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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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