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1991-18112-Minutes for Meeting June 05,1991 Recorded 6/20/1991"V'' MINUTES 10s 1'745 DESCHUTES COUNTY BOARD OF COMMISSIONERS June 5, 1991 c:. Chairman Maudlin called the meeting to order at 10:05 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Rick Isham, County Counsel; Bruce White, Assistant County Counsel; Larry Rice, Public Works Director; Mike Maier, County Administrator; Frank Moore, Mental Health Director; Ralph Delamarter, Librarian; and Kevin Harrison, Senior Planner. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval of Public Works Director's signature on DEQ Grant Application for funds to purchase plastic granulator for Bend Recycling Team; #2, award of contract for purchase of liquid asphalt to Albina Fuel Company; and #3, approval of Amendments #28 and #29 of the 1989-91 Mental Health Intergovernmental Agreement. THROOP: I'll move approval of the consent agenda items one through three. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. CONTINUED PUBLIC HEARING: RESOLUTION 91-012 ADOPTING AND CONTINUING FEES AND CHARGES FOR SERVICES Before the Board was continued public hearing concerning Resolution 91-012 which would adopt and continue fees and charges for County services. Rick Isham said that the Board had indicated that in some cases they might want to go to actual cost fees as opposed to an estimate. He had met with Community Development and would be meeting with the Public Works Department to discuss areas where it might be more appropriate to charge an actual cost fee (i.e. large developments) and use the fee established as a deposit. If the actual cost of processing the application was less than the fee, then there would be a refund to the applicant; while, if the actual costs of processing were more, then those additional costs would be passed on to the developer. In order to use actual cost fees, this fee resolution would have to be changed so that those few applications which were difficult to handle (i.e. city incorporation) would be designated as an actual cost service with the fee tablished PAGE 1 MINUTES: 6/5/91 0106 1'46 as a deposit. He recommended that the Board take testimony on this resolution, and then continue the public hearing for one week so that designated cost fees could be added. Commissioner Schlangen asked how the bookkeeping would be done for the actual cost fee. Rick Isham said the Community Development Department currently did a fee audit annually, and the fees were based upon the average cost of processing certain cases. In those designated applications where an actual cost fee would be charged, a cost accounting system would have to be maintained. Chairman Maudlin opened the public hearing for testimony. Leonard Blackwood, 642 NE Quinby, Bend, felt the solid waste pick up fees of $5.90 a month were "ridiculous." He currently took his own garbage to the landfill only twice a year. Commissioner Throop clarified that the only subject before the Board today were the fee increases at the landfills and transfer stations which would take effect July 1, 1991. The whole question of universal service collection would be dealt with in the future. Mr. Blackwood also expressed concerned about the County being overcharged by Northwest Environmental for the excavation of fuel tanks, and felt the County should have been able to determine there was an overcharging problem if there "wasn't something fishy about it." Commissioner Throop said this issue was not part of the public hearing today, but that he would be willing to meet with Mr. Blackwood on this issue after the meeting. He said he did not have the independent capability to determine there were overcharges. Mr. Blackwood felt that the issue would never have come out if the news media had not "exposed" the County and wondered whether there needed to be a "watchdog" citizens group to monitor the Commission. Chairman Maudlin said the news media had not picked up this story, it came from the Forest Service because of a problem they had with the same company. The news media had seen the bills and hadn't recognized there was a problem until the Forest Service came forward with their concerns. The County would like to get back any money they were overcharged, but at this time, no one had been convicted of these charges. Mr. Blackwood felt that raising garbage rates would force senior citizens into taking welfare. PAGE 2 MINUTES: 6/5/91 0106 174 7 3. 4. There being no one else who wished to testify, Chairman Maudlin continued the public hearing until Wednesday, June 12, 1991, at 10 a.m. RESOLUTION 91-047 TEMPORARY INCORPORATION PETITION FEE Before the Board was signature of Resolution 91-047 which would establish a temporary incorporation petition fee in the amount of $9,700 which would be in effect from signing until July 1, 1991. THROOP: I'll move adoption of 91-047. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: BROOKS RESOURCES ZONE CHANGE REOUEST Before the Board was a public hearing concerning the Brooks Resources Corporation's request for a zone change from surface mining (SM) to Urban Area Reserve (UAR-10) on a tract of land containing approximately 36 acres. The zone change was in conjunction with the proposed Awbrey Glen Planned Unit Development. The property was located north and west of the intersection on Shevlin Park Road and Mt. Washington Drive and north of the Valhalla Heights Subdivision. Kevin Harrison gave the staff report indicating that this application was reviewed by the Hearings Officer on April 2, 1991. Based on the information submitted by a licensed, professional geologist, the staff recommendation was for approval. The recommendation of the Hearings Officer was also for approval, and no appeals had been filed. Chairman Maudlin opened the public hearing for testimony. Paul Buchanan, Brooks Resources, 416 NE Greenwood, Bend, testified that this site was below a rim east of the land owned by Bob Coats. He felt it would be impossible to develop unless it was developed in connection with the adjoining Brooks Resources property, which was one of the main reasons why they had acquired the land. There being no one else who wished to testify, the public hearing was closed. THROOP: I'll move approval of the zone change request from SM to UAR-10 in conjunction with the PUD under question here. PAGE 3 MINUTES: 6/5/91 01®6 1'748 5. 6. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDER 91-068 FULLHART ANNEXATION TO RFPD #2 Before the Board was a public hearing on Order 91-068 which would approve the annexation of territory (Fullhart Annexation) to Deschutes County Rural Fire Protection District #2 and setting a final public hearing for July 10, 1991. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. MAUDLIN: I would entertain a motion for signature of Order 91-068. SCHLANGEN: So moved. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PUBLIC HEARING: ORDER 91-069 FARM/MOORE ANNEXATION TO RFPD #2 Before the Board was a public hearing on Order 91-069 which would approve the annexation of territory (Farm/Moore Annexation) to Deschutes County Rural Fire Protection District #2 and setting a final public hearing for July 10, 1991. Chairman Maudlin opened the public hearing. There being no one who wished to testify, the public hearing was closed. THROOP: Move approval of the order. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 4 MINUTES: 6/5/91 0106 1'749 7. 8. ORDINANCE 91-006 CONCERNING RECYCLING Before the Board was signature of Ordinance 91-006 which would add Section 13.28.025, Rates - Cost of Recycling, and Amending Sections 13.28.030, Rate Adjustments - Initiation; 13.28.040, Rate Adjustments - Review Requirements; and 13.28.060, Rate Adjustments - Public Hearing. Rick Isham said there were some changes made to the ordinance to make it clearer that the administrator need not refer rate adjustments to the committee. When the Board would initiate the process, it would be discretionary as to whether they wanted to go directly to a public hearing or refer it to the administrator and/or the Solid Waste Advisory Committee. Terry O'Sullivan had review it and indicated that it was fine. MAUDLIN: I will ask for first and second reading by title only of Ordinance 91-006. SCHLANGEN: So moved. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 91-006. THROOP: Move adoption. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES AOC REOUEST FOR FUNDS FOR PROJECT ON REVENUE ALTERNATIVES Before the Board was a request from the Association of Oregon Counties for a $1,000 contribution to the Voluntary AOC/LOC Joint Revenue Replacement Project. Chairman Maudlin said he wanted to participate in the project. Commissioner Throop agreed and said it appeared that with the increase in revenues on the May 15 revenue forecast, there would probably be some increased revenues from the state beyond what was anticipated. Mike Maier suggested paying the $1,000 out of monies created by reducing dues and memberships in the next fiscal year budget. PAGE 5 MINUTES: 6/5/91 THROOP : I'll move it. 0106 1750 9. 10. 11. SCHLANGEN: I'll second it. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES DEVELOPMENT AGREEMENT FOR SP-91-55 FOR DESCHUTES BUSINESS CENTER Before the Board was signature of a Development Agreement for SP-91-55, a site plan for an addition to the Deschutes Business Center. THROOP: I'll move signature of SP-91-55. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES WEEKLY WARRANT VOUCHERS Before the Board were weekly bills in the amount of $107,242.91. THROOP: I'll move approval subject to review of the Board. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES JACOBSON COMPENSATION REVIEW Before the Board was approval of the Jacobson Compensation Review. Mike Maier said the Board had had several meetings concerning this study, and he was looking for formal approval and authorization for the Personnel Department to commence implementation of the program. Commissioner Throop said he felt he fully understood the Jacobson Compensation Review and was fully supportive of it. It would be the final step in getting all County positions at equity with the market by maintaining salaries at 50% or the average of like jurisdictions. It would also give the County a permanent system for analyzing positions and keeping parity with the market and therefore a competitive work force. PAGE 6 MINUTES: 6/5/91 0106 1'751 12. 13. Mike Maier pointed out that implementation of this study would gradually reach the 50% parity level in three years. It could not be done sooner due to the 10% cutback scheduled for in the next fiscal year. He felt that if this study were not implemented, it would be very difficult to find good candidates for County positions (i.e. the recent Health Director position). MAUDLIN: I would entertain a motion for approval. SCHLANGEN: So moved THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES LIBRARY COMPUTERIZATION Ralph Delamarter reported that there were two vendors being considered to provide an automation system for the library. One of the firms, Dynix Inc., had been more responsive to the identified requirements. He requested that the Board authorize him to enter into final negotiations with Dynix Inc. If those negotiations could not be completed, he would open negotiations with the second vendor, Geac Computers Inc. The Dynix public access catalog was better which he felt was very important. The Dynix system was 3-1/2% to 4% more expensive than the other. MAUDLIN: With the balance of the Board's approval, I think we should authorize Ralph to continue his negotiations. THROOP: I'll move approval of the Chair's direction. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES OUT OF STATE TRAVEL REQUEST FROM PUBLIC WORKS Before the Board was a request from Larry Rice for two registered surveyors to attend training on the GPS Static Surveying equipment. The employee who had been trained was moving to another County department. The training was free but the travel expenses would have to be paid by the County. There was currently a reduced flight cost of $376 versus $972, and he wanted to take advantage of this lower rate. PAGE 7 MINUTES: 6/5/91 0105 1'752 14. 15. THROOP: Move approval of this tightly constructed package that our Director of Public Works Department has put together for us to save every penney he can. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MP-91-14 IN REED INDUSTRIAL AREA Before the Board was signature of MP-91-14 creating two parcels zoned IL in Reed Industrial area for the Boardmans. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES FINDINGS AND DECISION ON PORTER APPEAL Before the Board was signature of the Findings and Decision on the application of Donald M. Porter for a Major Partition (MJP-90-4, CU-90-174) and a Variance to Road Standards (V-90- 33). Bruce White said that sometime ago the Board denied the Porter appeal and requested staff to prepare findings. The findings, in some respects varied from the actual Board motion, so he felt it was appropriate that the Board take a vote on whether to adopt the findings. The way the forest partition rules were being applied was complicated, because they had to deal with it as if it were a partition involving a forest dwelling and as if it were a partition involving a non-forest dwelling. He felt this decision would help clarify the process for looking these partitions. There was confusion regarding whether the term "rural estate" had been used in Mr. Porter's testimony. It was not in the minutes, and when he listed to the tape, he found that Mr. Porter said the owner wanted to leave it in a "rural state." In Commission Throop's motion, he had referred to a "rural estate," however Bruce White said he changed it to say that he just wanted to leave in a "rural state." He said this did not alter the outcome in any way, but he did want to clarify it for the Board. He said the decision came down to the fact that (a) they couldn't prove that the new parcel would have a forest dwelling and (b) if it were treated as a non-forest dwelling, they needed to prove PAGE 8 MINUTES: 6/5/91 0106 1'753 that the entire newly created parcel was not productive, which they had not done. Commissioner Throop said he felt the findings and decision captured the majority decision of the Board very well and was supportive of it in its entirety. Commissioner Schlangen agreed. Bruce White then pointed out a couple of changes he made to the findings and decision document the Board had reviewed. THROOP: I'll move adoption of the findings and decisions on the Porter application as amended in those two locations. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: NO 16. CHANGING HEALTH CARE PROVIDERS FOR COUNTY STAFF Before the Board was a request from Mike Maier that the Board approve the recommendation of the Employee Benefits Advisory Committee to change health care providers from Blue Cross/Blue Shield (BC/BS) to KMSB (Klamath Medical Service Bureau) effective August 1, 1991. John Huffman, County Health Care Agent, said they had been working for several months with the Employee Benefits Advisory Committee to review the experience with BC/BS and talked about potential benefit changes if necessary. After reviewing the BC/BS rates for the coming year, the committee asked him to take the plan out for bid. BC/BS came in with a 22.4% increase to maintain the same benefits, while KMSB offered a 15% increase which he believed was within budget and approximately $100,000 less than the BC/BS quote. The committee unanimously voted to change to KMSB. He thanked the committee and the staff for their hard work and said they represented the County well. They would continue meet quarterly with KMSB to keep employees apprised of their experience rating during the year. Commissioner Throop said that although the Board was not in attendance at these meetings, they were keenly interested in its work. He asked that Cheryl Hays, an employee representative on the Advisory Committee, let everyone else on the Advisory Committee know that the Board appreciated the work they had done. PAGE 9 MINUTES: 6/5/91 0106 1'754 John Huffman indicated that KMSB was committed to having the contract completed and the benefit booklets and identification cards ready by August 1, 1991. Commissioner Maudlin expressed concern that the County had changed companies three times in the last four years. John Huffman said that was a big concern of theirs also. However, since the County had KMSB from 1982 through 1987, and the change to Pacific Health and Life was just a break off from KMSB, the County had really only had one change in 1988 to BC/BS. He felt this was really not a lot of carrier movement, and the alternative was to severely decrease benefits or deal with a 22.4% rate increase. Cheryl Hays, Benefits Advisory Committee, emphasized to the Board the importance of the benefit level to the employees. She said that one of the reasons for the change to KMSB was that their "trending" was looked at geographically for this small area rather than statewide. The committee hoped that using this type of "trending" would allow the increased costs in health care to stay within the County budget. Commissioner Throop asked whether the employees were aware that the use history was a major factor in the determination of the rates, and that an experience increase would be a major factor in requiring an employee co-pay situation. Cheryl Hays said the committee was hoping to get this information back to the employees and help stabilize the County's utilization rate. Mike Maier said KMSB had a newsletter which was mailed to user families, and he was going to look into the possibility of the County including a supplement to this newsletter which would update employees on the County's experience. John Huffman said that KMSB would be very excited to have Deschutes County as an account. It would be a very large account for them, and they would treat it accordingly. Frank Moore, a department head representative on the advisory committee, said he appreciated the formation of the advisory committee and felt that it gave the employees a vested interest in the process. He said that working with John Huffman and Linda had been a real pleasure. Chairman Maudlin commended Mike Maier for putting the Benefits Advisory Committee and the health care program together. He said that John Huffman, the county's insurance agent, had done a good job and hoped to continue that relationship. MAUDLIN: I would accept a motion to change from Blue Cross to KMSB effective August 1. PAGE 10 MINUTES: 6/5/91 0106 1'755 THROOP: I'll make the motion. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 17. TFR INDUSTRIES LOAN Chairman Maudlin said the state wanted the County to be part of the total loan package so that the business would move to Deschutes County. However, Mike Burton, COIC, had indicated that TFR was already definitely coming to Redmond. Chairman Maudlin had spoken to TFR previously and indicated that the County needed a better collateralization than was originally proposed. Mike Burton had indicated that the County had given on every point in the loan with the exception of the collateralization, and felt that it extremely important that this demand be met. It was felt that the highly specialized equipment and unspecified assets were not good collateral. The Board agreed that if the County was contacted by TFR that the County would require that the loan be collateralized by appraised real estate, and if a piece were sold the County would allow transfer to another piece. Chairman Maudlin adjourned the meeting. Chairman Maudlin convened the meeting of the Governing Body of the Deschutes County 9-1-1 Service District. Board members in attendance were Dick Maudlin, Tom Throop, and Nancy Pope Schlangen. Also present was Rick Isham, County Counsel. 17. EAI SYSTEM SOFTWARE PURCHASE AGREEMENT Before the Board was signature of a Purchase Agreement between EAI Systems, Inc. and Deschutes County 9-1-1 Service District for the purchase of computer peripherals, software and related services. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PAGE 11 MINUTES: 6/5/91 DESCHUTE COUNTY BOARD OF COMMISSIONERS 14m Tom Throop, Cor Nancy Pope Sc I AV Wuln, BOCC:alb ioner 6h, Commissioner Chairman PAGE 12 MINUTES: 6/5/91 0106 1756