes in the form of 408-DUI Grant
Funds, from the Oregon Traffic Safety Commission; and fifty
percent of the funds are matching local funds. The local
funds come from Solid Waste, The Road Department, and fines
and fees from the District Court.
Page 2
105 - 1465
The District Court revenue is far short of being what should
be collected, due to inadequate collection procedures, poor
book keeping, and other problems within the State Court
System.
The grant funds for this project will probably end in 1992,
and there will be no funding available to continue this
project. This project is of vital importance to the citizens
of Deschutes County, in that Deschutes County has been a
safer place in which to visit, live and travel since the
inception of the Deschutes County Traffic Safety Enforcement
Team.
Part of the traffic problem has also come as a result of the
State Police budget short-falls, staffing short-falls, and
other areas, in that the Deschutes County Sheriff's
Department is now providing eighty percent of the citations
to Deschutes County District Court; And OSP is only providing
twenty percent.
PROPOSAL:
The proposal is for Deschutes County to form a Justice Court
District to encompass Deschutes County in its entirety, with
a roving Justice of the Peace, who could hold Court at the
27th Street Complex, which is outside of the City Limits of
Bend, Oregon; at the La Pine Sub Station, at the Redmond City
Hall, or Sheriff's Sub Station, and at the Sisters City Hall.
This Court could be formed to fund Traffic Safety in
Deschutes County, per ORS 51.020.
This program could initially fund the current staffing levels
of one Sergeant and three Traffic Deputies, vehicle, gas, and
other expenses for the Deschutes County Sheriff Department
Traffic Safety Enforcement Team, with any excess funds to be
used to expand the Traffic Safety Enforcement Team, so it
could cover seven days a week, both night and day shifts,
rather than the four days a week, night shift; and four days
a week, day shift that it covers now.
Funds generated would be available to fund the court Staff
of one Judge, one Chief Clerk, and two Clerks.
The Court would be set up to try only infractions and
violations. This would remove a substantial load from
District Court. The County would receive one hundred percent
of the revenue generated by fines and forfeitures in Justice
Court by the Sheriff's Department.
Another section that could be looked into is contracting with
the cities to do Court services in lieu of Municipal court,
per ORS 51.035.
Page 3
10-5 ~ 1466
D.C.S.O. STAFFING LEVELS:
Sergeant Wages
Benefits
Deputies Wages
Total
Benefits
Total
Clerical Position Wages
Benefits
$2,882.48
$1,699.83
$2,560.08
$7,680.24
$1,412.55
$4,237.65
$1,400.51
$ 647.42
per month
per month
per month-times 3
per month
per month-times 3
per month
per month
per month
overtime
for Entire Team
TOTAL PERSONNEL COSTS
$2,000.00 per month
$ 20,548.13 per month
OPERATING EXPENSES IN ENTIRETY $4,208.33 per month
(Includes travel, office
expenses, printing, equipment
and other costs)
TOTAL COST FOR DCSO STAFFING AND OPERATION
.................$24,756.46 per month
Page 4
JUSTICE COURT STAFF:
105 - 1467
Judge
Wages
$2,882.48
per
month
Benefits
$1,699.83
per
month
Chief
Clerk Wages
$1,610.58
per
month
Benefits
$ 744.93
per
month
Clerk
Wages
$1,451.00
per
month-times 2
Total
$2,801.02
per
month
Benefits
$ 647.42
per
month-times 2
Total
$1,294.84
per
month
TOTAL
PERSONNEL COSTS
$11,033.68
per month
ESTIMATED COURT OPERATING
EXPENSES .......................$10,033.33 per month
This includes lights and power, telephone, rents and
payments, printing, data processing, postage, indirect
expenses, office supplies, travel, furniture, and data
processing equipment.
MONTHLY TOTAL COST OPERATIONS
Sheriff's Office $24,756.46
Court $21,067.01
MONTHLY TOTAL EXPENSE......... $45,823.47
YEARLY TOTAL COST $549,881.64
Page 5 10 5 . 14 6 8
STATISTICAL CITATION INFORMATION:
Deschutes County Sheriff's Office
The D.C.S.O. writes approximately one-thousand citations per
month; Less five percent for Failure To Appear, and five
percent for dismissals (documented averages), the remainder
is 900 citations per month. With an average fine per
citation of $60, that equals $54,000 per month. This times
twelve is $648,000 per year.
To meet the projected expenses for this proposal, figuring an
estimated 900 citations per month, the average fine would
need to be $50.91 per citation.
Oregon State Police Citation Information
The Oregon State Police wrote 4,676 moving violations last
year. Considering that they might choose to participate in
this court system, and if they did, ideally twenty-five
percent of their moving violations would be written into
Justice Court, for 1,169 per year, or 98 per month (figuring
also a $60 average revenue off of each of those citations) ;
Approximately $5,844.60 could be generated from them, of
which the County would receive one half. This figures out to
about $2,922.30 per month. This times twelve is $35,067.60
per year.
Bend Police Department
The Bend Police Department wrote a total of 4,540 citations
for infractions during the past year. With a five percent
Failures to Appear, and a five percent dismissal rate, that
rounds off at 4,450 citations. The violations inside of the
city are often not as serious as those in the county; so one
may assume that they average a fine of $30. The estimated
sum is $133,500 divided by two, equaling the possibility of
$66,750 in additional revenue, per year.
Page 6 1 0 5 14 6 9
Redmond Police Department
The Redmond Police Department wrote 1,115 citations for
infractions. A five percent Failure to Appear rate and a
five percent dismissal rate leaves 1,005 citations; Again
with an average fine of $30, this equals $30,150, divided by
two, this equals $15,075 per year.
Sisters Police Department
The Sisters Police Department wrote 658 infraction citations.
Figuring a five percent Failure to Appear, and a five percent
dismissal rate, an estimate would be 528 citations, with an
average fine of $30, This would equal $15,840, divided by
two, the possible generated revenue to Deschutes County is
$7,920 per year.
If each and every agency that I have mentioned were to
participate with the expected revenues, that could be a total
of $743,589.60 per year. That sum divided by twelve, comes
out to $61,965.80 per month.
ADVANTAGES:
The most obvious advantage would be that one-hundred percent
of the Court revenue would go to the County from the
Sheriff's Office citations. Fifty percent of any State Police
generated revenue would go to the County. Fifty percent of
any City generated revenue would go to the County. The
county would have some say in how efficiently the court was
run, and how the books were kept, and other areas of
importance; And those who cause the problems within our
county would be the ones supporting the program.
The biggest advantage of this would be the continuation of
the Deschutes County Traffic Safety Enforcement Team, with
expansion available in the future for the needed coverage of
the other days of the week, and hours of the day, that are
now left uncovered, as a result of having only one Sergeant
and three Deputies.
Also the Traffic Safety Enforcement would not be phased out
when the Grant Funding ends.
Page 7
105 • 1470
Another advantage that Lane County has recognized as a result
of having their own Justice Court System is a substantial
savings in overtime expenses. This is accomplished by
coordinated court scheduling in cooperation with the Deputies
schedules. Currently a deputy might have three or four court
appearances for minor traffic in one week. Lane County
schedules a two hour block of time, once a week for the
deputies traffic cases. This time block has been arranged so
that it is either on the deputy's shift, or at the start or
end of the shift, thus eliminating numerous four hour minimum
overtime callbacks.
An advantage to the citizens of Deschutes County would be the
fact that court could be held in each area of the county,
thus eliminating the need for a Sisters, Redmond, or La Pine
area resident driving all of the way to Bend, to appear on a
minor traffic violation.
Deschutes County should, if at all possible appoint a member
of the Bar, as a Justice of the Peace. I know of several
members of the Bar who would be interested in assuming that
position. This would defeat many arguments against the
Justice Court Proposal. ("Kangaroo Court" and other assorted
arguments that might be heard)
The advantage to acting on this immediately is that I have
information that the State Court System intends to Lobby the
Legislature to prohibit Justice Courts being formed where
there is a District Court in operation in that county.
Information is that those Justice Courts that are in
operation will be allowed to remain in operation under a
"Grandfather Clause".
DISADVANTAGES:
The disadvantage to this is obviously another section of
local government to be contended with by the commissioners.
I think the advantages far outweigh this disadvantage.
Page 8
ACTION RECOMMENDED:
105 -0 1471
That the Commission move immediately to establish a Justice
Court District within the County of Deschutes; To find the
appropriate personnel to staff that Court, the appropriate
locations to hold the Courts, appropriate any necessary funds
to get under way, dedicate any forthcoming funds from the
Justice Court to Traffic Safety, and eventually to expand the
Deschutes County Sheriff's Department Safety Enforcement Team
to no less than six Deputies, and one Sergeant.
It is understood that any General Fund Dollars expended in
the formation of this court would be reimbursed (with
interest) within the first eighteen months of operations.
Respectfully submitted,
Darrell D. Davidson, Sheriff
DDD:cj