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1993-12349-Minutes for Meeting February 24,1993 Recorded 4/19/199393-12349 MINUTES U?. c:'. ✓� DESCHUTES COUNTY BOARD OF COMMISSIONERS February 24, 1993 Chair Throop called the meeting to order at 10:05. Board members. present were Tom Throop and Nancy Pope Schlangen. Also present were Brad Mulvihill, Juvenile Department Division Manager; Gary Giersdorf, Community Corrections Facility Director; George Read, Planning Director; Brian Harrington, Senior Planner; Rick Isham, County Counsel; and Bruce White, Assistant County Counsel. 1. CONSENT AGENDA Consent agenda items before the Board were: 1) chair signature of grant application for a regional solid waste study; 2) acceptance of three warranty deeds for right-of-way acquisition on Butler Market Road and Brinson, and one warranty deed for right-of-way on Brinson Boulevard; 3) Board approval to allow Bechtel Corporation to dispose of excess rock from the pipeline project onto county -owned land; 4) reappointments of Martin Hansen, Ward Tonsfeldt, and Helyn Van Huffel to the Deschutes County Historic Landsmarks Commissioner; and signature of MP -91-28, a minor partition to divide a 25 -acre parcel into two parcels in an RR -10 zone. SCHLANGEN: Move approval of consent agenda items. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 2. TAX REFUND ORDER 93-079 Before the Board was consideration of signature of Tax Refund Order 93-079. The total refund amount was $3,592.66. SCHLANGEN: I move signature of Tax Refund Order 93-079. THROOP: Second. KE X NCHE[) VOTE: SCHLANGEN: YES nr SLAUGHTER: EXCUSED THROOP: YES 3. ORDER 93-081 BUDGETED CASH TRANSFERS WITHIN DESCHUTES COUNTY BUDGET Before the Board was consideration of signature of Order 93- 081, an order transferring cash within various funds of the 4. 5. 6. 11`9 4 Deschutes County 1992-93 fiscal year budget and directing entries. SCHLANGEN: I'll move signature of Order 93-081. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES APPROVAL OF ACCOUNTS PAYABLE Before the Board was approval of accounts payable vouchers in the amount of $332,479.41. SCHLANGEN: I move approval of accounts payable upon review. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF ORDER 93-082 APPOINTING ANITA MUTCHIE Before the Board was consideration of signature of Order 93- 082 appointing Anita Mutchie as Recording Secretary for the Deschutes County Board of Commissioners. SCHLANGEN: I move signature of Order 93-082. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES CONSIDERATION OF ADDITIONAL FUNDING FOR TRAINING OF COMMUNITY CORRECTIONS, JUVENILE DIVISION, STAFF Before the Board was consideration of approval for additional funding for training of Community Corrections, Juvenile Division, staff. The request was for a $1,200 increase in this year's education, training, and travel line. Brad Mulvihill, Division Manager of the Community Corrections' Juvenile Department, discussed that department's need. He said the Juvenile Detention Center staffing levels and safety/security had been ongoing issues and that these problems had again been brought to department attention by an MINUTES PAGE 2 2-24-93 ' .�' , -1 15 incident in the Detention Center. He explained that a night shift staff person had been assaulted and injured. Brad said that there was a current opportunity for training and certification of staff under the Oregon Juvenile Department Director's Association, and he requested funds for that training. Commissioner Schlangen asked if there would be training of both the detention workers and probation officers. Brad responded that this was two different areas and that this training would be for the detention workers. He said that the detention workers received some of the same types of training that the probation officers received but that there would be more hands-on training involving self-defense and how to recognize situations before they became combative. He stated the training would be conducted in the next few months. Commissioner Schlangen questioned where the training would be conducted. Brad answered that it would be done wherever they could find the space and that it would not be at a police academy. The department's goal was to find a place locally, thereby reducing costs. He said that the amount was a "guesstimate of what the actual costs will be." Commissioner Schlangen asked when the department would have more than one person on duty, and Brad stated the Corrections Department would be coming before the Board in this budget cycle with a proposal. He said they were looking at how to staff without having two people on during 24 hours since from 2 a.m. until 6 a.m., there was no need for an extra person as "nothing happens" because most people are sleeping. He said the initial figure would be approximately $70,000 and that he did not believe it would be necessary to ask the Board for that amount as they were looking at methods within the Corrections Department to cover the cost. He stated he had worked with the Risk Manager, Mike Viegas, and County Counsel regarding a camera to help in monitoring and that such a method would be helpful but would not solve the liability issue. Commissioner Schlangen asked if the Detention Center was always filled. Brad responded that last month's occupancy was 10.2 in a 10 bed facility, and that they had been overfull at different times. He said the length of stay was increasing, and when the center was first open, the average stay was two days but was now seven. He said that created a problem, because when individuals stayed longer, they become restless, started calculating the routine, and thus, presented more of a challenge to the staff as far as safety and security. MINUTES PAGE 3 2-24-93 OF Brad discussed the issue of adding onto the fad li+y 1ii,ij stated it was something that needed to be planned for in the future and that they could work with surrounding counties in distributing the costs of expansion. As the Detention Center is a regional center, he felt it was not just Deschutes County's responsibility to pay for the costs of expansion. Chair Throop asked how quickly a set of plans for expansion could be obtained. Commissioner Schlangen stated that this should be looked into. Brad stated he originally had been involved in the planning of the current Detention Center and could offer suggestions on how to expand by ten beds. Rick Isham stated that the building was designed so that it could be expanded south into the parking lot area. Commissioner Schlangen said that expansion was a possibility and that the Board would be following closely the possibility of federal monies. Chair Throop explained that what was being talked about was the prospect of federal jobs/public works money that might come into the jail facility and "free up" some of the bond money that was available. Commissioner Schlangen stated they were waiting to hear from Washington. Chair Throop said he was ready, with enthusiasm, to embrace the request for $1,200. SCHLANGEN: I will make that motion. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES CONSIDERATION OF APPROVAL OF CONTRACT WITH EQUIFAX INC. Before the Board was consideration of approval of a contract with Equifax Inc. for collection services for the electronic monitoring program. Gary Giersdorf, Community Corrections Facility Director, said the electronic monitoring program had been on line since December 1989 and that the program was running at an 80 percent collection rate. He said there was a small percentage that would not pay, and they were requesting to contract with a collection agency as fining took effort and manpower. Commissioner Schlangen asked what share would be given to the collection agency. Chair Throop responded that it would be 40 percent to the agency and 60 percent to the County unless it was out of area, which then would be 50:50. Gary stated the Library was currently using this company. He said this was a MINUTES PAGE 4 2-24-93 M 14 -L l reasonable plan. He said the electronic monitoring program had been very successful, but there was a small percentage that did not pay, and Equifax was "good at getting the money." Commissioner Schlangen asked at what point an account would be turned over to Equifax. Gary responded that as long as the individual was making any kind of payment system, there would be no problem. He said there would be a progression of letters plus the individual was offered the opportunity to work at the Wood Yard, at minimum wage, to work the debt off. He said it would probably be started after 60 days if an individual had done nothing towards his debt. Rick Isham stated that Equifax would agree to follow the Fair Debt Collection Act requirements, hold the County harmless from any acts of their agents, and would, basically, own the debt after the County transferred the debt to them. SCHLANGEN: I will move approval of contract. THROOP: I'll second with enthusiasm. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES AMENDMENT #31 TO THE 1991-93 INTERGOVERNMENTAL AGREEMENT WITH MENTAL HEALTH Before the Board was consideration of approval of Amendment #31 to the 1991-93 Intergovernmental Agreement with Mental Health. SCHLANGEN: I move signature of Amendment #31. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES CONSIDERATION OF PLAT SIGNATURE OF MP -92-23, CREATING TWO LEGAL 6-8 ACRE LOTS OUT OF TWO EXISTING TAX LOTS WHICH WERE PART OF AN UNRECORDED SUBDIVISION/ZONING RR -10 Before the Board was consideration of signature of plat MP -92- 23, creating two legal 6 to 8 acre lots out of two existing tax lots which were part of an unrecorded subdivision zoned RR -10 and located on Huntington Road. MINUTES PAGE 5 2-24-93 10. 11. 12. "A Commissioner asked why it did not stay an RR10 instead of two sixes. George Read said this was through the hearings officer and that a variance was granted. He said it was part of an old unrecorded subdivision. He said it was not a legal lot of record and had been in separate ownership. Chair Throop clarified that they had been in separate ownerships, were not lots of record, and the application was a joint application among the owners involved. SCHLANGEN: I move signature of MP -92-23. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES SIGNATURE OF MP -91-52 Before the Board was consideration of plat signatures for MP - 91 -52 for Wesley Miller creating two parcels of 41 and 27 acres in an EFU Wildlife Zone off Kuhlman and Tyler Roads. SCHLANGEN: I move signature of MP -91-52. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES CONSIDERATION OF SIGNATURE OF ORDER 93-080 Before the Board was consideration of signature of Order 93- 080 amending Order 93-070 authorizing the refund of taxes. The total refund amount was $1,488.12. SCHLANGEN: I move signature of Order 93-080. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES CONSIDERATION OF RESOLUTION 93-015 Before the Board was consideration of signature of Resolution 93-015 appropriating video poker lottery funds received from the State of Oregon. MINUTES PAGE 6 2-24-93 �1 69 SCHLANGEN: I move signature of Resolution 93-015. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 13. CONSIDERATION OF RESOLUTION 93-017 Before the Board was consideration of signature of Resolution 93-017 transferring appropriations within various funds of the 1992-93 Deschutes County Budget and directing entries. SCHLANGEN: Move signature of Resolution 93-017. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 14. CONSIDERATION OF APPROVAL OF LIQUOR LICENSE FOR NEWPORT CHOWDER BOWL Before Board was consideration of signature of liquor license for the Newport Chowder Bowl in Sunriver. SCHLANGEN: I move approval of liquor license. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 15. DECISION ON CU -92-172, MP -92-55 FOR ALVIN WALKER Before the Board was a decision on CU -92-172 and MP -92-55 for Alvin Walker requesting approval to create three nonfarm parcels and to establish a nonfarm dwelling. Brian Harrington provided the staff report and background as to the issues that came out of the public hearing and why the decision was deferred until this date. He stated the concerns raised during last week's public hearing were regarding private road easements on the northern boundary of the proposed partition and concerns raised by property owners on the north and northwest of the subject parcel which utilized the cinder road. He said it was a private easement and the MINUTES PAGE 7 2-24-93 -1` 20 �..=L ��j County did not regulate access on private easement. Staff recommended in the conditions, the road maintenance agreement would be specifically for Butte Ranch Road only, as previously approved in a major partition that created Butte Ranch Road. Since the applicant would have to go through final plat review, Brian stated that staff was satisfied the survey requirements would be met. Brian said the County surveyor and Larry Rice, Public Works Director, had been notified of the survey inaccuracy along with Dave Bateman. After discussion with all parties, he said it appeared that the property owners were satisfied regarding clarifying the survey inaccuracy. Commissioner Schlangen asked if staff was recommending adding Butte Ranch Road to the hearings officer's conditions, "under 7, #15," and if the Board should also add "surveyor shall verify?" Brian agreed that adding Butte Ranch Road was the staff recommendation but felt that it was not necessary to add the surveyor verification portion. He felt it had been flagged sufficiently. Brian stated the last condition that staff recommended to the Board was the clause that read "all property owners and subsequent development of the proposed parcels in the partition shall utilize Butte Ranch Road only for road access" and that this would be added under condition #16. Brian explained that it was in the findings and decision by the hearings officer but had been omitted from the conditions of approval. Therefore, staff recommended that it be added to the conditions of approval. There were no more questions from the Board. SCHLANGEN: I would like to move upholding the hearings officer's decision with the added conditions and corrections as outlined in the staff report. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES 16. CONVENING AS THE GOVERNING BODY OF 9-1-1/RESOLUTION 93-016 Before the Board was consideration of Resolution 93-016 transferring appropriations within the 9-1-1 county service district budget. MINUTES PAGE 8 2-24-93 r`4_, SCHLANGEN: Motion of signature of Resolution 93-016 transferring appropriations within the 9-1-1 county service district. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: EXCUSED THROOP: YES DATED this � day of 1993, by the Board of Commissioners of Deschutes County, 0 ego . Tom(Throop, hair ATTEST: Nancy Pope Schlan en, Commissioner Recording Secretary B. H. Slaughter, Commissioner MINUTES PAGE 9 2-24-93