1991-19231-Minutes for Meeting June 12,1991 Recorded 6/27/1991;/!'/--nFli' I'v LT4
0106 1843
MINUTES a
DESCHUTES COUNTY BOARD OF COMMISSIONERS
#TI 27 PM 1' 04
June 12, 1991 '.U f
Chairman Maudlin called the meeting to order at lU a~.nrz- ~Bp
members in attendance were Dick Maudlin, Tom Throop anc~ fibCy'P®P@
Schlangen. Also present were Rick Isham, County Counsel; Karen
Green, Community Development Director; Larry Rice, Public Works
Director; Kevin Harrison, Senior Planner; Mike Maier, County
Administrator, and Ralph Delamarter, Librarian.
1. CONSENT AGENDA
Consent agenda items before the Board were: #1, approval of
out-of-state travel request for Mental Health Employee to
attend American Psychological Convention; #2, chair signature
of Central Oregon Community College Agreement for nursing
program; #3, appointment of Sue Fisher, Willard W. (Bill)
Jayne, Carolyn Novick, and David Gordon and reappointment of
Mark Henry to Library Board; #4, approval of out-of-state
travel request for Building Safety Director to attend
International Conference of Building Officials annual meeting;
#5, chair signature of Department of Land Conservation and
Development Planning Assistance Grant Close Out Report; and
#6, signature of Order 91-077 changing the name of Village way
to Romaine Village Way, nunc pro tunc as of August 23, 1989.
SCHLANGEN: Move approval of consent items 1-6.
THROOP: Second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. ORDINANCE 91-022 ACTUAL COST OF SERVICE FEES
Before the Board was signature of Ordinance 91-022 adding
Section 4.12.090 Actual Cost Service fees to the Deschutes
County Code.
Rick Isham said that in conjunction with the Resolution
adopting the fees charged by the County, this ordinance
established a category of fees that were Actual Cost of
Service (ACS) fees.
Karen Green said those applications designated for ACS fees
were: City incorporation, urban growth boundary expansion
plan amendments, (2) plan amendments that would take
exceptions under Goal 3 or Goal 4, (3) plan amendments to
create a rural service center, and (4) conditional use permits
for a destination resort.
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MAUDLIN: I would entertain a motion for first and second
reading of Ordinance 91-022 by title only.
THROOP: So moved.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Chairman Maudlin performed the first and second readings of
Ordinance 91-022.
THROOP: Move adoption
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
3. CONTINUED PUBLIC HEARING: RESOLUTION 91-012 ADOPTING COUNTY
FEES AND CHARGES
Before the Board was a continued public hearing regarding
Resolution 91-012 adopting and continuing fees and charges for
services.
Chairman Maudlin opened the public hearing and asked if there
was anyone who wished to testify.
Karen Green clarified that they would like to defer
implementation of the ACS portion of the planning fees
designated as ACS until August 1, 1991, in order to allow time
for the computer programming.
Chairman Maudlin closed the public hearing.
THROOP: Move adoption.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
4. NOTICE OF PUBLIC HEARING ON COLLECTION SERVICE RATES
Before the Board was establishment of a public hearing date
concerning collection service rates for solid waste collection
franchisees.
The public hearing was scheduled for June 26, 1991, at 11 a.m.
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in the Juvenile Justice Center.
5. EXCHANGE OF EMPLOYEE HOURS
Before the Board was a request from Ralph Delamarter that
Howard Feltmann and Carol Boock be allowed to exchange work
hours beginning July 1, 1991. Carol would reduce her hours
from 27 to 23 and, therefore, Howard could work 40 hours per
week and still maintain an overall 10% reduction in work
hours. Howard had indicated he would be financially unable
to keep his property if his hours were reduced, while Carol
preferred to work fewer hours and spend more time with her
children.
SCHLANGEN: Move approval.
THROOP: Second.
Commissioner Throop said he opposed this request. All general
fund supported employees had been reduced by 10% effective
July 1, 1991. He felt this was a departure from that decision
because it restored one employee to 40 per week and created
inconsistencies in personnel administration, sent the wrong
signal to other departments and could create a lot of
conflict.
Chairman Maudlin felt that the request was straightforward and
since the approval would be based upon specific criteria which
would be spelled out in the approval letter, he felt the Board
should approve the request. Given the nature of the criteria
for approval, he did not feel the Board would be inundated
with requests.
VOTE: THROOP: NO
SCHLANGEN: YES
MAUDLIN: YES
6. FINAL PLAT FOR "THE RIDGE AT INDIAN FORD" SUBDIVISION
Before the Board was signature of a final plat for "The Ridge
at Indian Ford" subdivision, a 19 lot planned unit development
along Indian Ford Road northwest of Sisters.
Kevin said that this property was zoned RR-10 and had been
approved, however Legal Counsel had review a subdivision
guarantee report and apparently there was a trust deed on this
property. There was no dedication involved with the
subdivision, but Legal Counsel advised that the County get a
release from the beneficiary of the trust deed especially
where it related to common area and the land under the
roadways.
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0106 Rick Isham said it was his concern that, theoretics , a
citizen could purchase a lot in this subdivision, CC&Rs would
be filed, and the roadway and common area would be transferred
to the homeowners association. If the developer failed to pay
the note, the roads and common area would be foreclosed on,
and interior property owners would not have any legal access
to their property. It was the County's duty to see that
property owners could go back and forth to their lots. Since
getting a release was the only concern, he suggested the Board
approve the plat subject to clarification on the release.
7.
Steven McGhehey, owner of the property, said he had a lot
release agreement recorded with the trust deed which addressed
the proposed 19 lots and the security against those lots, and
a release on a per lot basis. His first large installment
released the first three lots. The collateral to the prior
owner would be the remaining 16 lots.
Rick Isham said he would take a look at Mr. McGhehey's
documents, and said they might accomplished what he had
requested.
MAUDLIN: I would entertain a motion for a signature upon
review of the lot release agreement.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
1991-92 STF GRANT APPLICATION
Before the Board was Chair signature of the 1991-92 Special
Transportation Fund application. The total funds available
during the 1991-92 fiscal year for special transportation
programs would be $115.000, while the total requested by
providers was $131,326. The approach the STF Committee used
in distributing these funds was to grant each applicant a 10%
increase over last year's allocation, to fully fund those
applicants whose requests were less than a 10 percent
increase, and to distribute all remaining funds to the City
of Bend's Dial-a-ride program. The exception was the
Residential Assistance Program, where the committee granted
funding of their vehicle insurance (which had historically
been the practice) plus an additional $1,000 for a total
increase of 86 percent.
THROOP: I'll move adoption of the
recommended by the advisory
SCHLANGEN: Second.
STF distribution as
committee.
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8.
9.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
SUNRIVER INCORPORATION PETITION
Rick Isham said that on Monday afternoon, June 10, 1991, the
County Clerk delivered some preliminary and the final petition
for Incorporation of Sunriver to the Board's office. The
Board needed to consider receipt of those petitions for
filing. He reviewed them and drafted a possible response by
the Board which would not accept the petitions for filing at
this point, but would ask the petitioners to respond to three
specific questions regarding possible irregularities with the
petitions: (1) lack of payment of the required fee, (2)
petitions were labeled "prospective petition," and (3) the
petitions set forth no tax base. The alternative would be
that the Board accept the filing of those petitions.
Chairman Maudlin said he didn't think the Board would accept
the filing without the fee.
Commissioner Throop said he felt the issues outlined in the
letter needed to be dealt with before the Board could legally
accept the petitions.
THROOP: I would move that the Board sign and send that
letter to the petitioners.
SCHLANGEN: Second
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
Rick Isham clarified that the petitions had been delivered but
had not yet been accepted by the Board for filing.
WEEKLY WARRANT VOUCHERS
Before the Board was approval of weekly warrant vouchers in
the amount of $312,928.97.
SCHLANGEN: Move upon review.
THROOP: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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10. ADDENDUM TO LEASE WITH CHILDREN'S FOUNDATION
Before the Board was signature of an Addendum to Lease for the
Deschutes County Children's Foundation. The lease was amended
to clarify that the rent the Children's Foundation received
would not exceed the cost of repairs, maintenance,
amortization and upkeep of the property. Also that the rent
that was paid to the County would not exceed the obligations
contained in the Installment Purchase Agreement between the
County and U.S. Bank.
Brad Chalfant said the Department of Revenue and the
Assessor's Office requested that this addendum be made to the
lease to clarify that the Children's Foundation was not
diverting a stream of income off this property for other
unrelated uses. It insures that the receipts coming from the
sublessees were not diverted and would assure that their
income from the receipts would not be taxable.
THROOP: I'll move signature of the Addendum to the Lease.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
11. ACKNOWLEDGEMENT OF IRC 265(b)(3) DESIGNATION
Ed Fitch came before the Board requesting that the Board Chair
sign an Acknowledgment of IRS 265(b) (3) Designation. They
were in the process of selling the $3,680,000 in bonds to
build the 88-unit low and moderate income housing project
which was a joint venture between Central Oregon Housing
Authority and the City of Bend, who was providing the land.
There was also some Community Development Block Grant money
which would help with the infrastructure. Since the County
Commission was the entity which created the Central Oregon
Housing Authority, the County needed to acknowledge the bond
sale, however the bond would not be an obligation of the
County.
SCHLANGEN: Move signature.
THROOP: I'll second the motion.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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12.
13.
RESOLUTION 91-058 DECLARING THE NECESSITY TO ACQUIRE REAL
PROPERTY
Before the Board was signature of Resolution 91-058 declaring
the necessity to acquire and the purpose of acquiring fee
simple title to certain real property for a road right-of-way,
and directing the Public Works Director and County Counsel to
proceed with the acquisition of the property.
Chairman Maudlin said this resolution concerned the property
at Sunrise Boulevard where the property owner put a fence
across the road. Rick Isham said the estimated cost of an
appraisal would be double the value of the property being
acquired (12/100 of an acre). The property owners indicated
that they had no intention of selling until an appraisal was
made. If the Board signed the resolution, the County-hired
property appraiser would arrange with the property owner a
time when he/she could be on the property. An appraisal
report would be done, and then the County would made a offer
of just compensation which would include a dollar amount for
the property. The property owners had a period of time to
accept or reject that offer. If they rejected the offer, the
County could file in court for "immediate possession" of the
property. The earliest that could occur would be sometime in
August.
Larry Rice said there was an alternative alignment of the road
that went through Forest Service property and another property
owner. Rick Isham said the County Engineer had told him that
because of the necessary curvature of the alternative
alignment, it would be an unsafe.
MAUDLIN: I would entertain a motion for signature of
Resolution 91-058.
THROOP: So moved.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
TP-90-743 A PLAT CREATING TOWNHOUSE LOTS IN EAGLE CREST
Before the Board was signature of TP-90-743, a plat creating
six townhouse lots in Eagle Crest.
THROOP: Move signature.
SCHLANGEN: Second.
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VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
14. JCRI GRANT EXPENDITURE
Mike Maier said that Brad Mulvihill had reported to him that
the Juvenile Division had recently been awarded a grant of
$84,423 for the purpose of funding three beds in the Juvenile
Detention Facility for sex offender treatment. It represented
an increase of $31,823 above the grant 1990-91 amount.
Included with this proposal was the funding of a full-time
program facilitator to coordinate and act a lead worker with
the sex offender population. Currently, the Juvenile
Detention Facility had an eight-bed capacity; three beds had
been utilized for sex offender treatment leaving only five
beds to service Deschutes County and the four other counties
within the region. Due to the overpopulation within the
center (9.1 youth be day over the last 18 months), they had
to deny access to out-of-county detention placements, thus
decreasing their ability to generate revenue. In order to
facilitate this program and give the Juvenile Department the
needed flexibility, they proposed the following: (1) convert
the existing visiting room to a two-bed dorm for sex
offenders, and (2) enclose an existing recreational area,
approximately 400 sq. ft., to allow more day room space and
flexibility for both detention and sex offender programs.
Mike Maier said that the additional revenue was $31,823 plus
$4,500 more from outside bed charges for a total of $36,000
in FY 91/92. The operating loss in the first year would be
$7,858, however by the next year (making the assumption that
the grant would increase of 4%), he felt the costs would break
even. He recommended that the Board approve the proposal if
the Community Corrections Program could come up with another
$7,858 or if the indirect costs (county employee time) were
deleted, they would only have to come up with $5,000. They
wouldn't be able to start this project until January of 1992.
Mike Maier said that if this project wasn't approved, the
Juvenile Department wouldn't receive the extra $31,823 in
grant money.
Commissioner Throop said he liked Mike Maier's suggestion that
the Board authorize the project if the Community Corrections
Department could come up the another $5,000.
Commissioner Schlangen asked if the Community Corrections
department could be billed for the indirect costs the
following year. Mike Maier said he thought they could.
Chairman Maudlin said he felt the Board was of the opinion
that the grant was needed and there needed to be enough room
in the detention center to make it operate.
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MAUDLIN: I would entertain a motion that Mike work with the
Juvenile Department to see if they can come up with
their dollars and that we go ahead with the program.
THROOP: Let me make Dick's motion for discussion.
SCHLANGEN: Second.
Mike Maier said there was an outdoor area that was walled in
and wasn't used very much which would be enclosed. There was
another fenced in outdoor area which would still be available
for inmate recreation.
Commissioner Schlangen said maybe the cost could be decreased
by waiting to enclose the outside area until another year.
Mike Maier said that, with the Board's approval, the Juvenile
Department would accept the grant funds and start the project
by converting the visiting room effective in August 1991. It
was not guaranteed that the grant would be ongoing.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
15. STATE HEALTH GRANT REVISION #5
Before the Board was signature of Revision #5 to the Oregon
Health Division Grant Award to increase the award by $3,000
to accommodate projected levels of reimbursement for HIV
counseling and testing for this fiscal year.
THROOP: I'll move signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
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