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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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