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2002-139-Minutes for Meeting February 13,2002 Recorded 2/27/2002DESCHUTES COUNTY OFFICIAL RECORDS CJ 2002.139 JTES MARY SUE PENHOLLOW, C COMMISSIONERS' JOURNAL CLERK 0212712002 04:47:39 PM 2-A Board of Commissioners AtA A 1130 N.W. Harriman St., Bend, Oregon 97 701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke MINUTES OF MEETING Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 139 2002 The Homestead Building, 57085 Meadow Road, Sunriver Present were Commissioners Tom DeWolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Rick Isham and Laurie Craghead, Legal Counsel; Tom Blust, Road Department; and George Read, Catherine Morrow and Doreen Blome , Community Development. Also attending were Les Stiles, Sheriff, Media Representatives Barney Lerten of bendnet.com, Brooke Snavely of the Sunriver Scene; Libby Beaubien of Z-21 TV, and Jeff Mullens of KBND Radio; and approximately 100 citizens. Chair Tom DeWolf opened the meeting at 10:03 a.m., and asked that those persons wishing to testify to speak clearly, speak one person at a time, spell their names, and be respectful of the others. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was the Reading of a Proclamation, Declaring March 1, 2002 "Read to Kids Day" in Deschutes County. Chair DeWolf read the Proclamation; and Mark Molner of the Bend Education Association thanked the Board for recognizing the importance of encouraging children to read. LUKE: I move approval of this Proclamation. DALY: Second. Minutes of Board of Commissioners' Meeting Page 1 of 13 Pages Wednesday, February 13,uality Services Performed with Pride VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: I move approval of the Consent Agenda. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Consent Agenda Items: 3. Signature of Order No. 2002-028, Setting a Speed Zone Designation of 35 MPH on Bozeman Trail (Conestoga Hills Subdivision). 4. Signature of Order No. 2002-029, Setting a Speed Zone Designation of 35 MPH on Butterfield Trail (Conestoga Hills Subdivision). 5. Signature of Order No. 2002-030, Setting a Speed Zone Designation of 35 MPH on Chisholm Trail (Conestoga Hills Subdivision). 6. Signature of Order No. 2002-031, Setting a Speed Zone Designation of 35 MPH on Pine Vista Drive (Woodside Ranch Subdivision). 7. Signature of Order No. 2002-032, Setting a Speed Zone Designation of 35 MPH on Tall Pine Avenue (Woodside Ranch Subdivision). 8. Signature of Order No. 2002-035, Setting a Speed Zone Designation of 30 MPH on Lazy River Drive (Lazy River South Subdivision). 9. Signature of Order No. 2002-034, Transferring Cash among Various Funds as Budgeted in the Fiscal Year 2001-2002 Deschutes County Budget, and Directing Entries. 10. Signature of Deschutes County Policy No. P-2002-093, Regarding County - Issued Credit Cards (Sheriff's Office). 11. Approval of One New Track -type Tractor for Use in Landfill Operations (Budgeted). Minutes of Board of Commissioners' Meeting Page 2 of 13 Pages Wednesday, February 13, 2002 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $710.35. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $904.17. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $384,392.26. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Page 3 of 13 Pages Wednesday, February 13, 2002 15. Before the Board was a Public Hearing on Title 15.04 of the Deschutes County Code, Building and Construction Codes and Regulations (regarding Water Districts). Catherine Morrow gave a brief overview of the purpose of the hearing and the changes to the Code. MORROW: It does two things. First, it would require that properties within water districts that are new construction would have to be connected to the water district facilities unless the water district gives approval for the use of an alternate water source. Commissioner Luke raised some issues at the Monday work session, and we decided to redraft some of the language that exempts new construction in water districts if they have an existing domestic water source. So, they would not be required to get this approval from the district to hook up, if they have an existing well. I think that addresses part of your concerns. The second part of this amendment is to prohibit the use of irrigation water for domestic purposes. I know that we have representatives here today from some of the irrigation districts and also from Terrebonne Water District; they will likely want to testify. I also wanted to point out that at the work session we discussed Chapter 13.04 of the County Code that deals with water supply systems, and I wanted to clarify that the provisions of that section of our Code only applies to water systems that serve four or more connections. That exempts a lot of the individual hookup issues. We reviewed the language and the references that were made to Oregon statutes, and the definition from there defines water supply systems as only for four or more connections. DEWOLF: Can we approve one of these provisions without approving the other? MORROW: They don't have to be hand-in-hand. DEWOLF: One of the things that came up on Monday was that the state has sort of put the regulatory oversight onto the water districts for the domestic use of ditch water. What this would do is move that code enforcement, if you will, over to the County. Minutes of Board of Commissioners' Meeting Page 4 of 13 Pages Wednesday, February 13, 2002 MORROW: Actually, the language that we have proposed would require us, for existing connections, to notify the districts if we discover that there are existing connections to the ditch water. Then the districts would be responsible for enforcement at that point. We would only be regulating new construction that is using cisterns to make sure that those cisterns are not filled with ditch water. DEWOLF: So we would not become the water police. MORROW: Under the way we are proposing it. The irrigation districts might testify that they want different language. LUKE: So if you are out there on a separate code enforcement issue and happen to notice that the ditch water is running into the cistern, it would be our obligation at that point to notify the district. MORROW: That's the way it is drafted. DEWOLF: So that is the only code enforcement issue for the County. MORROW: That's correct. LUKE: I have one more question. One of the issues I raised is that you need a letter from the water district before a person can apply for a building permit. What if they take a long time to generate that letter? MORROW: We haven't actually drafted anything in the language before you to deal with that issue. But we are proposing that we develop a form for the district to complete. I understand the issue about them not returning it. We may have to include a sentence at your direction that if the form isn't forthcoming from the district, the presumption is that the district will serve. Then the building official would not be able to issue the final building permit unless they're hooked up to the district. Minutes of Board of Commissioners' Meeting Page 5 of 13 Pages Wednesday, February 13, 2002 DEWOLF: So we hold the public hearing today, and staff can work on language in that regard. LAURIE CRAGHEAD: If the language were substantially changed at the time of the second reading, it would be a good idea to be open to public comment. Otherwise, you will have to read the whole thing. DEWOLF: Are we considering a first reading today, or will this follow? CRAGHEAD: It's at your discretion. I would suggest we do the first and second readings later, with no emergency clause. Chair Tom De Wolf then opened the public hearing. DOUG MCLAUGHLIN: I'm with the Terrebonne Water District. We kind of precipitated this amendment. What we've run into is that in order to improve our water system, we had to incur a substantial amount of bonded debt. We're kind of in a position where if people don't hook up to our water district after we've improved it, it puts us in a bad financial position. As far as the issue that you raised with the paperwork, I would say probably what we should do is put a time limit on it, such as if the paperwork is not returned within a certain number of days, then that's it. Whichever way you want it to go. I would assume that if we aren't timely in returning the paperwork, that would show a lack of disinterest on our part to serve water. LUKE: That's opposite of what Catherine says. We can't force you to hook someone up. You're your own district. I think if someone is going to live in a water district, they should hook up to that water district. MCLAUGHLIN: I do, too; and it's in our best interest to take care of this in a timely manner. LUKE: The way the ordinance is written, a person cannot even apply for a building permit until they have a letter. It's not just you guys; there are other districts, too. Minutes of Board of Commissioners' Meeting Page 6 of 13 Pages Wednesday, February 13, 2002 MCLAUGHLIN: That's why I think a time limit of some kind might be necessary. Catherine and I spoke earlier about a standard form that everyone would use so you wouldn't have different types of letters coming in. Obviously there isn't a lot of information that is going to be required. Basically, yes, we will; or no, we won't. It shouldn't be too complicated. e We can certainly draft the language that's needed. What it comes down to is the building inspector issuing the final inspection of the house, and what the water supply is. They could go quite a ways down the line and then end up with the building inspector not granting the final approval if they won't hook up to the district. LUKE: If a bank is involved, the bank isn't going to issue a loan until they know what the water situation is. We can work through this. RON NELSON: I'm Secretary and Manager of the Central Oregon Irrigation District. I'm here to ask the Commissioners to at least consider being the water police. What we are trying to do is avoid anybody relying on irrigation water for domestic uses. DEWOLF: You want them to be mad at us instead of the district. NELSON: Precisely. We would like you to at least think about this. LUKE: How would you suggest that we do this? NELSON: Well, I don't know, but I certainly would like to open some dialogue on this. LUKE: This didn't come from the districts or the County; this came from the Federal government. NELSON: The Safe Drinking Water Act was passed decades ago, and we - the irrigation districts - were not included in these regulations under that federal act. Minutes of Board of Commissioners' Meeting Page 7 of 13 Pages Wednesday, February 13, 2002 NELSON: About fifteen years ago there was a lawsuit in California that ended with a decision that irrigation districts did not fall under this Act. Subsequent changes in legislation and rules occurred, and we were then collected under the federal Act. The feds delegated the regulation of this to Oregon, and the state health department notified us that we could fall under their jurisdiction, and would be subject to significant fines if we have a certain number of people relying on irrigation water for domestic use. Domestic use is not just drinking water; it's also oral hygiene, laundry, food preparation and so on. So it is a pretty broad description. We want to be just an irrigation district. We would like to continue the dialogue with the County about this. We've found ourselves in a hole, and the first thing we want to do is to make sure the hole doesn't get any bigger. By having an ordinance that would prevent future hookups to irrigation districts helps. We have about 150 hookups right now that are likely taking water directly from the ditch, although they won't confess to drinking it. Out of about 10,000 patrons, that's not a terribly big number, but it's big enough that we are subject to the state's rules. ELMER MCDANIELS: I'm Manager of the Tumalo Irrigation District. It looks like the buck has been passed on down from the federal to the state, to the county, and on down to us. We agree with the concerns of the domestic water problem. Our concern is regarding you notifying the irrigation districts when there is a violation. We aren't sure that we have the authority to get off of our easement. M1iJ" Don't you have the authority and ability to shut off the water? MCDANIELS: Would you shut a 100 -acre farm off because of the drinking water situation? LUKE: If you have the kind of liability you're looking at, I would. MCDANIELS: Yes, we can. But we're concerned whether we can go off the easements to notify them. DEWOLF: That's part of what we'll deal with in this ordinance. One way or another, you end up being responsible and should have the authority to do so. Minutes of Board of Commissioners' Meeting Page 8 of 13 Pages Wednesday, February 13, 2002 LUKE: How many customers do you think you have that fall into this category? MCDANIELS: We have about 83 out of 600 or so. And the old water rights say "domestic use A brief discussion then occurred regarding discussions about the issue and how the ordinance should be structured. Chair De Wolf continued the hearing to Wednesday, February 27, 2002, 10 a.m. 16. Before the Board was Consideration of the First Reading of an Ordinance Regarding a Text Amendment to Title 9 of the Deschutes County Code, Reflecting the Addition of Federal Land to the Deschutes River Corridor Restricted Area ("No Shoot Zone"). Commissioner Luke explained that Deschutes County is currently the only Oregon county to adopt these no shoot zones, which are parcels of land over which the County has jurisdiction, or are private lands whose owners have requested the zoning. The County is working with the U.S. Forest Service to close gaps in the affected areas. Doreen Blome' explained that this ordinance serves to update County text to reflect changes, per Federal law. She then pointed out the affected areas on an oversized map. She stated that the land across from Sunriver is not yet a no shoot zone; however, Cross Water has begun the process in that area. LUKE: I move first reading of Ordinance No. 2002-014. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the first reading of the Ordinance. The second reading and adoption will be considered at the February 27, 2002 Board meeting. Minutes of Board of Commissioners' Meeting Page 9 of 13 Pages Wednesday, February 13, 2002 17. Before the Board was Consideration of Signature of Order No. 2002-036, Approving the Notice of District Measure Election and Explanatory Statement for the Spring River Special Road District for the May 21, 2002 Primarily Election Ballot, and Ordering Publication Notice. Laurie Craghead stated that the Order and Notice must be approved and then delivered to the Clerk; and that the explanatory statement is still in the works. DEWOLF: Move approval, subject to legal review of the explanatory statement and publication notice. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 18. Before the Board was the Final Public Hearing on the Formation of the Sunriver Service District. Laurie Craghead provided an overview of this issue to date. The minutes of this public hearing were taken by a court recorder, and are attached as Exhibit A. The original set of minutes of testimony given at the public forum on Wednesday, February 6, is attached as Exhibit B. The "Sunriver Service District for Fire and Police Budget Forecast, New Tax Assessments and New SROA Assessments" is attached as Exhibit C. (Reference was made to this document through testimony given) The sign -in sheet for this public hearing is attached as Exhibit D. (Note: Many of the citizens who testified this day did not complete this sheet.) Also attached are hand-written notes regarding Sunriver property values, submitted by S & HLeasing (Exhibit E); a sheet showing Sunriver assessed values by type, submitted by Pat Fulisom (sic) (Exhibit F); a letter dated February 6, 2002 from Leland Smith (Exhibit G); and a document dated February 11, 2002 titled "Sunriver Service District Budget Proposal for Year 2002-2003" (Exhibit H). Minutes of Board of Commissioners' Meeting Page 10 of 13 Pages Wednesday, February 13, 2002 19. Before the Board was Consideration of Chair Signature of Amendment #18 of the 2001-2003 County Financial Assistance Agreement between the State of Oregon and Deschutes County, Authorizing Additional Funding for Mental Health Services (Document No. 2002-052). Chair DeWolf indicated that this item has been withdrawn from the agenda. LUKE: I move approval of Agenda Items No. 20 through 27; explanations of these items as provided by the departments are to be included with the file copies. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Items No. 20 through 27: 20. Signature of a CDO Sub -Contract with BestCare Treatment Services for Mental Health Services (Document No. 2002-053). 21. Signature of a CDO Sub -Contract with Central Oregon Extended Unit for Recovery, Inc. (Rimrock Trails Adolescent Treatment Services) for Mental Health Services (Document No. 2002-054). 22. Signature of a CDO Sub -Contract with Pfeifer & Associates, Inc. for Mental Health Services (Document No. 2002-055). 23. Chair Signature of an Intergovernmental Agreement (Document No. 2001-187) between Deschutes County and Central Oregon Regional Housing Authority, to Encourage the Development of Safe, Decent and Affording Housing. 24. Chair Signature of an Intergovernmental Agreement with Oregon Department of Human Services (Document No. 2002-057), Amending Various Provisions relating to Family Treatment Services. 25. Chair Signature of Oregon Health Division Grant Revision No. 6 (Document No. 2002-056), Providing Additional Funds for HIV Prevention and Intervention Efforts. 26. Signature of Resolution No. 2002-009, Appropriating New Federal Grant Funds for the Commission on Children & Family's Drug-free Communities Programs. Minutes of Board of Commissioners' Meeting Page 11 of 13 Pages Wednesday, February 13, 2002 27. Signature of Resolution No. 2002-007, Appropriating New State Grant Funds for Mental Health - Community Corrections Programs. 28. ADDITIONS TO THE AGENDA: A. Before the Board was Consideration of Signature of an Intergovernmental Agreement between Deschutes County and Lake County, to Provide Building Inspection Services to Lake County. LUKE: I move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. B. Before the Board was Consideration of Signature of a Personal Services Contract between Deschutes County and Bord na Mona for the Installation of Advanced Treatment Systems as a Part of the La Pine Demonstration Project. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. C. Before the Board was Consideration of Signature of Letters Appointing Mary Meloy of the City of Redmond and Bill Friedman of the City of Bend to the Upper Deschutes Watershed Council Board. LUKE: I move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Minutes of Board of Commissioners' Meeting Page 12 of 13 Pages Wednesday, February 13, 2002 Being no further items brought before the Board, Chair Tom DeWolf adjourned the meeting at 12:16 p. m. DATED this 13th Day of February 2002 for the Deschutes CTuntyloard of Commissioners. Tom DeWolf, ennis R. Luke, Commissioner ATTEST:ln�w &"04 � Michael M. Daly, C missioner Recording Secretary Minutes of Board of Commissioners' Meeting Page 13 of 13 Pages Wednesday, February 13, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M. WEDNESDAY, FEBRUARY 13,_2002 THE HOMESTEAD BUILDING, 50785 MEADOW ROAD SUNRIVER, OREGON DESCHUTES COUNTY OFFICIAL RECORDS Q 2002013 MARY SUE PENHOLLOW, COUNTY CLERK ORIGINAL COMMISSIONERS' JOURNAL 01/27/2002 04;47;39 PM A CASCADE COURT REPORTERS (541) 385-5664 �� f4i� 1-r A 1 .7 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 COMMISSIONER DeWOLF: This is now No. 18, a final public hearing on the formation of the Sunriver Service District. Laurie. MS. CRAGHEAD: To go over again what probably several people have heard several times, but just for the record in case anyone wasn't here, this is the proposed county service district to be established covering the Sunriver Resort area. The name of the district would be the Sunriver Service District and would be to provide the services that are set forth in the statute for fire prevention and protection, security services by contract, law enforcement services, and emergency medical services, including ambulance services, and to construct and maintain and operate the related facilities. The original proposed permit rate limit for this was 3.95 per thousand, and that would be something for the board to decide today, whether to stay with that. I understand that we have a proposal for a lowering of that. I also want to enter into the record the transcript that was prepared by the court reporter at last hearing for that hearing, and I have it here and it will be in the record for that so if there was anyone who testified last week it is now in the record CASCADE COURT REPORTERS (541) 385-5664 U • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 and will be included as part of this hearing. COMMISSIONER LUKE: Laurie, would a copy of that be made available to the Sunriver committee who is working on this? MS. CRAGHEAD: It can be. COMMISSIONER DeWOLF: They can have mine. I've read it, if anybody wants it, having trouble sleeping at night, that sort of thing. MS. CRAGHEAD: It is 70 some pages long. COMMISSIONER DeWOLF: Can we make the Sunriver Service District the water police? MS. CRAGHEAD: I would have to look into that and see if the regulations allow that delegation. COMMISSIONER DeWOLF: What do the irrigation folks think about that? They have all left. Oh, well. Anything else? MS. CRAGHEAD: Yes. I would also like to put in the record again the Notice of District Election as approved by the Department of Revenue, the state Department of Revenue. We are still working on the explanatory statement and the publication notice. I want to emphasize that the criteria for the board to decide on this district, which you have already approved in the initial hearing but this is a statutory formation -- formality that we need, is that CASCADE COURT REPORTERS (541) 385-5664 • 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 you need to approve the district, you will need to order the ballot title, you will need to order the explanatory statement and the publication notice, you will -- the criteria on which you base your decision is what was in the original initial order, which was related to the land use criteria, and also whether or not the area would be benefited by the district, not whether the -- and that's your criteria, whether it would be benefited by, not necessarily if this is the best idea, but if it will be benefited by the district. COMMISSIONER DeWOLF: When it comes time for motion making, assuming that we get there, you will be able to help us with whatever will keep us out of court? MS. CRAGHEAD: Right. And that's another thing you'll need to order, as well as setting the election date for this. COMMISSIONER DeWOLF: Great. MS. CRAGHEAD: So I want to enter into the record also the map of the district, the legal description, and the ballot title, and we will take care of the order for the explanatory statement and publication notice later. COMMISSIONER DeWOLF: And I should probably enter into the record an e-mail that I received from CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Gary Fiebick yesterday that I had a series of questions that I got answers for, and so I'll give that to you when I'm done. MS. CRAGHEAD: I'll also mention that I did -- the e-mail from Gary Fiebick I also entered in, the documents that were enclosed that there were copies on the back table for that included the revised budget totals and explanations for that. COMMISSIONER DeWOLF: Which is -- these are two separate e-mails we are talking about. COMMISSIONER LUKE: We had a couple. COMMISSIONER DeWOLF: Right. MS. CRAGHEAD: Okay. COMMISSIONER DeWOLF: Okay. With that, the one thing I would request is that anything that was stated last week is already in the record and does not need to be repeated, and anybody that does is buying lunch for us today, and other than that I would just remind everyone to -- I mean I don't really think it's necessary here, but to remain civil and keep your comments brief and to the point and we will get through all this just fine. First up on our list, and we won't restrict this to the people here but these are the folks that signed up, and when they are through we will ask if CASCADE COURT REPORTERS (541) 385-5664 • 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a anyone else would like to testify. Mike Brennan, you are first up. MR. BRENNAN: I would like to defer to Mr. Fiebick, who can explain better what the board has put together. COMMISSIONER DeWOLF: Okay. He is on this list but way, way down. Jim Harnish. Good morning. MR. HARNISH: Good morning. My name is Jim Harnish. I'm a Sunriver full-time resident, and I'm looking at a huge tax increase if this proposal goes through and I have a couple of concerns. One concern is the district's FTE will remain constant over the next three years. Considering that rental activity is down last year, considering the village mall is half empty, give or take, and I'm wondering if -- and also considering that it's easier to add staff than it is to take away staff, that perhaps my tax burden could be substantially less if the FTE were reviewed and fewer staff were here to provide security and safety for the Sunriver residents. I'm not 100 percent convinced that the police force is the best group to enforce the special little Sunriver Owners Association regulations, rules and regulations that we have. Some of the big ones, they do -- we do need their clout. Some of the smaller CASCADE COURT REPORTERS (541) 385-5664 • i C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 ones, which they tend to overlook, perhaps could be done by some other agency, and therefore I think we need to look at the staff issue. I think we do need a public service district but do we need such a large one? Thank you. COMMISSIONER DeWOLF: Thank you. Hary Abrams. MR. ABRAMS: I have copies of the county assessor's office evaluations at Sunriver Properties with means and medians and so forth. COMMISSIONER DeWOLF: We'll need you to get up to the microphone so we can pick this all up on tape, please. MR. ABRAMS: First of all, let me say that I have to admire the people who serve on the Sunriver board in a voluntary capacity. I would never go near that with a ten -foot pole. You need your head examined to suffer through that kind of indignation. You can't make anybody happy. COMMISSIONER LUKE: We have a lady out here who needs your name. COMMISSIONER DeWOLF: We need your name for the record. MR. ABRAMS: I'm sorry, Harvey Abrams, M.D. I have a number of copies of the assessor's CASCADE COURT REPORTERS (541) 385-5664 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office evaluations of Sunriver that were faxed to me, and also to Tom DeWolf, who asked me to get this information. They are confusing and he was confused by them as was I, and I tried to extract as much as I could, and because numbers are always confusing I'm going to get right down to the meat of the discussion. First of all, the proposed reduction in assessments by SROA will amount to a savings of slightly over 1.8 million dollars. Now, that's a significant sum if you add up the figures that Gary Fiebick's submitted in his handout today. We have about 2.3 million dollars worth of operational costs projected for both the fire and police department. In other words, we are a half million dollars short of financing the police and fire departments on the savings of reduction in annual assessments to Sunriver owners, and if you take the number of homes in Sunriver, which the county -- homes, condominiums, non- commercial and vacant land, that would result in an assessment, initial assessment, if we did not have an SD of $12 a month to every land owner, homeowner, and condo owner in Sunriver, excluding any contributions from the commercial properties or from Sunriver Limited Properties, $144 a year more, equitably distributed among all property owners without having to change a CASCADE COURT REPORTERS (541) 385-5664 • C7 �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I thing in Sunriver. Now, the argument that we can't provide PERS to our employees and therefore we lose our employees may be a valid one or it may not. We certainly are able to provide maximum funds through 401 -Ks, other retirement plans, and special programs like 529 to provide incentives to keep -- to get and keep good personnel in both the police and fire department, but one of the problems that lies therein in personnel coming here is that there is not an opportunity for significant promotion. There is not a lona line for promotion, a continuum. And this is a great place for young people to get the experience to move on to someplace that has, in quotes, PERS. We can match PERS just on our private or 401-K programs. We can match salaries of the other districts in the area, but that still will not guarantee the retention of our personnel, and to assume that because we are covered by PERS leaves a lot open for argument. Now, there are four options that we have. We can remain unchanged, which is what I just offered you. We can have a contract with the sheriff's department. In discussion with Sheriff Stiles, he projected a contract cost to Sunriver to maintain a substation here CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 in Sunriver and provide exactly the same services at somewhere between 1.2 and 1.3 million dollars annually. Deschutes County under Sheriff Stiles would assume our liability, which is woefully inadequate. As a practicing anesthesiologist I had 10 million dollars of malpractice insurance and 40 million dollars of total coverage, and we only have one million, ten million? That scares the hell out of me. So, the savings at $35 a month reduction that Sunriver Owners Association board has proposed would amount to a $1,800,000 reduction. 1.3 million of that going to the sheriff's office would result in a net saving of somewhere between 500 and $600,000. From Mr. Fiebick's figures we would need another half a million dollars to support our own fire service, and that half a million dollars would amount to $150 a year per lot, $12 a month. Okay. If we form a district we know what it's going to cost. The tax rate for Sunriver is 10.1849 percent. At 3.95 the tax rate raise would be 38.78 percent, less than the 50 percent that I offered the last time, but that's the accurate figure from the assessor's office. That's a substantial raise in taxes. Commercial properties and Sunriver Limited Properties will contribute a significant number of CASCADE COURT REPORTERS (541) 385-5664 a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 dollars to this project. As a consequence, we may not even see a $12 -a -month rise in our annual costs, our assessments. The third -- the third choice we have is the district. The fourth choice we have is a district with a contract with the sheriff's office so we have no operational expenses and no operational functions except to oversee the execution of the contract by the sheriff's office. So, we can form a district but if we do form a district and we decide to abandon the district we are still liable for the PERS for three years, even if we don't levy any money for that -- for that district, and you can't abandon that liability or obligation. A contract, a district, a marriage, a partnership are all tough to get out of and easy to get into. Thank you. COMMISSIONER DeWOLF: Thank you. The one thing that I wanted to make clear is that in reading the fax that I got, I wasn't confused by the fax, I was confused by what your point was, and so I just wanted to be clear. I understand these assessed values and I understand your point better now. Thanks. MR. ABRAMS: Incidentally, according to the county assessor's office, the mean taxed value in CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 Sunriver is $227,000. Now, there are a couple other points to be made. COMMISSIONER DeWOLF: According to the fax that I received, the mean total of all properties combined is 190,450. That's the grand total at the bottom of the page. MR. ABRAMS: That's correct, but that includes commercial properties. COMMISSIONER DeWOLF: Yes, it does. MR. ABRAMS: And I'm excluding that. I'm just talking to the residents. COMMISSIONER DeWOLF: Just the residential at 227,148? MR. ABRAMS: Right, 227,148. If we went ahead with the district, there would be lots and condos that would have a -- actually have a decrease in their annual costs. COMMISSIONER DeWOLF: So they might be more inclined to vote for this. MR. ABRAMS: That's right. They might be more inclined to vote for that. COMMISSIONER DeWOLF: Thanks very much. Gary, you are next up. MR. FIEBICK: For the record, Gary Fiebick, general manager, Sunriver Owners Association. CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 F -I -E -B -I -C -K. If we can get this power point projector to work -- COMMISSIONER DeWOLF: It's starting. MR. FIEBICK: -- we will have some summary information to share, which may help clarify some things. What we will do is this power point is going to just hit the highlights of the material that was a handout when you came in today, and I don't want to bore you with every line and every detail. COMMISSIONER DeWOLF: Thank you. MR. FIEBICK: But we felt that it would be good to explain some of the changes that have been made since the last meeting and how we, the board, arrived at a recommended maximum tax rate. So we will start out with the Sunriver Service District for fire and police. The budget forecasts in this case are primarily to support what the new tax assessments would need to be and the maximum tax rate would need to be. We also have done an outline of what the new SROA assessments might look like should the district be approved by the voters. The first review is the authority for the two operations. The Sunriver Service District would obviously be a public agency and its authority is CASCADE COURT REPORTERS (541) 385-5664 • 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 through the Oregon statutes, and the governing board is the Board of Commissioners. SROA is currently and will continue to be as far as I know a private non-profit corporation under the laws of the State of Oregon, so therein you have some complications about transferring things between two entities. Next, budget year, in terms of trying to reconcile costs in some of these budget forecasts we have done you have to realize that Sunriver Service District as a public agency would have a budget year of July 1 through June 30. SROA's budget year is January 21 through December 31, calendar year. Therefore, there are some differences because of overlapping operations. Basic funding sources, Sunriver Service District has a primary budget resources from a property tax levy and permanent tax base maximum, which the commissioners are considering today. Sunriver has a budget funding primarily from assessments to property owners. Those assessments fund approximately two-thirds of the Sunriver budget at this time. Funding growth. On the Sunriver Service District, the permanent tax rate can be applied to a CASCADE COURT REPORTERS (541) 385-5664 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 tax -assessed value that could normally increase about three percent per annum, by state law, except for new construction, annexation, et cetera. It might go up slightly higher than that. SROA's board of directors through the documents may increase its assessments up to six percent annually without a vote of the owners. COMMISSIONER LUKE: Let me make a point, the permanent tax rate cannot change. THE WITNESS: Right. COMMISSIONER LUKE: The evaluation of the property and the new construction added to the valuation, but the permanent tax rate cannot change. MR. FIEBICK: Right, the permanent tax rate cannot change but the property that it's applied to could have higher values. COMMISSIONER LUKE: Right. MR. FIEBICK: Therein you can raise more money through that change. Budget forecasts, Sunriver Service District budget is based on historical experience and costs from SROA's operations, and is -- also includes some other things because as a new entity it will have some expenses other than the current department operations, and we will cover that later. CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 Sunriver Service District will be a stand alone operation with those additional requirements. Asset assumptions, at this point Sunriver Service District is -- it's proposed to acquire the personal property assets for $1.00 from SROA for those two departments. Because those two departments will serve essentially the same properties, the same constituency, there is really no damage done to anyone by that transfer is the reasoning behind that. SROA plans to retain ownership of the real property assets and to lease those to the Sunriver Service District on a net basis. One reason basically for that is that according to legal counsel's advice it would take a vote of the owners to sell or transfer the property or the reserves to a district, and that could sometime -- happen sometime I suppose in the future with that kind of a vote. District tax rate, the county commissioners in the beginning of this process had to determine and establish what might be a maximum tax rate for the district, and they chose out of their experience to set that at 3.95, because I understand through this hearing process we could not increase it from that number but it can be decreased, so let's talk about the first year levy based on the budget forecasts that we have done. CASCADE COURT REPORTERS (541) 385-5664 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 First year levy is projected to be at about $2.98 to fund the district's first year requirements. Now, based -- based on a number of changes and assumptions, the board of directors is recommending to the county commissioners today that a maximum rate of $3.45 be recommended for this new district. Employees, the budget projection is developed with assumptions that the district's FTE will remain constant over the next three years. You have to make some assumption to have valid budget forecasts, and so certainly we are not -- what the intent is there is we are not proposing that it would increase and there still would be room for a decrease in the future if deemed to be appropriate. We will take a look at the next page, which is a forecast, I don't know how well you can see that, of the district budgets and how we came to the tax rate levy. The first section up there is -- relates to the department budgets as they are currently organized. The one adjustment we made on the fire department budget since the last time we talked about this is we took out the hydrant standby fee. The hydrant standby fee is the water rate fee that's charged by the utility company to maintain charges and maintenance for all the fire hydrants in CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the community, so the board determined that it would be better for that fee to be paid directly by SROA and not the district. Cities,in other communities own their water and sewer so they don't have that separate charge or So, going down, the reserve contributions for fire -- furniture, fixtures and equipment, the total for the two departments about 150,000, that represents a fair percentage of what we put away now for those department assets. Other costs that are not allocated currently, the vehicle services, the administrative costs and the accounting costs are prorated and allocated now. Vehicle costs or vehicle services are certainly actual, but that's carried under Public Works currently. Rent estimates, we adjusted those from the input that was given knowing that SROA would remain as landlord, particularly for the fire department especially. We reduced the rents here in this iteration so that the rents are about five percent of the development costs, improvements costs that created those facilities, and you could look at that as economic opportunity costs if we had that cash in the bank, and as landlord and through a lease the CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 association would still be required to replace or repair some of the major elements in those facilities. So you get to the subtotals or the grand totals, operating expenses then for both departments 2,363,377. As we said last time, because we are starting or we are taking one organization and splitting it up, there are going to be some additional costs for the second organization, legal costs. Well, there is 20,000 here for the district, we reduced the SROA costs slightly. Insurance for casualty, fire, vehicle and liability is an estimate based on what we know it costs now. Computer system, even though SROA will in this example serve the accounting function, we will have to have separate systems and so forth to account for their budgets and expenditures, et cetera. Interest expense, TANS, tax anticipation notes or whatever it might be, most districts and public agencies in the state have to borrow to fund their first four or five months of operations, particularly for a start-up organization, so that's what that interest expense is all about. Board functions, that would be for meetings, training, seminars, conferences for board people. Operating contingency, this is based on five percent of the operating requirements, not including the CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 contingency. We did reduce the SROA contingency in So, total requirements to fund the district is 2,596,709 by this example, this forecast. Now, the district will have some revenues, ambulance revenue, fire med program, and the proposal is that SROA will contract with the district for pathway ranger, so the pathway ranger contract income to the district from SROA will be a revenue there. So the property taxes to balance requirements after the revenue considerations, 2,420,523. Now, there is a little quirk that happens that the countywide experience for tax levies is that you have to levy -- you only receive about 92 percent of the dollars that you levy. The reason is that you have some delinquencies and then you also have the prepayment discounts that are available. So, you use this formula and divide that requirement by .92, because you know you have to levy the 2,631,000 in order to have the dollars collected to operate. So based on that, and you divide that levy number by the tax -assessed value that was provided by the county assessor, and we did assume that the current tax -assessed value would go up three and a half percent next year, or in the first year of the district, so CASCADE COURT REPORTERS (541) 385-5664 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 when you divide those numbers you get $2.97.669 per thousand, or rounded off for example purposes here, 2.98 rounded off. So that's how we got to that. Won't spend a lot of time here but this is the background for -- the top section here is the true cash values for all Sunriver, and the true cash values for all of Sunriver is 1,232,108,802. The next section is the final tax -assessed value calculation as presented by the county assessor, and that's 853,977,211. We have broken those out as we know from our specific list of which items are resort, golf, commercial and residential, and the lower two calculations we were just using assumptions. If the tax -assessed value only grows at three percent what that would be, or if it, in fact, increases about three and a half percent over the next six years, what that would look like. This slide shows -- this page three of five in the financials that you have, this shows the recast budget for the association. The top section shows what the total current SROA budget is. Second section is the -- are the reductions. The fire and police department budgets for '02 are reduced except we took the fire hydrant out of there. Second is the reserve contribution reductions, so if SROA's current reserve CASCADE COURT REPORTERS (541) 385-5664 • n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 contributions are 320,000 and change, we are taking 150,000 out of that for the fire and police so we have reduced SROA's by that amount. Legal expenses, we reduced SROA's by 5,000. Insurance, casualty, property, vehicle, liability, we know that from some of the insurances, about 24,000 of the SROA insurance could be reduced so we did that. Because SROA's operating contingency is based on four percent of assessments, we reduced what SROA's operating contingency number would be, so we would take those subtotal of expenses away from the current operating and it looks like Sunriver's revised operating expense budget based on the current year budget would be 3,579,666. The lower half shows some of the revenues we have. Based on the assumption we made with the district there is some new revenues there, so we have revenue from other sources which will continue, 1,529,135. We have new revenue, which is district facility rent for fire, district facility rent police, new revenue, the district contract services for the vehicle, accounting and administrative services; commercial assessments, that's based on a formula by the Sunriver Consolidated Plan. Resort assessments, same plan formula, or it's a different formula but CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 provided for in the plan. Then the golf assessment is based on a separate formula, and that is also in the consolidated plan. We take away those revenues, assuming they will all stay there, and so the residential assessment to balance the SROA budget is 1,620,114. If you divide that by 4,124 residential units, you come up with a monthly assessment revised of about just under 33 or $34, so that estimated revision of the SROA monthly maintenance fee is a forecast and may vary by a dollar per month in either direction when the final budget is set after knowing that the district is created by the ballot measure. The examples we have done for this work are based on a $34 -a -month revised SROA monthly maintenance fee. The examples about what properties will pay more or in total, the commercial properties in aggregate because there are several owners of commercial properties, if you take the revised SROA assessment by their formula and add the public district tax assessment for the first year of 2.98, their combined total over the current assessment they pay would be 31,000 a year, 31,047. That's an estimate. Resort properties, and that includes more than CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 just the resort. As I mentioned last time it includes like the Trout House and also the hangars, because they are on property that were classified as resort in the consolidated plan, again those resort properties when they do revised formulas for assessments for SROA and the public safety district tax assessment, their combined total is 91,863, and you take away the current assessment total, the increase for all the resort properties will be roughly 35,173 annually. Residential properties, the first example here is. showing $34 -a -month residential fee, the new tax, and compare that with the current assessment total, so a property that has a current tax -assessed value of 200,000 will have a $141 -a -year increase, or monthly increase of $11.75. Property with a $300,000 tax -assessed value would end up with a $439 -a -year increase in the combined new fees, and the monthly increase would be 36.58 on this example. A property that has a tax -assessed value of 500,000 would have an annual increase of 1,035, and a monthly increase of 86.25. Now, using a formula to find the break even point, that is the tax -assessed values below or above this, if your tax assessed value is below 152,685, CASCADE COURT REPORTERS (541) 385-5664 • �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 then you will probably pay less in the combined fees and taxes. If your property tax -assessed value is higher than that, you are going to pay proportionately higher rates for the combined totals. The last page is looking at the numbers that we have, there are 4,124 residential properties. We divided the tax -assessed value that we had remaining when we took out commercial and resort, and that, average or mean value of residential is 198,814 based on tax -assessed values. The mean value or average of -- based on true cash value is 289,107. So I did an example with the mean value property of 198,814, and so the average value property with the revised SROA assessment and the new tax assessment for the first year would have a $138 a year increase or $11.50 per month increase. COMMISSIONER LUKE: Are the owners association dues that are paid for these services now deductible on their taxes? MR. FIEBICK: Generally no, except that we believe that approximately 50 percent of the homes that are out here are on a rental management program of some kind, and some of those owners may, in fact, include those as expenses with their tax returns. I don't know, but some of them may. CASCADE COURT REPORTERS (541) 385-5664 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMMISSIONER LUKE: But the owner -occupied ones, the property taxes would be deductible where the dues are not. MR. FIEBICK: Correct. COMMISSIONER DeWOLF: How is fire protection paid for now and would any of those costs go down by -- because of the inclusion of fire in this proposal? MR. FIEBICK: Fire protection costs? COMMISSIONER DeWOLF: Yes. How do you pay for -- how do you get your fire protection now? MR. FIEBICK: We pay for it through the Sunriver Owners Association fees and dues. COMMISSIONER DeWOLF: So that's part of the reduction in those dues is that fire protection? MR. FIEBICK: Correct. COMMISSIONER DeWOLF: Okay. Is that it? MR. FIEBICK: That's it. COMMISSIONER DeWOLF: One request that I just received from legal counsel is that you make one of these copies available for -- formally entered into the record; otherwise, she is going to confiscate your laptop. MR. FIEBICK: Okay. Not a problem. COMMISSIONER DeWOLF: Anything else, Gary? CASCADE COURT REPORTERS (541) 385-5664 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 MR. FIEBICK: That's it, unless there are any questions. COMMISSIONER DeWOLF: Could we get the lights back up, please? Whoever's phone that is is buying everybody lunch today. That's the last person I have on my list who wanted to -- who signed up to testify. Are there others who would like to testify before the board this morning? Yes. COMMISSIONER LUKE: I thought he passed. COMMISSIONER DeWOLF: He did. He gave up his time to Gary. Gary took three times as much. MR. BRANNAN: Thank you. Mike Brannan, B -,R -A -N -N -A -N, vice-president of the Sunriver Board of Directors. I'm not going to repeat what Gary said, but I just wanted to emphasize we have heard from a lot of homeowners on this issue and some people are at least very emotional about it. We have tried to look and consider all of the different options and look at what would be best for Sunriver in the long run, and our conclusion is that the service district will maintain Sunriver as we want it better than any other option that we can look at. There certainly are other options, and if this CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 district does not pass we obviously will have to look at other options, but this keeps our police department as it is, it keeps our fire department as it is; yes, it does raise the cost to individual owners and the higher the value of their property the higher that cost will be, but on the other hand if they lived in Bend or they lived in Redmond or any other city, their costs for police and fire would obviously be proportional to their value of their property. It's interesting to note that our current tax rate is some $10.18, 19 cents per thousand. With this proposed district, the first year, adding the 2.98 to it, still puts it right at about $13.00 per thousand. By comparison the city of Bend is $14.67 per thousand, and if you live in a community such as Mt. High or Awbrey Butte you will pay an owner's fee there as well. The city of Redmond is nearly $19.00 per thousand. Even LaPine out here, which has the sheriff as their only police department, has a rural fire district, pays over -- excuse me, some $12.00 and change per thousand. Black Butte Ranch, which has a similar setup to what we are proposing, that is a service district for police and a rural fire district for fire, pays over $14.00 per thousand. CASCADE COURT REPORTERS (541) 385-5664 • s • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 And so I mean we are still a very economical community to live in tax -wise under this new scenario as opposed to other communities, but the primary emphasis is it's the best option in our mind for Sunriver to keep our community as it has been for over 25 years. One of the arguments about -- that has come up about the allocation of assets and why do we give them away instead of charging for them, the answer to that is quite simple, the new proposed district is identical to Sunriver. It's the same property, the same people. Those people have already paid for those assets. It would be very unfair to ask them to pay through a -- an ad valorem tax what they already own, so by putting it into the district it's the same people, the same constituency, and therefore that same equipment stays there. It's also a depreciating asset. Some of it has almost reached the end of its economic life. On the other hand, the real property some owners would say well, why don't you just give that property as well. There is still debt service required on the fire station and the police department as part of the administration building. Therefore, it's fair that whoever is using that should pay something to help continue to pay off that debt service. So that's why CASCADE COURT REPORTERS (541) 385-5664 • 0 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 we arrived at a very reasonable rate. COMMISSIONER DeWOLF: One of the questions that came up last week was what if the boundaries of the district change, expand, then new people would be brought in who would benefit from those assets that did not pay into it, would you have a reversionary clause that if the district boundaries increased that they would be -- that the assets would revert to SROA? MR. BRANNAN: We haven't looked at that specifically, but that contingency was one of the things we had to consider on the real property, of course, because if they did then that real property would obviously be serving a much larger contingency, but as building the budget for the district we built in reserves for replacement of those vehicles and assets anyway, and since that -- over time they are going to be replaced, a fire truck lasts 25 years, a police car lasts about five, so we believe that that would be a minor effect because of the new taxes that would be received from an expanded district if this should happen would lower everybody's taxes under the present budget. COMMISSIONER DeWOLF: Okay. Thank you. MR. BRANNAN: Thank you. COMMISSIONER DeWOLF: Anyone else? Sheriff. CASCADE COURT REPORTERS (541) 385-5664 • r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 COMMISSIONER LUKE: He's starting to dress like the Governor. Look at that, Levis. COMMISSIONER DeWOLF: How big's your buckle? SHERIFF STILES: It's all I had in the closet this morning. Les Stiles, S -T -I -L -E -S, Deschutes County Sheriff, and the only thing I wanted to comment on this morning was Hary was correct when he talked earlier that the number that had been given for contracting for services was between 1.2 and 1.3 million. What I didn't want to leave without clarifying for the record is that that number is hard and fast. In fact, that number was very rough numbers. We didn't do fine line number crunching, and it was with a caveat of plus or minus 10 percent when that number was presented to the SROA board. So, I just wanted that caveat in the record. That's it. COMMISSIONER DeWOLF: Thank you. Anyone else? Yes, sir. MR. FEE: Tom Fee. I live at 38 Yellow Pine here in Sunriver. What I have observed is affirmation that private enterprise does a better job than the bureaucracy. The numbers you presented this morning CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 if I'm reading them correct indicate that we did the job with the Sunriver owners for a million nine, and your projections show two million six to do the same job. We have to give up the autonomy and the control of our own destiny, and I dare say that when I heard about what was going on I thought the sheriff wants to take this thing over, and I'm generalizing so -- and he is going to send a sheriff's car around here once every two or three weeks to take a look around and that's not what we need. We need a private police force that we have had in Sunriver for 32 years doing the job and doing an excellent job. Now, I recognize that there are some legalities that we have come up with that make the assessment of the new district an imperative that we examine it, but is this something that does any benefit for Sunriver? I look at the numbers and I ask myself again, we're paying $74.00 a month for our homeowners, police, fire, all of the benefits that we have, and if we look at the new schedule and the expense here it looks like most of us would be going to 1,000 to $1,500 a year for the same thing that we got previously for about 800. The Sunriver Owners Association has done on extraordinary job and a marvelous job, and now we are CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 faced with the bureaucracy taking over and they have a built-in escalation of three percent a year in our tax assessments. Is that going to be real? What happens if the economy collapses totally and Sunriver is a destination resort, it no longer has the attractiveness because there is no money around? All the projections I see out of any bureaucracy indicates an accelerating, an advance, an increase in the taxes, an increase in the base, and they always assume the best. Are we faced with that kind of a future here? I don't know. This economy is still very tenuous and I think we all recognize that. But assuming that we have to go along with this, what it indicates to me is once the bureaucracy takes over, the assessed values, and they can raise -- the assessed values go up and the tax rate still has a balloon part in there that they can raise the rate, we are at the mercy of the bureaucracy. That's not why we moved here. That's not why Sunriver was formed. That's not what we have had. I'm trying to look at the benefits. The Sheriff talks about liabilities and litigation and all the potential problems, which we have discussed ourselves many times. It hasn't happened. Thomas Jefferson said "The price of liberty is eternal CASCADE COURT REPORTERS (541) 385-5664 C �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 vigilance," and that means in our own community that we need to be vigilant ourself with our own police and fire department. I've always felt that we could pay police, fire and airline pilots all the money they want. When we need them, we need them, and there is no excuse. The rest of the bureaucracy I have no use for. We don't need that part, and they keep expanding on the bureaucracy as the mentality grows from an independent, self-reliant community, which our founding fathers had in their minds, to a dependency on the state. Now, what we need in Sunriver is a police force that is here. The presence of the police force inhibits and prevents problems. We have no problems because our police do a great job and they are always' here. An occasional driveby of the sheriff's department is something that we don't need. We do need the police, and it looks like the only answer is to accept the fact that we are going to have to vote on the district, but my only purpose here is to call attention to the fact that once we give up our own -- control of our own destiny, you leave it in the hands of the bureaucrats and their objective is to expand the bureaucracy, as witnessed when Sheriff Stiles took over CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 and all of a sudden we need to take over Sisters, we've got to take over Sunriver, and I'm generalizing, Sheriff. Don't take offense at it. But, you know, private enterprise works best when left alone. We have been left alone and have done a marvelous job in Sunriver for 32 years. I fail to see the urgency of what we are facing, except for the fact that the sheriff has refused to commission our police. Why? How is he liable? I would like that explained to me, because I don't see or understand it as a private community and private control we should retain this, what we have here. It's a wonderful way, a wonderful life, a wonderful existence, and I'm looking at numbers that I know and you all know, taxes go up, they never come down. The bureaucracy is an unfeeling group intended to expand itself, and I would like to retain control of Sunriver but for the life of me I don't know how we can do it. I go back to the last -- to the election also when there was a big human cry during the service elections, Sunriver voted 555 for Brown, 603 for Sheriff Stiles. I voted for Sheriff Stiles. I found that the same thing happened immediately after the election of Sheriff Brown that all of a sudden the CASCADE COURT REPORTERS (541) 385-5664 • • r� LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 votes didn't count if the power -- see, bureaucracy, and I listen to this and I'm not convinced that anybody has our best interests at heart. This would not have come up if Sheriff Stiles didn't feel that there was some liability and commission our police. Hasn't been for 32 years. How come this is an urgency in 32 weeks or 32 days or whatever it all came up? In the operating levy where they are all trying to get the 50 percent vote, Sunriver voted 629 yes to 105 no. We have supported our community with the county, our police, our fire, and the bulk of the taxes that come out of Sunriver go to the county where it's dispersed amongst all kinds of nice goodies. What do we get out of those county taxes? Damned little. The operating levy for the sheriff was an attempt to circumvent the restrictions of Measure 5. It happened. We are stuck with it, and that we have to assume -- life goes on. Expenses are always there. But my problem with the whole thing is for 32 years we have lived in and grown and prospered. The Sunriver Owners Association did a marvelous job. The sheriff gets elected, and he decides that as of now there is a big liability and a big risk and we better do something about it, and all of a sudden we are faced CASCADE COURT REPORTERS (541) 385-5664 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 with giving up this control and I resent it. I think the arrogance is there and present, and for all the support that we have given, financially, votes and otherwise, I think we are getting it stuck to us. COMMISSIONER DeWOLF: Your unfeeling county bureaucracy thanks you for your comments. Is there anybody else who would like to speak to us today? Come on up. COMMISSIONER LUKE: He is not done. COMMISSIONER DeWOLF: Yes, sir. MR. FEE: Tom, don't take it personally. A bureaucracy is an unfeeling organization, has to be to be objective on what they do. Personally, here in Sunriver I can go to any -- to Gary, to anybody and talk to them about the problems and they are immediately there to take care of it. If I have a problem in my property and the county takes over, and we voted against incorporating the city, I did anyway, it takes weeks to get anything done. We don't have potholes in Sunriver because they are out there immediately the next day fixing them. They are on the road and taking care of them. They are responsive to us. CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER DeWOLF: I appreciate your position. MR. FEE: This is not an indictment of you or Dennis or anybody. I respect you. You do a great job. I wouldn't want to have to do your job for anything. COMMISSIONER LUKE: Tom, the county is not taking over. You will have a board out here that runs the district. The county -- MR. FEE: I understand. COMMISSIONER LUKE: -- goes through the budget process, but we are not taking over. MR. FEE: Dennis, my problem is we are losing our autonomy and the bureaucracy is taking over. COMMISSIONER DeWOLF: I would suggest, then, that you create a pact to oppose this proposal and then let democracy work. Isn't that what we are here for?? MR. FEE: That's why I'm up here on the podium. COMMISSIONER DeWOLF: Great. Thank you. Next. Yes. COMMISSIONER LUKE: You need to be on the mike. COMMISSIONER DeWOLF: It's his turn to be on but if you would like to be next come on up. MR. PENCE: For the record, my name is Scott CASCADE COURT REPORTERS (541) 385-5664 • �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M Pence, P -E -N -C -E. I own Sunset Realty. My company manages about 267 homes and condominiums, about 250 of which are here in Sunriver. I haven't taken a position on the matter, just because I don't know that there is enough information for me to clearly define what is best for the community. I would like to point out, and this is kind of following the gentleman before me, some concerns about bureaucracy. I would like to point out some things for consideration that perhaps have been overlooked. Last week Sheriff Stiles made it clear that what was right and fair was important. He stated that by having officers down here in Sunriver overseeing processes and procedures was unfairly burdening the rest of the taxpayers in Deschutes County. If you do not look at the whole picture that may seem true. The part that was left out was that from a historical perspective Sunriver contributes about 68 to 70 percent of the total room tax collections in Deschutes County. The sheriff's budget receives 80 percent of those funds. COMMISSIONER DeWOLF: Receives what percent? MR. PENCE: Approximately -- isn't it 80 percent? CASCADE COURT REPORTERS ( 5 4 1 ) 385-5664 • �i • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER DeWOLF: 80? No, not even close. MR. PENCE: Aren't we on an 80/20 split with COVA? COMMISSIONER LUKE: No. COVA, Central Oregon Visitors Association, gets $850,000 a year from the county. MR. PENCE: What is the split? What is the percentage? COMMISSIONER DeWOLF: You know, I don't know what that percentage is. COMMISSIONER LUKE: Mike Maier, county -- MR. PENCE: My understanding of the split is 80 percent and 20 percent. COMMISSIONER LUKE: Mike Maier, County Administrator. MR. MAIER: Mike Maier, County Administrator. There is two different funds. One of it is a one percent charge and one is six percent. The sheriff's fund receives 80 percent of the six percent and 100 percent of the one percent, with the exception of $14,500 going to the fair goes to COVA. So if you combine the two it's a little under 65 percent. MR. PENCE: Okay. So it's going to skew my numbers a little bit but I think I make a pretty good point here with regards to bureaucracy. CASCADE COURT REPORTERS (541) 385-5664 • • E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 I'll give my numbers, obviously you are going to have to pare them back a little bit due to the fact that 65 percent seems to be the number. For the fiscal year 2001-2002 the total room tax collections in Deschutes County were $2,967,401. Sunriver's contribution was likely to be I'll say 68 percent because again from a historical perspective 68 to 70 percent does come from Sunriver. The -- if -- my scenario was that 80 percent was the number, so obviously these numbers will have to be pared down. If the sheriff received 80 percent that would be $1,614,266, obviously a little bit high. My point being even if it's -- even if it's 15 percent less than that, we are still talking about 1.2 million dollars that's coming out of room tax collections from Sunriver, which are going into the sheriff's budget. Now, my question is pretty clear, is this -- are we unfairly burdening the rest of the Deschutes County taxpayers? I can't -- I can't help but think no, that just can't be, based on those numbers. And, you know, also remembering the fact that we have our own police department here in Sunriver. We don't have those services coming in here. The other point I would like to bring up, CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 which is a different concern, was that my question would be have we thoroughly researched all of the issues or potential problems this is going to create, one of which being what is the economic impact on the commercial interests here in Sunriver? We know that it was pretty clear last week that the commercial interests are going to be hit the hardest on this. You know, it's my understanding that we cannot give a break to, you know, like Sunriver, you know, Sunriver Resort, you know, Westin over at the mall, perhaps the Audias, basically some of the bigger commercial interests here, and it seems to me a bit odd because all across the country there are, you know, areas which offer breaks to commercial interests for the purpose of stimulus of the, you know, local economy. So, it just seems to me if it happens everywhere else in the country, have we done our, you know -- have we really researched just to see if that is potential here, because if you take, for example, the Village Mall, you have got a bad situation, I think everybody in this room would agree that we have -- whatever -- the occupancy over there is ridiculously low and it continues to get lower. What is the economic impact going to do? CASCADE COURT REPORTERS (541) 385-5664 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 Well, basically Westin's, you know, cost is going to go up significantly because of the tax so therefore he is going to pass it to the tenants. I'm a tenant over there. Therefore, what's going to happen is it's going to make it harder for businesses to stay there, in addition to that, you know, attracting new business, which we all know is difficult at this point in time, is. even going to become more difficult. Again, basically the point being we are going to make a bad situation worse. Not that I -- again, I don't have a position on this matter, but my question is have we thoroughly researched all of the potential impacts that this thing is going to have and perhaps answered some of those questions. So, those are my comments. COMMISSIONER DeWOLF: Thank you, Scott. Anyone else? Yes, sir. MR. ABRAMS: Harvey Abrams, M.D. A point of clarification, Tom Fee's concern about the sheriff's coverage, and I'm not here to defend the sheriff. I don't care who you voted for. In fact, Sheriff Stiles said that this contract would provide one supervising officer and two officers for patrol 24 hours a day, so -- in a substation here in Sunriver, not an occasional pass by CASCADE COURT REPORTERS (541) 385-5664 1 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 44 through the village. There are three concerns with regard to the alternatives here. One is liability for Sunriver, which I spoke to. The other is PERS for the service district, which is totally uncontrollable and unpredictable, and the county situation is an example of that, and the third is breach of contract by the sheriff's department. We have alternatives with breach of contract. We have alternatives with liability. We can raise our own liability limits, but we can't do a thing about PERS. COMMISSIONER LUKE: Thank you. COMMISSIONER DeWOLF: Thank you. Anyone else? Yes, sir. MR. FOSTER: I have one simple question. My name is Bob Foster, F -O -S -T -E -R. My question would be -- again, last time we met my question was how do we make this go away if it was voted in and at a later time wanted to make it go away. My question today would be if this comes to a vote, and my understanding of the vote issue would be registered voters in the district of Sunriver would vote on a decision that would affect the entire district, if it's voted and it fails what is the next CASCADE COURT REPORTERS (541) 385-5664 0 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 step? COMMISSIONER DeWOLF: Excellent question. Who would like to answer that? MR. FOSTER: I mean it kind of fundamentally comes to the point of why, why are we doing this? I mean I've been trying to pay as much attention as I can and I have yet to come to a realization on why this is even happening. COMMISSIONER LUKE: Use this mike. That way if he has additional questions you can answer it. MS. MILDES: We have researched all options -- oh, my name is Shirley Mildes, M -I -L -D -E -S, President SROA board. If the issue fails, and this is a May vote so we need 50 percent of 50 percent voting, if the issue fails we will go back to the drawing board. We have so many -- we have researched the issues for about the last two or three years, so we feel that we will be able to go back to the drawing board very quickly and come to a decision. Immediately, the only option would be to contract with the sheriff. MR. FOSTER: So if -- with that statement, then, immediately meaning when? MS. MILDES: After the vote or when -- if the sheriff decommissions our officers. CASCADE COURT REPORTERS ( 5 4 1 ) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 MR. FOSTER: So immediately after the vote we would have to enter into a next -day contract with the sheriff, or we would have this research period of time? MS. MILDES: Well, as long as our commission -- our officers are commissioned we can continue but yeah, we would have to immediately go into discussions with the sheriff. MR. FOSTER: And the commissioning of the officers, is this -- is this some kind of a legal contract that exists now? COMMISSIONER DeWOLF: Sheriff, do you want to come to a mike and explain? MS. MILDES: Be my guest. SHERIFF STILES: Les Stiles, Deschutes County Sheriff again. The answer to your question is very simple. If this measure fails, the commissions for the Sunriver Police Department would be withdrawn. COMMISSIONER LUKE: Not the next day, though. SHERIFF STILES: Not necessarily the next day. I think Scott asked me this question earlier. There are a number of other things that would be taken into account. I think last week, and I tried not to repeat myself today -- legal counsel has advised me six months ago to take the commissions away. The authority for CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 the Sunriver .Police Officers comes exclusively -- for their police powers comes exclusively from the sheriff. If Sunriver were a municipality or a governmental entity or a public safety district, they would have the statutory authority to empower their own police. Because they do not, the short answer to your question is very shortly after this vote if it does not pass I will be moving to withdraw their commissions. Frankly, I've been advised to do that months and months ago. COMMISSIONER LUKE: Aren't there other options, Sheriff? I mean they could contract with you. SHERIFF STILES: Yeah. I was going to wait to see if Bob wanted to follow up on that and then move into the other option portion. MR. FOSTER: I guess my question would be in the overall binding, I don't know the gentleman's name but the gentleman in the back there that mentioned bureaucracy, autonomy, time, all these things, what still seems very unclear to me is it appears now that the ball is in your court. You have the option of making something happen and forcing the change to come to pass, which is why this is all happening now. What I can't seem to figure out is where the why comes in and where the time line hits us. In other CASCADE COURT REPORTERS (541) 385-5664 • • 1�1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 words, if you are not going to pull it now but you are willing to absorb the time and the space and the liability issues as apparently has been done for 32 years, and you don't want to yank it now, why do you want to yank it immediately after the election or why -- why can there.not be a period of time -- this just does not seem to make sense to me what's happening here. Is -- Shirley has a point of view and a connection. Let me say it this way. The two issues that seem to come up seem to be fair and safe. My personal opinion is neither one exists and it never will. Nothing is safe, nothing is fair. It just doesn't happen. We are trying to provide safety and we are trying to provide it in a fair way, but we are trying to put ourselves in a position where we have to make an emotional decision right now. Every discussion I hear, everything I read seems to be based more on emotion than facts and structure and time. To make this kind of a big decision emotionally just doesn't seem sound. Every -- every -- your side, your side, your side, my side, we all have a question of what does this really mean and why are we doing it. CASCADE COURT REPORTERS (541) 385-5664 lJ • r �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I guess my statement would be if you control the leverage of time and that if we fail on an election and we are going to provide a leverage of time, why for do we have the election now, why do we not just have the time. We keep hearing there is different options, there is this option, there is that option. None of the options, through printed material, through the meeting processes I've been in, none of the options seem to be clearly spelled out. It's almost like the option is do this or you are damned. And that's my position is what is the time line, why now? SHERIFF STILES: Can I respond to that? MR. FOSTER: Yes. SHERIFF STILES: This discussion started almost a year ago, Bob. Frankly this discussion was held with the board that preceded Shirley. MR. FOSTER: Yes, but the situation started 32 years ago. COMMISSIONER LUKE: I was here in 1973 building houses and later we did the mall, ice skating rink, grocery store. This place has evolved over 32 years bit. MR. FOSTER: I was born in Bend, Oregon. I've been in Sunriver since I was 18. CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 COMMISSIONER LUKE: Right, but this has not been the same set up for 32 years. It has evolved over that time. MR. FOSTER: I understand, which lends back to the argument of lack of clarification. COMMISSIONER DeWOLF: I want to keep this so that nobody interrupts each other in deference to our court reporter, so if we just continue one at a time. MR. FOSTER: She was jamming. COMMISSIONER DeWOLF: She was jamming but I could see the stress lines going on her forehead there. Sheriff. SHERIFF STILES: Thank you. This discussion started a year ago with the board that preceded Shirley and it started for the same reason that I stated last week, that the advisory vote that was to be held last year and was, in fact, held last year was predicated on two assumptions: Form the public safety district or nothing changes. The response was when I was queried about that, no, that's not -- that's not so. Everything is subject to change in the future. There are other issues. Like Commissioner Luke said just a minute ago, this is an evolutionary process. So this is not a last minute -- in my opinion, respectfully, Bob, this is CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 not a last-minute emotional issue. This has been evolving now for almost 12 months. I have not nor should I get involved in terms of trying to influence a vote for what I believe is essentially a home rule issue for Sunriver. I will answer questions and provide information with which people can help make a decision, but there is no -- there is no underlying motive here other than civil liability, period. MR. FOSTER: Okay. A specific question then would be the issue seems to be decommissioning of the officers, control seems to be with you. What is the last date that you could foresee we could have commissioned officers, irregardless of a vote? I'll leave it at that. SHERIFF STILES: When I was approached or when we started talking about the potential for contract and the public safety district, Bob, I told this SROA board that I would work with them as closely as I could to not take away those commissions, and last week I believe I talked about some band-aids that we put into place, and those band-aids are essentially that almost any arrests or any kind of situation or pursuit the Deschutes County Sheriff's Watch Commander will become involved in the oversight of that. That's a band-aid. CASCADE COURT REPORTERS (541) 385-5664 • • � • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 It's not a fix. It's just a temporary -- I think somebody used the term last week about arterial bleeding or something. COMMISSIONER DeWOLF: Must have been after I left. SHERIFF STILES: We have some band-aids in place. I'm not terribly comfortable with them but I'm comfortable enough that we are going to continue, and I will honor the commitment that I made that we will carry this forward until the election, because there are a number of other potential options out there. For example, Gary brought up the possibility of they could form a district where you get the advantage of writing it off on your taxes and then the district charges a lesser rate to contract with the sheriff. If you don't like the contract, the sheriff isn't providing the service or meeting your needs, and I'm fairly confident that that might be the case for 12 to 18 months, at least perceptually, there might be some issues, you can always back out and form your own agency. You have got that in your hip pocket. Until those things are clearly delineated and discussed, until the concept of whether or not they want to look at a contract is clearly delineated and discussed -- and frankly Sunriver can't. I mean I gave CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 them plus or minus 10 percent numbers. They would need hard numbers. I'm not going to invest the time and the staff time in developing those kinds of numbers until I know that that's a reasonable option and the probability is greater than 50 percent that we might be going that direction. So, Bob, to answer your question, it's going to happen very soon after the vote if the vote is no. How soon, I don't know. It's going to depend on all these other variables, but very soon. COMMISSIONER DeWOLF: Thank you. Anyone else? Mike. MR. MAIER: There was a second part -- COMMISSIONER DeWOLF: Mike. MR. MAIER: Mike Maier, Deschutes County. I think the sheriff addressed the law enforcement part. We don't have anything to do, the county per se, but the fire part. So I would assume, and Gary can comment, that the fire department current situation would probably stay the same, but the county doesn't commission firefighters or medical technicians. I just wanted -- COMMISSIONER LUKE: Tell the lady how you spell your name because Maier is spelled -- MR. MAIER: M -A -I -E -R. CASCADE COURT REPORTERS (541) 385-5664 • C� J L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 COMMISSIONER DeWOLF: Yes, sir. MR. HEDEEN: A couple questions. First of COMMISSIONER DeWOLF: Name, please. MR. HEDEEN: Excuse me. My name is Keith Hedeen, spelled H -E -D -E -E -N. I live at 8 Rhododendron here in Sunriver. I'm a resident. One more -- one question of the sheriff. Is there still a negotiation open to a contract? Yes or no. I was expecting yes or no. COMMISSIONER LUKE: We have to be on the record. SHERIFF STILES: I have to be on the record. The answer to that is very definitely yes. MR. HEDEEN: Second question. We know that Black Butte has had an experience with this, and I don't know how many years, but have we learned anything from their experience? I don't know who could answer that. It's kind of a question of here is a place that has a service district that is operating and what has been their experience? COMMISSIONER DeWOLF: I think to be fair that you would need to contact them yourselves. Any of us here would have our opinions, but we don't live there. Are there any residents from Black Butte that are CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 familiar with the -- MR. HEDEEN: Has Sunriver looked into it? That's the question. One more question. You mentioned an overlap between districts where we would -- the fiscal year is different. How would the -- how would the transition be done? Would you start the district the year before, January 1 -- the July before or the July after? COMMISSIONER DeWOLF: There are actually two separate issues. The private organization that is SROA can have whatever fiscal year they want to. By becoming a district it becomes the county's fiscal year, which begins July 1st. So you would begin -- we would be going through a budget process and adopting this particular budget to begin July 1st, 2002, this coming July. MR. HEDEEN: Then there is six months of Sunriver and then the county would -- if it were passed? COMMISSIONER LUKE: You have to have your budget done by July 1 so they can certify the tax rate. The taxes are not collected until November so they have talked about that you have -- you can borrow money in anticipation of the tax revenue coming in to operate from July 1 until the taxes come in as part of their CASCADE COURT REPORTERS (541) 385-5664 r� 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W process. MR. HEDEEN: Sunriver would operate until July 1, half of the year. COMMISSIONER LUKE: The district starts operation July 1. MR. HEDEEN: July 1, so Sunriver would operate from January to the beginning of that, so there would be a six-month period. COMMISSIONER DeWOLF: Is that accurate, legal counsel? Once the district is formed, my assumption is the district is in charge, and that's as soon as the clerk certifies the vote. MR. ISHAM: Rick Isham, county legal counsel. They are independent questions. The district is formed when the Board of County Commissioners declares the result of the election. Because it's a May election, the Board of County Commissioners is exempt from the budget laws that apply on an annual basis, and you can adopt a budget and declare the tax for the next fiscal year. Now, you have a wide range of discretion, and there are circumstances where -- intervening circumstances where you may do something different than levy a tax because different decisions were made, but the district will be formed and effective July 1. CASCADE COURT REPORTERS (541) 385-5664 C7 L] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 If it does not levy a tax for three years it automatically dissolves. If it levies a tax, then it basically is a fully-fledged municipal corporation that operates pursuant to the budget that's adopted for that year. You cannot levy a tax in excess the amount necessary to balance the budget. But as to issues like employee transfer, the SROA employees are not public employees, they don't come under the Public Employee Transfer Act, so you are not assuming a duty of another municipality. So, basically decisions regarding contracts, employees, and all of those things are made independently pursuant to the adopted budget and the agreement -- the operating agreement which will be proposed between the operating board, essentially through SROA, and the Board of County Commissioners as the district authority, but nothing with respect to the vote binds the board to a particular decision. COMMISSIONER DeWOLF: Thank you. MR. HEDEEN: Then what I'm hearing you say, then, is we have -- if this were to pass, this budget would then take over July 1 of 2002. COMMISSIONER DeWOLF: Correct. MR. HEDEEN: So there would be a six-month period of which we would not be assessed or we CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M would -- Sunriver would benefit by six months of our dues; is that correct? COMMISSIONER DeWOLF: Gary. Has anybody ordered sandwiches? MR. FIEBICK: Gary Fiebick, General Manager of Sunriver Association. The plan at this point, we have reviewed that with legal counsel, I think the question is from July 1st to the end of the year this year what will SROA do. MR. HEDEEN: That's my question. MR. FIEBICK: The plan at this point is as many of you know about 40 to 45 percent of the owners pay for the year in advance and the others pay monthly. Commercial and retail typically pay monthly. The plan is that whatever the revised budget would be without the district, and let's assume it would be $34, then the difference of what the people who paid annually have contributed would be credited to their accounts, and then in July we would send out new coupons for monthly payments, which would be adjusted to the new rate. MR. HEDEEN: Thank you. COMMISSIONER DeWOLF: Thanks. MR. FEE: Tom Fee. I live at 38 Yellow Pine. In the elections for the school district and the CASCADE COURT REPORTERS (541) 385-5664 • J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 sheriff's levy, bonds don't always pass. The sheriff's levy didn't pass. The excuse given by the bureaucrats is always the public didn't understand. Therefore, we had another election for the sheriff's levy and it passed, and to Sunriver's credit it passed here by an overwhelming majority. My question to you, to the sheriff and to all of us is if this district does not pass, and there is some emotionalism involved in all of this, and I deeply resent being pushed around or forced to a decision that I don't really want; therefore, if it does not pass is it possible that the public and Sunriver didn't understand that we would have another election to clarify the issue or present us options that are not coercive but reasonable. As the gentleman before me asked and the sheriff answered it in the affirmative, would this open up discussions to a contract? I think there is just a lot of questions out there that are not answered, and I think it's imperative that we all understand what happens if it fails to pass and not the arbitrary well, if it fails to pass three months later we are going to have the sheriff in here and our officers will be decommissioned. CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And these guys worked hard. I remember when you were on the legislature, Dennis, and you went over there to get some legislation passed for our police and it was overwhelmingly approved and we have worked carefully. These are our people. These are our police, our firemen, our community. I don't want to see it pass away without finding out all of the other alternatives to what we have, and I don't think we know that. So should it fail, is it possible that we could have a clarification and another election, or is this going to be an arbitrary decision again? COMMISSIONER DeWOLF: I would answer that in a couple of ways. First of all, I don't recall ever saying that if a vote went one way or the other that the voters didn't understand. It's not a phrase that I personally used. MR. FEE: No. No. COMMISSIONER DeWOLF: I don't know about -- let me finish, please. In this situation, I'm going to be very clear that this is not something that's coming because of any decisions made by the Board of County Commissioners. The sheriff as a separately -elected public official answers directly to the voters in matters of CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 operations and in matters of interpreting what the law is and what his responsibilities and liabilities are, so.this is purely between the sheriff's office and the Sunriver Owners Association or the people who live in Sunriver. So, whatever happens after this is a negotiation that does not include the Board of County Commissioners, other than if it passes in our role as part of the county budget committee, which includes three additional members. So any negotiations contractually between Sunriver and the Sheriff are strictly between Sunriver and the Sheriff and do not include us. So in that regard we have no answer for you. Whatever Sunriver chooses to do is Sunriver's choice. What the Sheriff chooses to do is the Sheriff's choice. If that were to be that Sunriver would have come back and immediately put that on another election or up to another vote, that's up to Sunriver, not up to this board. MR. FEE: Well, I think this is important that we all understand that. What I have the impression of is it's either his way or the highway, and I don't think that's intended, yet that's what comes across, and I know the people and the mentality, I've lived in CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 Sunriver 14 years and I know their thoughts. We are an independent group of people that have formed a community that takes care of one another, and we have taken care of it for 32 years. I fail to see the problem that cannot be discussed further instead of a three-month arbitrary implementation in July just because the darned thing fails, and there is a good possibility that it could. I know the mentality here. COMMISSIONER DeWOLF: Thank you. MR. FEE: Thank you, Tom. COMMISSIONER DeWOLF: Anyone else like to testify? Tom, hobble on up. You should fire whoever it is that put the step over on this side because nobody's used it yet. MR. LARSON: It's hard to fire yourself. Thank you, though, Commissioner. I'm Tom Larson. I don't live here. I represent Sunriver Limited Partnership. Last week I spoke and I promise not to reiterate what I said. I'm sitting in the back and starting to twiddle my thumbs and twist my feet in the sense that information is incumbent upon us. I said last week, I think it was, that I didn't feel very informed to make a public position statement, if you CASCADE COURT REPORTERS (541) 385-5664 • r: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 will, for our business. In the last seven days I feel I do compliment the board. I was in the meeting a year ago when you shared your vision and you shared your numbers. I don't know if I agree with everything. I don't know if I understand everything, but in fairness to Tom, my friend, who we both are Catholic with our ashes on our faces today, we look like a cult, I think it is incumbent upon us to do the rest of the work ourselves. I think the commissioners have spent a lot of time and presenting themselves and making themselves available. I appreciate the sheriff coming here. This is not my political pitch, by any means, but I'm one of those guys that sometimes sit at a cocktail party and like to find the negativity of something that's being presented as a change, and shame on me for doing that. So I encourage maybe the board to find additional communication vehicles between now and the ballot measure that perhaps is more informational exchanges so myself, Bob Foster, Tom, others that came forward today can participate in openly. I'm not suggesting we take up more of your time. I'm not suggesting we take more of the Sheriff's time. But it behooves the board, because you are CASCADE COURT REPORTERS (541) 385-5664 • .j • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 passionate about this, and it's my view that you are passionate in favor of the district, to spend more time in making the numbers and the concepts available for those that are just getting into the learning curve now. We can accelerate that by more opportunities. I recognize it is more time on your part but it may be appropriate because it seems at each meeting we advance the ball, the numbers become more acute. However, the information starts to bring in a new series of residents who are just catching up on the window and you are having to repeat yourself time and time again. My fear is that a vote would be so close it could win or it could lose, and the last thing I want to do is go to the ballot box and check the box, come back and feel very convicted about what my decision is, yet listen to my neighbor who says "I just learned about it so I didn't vote." That would be a travesty. So, I encourage maybe the board to think about a few other communication vehicles that might enhance the learning curve for the rest of us. Thanks. COMMISSIONER DeWOLF: Thanks, Tom. Yes, sir. MR. PRICE: My name is Jim Price, 10 Grouse Lane in Sunriver. I thank the County Commissioners for being here and I want to thank everybody who has spoken CASCADE COURT REPORTERS (541) 385-5664 • • U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 for or opposed or with new ideas on the proposed county Sunriver Service District. It is -- has been a lengthy study. We have looked at every alternative we could possibly think of. We looked at consolidation with the fire department. We have looked at contracting with the county Sheriff's department. We have looked at contracting for fire services with the Deschutes County Fire District No. 2on the southern edge of Bend. We have looked at incorporation, although considering the '94 vote we quickly rejected that. We have tried to look at every possible alternative that we could consider in both the ad hoc committee and with the board of directors. People want to keep the police department and the fire departments of Sunriver close to home and under local control. We feel that the only way to effectively do that at this time is to create the service district. I have a couple of other comments. The good doctor has spoken against PERS but yet he has spoken for a contract with the Sheriff. I think the Sheriff does a wonderful job. I think a contract with the Sheriff is an alternative if we cannot create a district, but just remember if you contract with the Sheriff then do you have PERS, and not only PERS tier CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two that we would have if we created our district, but PERS tier one and the obligations that go with it. So we need to be careful how we see the alternatives and how they affect us, but I do encourage you to look at all of the issues before you and then in the end support the service district. Thank you. COMMISSIONER DeWOLF: My understanding is that tier one is not the option here but it's the difference between regular folks on PERS and emergency service personnel like police and fire on PERS, but tier one would not -- I believe went out I believe in '95. MR. MAIER: Mike Maier, County Administrator. New employees who have not been on PERS before would be tier two when they start, but they may hire someone who was an employee from the city of Klamath Falls and they transfer up and if they were tier one you would have tier one. COMMISSIONER DeWOLF: It would continue, sure. MR. MAIER: Their rates would be measurably higher than the county's rate, not because of tier one or tier two, is because the majority, the vast majority are police and fire, and police and fire rates are a lot more expensive than general service rates. COMMISSIONER DeWOLF: Thank you. Anyone else? Okay. I will close the public hearing. CASCADE COURT REPORTERS (541) 385-5664 • � 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 Laurie, can you help us through with what needs to happen next? I would like to really thank everybody on all sides of this for your diligence and your patience through this process. The one thing for myself in getting through this is talking with our Finance Director and Treasurer of Deschutes County, Marty Wynn, who is not here today, and I just asked him a simple question, can a district operate on this rate, and his simple answer was yes, and that was the answer that I was looking for to give me the comfort to accept the information that's been presented, because the last thing I want to do personally is to approve a ballot measure with a different rate than what is being proposed, and so I have got that comfort level for myself. Dennis. COMMISSIONER LUKE: Deschutes County is very fortunate that we have places like Sunriver, Black Butte, Eagle Crest and we will have the new Huntington Ranch. You bring a lot of -- you bring a lot of money to this county through your property taxes, through your room taxes, and you allow this county to provide services for our residents that a lot of counties our same size cannot do, and we are very fortunate. The thing that was brought up about room CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taxes, before we became commissioners decisions were made to put a certain amount of money into the Sheriff's office from the room taxes. The justification as I've been told is that the Sheriff's patrol responsibilities increase because of the number of tourists who come here. If a tourist just fell out of the sky and landed at Sunriver Airport there would be no additional services for the sheriff, but they come -- most of them come by car or they come from other types of transportation so they are on our roads. That was the justification as I understand it for that money being transferred to the Sheriff. How room tax money is spent is through the budget committee, and the budget is always presented by the Central Oregon Visitors Association, they bring their budget in, Sunriver is a very big player in that, and they come to us and discuss how the room tax money is spent. The person who was testifying is also on the board of Central Oregon Visitors Association, has an opportunity to speak to us on how that money is spent. The county commissioners have committed one million dollars to repair the roads and the feds are kicking in a goodly share of the money. CASCADE COURT REPORTERS (541) 385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .• COMMISSIONER DeWOLF: On Road 45. COMMISSIONER LUKE: Road 45, to improve the transportation from Sunriver to the mountain. It was a little over $100,000 to put the signal light in at the business park. This is a partnership. This isn't -- this isn't one pot of money in one part of the county and one pot of money in another part of the county. This is a partnership and we are very, very fortunate that we have places like this that are able to provide funds so that we can provide a lot of services to our county residents, including the ones that live down here, and we appreciate you very much. COMMISSIONER DeWOLF: Vote for Dennis Luke for Deschutes County Commissioner. COMMISSIONER LUKE: That was inappropriate. COMMISSIONER DeWOLF: I apologize. Okay, vote for Tom DeWolf for Deschutes County Commissioner. COMMISSIONER LUKE: Laurie. COMMISSIONER DeWOLF: Mike, did you have anything you wanted to add? MR. MAIER: No. MS. CRAGHEAD: Laurie Craghead, Assistant Legal Counsel. One item of housekeeping here, you asked Gary CASCADE COURT REPORTERS (541) 385-5664 • U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 Fiebick when he was testifying if he would enter into the record the photocopies of the power point presentation and he said "no problem." I will take that for the record as having entered that -- those copies into the record. COMMISSIONER DeWOLF: So "no problem" is taken as an affirmative? MS. CRAGHEAD As an affirmative, actually as having entered it. Again, I want to point out for the board, at the initial hearing the board already made the finding -- the statutory finding for this district, which is that this proposal is in accordance with the comprehensive plan -- the county's comprehensive plan, applicable land conservation development goals, and that after consideration of economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered relevant to this proposal, that you determined that the area would be benefited by the formation of the district, which at this time that the order then would reaffirm that. COMMISSIONER LUKE: I was glad I wasn't CASCADE COURT REPORTERS (541) 385-5664 • � 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 typing, trying to keep up with you reading that. Did we do the official name change yet? MS. CRAGHEAD: Yes, you did. COMMISSIONER LUKE: We did that already. MS. CRAGHEAD: The official name change originally had started out as Sunriver County Service District, you changed it with the last order to Sunriver Service District. So your motion today would be to make a determination of forming the district, approval of forming the district, and then you would be setting the permanent tax rate, permanent rate limit. COMMISSIONER DeWOLF: Which is in the order at 3.45. MS. CRAGHEAD: At 3.45. COMMISSIONER DeWOLF: Okay. MS. CRAGHEAD: You need to set the election for this measure, for this -- this district, order the notice of the election be given to the county clerk, order the explanatory statement be given to the county clerk by the statutory deadline and order a map of the district be included with that, with the voters pamphlet, and then order the publication notice of the election. COMMISSIONER DeWOLF: All that can be one CASCADE COURT REPORTERS (541) 385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 motion? MS. CRAGHEAD: One motion, and subject to 72 legal review. COMMISSIONER LUKE: I like that. COMMISSIONER DeWOLF: So somebody can say so moved subject to legal review. MS. CRAGHEAD: I would think so. COMMISSIONER LUKE: Except we have to set the date. MS. CRAGHEAD: You do set the date of the election. At this time it's May 21st, 2002, and the deadline for these documents is May -- is March 21st, 20.02, and you also need to set the tax rate. COMMISSIONER LUKE: How hard would it be to go through -- there aren't that many, and just take one at a time? Would that be that big a thing? COMMISSIONER DeWOLF: Could we -- MS. CRAGHEAD: No. Well, it would be a separate order number, then, for each one of those. COMMISSIONER DeWOLF: I would move all of that subject to legal review. COMMISSIONER LUKE: The rate of 3.45, the primary election, and we did our findings. MS. CRAGHEAD: All the documentation. COMMISSIONER DeWOLF: Whatever she said. CASCADE COURT REPORTERS (541) 385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 COMMISSIONER LUKE: I can go with that. I'll second that. COMMISSIONER DeWOLF: Okay. Any further discussion? Commissioner Luke? COMMISSIONER LUKE: Yes. COMMISSIONER DeWOLF: Commissioner Daly? COMMISSIONER DALY: Yes. COMMISSIONER DeWOLF: And the chair votes yes. Anything else? COMMISSIONER LUKE: Good luck. I know -- COMMISSIONER DeWOLF: Can I interrupt? I do want to apologize. That was inappropriate of me because I know you are very sincere in your comments. COMMISSIONER LUKE: I think you guys have a lot of education to do and I know you will do that. Good luck. COMMISSIONER DeWOLF: Thank you. (Hearing concluded at 12:10 p.m.) CASCADE COURT REPORTERS (541) 385-5664 • W] 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 C E R T I F I C A T E STATE OF OREGON ) SS. COUNTY OF DESCHUTES ) I, GENIE L. KELLEY, Certified Shorthand Reporter, do hereby certify: That on February 13, 2002 the proceeding transcribed herein was taken down by me in machine shorthand and was thereafter reduced to writing through computer-aided transcription, that the foregoing represents to the best of my ability, a true and correct transcript of the proceedings had in the foregoing matter. I further certify that I am not an attorney for any of the parties hereto, nor in any way concerned with the cause. DATED this 23rd day of February, 2002, in Bend, Oregon. <. GENIE L. KELLEY, CM, CSR�� Registered Professional'R'orter CASCADE COURT REPORTERS (541) 385-5664 1 b,rL6t�t,o DESCHUTESCOUNTY OFFICIAL MARYSUE PENHOLLOW, COUNTYCLERK�d �00�•139 COMMISSIONERS' JOURNAL 0212112002 04;41;39 PM 1 2 3 4 5 6 7 DESCHUTES COUNTY BOARD OF COMMISSIONERS 8 10:00 A.M. 9 WEDNESDAY, FEBRUARY 6, 2002 10 THE HOMESTEAD BUILDING, 57085 MEADOW ROAD 11 SUNRIVER, OREGON 12 13 14 15 16 17 18 19 20 21 22 23 24 ORIGINAL 25 Cascade Court Reporters 541-385-5664 1 b,rL6t�t,o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 SUNRIVER, BEND; WEDNESDAY, FEBRUARY 6, 2002; MS. CRAGHEAD: For the record I am Laurie Craghead, Assistant Legal Counsel. Just some background on this. As the Chair said, this is the final hearing for this Spring River Special Road District. The petition was filed in November, and the initial hearing was on January 3 for this hearing for this district. At that time under the statute the Board needs to either approve or disapprove of the petition based on land use criteria, and we had a letter that was submitted in the record from the CDE department regarding whether or not this application complied with the county's comp plan and the statewide planning goals. And the Board adopted that document as well and they voted to approve the petition. The state statutes requires then a final hearing on the matter, and then that's what this is. And there are maps if anyone hasn't gotten one that's here for this. There are maps in the back on the back table. The maps have been submitted to the Department of Revenue, and we have got a preliminary approval of these maps in the legal description. They are slightly different than the maps in the legal description that were approved at the initial hearing because the Department of Revenue wanted a little bit different map and wording and so we have gotten those. Cascade Court Reporters 541-385-5664 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 COMMISSIONER LUKE: And this is the Spring River Road District which is out Spring River Road out on the right-hand side after you cross the Deschutes, and they are going to go to a public election to see if they want to tax themselves to maintain the roads MS. CRAGHEAD: Right. And the assessment would be $0.94 per thousand assessed value and with an estimate of the first year possibly raising $13,270. COMMISSIONER DE WOLF: What I would like to explain is sort of the way that we operate in public hearings, and this will apply to both this and the public hearing that will follow immediately after this one. Anyone who wishes to testify needs to come up to the microphone. This is being taped as well as a court reporter recording this information as well. You need to state your name clearly at the beginning of your testimony, and you need to spell your name. Unless it's Smith or Jones, you need to spell your name for the record. We require that everyone remain civil to towards each other even when we disagree with each other on these issues. And anyone in my opinion who is not remaining civil I will stop your testimony. We would ask that you stick to the point, keep it as brief as you can while making your point, and that there is no need to repeat what other people have said so that we can all get Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 through this. There are a lot of people here today. I don't know how many will end up testifying between these two hearings. But if we all stick to that and stay to the point and remain civil to each other which I know everyone will in this room, we are going to be in great shape. Dennis. COMMISSIONER LUKE: Questions are appropriate too. If you come up and you just have a question you want to ask, you still need to get on the record and we will do our best to get an answer for you. COMMISSIONER DE WOLF: It's real important that we get everyone on the tape so we have an accurate record of what was said here today. And so I will now open the public hearing regarding Order 2002-025 regarding the formation of the Spring River Special Road District. And I have got three people's names who want to testify. And if there are others at the end of that, we will certainly give you the opportunity. Carl Jansen, you are first. MR. JANSEN: Good morning. My name is Carl Jansen, C -a -r-1 J -a -n -s -e -n. I'm a resident on Bessen Road, I am part of the Spring River Road Association which is a voluntary group at the present time. I am basically the road coordinator for the road maintenance activities, and I thought I would at least provide some input to you as Cascade Court Reporters 541-385-5664 • 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 to one of the reasons for the urgency of having this special road district adopted by the voters. We have 87 owners, lot owners, in the Spring River Road Association area which is Cooper and Bessen and the adjoining roads. We sent out invoices to everyone to contribute towards the road maintenance activities in October of last year. We have 87 owners. 19 of these owners at the present time have not paid. We sent out two invoices over the last two months, and basically we're looking at nonpayment of about $2,500 which is rather critical to maintain these roads. So what we are doing as far as the special road district and having a levy against the properties is to increase our income. We have had this problem on an ongoing basis for years. This is strictly a voluntary group, and right now a lot of these people that haven't paid are basically nonresidents in the area. They own property here, use our roads, but they are not paying for the maintenance of the roads. So it kind of gives you an idea that we need this road district adopted on the May election. COMMISSIONER DE WOLF: Thank you, Carl. Bob Anderson. MR. ANDERSON: Good morning. I'm Bob Anderson. That's with an o -n, please. I am opposed to the road Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 district that you are trying to form. Mainly because in the last 25 years we have gotten along with plowing the road on the dirt road, and now all of a sudden we want to pave the road. Now, the reason they want to form the district is to borrow the money, $50,000 or more, from the bank which we don't have that kind of money in our district. We have only got about 30 full-time residents that live at the area. Now, some of the people that don't pay only come up in the summer or whatever, and we have gotten along paying $60 a year. Now this is going to jump all our taxes. It's going to jump mine about 500 percent. I'm going to go from $50 to $60 a month to over $300 a month just so -- COMMISSIONER LUKE: Is that a month or a year? MR. ANDERSON: A year. Excuse me. And I think it's just -- it's way out of line for the amount of people that are there, for the 30 people. The few people that want the road paved are trying to influence the other 60 people who don't get to vote and they don't get a say in it. I don't think it's right. Thank you. COMMISSIONER DE WOLF: Thank you. MR. WILKINS: Good morning. For the record I am Dave Wilkins, last name spelled W -i -1 -k -i -n -s. I am a full-time resident at 17061 Cooper Drive and my house just Cascade Court Reporters 541-385-5664 U • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 happens to be in the Spring River Association area. As Carl eloquently pointed out, we are experiencing some difficulty trying to collect the fair share of the other people who own property in the Spring River area. That was our primary purpose of establishing this association. It's also gotten to the point now, Commissioners, that there is a safety issue if the roads aren't plowed properly that there could be some problems getting some vehicles down to the end of these areas that we are trying to plow adequately, but it's difficult to do so with the current money that we have available. So I look at it as a good thing for the community and a good safe responsible thing to do as well so I support it. COMMISSIONER DE WOLF: Great. That's all I have on my list. Are there any others that would like to testify on this matter? Yes. Come on up. MR. HAMMITT: I am Ray Hammitt. That is spelled H -a -m -m -i -t -t. I am a resident of the Spring River Road District and I'd like to dispute Bob Anderson's testimony. He stated that he pays $50 a year or assessment is $150 a year this last year. And right now we are running out of money because some people have not paid. And because of the high volume of snow we have had this year, we are running out of money to plow the roads there, and it's mainly because of people that don't pay there. Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I And I know a large part of those people come in during the wintertime and use those roads during the wintertime there, and they should be responsible for paying their share. And that's all I have to say. I am in favor of the formation of the road district. Thank you. COMMISSIONER DE WOLF: Thank you. Anyone else? MR. JORGENSEN: I put my name on the list back there. COMMISSIONER DE WOLF: This is the Spring River. COMMISSIONER LUKE: You may have put your name on the other one. You are welcome to testify. COMMISSIONER DE WOLF: Come on up. MR. JORGENSEN: My name is Jens Jorgensen. The first name is spelled J -e -n -s, J -o -r -g -e -n -s -e -n. I live on 17090 Cooper Drive. We have had a residence there for the last 15 years. And the road maintenance have been sort of spotty, and the previous speaker I think pointed out that not everybody is paying. And my neighbor James Vadheim, they are also in favor of setting up a special road district so that we can in fact have a continual income and that we can do some serious planning about how to upgrade the roads and how to take care of them and how to plow them. So I hope that the Commissioners will act very favorably upon this request. Thank you. Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 COMMISSIONER DE WOLF: Thank you. Anyone else? Okay. I will close the public hearing. COMMISSIONER LUKE: Again this motion will be to approve Order No. 2002-025. This is not an endorsement of the road district or a nonendorsement of the road district. It just allows us to go to a vote and let the district people decide. COMMISSIONER DE WOLF: And I agree with Dennis that what we are doing is allowing the folks on both sides of this issue to discuss this over the next -- when is the election? May 21. Over the next three months or so and determine for yourselves what's the best way to proceed and do that in an election which is what we do in this country. COMMISSIONER DALY: I second. COMMISSIONER LUKE: I made a motion. COMMISSIONER DALY: I second. COMMISSIONER DE WOLF: Commissioner Luke? COMMISSIONER LUKE: Yes. COMMISSIONER DE WOLF: Commissioner Daly? COMMISSIONER DALY: Yes. COMMISSIONER DE WOLF: Chair vote is yes. The next item on our agenda is a public forum rather than a public hearing on the formation of the Sunriver Service District. Laurie. MS. GRAGHEAD: Again for the record, Laurie Cascade Court Reporters 541-385-5664 n U • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Craghead, Assistant Legal Counsel. This would be a proposed formation of county service district -- COMMISSIONER DE WOLF: Could we ask that you take the conversations outside, Gentlemen. Thanks. MS. CRAGHEAD: -- that would be established covering the Sunriver resort area. The name of the district would be the Sunriver Service District, and the purpose would be provide services of fire prevention and protection, security services by contract, law enforcement services, and emergency medical services, and there are all statutory references to that. If approved, this measure would authorize this district would also have a permanent tax limit of -- right now it's proposed at 3.95 per thousand assessed value. And so that would be starting with the tax year of 2002, 2003. The governing board of this service district will be the Board of County Commissioners which is the county service district. Some history behind this. This was a district that the homeowners association board brought to the County Board of Commissioners asking them to initiate this and they did so. And we had an initial hearing on January 9, and then we originally had a hearing scheduled for today. But there was some paperwork things that needed to be done so we had to postpone it to the 13th. But the Chair said Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 because of the court reporter we will be entering the transcript into the record at the hearing next week for anybody who testifies today so that it will be a part of the official record and so that you will be considered to be participating in that hearing. And one thing I did mention at the last hearing is the criteria for the Board's considerations are will the area be benefited by a district, and then also did it comply with the land use regulations. And we again had at the initial hearing the submittal into the record of the SSD assessment and facts regarding the compliance with both the county and state land use regulations, and you adopted that at the initial hearing and again at the initial hearing approved the formation of the district which is under statute -- it's odd. You approve the formation at the initial hearing and then have a final hearing in case there's any changes. COMMISSIONER LUKE: I have a question of staff. We received a letter that will be put into the record from Philip Rastle. One of the things he mentioned with some other things I think will be answered in today's hearing -- but one of them says residents in adjacent communities of Sunriver would have a vote. And the people who vote are just within the Sunriver community. Is that not true? MS. CRAGHEAD: Yes. Cascade Court Reporters 541-385-5664 �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER DE WOLF: Within the district boundaries? 12 COMMISSIONER LUKE: Within the district boundaries which will be Sunriver. COMMISSIONER DE WOLF: Prior to that this same gentleman said that we ought to poll the nonresident owners as to their feelings on the proposed SSD, and I just wanted to respond to that. That's something that we would not do. That's one of the deals about the way that elections work in this area and across this nation is that registered voters within the prescribed area in which a decision is being made are the ones making the choice. And people who chose to own a home here and not live here, that's one of the disadvantages that they accept in so doing is that they don't get to vote on elections within this district unless they have registered to vote in this district. So I wanted to clear that up. And one additional question, Laurie, is that this is proposed at $3.95 for a tax rate. Does this board have the authority to change that tax rate? MS. CRAGHEAD: Yes. COMMISSIONER DE WOLF: Before putting this out for a vote? MS. CRAGHEAD: You would change that at the final hearing on the final order. This is just the Cascade Court Reporters 541-385-5664 • • C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 proposal at the initial hearing, and that's one of the reasons I think we're having a final hearing and things change between the initial. For example, like on the last one we had to change the maps and legal, change the tax rate on this. COMMISSIONER DE WOLF: And I will just tell you what I am really interested in hearing about personally -- I have not talked with my colleagues about this -- is this represents in my opinion quite a large increase in the annual amount of money that people pay for these services. And so what I am going to want to hear that if somebody is going to be paying -- I don't know what it ends up being, 150, $200 more in an annual basis. What are people getting for that extra money? And if not, would it make sense for their rate to be different? So as people testify, those that have knowledge of this particular aspect of it, that's something that I am interested in. That hasn't become clear to me how all that extra money, the justification for that. Anyone have anything else to add? COMMISSIONER LUKE: No. COMMISSIONER DE WOLF: We will now open the public hearing on order -- excuse me -- the public forum on this formation of the Sunriver Service District. COMMISSIONER LUKE: I think I speak for all Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 the Commissioners. We want to thank Sunriver for providing this room. This is a beautiful room and for the sound system and everything else that's here. This makes a very nice place to have a public hearing. COMMISSIONER DE WOLF: In fact, Rick Isham, our county counsel, and I were talking at the beginning of the meeting and we have decided to remodel our board room to match this. And when The Bulletin complains that we are being too fancy, we expect real strong support from Sunriver following your lead on this. COMMISSIONER LUKE: I believe this is private funds that did this and not public. COMMISSIONER DE WOLF: So now I know what we can do with the extra money from this road district. The first person that I have on the list is Mike Brannan. MR. BRANNAN: Thank you. Good morning. My name is Mike Brannan, B -r -a -n -n -a -n, and I am a permanent resident of Sunriver. I am speaking on behalf of the Sunriver board of directors. I am vice president of the board, and this board spent a lot of time since last summer when we had an advisory vote with regard to the setting up of a district. That advisory vote was for different reasons than why we are now asking the Board of County Commissioners to consider this district. At the time we had -- in the years past we had Cascade Court Reporters 541-385-5664 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 • 15 an ad hoc committee developing our long range plan to look at the future of Sunriver, where we were going, where did we want to be, and the consensus of that study was that the vast majority of Sunriver residents and property owners wanted to stay the same as we are and maintain property values and try to maintain the atmosphere, the ambiance, that exists in Sunriver. So it was logical for owners at that time when the option was should we form a district which the reason for that was to enhance the retention of our fire and police personnel through their ability to be eligible for PERS membership, et cetera, or should we stay the same, and that's exactly the way it was written on that ballot. Only 1,800 of the 4,100 property owners in Sunriver -- and those are not all residents of Deschutes County obviously -- voted on that and that particular election failed at 54 percent of those who did send in their ballots. Since that time or about the same time that those ballots were out, our board took some position on that issue. We learned from Sheriff Stiles that he was concerned about the commissioning of our police department, and ensuing meetings with the Sheriff's office we learned 0 the reasons for his discomfort with that and could understand. And after a lot of soul searching on our part, Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 as a board of directors we basically came to the conclusion that the only way we could stay the same was to form a district because that way our police department could remain as it is now, that is, a fully functioning authorized police department. Because if the Sheriff chose to pull the commissions of our police, they would have no authority as police. And since our homeowners did want to maintain our police as we were, that was our way of doing it. And since then the Sheriff has stated that, yes, this is a logical and viable way to accomplish that. Thus we unanimously as a board came to your commission to ask that this be put on the May ballot. Now, as far as the tax rates are concerned -- and I would say this only for the benefit of our homeowners here. And if I am stating it wrong, I hope someone will correct me. But the currently stated tax rate of 3.95 is the upper limit. You can not exceed that once you are there. It's not what's going to be taxed on a first year basis. Our board and our finance committee have been looking at those expenses, and frankly we see the first year's rates probably in the neighborhood of $3.00 and probably a little bit over that. And we want to go over these numbers with the Board of County Commissioners and with your treasurer and make sure we are on the right Cascade Court Reporters 541-385-5664 .7 n U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 track. But we see the rate being no where near 3.95, and we projected our numbers out for quite a long ways. COMMISSIONER DE WOLF: I guess that's what troubles me is all districts operate with a maximum tax rate. To my knowledge this board is the only municipality or district of any kind in the State of Oregon that for a couple of years levied less than the full amount of it's tax rate. And once you have a tax rate, there is nothing that prevents the governing board from levying that full tax rate. And that's -- I mean my sense is if I am a voter down here, that would be my biggest concern. Okay. We are going to only levy $3.00, but we have the authority to levy 3.95. So if you only need 75 percent of that, then why not establish the $3.00 as your permanent tax rate? MR. BRANNAN: Thank you very much. That is exactly what our thinking is. COMMISSIONER LUKE: There is a problem. From a government standpoint is that if you go out for a permanent rate and that permanent rate is only going to last you for three, four, five years or even 10 years, it's extremely difficult to get around that. You are going to have to go out for a levy, and you are going to have to do exactly what the Sheriff is doing now. Every three or four years you are going to have to go out there and not know whether you are going to have the funds to operate. Cascade Court Reporters 541-385-5664 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E-:3 And I take a little different position than Tom. I think you need to set a rate you can live with for a lot of years, that you may not levy the whole amount which we didn't. We didn't levy the full amount, and even this last time when we did that money went into a reserve account so hopefully we don't have to go out for levy. So from my standpoint this is your call down here. This is not our call. You guys have to set your rate. But I would surely look at a rate that's going to last you 10, 15 or 20 years and be able to live within that. Because new growth is the only thing that increases your income. And without -- one of these days Sunriver is going to build out and you are not going to have the new growth to help offset your costs. And costs keep going up. And I think personally you need that flexibility. But that's your call down here. MR. BRANNAN: That's exactly what the board is currently wrestling with and will be in contact with your offices as well. COMMISSIONER DE WOLF: Next is Gary Fiebick. Before you start, Gary, one thing that Mike Meyers pointed out to me the governing body that would set the amount that's levied is actually the county budget committee made up of the three County Commissioners and three citizen members one of whom is Lee Smith who lives down here in Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 Sunriver. So thank you for that clarification. So each year if this was approved at 3.95, whatever the amount was levied has to be approved by the budget committee of Deschutes County. Gary. MR. FIEBICK: Thank you. Gary Fiebick, F -i -e -b -i -c -k, general manager for the owners association at Sunriver working on this project. Just wanted to address we will have some final numbers and proposals to the Commissioners before the final hearing next week. It's good that you ask the questions about looking at the cost, total cost, of the district and operation of Sunriver association being a little higher than they are combined today. I might just review for everybody. You remember most of what's going on today in the corporate world or even in cities and sometimes in districts is there are mergers and acquisitions, and what they are doing is consolidating the operating costs of two organizations into one, and that's where they save a lot of money. In this case what we're proposing is a vote whereby there would be splitting of one organization into two, and therefore there are some increased costs just basically because each organization has certain fixed costs they have to cover in order to operate as a separate entity. And so that is part of the difference there. Cascade Court Reporters 541-385-5664 to • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 Secondly another benefit for the district, for the community, would be some reduction of the tort liability particularly in terms of having these public safety operations in the district. Third we think that the benefits to employees are improved particularly with regard to disabilities and other insurance through PERS. But what we expect there then is a reduction of turnover from the two departments from what we have had in the past. COMMISSIONER DE WOLF: You are losing some of your staff to other local agencies? MR. FIEBICK: Particularly the police department becomes a great training agency. We have people that are hired by Deschutes County Sheriff, recently by Crook County Sheriff, and by other cities. We have a gentleman going to Corvallis in a couple of weeks. COMMISSIONER DE WOLF: We all appreciate the fine training that you are giving. COMMISSIONER LUKE: By the same token the Sheriff losses people to the City of Bend and other agencies too. COMMISSIONER DE WOLF: So we need you. MR. FIEBICK: We hope to slow that down. The fourth point is that we are in the process of doing a reconciliation of the changes in the total costs and that's Cascade Court Reporters 541-385-5664 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 21 under development. We will be able to share that with owners and with the board next week. I would think we could get there by then. And then finally the board of directors at a work session last week does recommend that a new tax rate, maximum tax rate, be set so that the district can operate at least eight years without having to look for a special levy. And we all can do forecasts and estimates of budgets for the first year and first couple years, but beyond that unless somebody has a better forecasting ball than I do, all bets are off a little bit. So there has to hP _qnma ability to operate and have some contingency money and surplus moneys available for the unknowns that can happen a few years out. So that's all I have to state this mnrninrr_ .And we will respond to any questions appropriate. COMMISSIONER LUKE: Tom mentioned that there is a six -person budget committee, three County Commissioners and three citizens members. When we do Black Butte's budget, their people come and do a presentation to us as a public hearing, and you are welcome to come in and testify on that budget. And the rate that they set for that year if it's -- most of the time it's not the maximum rate. Sometimes it is. So those are all public hearings. But the board members from Black Butte also have their own public hearing in the community and talk about it with Cascade Court Reporters 541-385-5664 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 their homeowners and those kind of things before they come to the budget committee. It's a very public process when you do set the rate each year, not the permanent rate each year. MR. FIEBICK: Right. And that's my understanding that maybe some of the people in the audience don't understand that we are working with your legal counsel to set up a district managing board who would be responsible for that. And if that's a five member board, then two of those members would be from the current or then sitting SROA board so they would go through development of the budget and present it to the budget committee. COMMISSIONER LUKE: When we met with the Black Butte board just recently, they served us a very nice dinner in their lodge. MR. FIEBICK: We were going to invite you to lunch today, but since Tom is leaving early we didn't think it would be fair. COMMISSIONER DE WOLF: Third is Shirley -- and I am sorry. I can't read the handwriting. M -i -1 -d -e -s. MS. MILDES: I am Shirley Mildes, M -i -1 -d -e -s, and I am president of the board of directors here in Sunriver. Mike and Gary have presented the facts very well and I just wanted to add a note about nonresidents. That is a big concern here in Sunriver. We only have about Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 1,500 full-time residents. We are trying to set -- this is going to be a managing board which is made up of -- we are proposing five people, and of those five people two will be SROA board members, three will be residents or owners is what I want to say. They can be either resident or nonresident. So in that way we are hoping that the nonresident will have representation through that board and also by the election of the SROA board -- the SROA board will be looking at the managing board and the managing board will be under the Commissioners. But in those ways we hope to involve the nonresidents and give them an opportunity to participate. Thank you COMMISSIONER DE WOLF: Thank you, Shirley. Next is Jim Henshaw. COMMISSIONER LUKE: While Jim is coming up, I would like to point out when we did have our yearly meeting with the Black Butte board they did have one nonresident that was on their board. MR. HENSHAW: I am Jim Henshaw, H -e -n -s -h -a -w. I am a permanent 12 -year resident of Sunriver, and I have been on the citizen patrol. That's the group I am speaking for. The Sunriver citizen patrol is a volunteer public service group and actually we have a federal tax exempt status. We provide essentially backup to the police Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 department. We do traffic control, we do parking control, take animals to the pound and act as the eyes and ears for the police department. We are also actively involved in the planning for any emergency evacuation. We go through drills, and we are prepared to go out and direct traffic to get you out of here if we have a fire or a problem on the railroad. We also put new maps in the boxes. Quite frankly we would hate to lose any more of our highly qualified police officers, and we wanted to take this opportunity to announce that last night at our monthly meeting we passed a resolution that reads as follows: Should the Sunriver Service District not be formed, the citizen patrol will disband. Thank you. COMMISSIONER DE WOLF: Can I ask a question because I'm not sure I understand that. If the district does not form -- MR. HENSHAW: If a district is not formed, the citizen patrol will disband. We are very uneasy about being out there without radio contact with immediate police backup. COMMISSIONER DE WOLF: So in other words, and if the district does pass -- MR. HENSHAW: We will remain just as we are. We will continue to provide the services. Cascade Court Reporters 541-385-5664 • 11 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 COMMISSIONER DE WOLF: So is that then -- I just want to be clear. That's an indication of your support for the formation? MR. HENSHAW: 100 percent support. COMMISSIONER DE WOLF: Thank you. Randy Egertson. MR. EGERTSON: My name is Randy Egertson and that's spelled E -g -e -r -t -s -o -n. I am a resident of Sunriver and immediate past present of the board of directors. And I find myself under the circumstances that we face today to be in support of forming a district, and I would like to speak just specifically to the maximum tax rate issue. I think that there are two reasons why the 3.95 which was initially set kind of like a strongman is way too high and we must lower that maximum tax rate substantially. I think the board is talking about down to 350, and I am suggesting even as low as between 330 or 335 for two reasons. Number one, we probably have 100 or 150 owners here which is about 10 percent, and unfortunately many, many people don't pay a lot of attention to these things until they have to vote. And the 3.95 is going to scare the daylights out of a lot of them and I think will be a real negative to getting the district passed. A lot of people will see that as what they are going to be taxed Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 tomorrow the first year and not really understand -- in spite of all the education we try to do, there still will be a lot of people that won't understand that. Secondly, I think Sunriver is a very stable community, we have fixed borders, we are built out to about 90 percent. Our permanent residency rate has stayed stable. Our police and fire departments are staffed and equiped now to meet all the needs that we have. Thus the opportunity for unexpected or unknown things to arise in the future that would cause the governing board to have to ask for more taxes is very, very small. And I don't think that we should go into this with a tax rate -- the maximum tax rate that would allow the board to continue to raise the levy for a long period of time without coming back to the owners and explaining why the tax levy needs to be increased dramatically. I am also currently on the finance committee, and I know the board will be coming to you with detailed information between now and next week. But I think that the projections that we are looking at now for what the levies will need to be over the next eight to 10 years don't even approach $3.30. So I would encourage you to get that maximum tax rate as low as you possibly feel is appropriate. COMMISSIONER LUKE: I would like to point out I Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 27 am not here to say 3.95 is the number. That has to be a determination by the residents down here and what you guys want to submit. But as you look at this over the next week, understand that police and fire are under mandatory -- what's the word? -- binding arbitration, and the wages that are set for them are not determined by you. They are determined by somebody from outside the area. And they will look at the City of Bend, they will look at the Sheriff's office and the City of Redmond and they will make a determination. And you don't have a some people off to stay within your budget. My only suggestion is as you take that into account if you set a rate that you are not going to have to change for maybe 10 years hopefully and you never get there, but I am not here to tell you what rate that is. That is a determination for your budget committee. MR. EGERTSON: I think that the budget planning projections try to take that into consideration. And frankly I don't have a problem with the thought that the district might have to come back to the voters in four years to ask for a levy because I think the increase -- because I think if we do, that just keeps them honest and keeps them having to provide the right justification for what they are doing and what the costs are going up. To me Cascade Court Reporters 541-385-5664 C: • J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W-1 a 10 -year span is not that big a deal. I will be more than happy to vote in four years, if necessary. COMMISSIONER DE WOLF: I want to be clear. The people who are proposing this, the tax rate that they settle on, by the time of the public hearing I am not going to set a different rate, have this fail and then it's my fault or have it pass and the other half of the people say it's my fault or our fault. When these things come before me just speaking for myself, I will either approve or disapprove based on the proposal that's brought next week. And if that's 3.95, so be it. If it's 3.30, so be it. What I am trying to explain is that from what I have been hearing, these are the kinds of questions that need to be answered. And if 3.95 is the rate, those questions get answered on election day in May. And so I am not here saying that if 3.95 is the number that people settle on, that I am going to say we are going to go 3.30 or nothing. And I just wanted to clarify that. MR. EGERTSON: And it sounds to me like you as the Commissioners will be within reason willing to accept whatever our board comes to you with and suggest as what they want the tax rate to be. COMMISSIONER LUKE: The district is the one that has to live with it. You have to provide the Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 services with the rate that you choose. And we will provide as much information as possible from our county administrator and our finance people to help you get to that decision, but that decision is yours. COMMISSIONER DE WOLF: And Dennis is exactly right. We do want to be as helpful as we can be, but I think that all of three us would agree clearly that this is a local decision when these things come to an election. And the questions I am raising are questions I would raise if I lived here, and they are questions that have been raised to me by people who do live here. And if in fact you come to the conclusion that at 3.95 this is going to fail, then it wouldn't be very wise to move forward with this election. If you can find a different number that works and you feel more confident, great. If 3.95 feels right -- but those are the kind of questions that I need answered that will help voters to make a decision over the next three months, and then people on both sides will have their own sales job to do with the voters. MR. EGERTSON: Then I would say that the remarks I made generally for you I would redirect then to our current board and tell them to sharpen their pencil before they come back to you. COMMISSIONER DE WOLF: Thank you. Cascade Court Reporters 541-385-5664 C J • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 MR. MEYERS: This is in regards to some comments on PERS and making some projection in the future. But some of the speakers have been commenting that they are making the projections in their budgets that they see some stability over the long haul here on this budget. Three weeks ago the county thought that we had a two and a half million dollar surplus in our PERS account, and two weeks ago we found out we had a $6 million deficit. And next year we even projected to have a $12 million deficit. The state agencies went from a $39 million surplus to $1.1 billion deficit. And so you can't make these budget projections thinking that there is going to be some certainty in these figures. These are real expensive costs that we don't know how we are going to handle these. I don't think the state has even come to grips on how they are going to handle it. The entire PERS account is $3.3 billion in the hole right now. COMMISSIONER LUKE: For one year. MR. MEYERS: For one year. COMMISSIONER DE WOLF: I can't believe nobody is talking about this when we have got 700 million at the state legislature and PERS alone is -- MR. MEYERS: $3.3 billion. I want to get those on the record that everything isn't predictable. You can be hit by some of these things, and you should take that Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 into account with your rate so you can be prepared to deal with it. COMMISSIONER DE WOLF: Okay. York Richardson. MR. RICHARDSON: There has been plenty of spellings of the word York in the last few months, but it is Y -o -r -k. Richardson, R -i -c -h -a -r -d -s -o -n. Some of my questions have been answered. However, the numbers that are presented to the homeowners have every effect on the passing or failure of this issue. And I think that as we are coming up with and everybody is considering what the costs are, I want to be sure that whoever is coming up with a number is taking all of the figures into consideration including the effect of our own police department on our county taxes. We are currently enjoying a relief with respect to rural areas because we do have a police department. That, of course, is going to be maintained, that differential will be maintained if we maintain our own police department. If we rely on the county sheriff for all of our police protection, our rate will go up on our county taxes eliminating that relief that we have for having our own police department. And so that figure needs to come into consideration when people are comparing what the difference is in what they are paying now and what they will be paying Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 32 after the establishment of a public service district. Also of course -- and I think that this has been taken into consideration -- the annual assessment by ourselves through our Sunriver Owners Association board will be decreased by the amount that the board is not going to have to budget and pay from our maintenance dues. And lastly, I have great questions in my mind as to what is going to happen to our fire station which is not yet paid off. If the county decides not to have a fire station here in Sunriver, then what are we going to do with that building, number one? If they do decide to have the station as it is now, there will be some moneys, I presume, paid by the county to the Sunriver Owners Association for the utilization of that building. The same thing has to do with our police department location and the new administration building. And also consideration points of what is going to happen not only to our very capable police and fire personnel, what's going to happen to your police cars? What is going to happen to our police uniforms that we own? What is going to happen to our existing moneys which reside in our retirement fund for those personnel? All of these are factors which must be taken into consideration and all of which have great latitude in how they are handled. And until those facts are known, our Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 board and our general manager have an additional very much more difficult program in setting up what the tax rate will be. Thank you. COMMISSIONER LUKE: I would just like to point out Deschutes County does not do fire. You have rural fire protection districts that do that outside your urban areas. You have your own fire department here. This district if formed will have the ability to do fire, ambulance and police services, but we don't do fire. MR. RICHARDSON: Well, someone does. Excuse me for -- COMMISSIONER LUKE: I just wanted to point out rural fire protection districts are the ones that have the stations just down the road. Those are taxing districts on their own. COMMISSIONER DE WOLF: And if this doesn't pass, it would remain the way it is now. It wouldn't be anything that the county would step into. The other thing is if I remember correctly, Sheriff, there's a difference of about $3.35 roughly? SHERIFF STILES: They are paying 78 right now. Unincorporated is $1.12. COMMISSIONER DE WOLF: And so that's the difference that you are looking at is $0.34 difference between -- Cascade Court Reporters 541-385-5664 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 MR. RICHARDSON: That's true as far the tax is concerned. But we have also paid for all of the appurtenances that go with creating a police department. COMMISSIONER DE WOLF: I understand that. What I am trying to point out -- if I could finish, please. The thing I am trying to point out is you are talking about $0.34 difference and that does have an impact. But when we are talking $3.95, $0.34 isn't a huge amount there. That is taken into account in the information that I have received. The difference, though, so far on what I have seen is that the homeowners dues being lowered would not be lowered to a point where people are not paying more money. Homeowners would actually be paying, from I have seen, somewhere in the $125 a year average more than they are paying currently, and that's where my concern was raised here. You are absolutely right. All these things need to be taken into account and need to be answered, and I would assume that most of these questions will have some form of answer by next week's hearing. And beyond that if this is finalized and approved, we will go to a May ballot, and you will all be hearing the arguments on both sides for the next 90 days. MR. RICHARDSON: Yes. And one factor which also comes greatly into play is that we have a fixed rate Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 01 25 35 per property assessment across the board the same regardless of whether you are living in $100,000 house or $1 million house. What's going to happen when this occurs is that it's going to be taxed on the basis of the assessed valuation of the house, and that's going to make a great deal more difference than any other single factor. And as long as I brought up this factor of assessed valuation, I think that the county assessor is way off base assessing my house at what my neighbor sold his house for. I can take any of you and the assessor too into different houses and the difference in cost of construction between a minimal figure which has been expressed on TV and advertising for some homes of about 35, 38 dollars a square foot and the cost of building that same house with the most deluxe features of tiles and wall hangings and coverings and window area and tile and bathroom fixtures and all of those other factors that go in it. It can be a difference of between this 35, 38 dollar level and $150 a square foot at the minimum difference. COMMISSIONER DE WOLF: What I would point out to you is that the assessor is a separately elected official and we have virtually no authority. And you do have an appeal process that is free in terms of the appeal itself. And we tried to get -- some of us tried to get a charter passed over a year ago in which the assessor would Cascade Court Reporters 541-385-5664 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 be an appointed position and would report to the Board of County Commissioners. That was trounced about 75 percent to 25 percent. And so that the people living in this county apparently like this system as it exists regarding the -- COMMISSIONER LUKE: Some people are bitter. I need to ask you a question. Does the current -- does the commercial property in Sunriver pay into the homeowners dues or anything? How do they pay into -- MR. RICHARDSON: That would really be a better question addressed to Mr. Fiebick. But my understanding is that, yes, that there is a formula -- COMMISSIONER DE WOLF: We have an affirmative nod that they do. MR. RICHARDSON: -- for addressing that and they do pay more than a single property assessment naturally. And if they have a bunch of condominiums or houses that they rent out and lodging and the building you are in and so forth, there are factors that go into that, but I am not privy to the total formula. COMMISSIONER DE WOLF: Thank you. COMMISSIONER LUKE: I notice Tom is in the back of the room. Earlier we thanked Sunriver for their hospitality. You guys, this is very nice. COMMISSIONER DE WOLF: Next I believe is Harvey Cascade Court Reporters 541-385-5664 • I] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ONJ Abrams. MR. ABRAMS: I am Harvey Abrams, M.D. I have lived in Sunriver for 10 years hidden behind the screens. I don't get active in anything. So standing up here is unusual for me. I am a founding partner, senior partner and managing partner of Roseburg Anesthesiologists. We have owned property in Central Oregon around Sunriver since 1976. I do not object to the district as such. I am in full support of our police and fire departments and I think they need more help. Past presidents of the board of Sunriver have spoken to me at length with regard to the problems of employee turnover, and their positions have flip-flopped back and forth between a taxing district and remaining as we are. In addition their positions flip-flop between forming a city government and remaining as we are over the years. In addition their positions have flip-flopped between buying the old school and converting it to a meeting place for permanent residents of Sunriver and abandoning that concept. So you see, as the winds of time blow, the whims and directions of the board also blow. Fortunately as I like to say in spite of and because of Sunriver's governments and the way it's put together like the Deschutes, it just keeps rolling along. I think progress is a good thing. It's unfortunate when Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 people want to obstruct progress. But I do not think that progress comes from arbitrary position that the voters are placed in. Future of raising the levy because -- future possibility of raising a levy because of increased costs that can be not predicted at that time would mean holding a shotgun to the head of the voter. Either you vote for increasing your own levy or you lose your police and you lose your fire. That's a no-win situation. That's not a choice. Now, as far as the cost of the present levy, if it does not provide us with more services, it's insane. Because the present levy will raise the average taxes in Sunriver by 50 percent, and the spread of taxation in Sunriver will go from somewhere around $1,800 a year for the lowest to $15,000 for the highest appraisal of property in Sunriver. Now, right now we pay between eight and nine dollars a thousand, and for that we get schools, we get roads, we get other county maintenance services. The only thing we don't get is police and fire which according to the figures and the very few figures that have been promulgated by the board state that that essentially costs us about 50 bucks a month because that's about what this fire district and police district will save us. Now, if the median cost of taxes in Sunriver Cascade Court Reporters 541-385-5664 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 goes to somewhere around $6,000 as a result of this levy, we have to ask what are we getting for $6,000 when the median cost right now of taxes in Sunriver is only about $3,500 plus our $800 a year annual assessment. I am not against increased taxes for better government, and I am not against the police and fire department getting the benefits of PERS. I think they need it. But I am against our voting on something that we do not have all the figures, and in spite of what the board has said, there has been a lack of communication from the board and a real rush and a push. We have not gotten the dollar data information, what kind of services we are going to get and how far in the future these costs are going to take us. Thank you. COMMISSIONER DE WOLF: I have a question for YOU. You tossed out a number of figures here that conflict with some of what I have heard. You said that taxes will go up 50 percent and that the highest rated person will pay an additional $15,000 a year, that the median cost -- MR. ABRAMS: No, will pay 15,000 total. COMMISSIONER DE WOLF: Including -- so not 15,000 additional, 15,000 total? MR. ABRAMS: If you can $100,000 at $4.00 a thousand, that's $400. If you take a million dollar house at $4.00 a thousand, that's $4,000. If you take the median home at 450 to $500,000 valuation in Sunriver, figure it Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 out. It's 2,500, $3,000 more. And that same median home is only paying $3,500 in taxes right now. COMMISSIONER DE WOLF: What my request of you is that by the time we meet next week, if you could provide some documentation of what you have stated here today because what I have -- MR. ABRAMS: With all due respect -- COMMISSIONER DE WOLF: May I finish, please? MR. ABRAMS: You can finish. COMMISSIONER DE WOLF: The most recent information I received is that the increase on the average value would go up a little over 20 percent. And if in fact it's 50 percent, that's information I nded to know. MR. ABRAMS: Well, your own -- of course, it's not your own but the county board of assessors can give you the average valuations for Sunriver. I am not privy to walk into the county board of assessors and say spend a half hour getting me this information. COMMISSIONER DE WOLF: Actually you are, and what I want to point out to you is what I base my decision on is information in the record. I don't create the information for the record. MR. ABRAMS: I will seek out the average valuation or median valuation for Sunriver. COMMISSIONER LUKE: The total rate for Sunriver Cascade Court Reporters 541-385-5664 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 including schools and the county levies and then the bonds for the schools and the county are $10.18 a thousand. That's the total rate right now. Which is compared to almost any place else -- of course, you have the homeowners dues. You have homeowners dues and you pay for a lot of these things outside your taxes. MR. ABRAMS: You just made my argument. Because $4.00 a thousand plus $10.00 a thousand you are at 40 percent increase right there. COMMISSIONER DE WOLF: What I want you to understand I am not disagreeing with your position. I just want to know that the position that you have is clear to me. If you can put that down on a page so that I have something to compare to, it would help me to understand your position. MR. ABRAMS: I understand. I will do my best to prepare whatever you need. But the argument is made. And once again government for government sake is not the direction we should be taking. It's for better services. And until our board can demonstrate that we are going to get $4.00 worth of extra benefit from better services -- I have one more point to make. And the police departments are not going to be happy with what I have to say here. But the police departments have done a fine job in Sunriver over the Cascade Court Reporters 541-385-5664 • 1-1 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 years, and I don't know that any of them has ever withdrawn a side arm. It's possible they have. Nonetheless, I wonder do we need armed police guards in Sunriver? Certainly we need reporting personnel. But do we need police guards in Sunriver anymore than we need armed police guards in the major malls? Thank you. COMMISSIONER DE WOLF: Thank you very much. And the last name I have on here is Jens Jorgensen who testified earlier, and I am assuming that Jens either left or -- and that's the last name I have on the list. Are there any others who would like to testify? Yes, sir. COMMISSIONER LUKE: We have two hands. Anyone else? There's quite a few. MR. EDWARDS: My name is Don Edwards. I am a 13 -year permanent resident here in Sunriver. And I am not speaking on either for or against it, but I think we ought to bring the figures to mind a little more. I have been told that our monthly dues to the SROA will be reduced by about $39 a month if we go ahead with this service district. $39 a month times 12 months is $468 we don't spend. On the other hand if we spend 3.95 per thousand assessed, for a $200,000 times 35 that's $790. $790 less 468 you are paying $332 for a $200,000 assessed house. For a $300,000 assessed house you will be paying $1,185 less 468 you will be paying 717 more. And for a $400,000 house Cascade Court Reporters 541-385-5664 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 • 43 you would be paying $1,580 less 468 for 1,112 more. My question is where does this money go? Why are we paying extra? What are we getting for our money? COMMISSIONER DE WOLF: Thank you. MR. KREISS: My name is Jim Kreiss, studying the services delivered by police and fire. First I want to thank the County Commissioners for coming here. I know you enjoy the building, but we are happy that you came here so we didn't have to come into town again to meet with you. We appreciate that. And second I want to thank Sheriff Stiles for being here today and for being clear about the kind of services not only that we have in Sunriver but that we could expect under a contract with the Sheriff. He's been very up front about that. And he wants to also make us understand what happens to our police department if we don't have local control under our board of directors with an assistant board working with the County Commissioners in the formation of this service district. I think after studying this thing since 1998 with the public safety committee, coming to the board, going through the processes, looking at the possible inclusion of the fire department with the La Pine district, Cascade Court Reporters 541-385-5664 r� U C: C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looking at what we want to do with our police department, it's imperative that at this time that we form the district regardless of the impact that it's going to have on some of US. I am a homeowner. I have a house that's worth more than the average amount. I expect to pay about $300 more per year, maybe 400, for the formation of the services district. If I want to keep my police department under my local control giving me the services in Sunriver that I expect, then I think that somewhere down the line I am going to have to pay more money. That means the guy next door who has the empty lot is going to pay less for once. Sunriver's taxing policy has been out of whack. We know that. The million dollar house pays the same amount as the empty lot. Somewhere along the line if we are going to keep the services and provide the kind of effect that we need to have, we are going to have to balance that out. I think we need the service district now. Thank you very much. COMMISSIONER DE WOLF: Thank you. What was your name again? MR. KREISS: Jim Kreiss. COMMISSIONER DE WOLF: Yes, sir. MR. GHORMLEY: Good morning. My name is Dave Ghormley, G -h -o -r -m -l -e -y. I am not here to say yes or no. Cascade Court Reporters 541-385-5664 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 45 I personally don't know exactly where I want to come down on this vote, and we have got 90 days to make that decision once we set the tax rate. I am interested in seeing that all the facts that we need to make an intelligent vote are spread out in front of us, and my own feeling is that there is some that aren't yet dealt with properly. And incidentally I don't mind -- if we settle on a tax rate, I don't mind going back to the voters down here for more. We do this all the time. And this is a good responsive intelligent community and it isn't something that takes a lot of hoopla. We just need the facts and we will go ahead and vote. If the need is justified, we will vote for it. And if the need isn't justified, we won't vote for it. So I don't think the issue of going back for a levy four years from now, five years, six years is really pertinent because this community will turn out and give you a fast answer if you need more money, and I think everybody who has served on the board would understand that. I want to talk about two issues. One is equity and the other is the costs that are being presented. There's a difference of opinion that could amount to about in very rough figures up to around $0.30 on the tax rate of whether we should give certain assets and certain services to the new district or whether we should charge -- Cascade Court Reporters 541-385-5664 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER DE WOLF: We meaning the owners association? M MR. GHORMLEY: SROA. Right. For instance, the fire house. I think I am right, Gary. I think we got 200,000 bucks left still to pay on the fire house. Is that about right? $300,000 Pete is saying. That's three more payments and then we own it or something like that. Maybe four more payments. Why are we going to charge the new district rent and buy it back all over again? It sounds to me like what we are doing is we are shifting the cost of the fire house to those who have more expensive properties. So we are going to go out here now and pay a million dollars over a period of time in rent to buy something that the community already owns. And this isn't the district versus SROA. This is us because the district is us and SROA is us. COMMISSIONER DE WOLF: Is it the same boundaries? MR. GHORMLEY: Same boundaries. Exactly. So why are we shifting a million dollars worth of cost in the form of a rent from the district to the homeowners association? And secondly, the same thing with the fire trucks and the police cars and the uniforms and all this other stuff that York was talking about. Why are we Cascade Court Reporters 541-385-5664 C� 1 2 3 4 5 6 7 8 9 10 11 12 47 selling that to the district? What are we going to do with this cash? Why do we need it? Same thing with the administrative services we are proposing to provide. We have one general manager, we have one accounting department, and now we are proposing to sell part of that to the district. If it will help bring the tax rate down, to me it would be greater equality by donating those services to the district. What happens if we do? If we donate those services, if we donate the facilities, if we donate the reserve funds, if we donate nature the equipment, then what have you done? You have reduced tax rate and increased slightly the homeowners' 13 1 rate. 14 15 16 17 18 19 20 21 22 23 24 25 Now think about equality. Isn't that a fairer deal? Does the guy who has a $100,000 house or a pole house over here with a $50,000 house, does he have any less need of fire and police than somebody in an $800,000 house? I don't think so. Does the fellow who lives in Corvallis or Salem who wants to be sure that somebody doesn't come in and break into his house, does he have any less need of police protection than the person who is living here all the time? I don't think he does. So I think if you want to talk your way through this, I think what the board has not done yet is said what is fair, and I see no reason to shift these costs to those Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 people and those facilities that have higher values. I am going to bring the resort into this too even though they haven't asked me to do this. The resort is going to take a big time hit on this deal. If there is one thing I want to have around this community is a healthy resort. I want to be sure it's profitable and first class. And here we're talking about something that will load them up with a bunch of costs which is in violation of what we originally agreed to do in our consolidated plan. COMMISSIONER DE WOLF: Can you explain why that is. MR. GHORMLEY: Because there's a sweetheart deal that the resort wrote when it turned all these assets over to the homeowners association. They get a preferential break on homeowner fees. COMMISSIONER DE WOLF: So then they would be responsible for -- MR. GHORMLEY: Now all of a sudden they are going to get taxed on the basis of their assessed valuation and they are going to take a load. And before we go loading them up with this, I think we better think about the impact on the homeowners' values. The other point I want to talk about is cost. To me the figures that are being presented are hopeful costs. I think Marty brought it out exactly right over Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 here, and that is if you take this same budget and say let's pretend we're in Bend, what would these costs look like, I think you are going to get a far different picture of what it's going to cost to pay for the labor to perform these functions. And when you hear horror stories on PERS like we just heard, I get very, very nervous. Now, the homeowners association and all the people on the public safety committee and you heard a little bit about the pressure they are putting on down here for the citizens patrol now threatening to go out of business if this doesn't pass, this is the kind of hoopla that we are getting. But on the other hand what we are really talking about is what I need as an old fogey is I need a good ambulance service. And the biggest risk we got around here is fire, and I need a fire protection service and all we are focusing on is the police. And frankly I haven't seen too many murders down here in the last 15 years. So Sheriff Stiles has a legitimate point I think in saying I want to have control over people that are commissioned by me. I don't have any problem with that speech. As to the details of how that works, I'm not so sure. But I do know that when we start talking about having two full-time policemen patrolling the streets down here 24 hours a day, then if we want that kind of service, Cascade Court Reporters 541-385-5664 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ON we are going to pay for it. And if that's what we decide to do is go ahead and pay for it, then I am perfectly satisfied with that. But I think we better start thinking just a little bit about do we in fact need that level of police protection? And let's concentrate instead on how we are going to be sure that we have good fire protection and how are we going to be sure we have got good ambulance services. I think these are issues that the board in it's effort to try to get this problem off the agenda and get on with something else has not spent enough time clearly telling us exactly what the reality is, and as a result there's a lot of rumors going around saying there's no way this thing is going to fly for $3.00 or there is no way it's going to fly for 3.30. And we are saying as somebody previously said what do we get for our extra money? In my case it's probably $150 a month. And what do I get for the $150 a month? I am not saying I am not going to vote for it. I would love to have this issue go away. But I'm not going to vote for it unless I am convinced that I am going to get value received. Thank you. the red. COMMISSIONER DE WOLF: Anyone else? Back in MR. MARTIN: I am Peter Martin, M -a -r -t -i -n. Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 I am a nonresident owner 14 years, and I want you to know that I support the formation of the district. I think there have been a number of questions that have been raised at the 11th hour. It's too bad they didn't come in earlier. I think the board has made every effort they can to inform us all as clearly and through as many meetings and they could come up with to let us know what's going on. I want to see this happen. We have only two choices here. We have the Sheriff's services which will be less than what we have now, and we have what we enjoy today. I want two officers patrolling 24 hours a day. It's not so bad this time of the year, but what about July and August? We need them. There is a lot of vandalism that can go on here without police presence. We take it away, the word gets out, the burglars come in. We have got a wonderful police department and a wonderful fire department, and I think the reason we're looking at the formation of a district and talking about 3.95 a thousand is because we haven't paid the people enough to start with. We have been getting the free ride on our public services. So it's time to pay the piper and bring our folks up to par with the industry. I can't vote so all I can do is encourage you to review this and please look upon this favorably because we need to have the level of services that have been provided. Thank you. Cascade Court Reporters 541-385-5664 9 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 COMMISSIONER DE WOLF: Thank you. Next. MR. QUINN: Tom Quinn, Q -u -i -n -n. I just want to raise a question. Mike Meyers raised the issue of the PERS cost and that sudden increase in liability. I wanted to ask is that not mostly or maybe all due to your exposure to Tier 1 PERS? MR. MEYERS: It's part of that and it's also part of the stock market. MR. QUINN: Isn't that to Tier 1 PERS -- MR. MEYERS: It guarantees an eight percent. MR. QUINN: I think everybody here doesn't understand PERS has Tier 1 and Tier 2, and employees that were in the program prior to what year? MR. MEYERS: 195. MR. QUINN: The main point is Tier 1 PERS does have major financial problems. Everybody has read about those in the paper, and this is what I believe you are talking about. And I believe almost all if not all of your current liability surprise isn't due to Tier 1. MR. MEYERS: We have -- 60 percent of our people are Tier 1 which is one of the lower percentages. MR. QUINN: But our employees if we form a district are only eligible for the Tier 2 program which does not include -- MR. MEYERS: They would be in the state pool, Cascade Court Reporters 541-385-5664 • • U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 and so I don't know how you can predict what the state pool rate will be when this district is formed. MR. QUINN: But the state pool again will not include in Tier 1 or any of the Tier 1 liabilities. MR. MEYERS: It does now. COMMISSIONER LUKE: State pool is all Tier 1 and Tier 2. MR. QUINN: Is that correct? COMMISSIONER LUKE: Yes. MR. QUINN: That's what I wanted to clarify because I really don't understand. MR. MEYERS: The county is part of the state pool effective January 1 of this year. These liabilities we are having now are not -- these are past liabilities. I can't tell you what the future ones will be, and I can't tell you what the pool rate will be next year or the year after. The point I was trying to make is you cannot predict some of these costs on a long term basis. MR. QUINN: I understand and I agree with that. But I mean I am trying to clarify that Tier 1 and Tier 2 -- frankly it's very confusing to everyone and I am sure even to you who works with it. MR. MEYERS: I think solving this problem you are probably going to end up with Tier 3 and Tier 4. COMMISSIONER LUKE: If the legislature ever Cascade Court Reporters 541-385-5664 • 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acts. MR. QUINN: They didn't the last time. Thank you. 54 COMMISSIONER DE WOLF: Mike is going to take over as Vice Chair of the Commission. I need to run and sorry that I have to leave. Thanks of all your input. And I will read the rest of it when we get the printed copy and we will see you next week. COMMISSIONER LUKE: Those of you who want to testify, why don't you come up here in the front so we know how many we got. MS. BENNINGTON: I am Penny Bennington. I just happen to be the treasurer of the -- Penny Bennington, B -e -n -n -i -n -g -t -o -n. I do happen to be the treasurer of the owners association board right now, and I do know the numbers. But I do want to talk as a homeowner. I own three homes in Sunriver and I think the important point you keep saying -- Dave Ghormley asked what am I getting for my money. I calculated -- based on $3.25 I calculated that I would be paying $27 more a month for all three houses. And one of the things we -- COMMISSIONER DE WOLF: Is that each month accumulative? MS. BENNINGTON: Accumulative. And one needs to remember I think right now I just quickly calculated Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 where we're projected I think the mean level is about 156,000 assessed value. We will have that for you next week. But again I own -- two of those properties are taxes assessed less than that mean. So I am going to be paying less. There are a whole number of homeowners that will be paying less for these services. We just need to remember that unfortunately what Dave -- what you will be getting for your money is to be able to keep the services that we currently have. There is a tax shift, there is a cost shift, that's what the reality is with tax assessed over the owners association which is an even across the board. And unfortunately we are not going to be able to justify what that higher cost is. But again as a homeowner with three houses, two of them are below the mean, and there is a whole number of homeowners that haven't stepped up to the plate, condominium owners, the vacant lots and everything else that will be paying less for those services. Thank you. COMMISSIONER DALY: Thank you. Anyone else? MR. FOSTER: I have a very quick question. COMMISSIONER DALY: Come on up and state your name, please. MR. FOSTER: My name is Bob Foster, F -o -s -t -e -r. I am not a homeowner in Sunriver. I have been here many, many years. I have a business and operate in Sunriver. Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 Certainly trying to pay attention to this there is a lot of mathematics that I certainly can't follow. There seems to be various groups, various positions, that I'm not real certain how it all plays together. My only purpose in trying to find out is I do deal with a large number of homeowners in Sunriver that ask my opinion from time to time. My only question is this: If this were to be voted on and it's done, I believe Mr. Abrams stated very soundly that things change a lot in Sunriver. Things will continue to change. I personally believe that over years the government if you would of Sunriver is going to change from one group of people to a decidedly different group of people. If this were to come to pass and that group of people decided that perhaps the level of services was not what they thought they needed anymore or they thought they needed more, they thought the taxing was improper, inappropriate or whatever, if this thing -- if we wanted it to go away, how would that come to be done? COMMISSIONER LUKE: You don't have to levy any taxes, and Laurie or Rick can answer this, I think. But if you do not levy taxes for three or four years, something like that, three years, if you do not levy taxes for three years the county could shut the district down. MR. FOSTER: And that would be a County Cascade Court Reporters 541-385-5664 • • .7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 Commission decision? COMMISSIONER LUKE: The question is is that a County Commissioner decision? Rich Isham, Chief Counsel for Deschutes County. MR. ISHAM: Rick Isham, County Legal Counsel. There are two ways that the district can be dissolved. One is through failure over a three-year period to levy a tax and that's a board initiated dissolution. That's the Board of County Commissioners. The other is a decision by the district board which because it's a county service district, there is also the Board of County Commissioners. They can initiate this dissolution. Dissolution in either case takes into consideration any outstanding obligations, basically acts as a trustee and winds down the affairs of the district. COMMISSIONER LUKE: And the service district could choose to levy, say, a dollar a thousand and contract with somebody too. There's all kinds of options. Nobody says because you formed a district you have to provide all the services for that matter. MR. ISHAM: Well, that's correct on an annual basis. The decision on what services to provide and what tax rate to impose would be determined through the budget committee as was pointed out and then ultimately by the district governing bodies. And then the proposed operating Cascade Court Reporters 541-385-5664 • • LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 W. model is the same model that is being used in Black Butte Ranch which there's basically an operating board that operates on site, makes the day-to-day decisions regarding the operation of the district. COMMISSIONER LUKE: Does that answer your question? MR. FOSTER: If I could just so that I can clarify it. So what we are saying is we would form a district by a vote of a group of people that is currently in place in Sunriver due to their permanent residency. We would create an entity then that is of some financial benefit to the county I must assume for administrative whatever -- COMMISSIONER LUKE: No. MR. FOSTER: None whatsoever? COMMISSIONER LUKE: No. MR. FOSTER: No money flows to the county in any way? COMMISSIONER LUKE: No. MR. FOSTER: We definitely would create a situation from what I am gathering where money would be able to go up in two directions on the people that are impacted by this, one through SROA fees which can continue to go up if need be, one by increasing the tax rate that we have been speaking of. It can go up. Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 COMMISSIONER LUKE: It can't go past the maximum tax rate, though. MR. FOSTER: I understand. Unless we go back to the voters and the voters voted against it. So what I am gathering is voters can vote to have it and to increase it, but the voters would not be the people that would be allowed to vote to eliminate it? COMMISSIONER LUKE: If I was a County Commissioner, I would probably put it to a vote to see if they wanted to dissolve it. Rick just told you a lot of times what he was talking about sometimes you get road districts that don't levy taxes and they just choose not to maintain the roads anymore. And so you have something in place so that you shut these down so they can do something else if they want to. But I have never seen it done -- it hasn't been since I have been a Commissioner. How long have you been here? 20 years? Rick, have you ever seen one shut down? COMMISSIONER DALY: Inn of the Seventh Mountain. MR. ISHAM: Actually Mike is correct. The county service district provided the sewer services for the Inn of the Seventh Mountain and condominium units and the hotel functions that were performed there. Ultimately for a number of reasons, some of them environmental, the contract was negotiated to hook to the City of Bend. And Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 • 25 so the purpose of the district -- the district was no longer needed and so the Board of County Commissioners as that was a county service district also initiated the dissolution, paid off the debts and liabilities, and developed a closure plan for the sewer plan and closed it. So it does happen. But I think in a situation like that, you had a substitute service provider which was the City of Bend which it extended the services to the district and then entered into an independent contract to provide service to the owners. MR. FOSTER: Thank you. COMMISSIONER LUKE: Thank you. Anybody else besides Gary? MR. LUERSEN: I am Tom Luersen, L -u -e -r -s -e -n. I am an ex -property owner. I was kicked out by my neighbors last week so I am no longer living in Sunriver. However, I do represent Sunriver Limited Partnership and that's the largest property owner within Sunriver. I have been asked several times over the last four or five months my position which really represents not my position but our company's position on the service district. And I have surprisingly stayed below the radar which is where I wanted to go on this particular issue. It's complicated, the math is a little bit confusing at times because we have not landed on a specific yet. Cascade Court Reporters 541-385-5664 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 0 61 I think the board has done a wonderful job in attempting to communicate and to make information available. But like anything else, you only get those that are interested to hear the information. And as you know, we're at the lowest occupancy if you will right now, the last three or four months, than we are in the entire season. People are beginning to come into town as the skiing picked up, they will begin to arrive more often as spring comes into fruition. As those people come in, so do the questions get re -raised all over again. And to me the.most fundamental question that I don't understand and yet have heard a whole lot of answers to is, Sheriff Stiles, if you would, your position and how we got here. I have heard, met with Gary and representatives of the board. I have not missed a public hearing meeting where I usually sat in the back and taken notes. If it would hp Annrnnri ai-n T ,.Yr , , 1 A love to ask Les to come up forward and just summarize -- I am not looking for a debate, I'm not looking for Q and A even from the Sheriff, but for a simple position on how we got here if it's appropriate. Lastly the resort will take a position on it. As Dave pointed out, whatever happens here to property owners here, it effects us. We are running a business. We are for profit obviously. There is a -- at the 3.95 tax Cascade Court Reporters 541-385-5664 U 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 rate, it's a six digit figure that impacts our company on the gross side. That's without the reduction of monthly dues. So at the 3.95 level it's up over $110,000. It's a pretty substantial hit for us. Yet we are also a pretty large company. I don't want to sound political in my comments, but this is really a homeowner's position. It's why we have stayed below the radar. We clearly will take a position, and I will let that position be known when it's appropriate. My role in all of this and we have John Fettig, Dale Garnick, some of the people from our company, here to learn. I know that you are doing the same and that you haven't taken a position yet that's not well-informed and well-educated. That's what these forums are for. This isn't to come and listen to ourselves talk or get it in the record or to stand in front of the County Commissioners. It's an opportunity to learn. I can speak for myself only. I am not very well-educated. I'm not educated to the point that I am comfortable in making decisions. I ultimately will be. Sheriff, if you would take the time to summarize or, Commissioners, if it's appropriate, but it would certainly be helpful to me. Thank you. SHERIFF STILES: I want to thank you very much. I was kind of hoping to stay below the radar screen Cascade Court Reporters 541-385-5664 • C. U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 also. Tom, I can answer part of your question, and for those who are here today, I will be happy to go into as much detail as you would like either now or after the meeting. I don't know how we got here. I know that a year ago approximately in March of 2001 about two or three months after I was sworn in as Sheriff I was contacted by some people in Sunriver who asked me the following question. It appears as though there's going to be an advisory vote relating to the formation of a public safety service district, and what we have been told -- we meaning residents that were asking the question -- have been told is this: There are two options. Form a public safety district or everything remains as it is. Is that true? My response to more than one person was no. That may not be true. There are a number of other issues out there that need to be explored. I have been in office 90 days. I need to explore those issues, but I would not guarantee that the options for voters to go on was a public safety district or everything remains as it is. Some change may be coming down the road. I think, Tom, that that's a partial answer to your question of how did we get here. In the intervening nine months from that time to now, there have been a number of other questions Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 relating to the issue of why does the Sheriff stand where he does. And Dave, I really appreciated your comment about what is fair because on my desk I have got a little plaque that has what's fair and what's right. Those are the two guiding principles that I try to live by daily in making decisions as Sheriff of Deschutes County for all of the people of Deschutes County. In the course of looking into what the options were for us with respect to Sunriver and the public safety district -- I am going to get back to this fair and right here in a minute. But I think it's important to understand, Dave, do you remember the exact date -- I was a candidate. There was a forum of public safety people at your house. At that time I was asked the question if you are elected Sheriff, where would you stand on a public safety district or what do you think is in the best interest for Sunriver police officers because we have a high turnover rate. As a candidate I made it clear that I thought the formation of a public safety district would solve a whole host of those problems and address them in a much better manner. The last time I was in this beautiful room I was sitting next to Larry Kimmel. Mike, you were here. It was a candidate debate for the campaign, and some of you who are here today I recognize were here then. Even though Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 I was running a fever and Larry Kimmel was also that night, I think I remained pretty consistent in why the public safety district would answer your needs better. In the end the question that I have to ask myself is this: What's fair and what's right for all of the people that I represent in Deschutes County which roughly numbers 118,000 right now. And the issue is the civil liability by commissioning others. Dave Ghormley hit on it, a couple of other people have hit on it this morning. Every time somebody raises their hand and I swear them in as a deputy sheriff, I as the Sheriff am representing all of you because you are my boss and I become liable for the actions of that individual. In the end that's what this issue really boils down to. But there is another very critical, critical issue in my opinion because it's not just about civil liability. I wrote an article, an In My View piece, for The Bulletin that was published last Sunday. I would urge if you haven't read it take a look at it because it's more succinct than I have been so far. But there is another issue. You need to have local control. You need to have the local control over your law enforcement and your fire services. There is going to be inherent conflict between the Sheriff and the Sheriff's office providing the Cascade Court Reporters 541-385-5664 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 necessary and needed oversight that must be done to protect all of the residents of Deschutes County from potential civil liability and what you via the Sunriver Owners Association and management may want to see your police officers doing. And I am here to tell you right now that you can't put your police chief in that kind of a vice. There will be inevitable conflict, some of them small, some of them potentially small in the beginning but by the time they are magnified through misconception and misunderstanding they might become large. But you can't do that. And this option is one way to resolve that issue as well as me maintaining the stance that I have had for over two years which is the Sunriver police department should be it's own entity and should answer to you. Not to me. Tom, does that answer your question? MR. LUERSEN: Yes, sir. My question is about the insurability of the liability imposed on you, Sheriff, if in fact we are a deputizing people and our officers here. We have as an owners association insurance to cover some of that is my understanding. Can we -- is there the other alternative that says you are willing to protect the liability of the residents of Deschutes County if in fact we can increase our insurance if you will for that service? That's a question I have yet to really understand the Cascade Court Reporters 541-385-5664 • C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 answer to. SHERIFF STILES: I will be happy to address that. Gary, am I correct two million right now per incident, 10 million cap? MR. FIEBICK: I think it's one to ten -- SHERIFF STILES: It's one to 10. One million per incident, 10 is the cap. 10 is the aggregate cap. MR. FIEBICK: That's the umbrella. SHERIFF STILES: Tom, to answer your question, one million isn't enough. I can't go into it, but I think Gary would be happy to share some information with you. I know of at least one incident in the last 12 months that one million wouldn't even start to go there. How high is enough? And would that also provide the due diligence that comes from the Sheriff because it's not just a matter of simply dollars and cents. The real issues that are being tested right now in the federal court system if you move outside of the state system where you have got your tort liability or at least we do and you move in to the federal venue, you have now moved into an area where concepts of negligent retention, negligent training, negligent supervision, negligent hiring, all of those negligence issues are pretty big dollar issues. And I think our legal counsel will Cascade Court Reporters 541-385-5664 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support that. I don't know if that's enough. But even if you had one hundred million, the incident itself that occurs I still must be able to show that I have provided all of that oversight for hiring, training, supervising. And the minute I am doing that which I am doing right now. Quite frankly in the last six months I have given Chief Kennedy a number of very specific directives, I have sent my under sheriff down, I have sent my patrol captain, my detective captain and my training sergeant to evaluate your files. I have every bit of confidence in Sunriver officers. I cannot continue on the backs of all the other taxpayers in Deschutes County to support that kind of oversight because they didn't pay for that quite frankly. They didn't. And so every time I am sending staff down to do that to make sure that we are providing that kind of oversight, it's costing other taxpayers their money. Does this answer your question? MR. LUERSEN: I understand. COMMISSIONER DALY: Anyone else want to ask a question of the Sheriff? SHERIFF STILES: Before I leave can I make one comment, Commissioner? COMMISSIONER DALY: Yes. SHERIFF STILES: The last comment I want to Cascade Court Reporters 541-385-5664 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 make is this: In the last nine months I have heard a number of allegations relating to what I have said or haven't said. Could I please make this invitation. If you have any questions, Tom, or anyone else regarding where I stand or why I stand there, please call me at my office. I will leave some business cards here today. And the other one of the areas that I am most concerned about is the fact that the Sheriff is not and will not contract. That's not true. There are a host of other options. This is not the only option. That said, this is the best option. This being the public safety district is absolutely clearly the best option for your control. And if that is important, I would certainly take that into account. I will not get involved and I cannot make recommendations as to staffing levels or any of those things. The level of service you want is your decision. But there are other options that are open and I have not shut any doors. Thank you. COMMISSIONER LUKE: What phone number do they call? SHERIFF STILES: 383-4393. COMMISSIONER LUKE: Thank you. COMMISSIONER DALY: Does anybody else want to ask a question of the Sheriff or come up and testify? Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 COMMISSIONER LUKE: Gary wanted to finish off if there is no one else. MR. FIEBICK: Gary Fiebick, general manager of Sunriver. Just on behalf of the board I would like just to respond to some of the comments and questions that have come up during this time. Some of the facts. First of all I think the Sunriver tax rate is above $10 per thousand currently. Secondly, the numbers and things that we are working on have nothing to do with Arthur Anderson or Enron or any other subsidiary. But actually as far as the police service level, Sheriff Stiles is correct and Dave Ghormley who was president when I came on as general manager in 1996. The policy has been since before 1996 that Sunriver would endeavor to have two police patrol officers on duty 24 hours seven days a week. Now, one of the things that we don't do if somebody is at court or ill or on vacation, we don't always back fill. But you can always be assured that we will have at least one person on when required when it's necessary. Secondly, the board had a work session and they revised some of their thoughts on the few issues so I would like to share that with you now. As regards personal property, that is the furniture, fixtures, equipment including vehicles, et cetera, the board is proposing that Cascade Court Reporters 541-385-5664 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 all of that equipment and furniture and fixtures be sold to the district for one dollar. Essentially giving it. Therefore that will reduce the district's budget and we have a new iteration with that in consideration. Secondly, real property. That's been discussed off and on by the board for some time and debated. At last meeting it was decided that at least for now we would leave the rents there for a couple reasons. We had debt service both on the fire department and we have debt service both as well as on the administrative area. But I think underlying all of that they want to be careful that if in the future this district might merge or annex property or area to it, that the owners of Sunriver would be able to obtain a fair value for that property if it were transferred to a larger district. Next I would like to turn to tax values. We receive from the assessor specific values regarding Sunriver itself, the area that will be within this district. According to the true cash value, that means your local realtor when he comes to look at your property he is going to tell you what the value of your property is based on all kinds of comparable sales, but true cash values for all of Sunriver is $1,232,108.802 according to the county assessor. A portion of that is resort, a portion is golf, a portion is commercial, and the major Cascade Court Reporters 541-385-5664 • 17J C7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 share is residential. Now, if you look at what we're dealing with in this calculation set of numbers, we're talking about the tax assessed values. Was it '95 when the law changed that said the tax assessed values of properties in the state could only go up a maximum three percent a year unless you made an addition or something like that. The tax assessed value for the same area is $853,977,211. If you do the math, the tax assessed value on average is only 69 percent of the true cash value of the properties here. So all the calculations that we work with in trying to estimate what it would cost you as an owner whether it's commercial, resort, golf or residential is based on the tax assessed values, not the true cash value. COMMISSIONER LUKE: That number is pretty consistent across the county. Most property is 30 percent under true cash value. MR. FIEBICK: Thank you. Next item there is discussion or question about resort and commercial assessments. Yes, the resort and commercial properties and golf properties are assessed on a formula that is set out in the consolidated plan for Sunriver, and that assessment can be calculated by anyone really if you have the right set of numbers. For the purposes of taxes, the resort value is Cascade Court Reporters 541-385-5664 • 0 is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 $13,589,660. Now, that includes more than just what the Sunriver resort has in terms of assets. That includes the hangars because they are developed on what was resort property, and it includes the trout house because it was on resort property when it was developed. So it it's just the SLRP property.. There's a couple of differences there. The golf courses are assessed separately, and by agreement with the assessor I think all the golf courses in Central Oregon are assessed more on a business basis rather than a value of land basis. Commercial properties and that's the accumulation of all the commercial properties, that's the mall, it's mall two, it's Dr. Skotte, it's the old service station, it's the marketplace store out north and it's probably a couple of other properties. Those commercial properties are $15,347,701. And the balance is the residential. Now, as concerns the resort, SLRP -- John or Tom you can correct me -- the resort owns I believe 65 lodge condominiums and 30, 35 river lodges. So that's about 100 residential units that they own. The resort will pay on those residential units just like any other condominium owner or homeowner in Sunriver. So they have those changes. In addition they have this resort value to the remainer of their assets as well as the commercial Cascade Court Reporters 541-385-5664 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 value. And so they pay on that on an adjusted basis also. Now, the last iteration of budgets that we did we assumed that the first year tax rate might be $3.15 per thousand and that the SROA assessment would be revised downward to I believe $35. It may go a little lower. But that's what the board is comfortable with at this point in number. Based on that, the increase in combined annual tax on assessments for the commercial properties is about $33,500 increase annually. The resort properties in aggregate, the total increase with the new tax district and revised SROA assessments based on their formulas for those, their increase for all those resort properties would be approximately $23,600 a year. Residential properties. I did some calculations. There are 4,124 residential properties. Some are vacant lots, some are condominiums and some are homes. The mean value, that is the average based on tax assessed values is $198,814. That's pretty straightforward math. The true cash values based on true cash assessment, the average or mean value is $289,107. So it's almost $100,000 more true cash value on average for the average property. We looked at what the break even value might be on tax assessed values, and with a $3.15 per thousand assessment for the first year and assumption that the SROA Cascade Court Reporters 541-385-5664 :7 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 assessment would drop from $71.91 a month to $35 a month, then the break even value where if you have a higher value you will pay more in total or lower value you will pay less than total is about $140,600. Now, if you take the example with the mean value of property, that is the average property on tax assessed values that is $198,814, the new assessment, the new district tax, the combined increase for that property would be about $183 a year or monthly increase of about $15.25. Now, again there are a couple other choices and decisions that the board is reviewing with counsel of the financial advisors from the county and others and so these can change and will change a lit bit before we get to the final hearing a week from today. Hopefully we will have those decisions by the board and be able to incorporate those recommendations by next Monday so we can get the information to the Commissioners' office and make it available to owners. COMMISSIONER LUKE: Are you done? MR. FIEBICK: Yes. COMMISSIONER LUKE: The county and a lot of different governments and I imagine individuals, there's -- you can put a right of reversion into a deed. If the homeowners so chose to make the fire hall or different things available or give them to the district, you could Cascade Court Reporters 541-385-5664 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have a right of reversion there. If something changes, they would get it back. So there are some options that would protect the homeowners association. MR. FIEBICK: Right. And we have discussed that in our group. COMMISSIONER LUKE: Thank you. COMMISSIONER DALY: Are there any questions? COMMISSIONER LUKE: Do we know where we are meeting a week from today? We are meeting in this same room a week from today at 10:00. COMMISSIONER DALY: If there are no other questions, I guess we are adjourned. Thank you. (Time noted 12:05 P.M.) Cascade Court Reporters 541-385-5664 76 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF OREGON } ss COUNTY OF DESCHUTES ) I, DEBORAH FLEISCHER, Court Reporter and Notary Public, do hereby certify; That the foregoing transcript is a true record of the proceedings. I hereby certify that I am not interested in the event of the action. IN WITNESS WHEREOF, I have subscribed my name this 11th day of February, 2002. DEBORAH FLEISCHER Court Reporter & Notary Public Cascade Court Reporters 541-385-5664 77 COUNTY OFFICIAL MARYHSUE SPENHOLLOW, COUNTYRCLERKS 1�d Z001•l39 COMMISSIONERS' JOURNAL 01/11/100104;41;39 PM Sunri*ver Service District for Fire and Police Budget Forecast New Tax Assessments New SROA Assessments 1 E�" L C- ! SRSD has primary budget � resources from a property tax # levy and permanent tax base � maximum; SROA has budget funding � primarily from assessments to � property owners. 11 E, � SRSD permanent tax rate can be # applied to a "tax assessed � value" that could normally � increase 3% per annum, except � for new construction, � annexation, etc. n � SROA's Board of Directors may increase its assessments up # to 6% annually without a vote * of the owners. 11 # SRSD budget based on � historical experience and costs S from SROA's operations. 11 'I %f SRSD will be a stand alone � operation with additional • requirements. 0 11'j 11 12 a 11 C � SRSD to acquire personal � property assets for One Dollar # ($1.00). v SROA retain ownership of real � property assets and lease to � SRSD, on net basis. c: 11 11 11 � Proposed maximum tax rate � $3.95 0 � Levy $2.98 would fund � district's first year � requirements. • %f A maximum of $3.45 is # recommended by SROA. 11 February 11, 2002 (Revised & Updated) RE: Sunriver Service District for Fire & Police Forecasts of Operating Costs, new Tax Assessment and new SROA Assessment. I. Estimate of First Year Requirements for District: (Based on 2002/03 Forecast) FIRE POLICE Department Budgets: $1,027,700 Fire Department — District Budget (w/o Hydrant Standby) $ 756,329 Police Department — District Budget $ 64,686 Pathway Rangers— District Budget (SROA contract) $1,027,700 $ 821,015 Sub -Totals Department Operating Budgets $ 100,000 $ 50,000 Reserve Contributions for FF&E Services Currently in Other Cost 53,000 50,000 Vehicle Services — Operating Cost 64,488 64,488 Administrative Cost (40% allocatio 38,843 38,843 Accounting Cost (40% allocation o Rent Estimates: (N/C) 45,000 Fire Department Rent — Facility (re 10,000 Police Department Rent — Facility $ 301,331 $ 213,331 Sub -Totals of Currently Unallocate $1,329,031 $1,034,346 Sub -Totals Department Allocated Combined Total Department Direct & Allocated Plus: District General Expenses: Legal Insurance (Casualty, Fire, Vehicle, Liability) Computer System Interest Expense (TAN's, etc.) Board Functions Operating Contingency Total District General Expenses $2,363,377 $ 20,000 40,000 10,000 28,010 5,000 4$ 233,332 $2,596,709 ( 176,186) $2,420,523 $2,631,003 0 130,322 Requirements to Fund for 02/03 LESS OPERATING REVENUES: $100,000 Ambulance Revenue 11,500 Fire/Med Program 64,686 Pathway Ranger Contract Income Sub -total Operating Revenues Transferred PROPERTY TAXES To Balance Requirements Tax Levy ($2,420,523 /.92) Required (to allow for Tax Discounts & Delinquent Taxes) Estimated TAV for 02/03 = $883,866,413 (up 3.5%) or ($2.97669/k) and $2.98 Rounded Centers: (N/C) Est. (Public Works) n of cc #11) Est. f cc #91) Est. duced) (reduced) d Expenses $2,363,377 $ 20,000 40,000 10,000 28,010 5,000 4$ 233,332 $2,596,709 ( 176,186) $2,420,523 $2,631,003 0 130,322 Requirements to Fund for 02/03 LESS OPERATING REVENUES: $100,000 Ambulance Revenue 11,500 Fire/Med Program 64,686 Pathway Ranger Contract Income Sub -total Operating Revenues Transferred PROPERTY TAXES To Balance Requirements Tax Levy ($2,420,523 /.92) Required (to allow for Tax Discounts & Delinquent Taxes) Estimated TAV for 02/03 = $883,866,413 (up 3.5%) or ($2.97669/k) and $2.98 Rounded Page 2 of 5, SR District/SROA Budget Changes, 2/11/02 H. ASSESSED VALUES FOR SUNRIVER: 2001-2002 $1,232,108,802 TOTAL "True Cash Value" FOR ALL OF SUNRIVER Estimate by Property Type: (2001/02 Numbers) $ 15,508,845 RESORT (1.2587 % X SROA Exp. X.8) $ 5,128,400 Golf (0.4162 % X CC 22,28 Exp. X.5) $ 19,193,500 COMAffiRCIAL (1.5577 % X SROA Exp. X .5) $1,192,278,057 RESIDENTIAL __- - ---_- _ - _ _-- - _ - True cash value formulas are utilized for calculating the SROA assessments for Resort, Golf and Commercial properties, by The Consolidated Plan of Sunriver. 0 NOTES FROM 12/27/01 MEETING WITH MARTY WYNNE, Deschutes Coun $ 853,977,211 Final "Tag Assessed Values" calculation for 2001-02 Tax Year $ 13,589,660 Resort $ 5,128,400 Golf $ 15,347,701 Commercial $819,911,450 Residential ISM it increases 3% annually over the next 6 years then these estimates: $ 879,596,527 2002 it 905,984,523 2003 2003 933,163,955 2004 if 961,158,875 989,993,641 2005 2006 1,019,693,450 2007 161f it increases 3.5% annually over the next 6 years then these estimates: 2 $ 883,866,413 2002 914,801,738 2003 946,819,799 2004 979,958,492 1,014,257,039 2005 2006 1,049,756,035 2007 2 Page 4 of 5, SR District/SROA Budget Changes, 2/11/02 V. Assessment Chances by Property Tvne: Based on Tax Assessed Values A. Commercial Properties: (aggregate) $ 27,921 Revised SROA Assessment (by formula) 45,736 Public Safety District Tax Assessment ($2.98 per thousand) $ 73,657 Combined Total of New Assessments (jA;,610) 610) Current Assessment Total $ 31,047 Increase in Combined Annual Tax & Assessment (72.9%) B. Resort Properties: (aggregate) $ 36,083 Revised SROA Assessment (by 2 formulas) 55,780 Public Safety District Tax Assessment ($2.98 per thousand) $ 91,863 Combined Total of New Assessments $ 56 690 Current Assessment Total $ 35,173 Increase in Combined Annual Tax & Assessment (62.0%) C. Residential Properties: (Examples are based on current year Tax Assessed Values and without tax benefit. 1. $200,000 Assessed Value Residential Property (Home or Lot) $ 408 Revised SROA Assessment ($34/month for balance of 2002) 596 Public Safety District Tax Assessment ($2.98 per thousand) $1,004 Combined Total of New Assessments ($ 863 Current Assessment Total $ 141 Increase in Combined Annual Tax and Assessment (16.3 %). Monthly Increase of $ 11.75 2. $300,000 Assessed Value Residential Property (Home or Lot) $ 408 Revised SROA Assessment ($34/month for balance of 2002) 894 Public Safety District Tax Assessment ($2.98 per thousand) $1,302 Combined Total of New Assessments ($ 863 Current Assessment Total $ 439 Increase in Combined Annual Tax and Assessment (50.9%). Monthly Increase of $ 36.58. 3. $500,000 Assessed Value Residential Property (Home or Lot) $ 408 Revised SROA Assessment ($34/month for balance of 2002) 1,490 Public Safety District Tax Assessment ($2.98 per thousand) $1,898 Combined Total of New Assessments ($ 863 Current Assessment Total $1,035 Increase in Combined Annual Tax and Assessment (119.9%). Monthly Increase of $ 86.25 The breakeven point is $ 152,685 of tax assessed value for a residential property. (Current rate $863 less new rate of $408, then divide the result = $455 by 2.98 to find the $value.) 0 Page 5 of 5, SR District/SROA Budget Changes, 2/11/02 - ----- - ----- --- -- - - -- - ------------------ Based on tax roll records (not current market values) for Sunriver as provided by Deschutes County, the following information is related to residential properties. 4,124 Total Residential Properties $198,814 Mean Value (Average) of total Tax Assessed Values. 0$289,107 Mean Value (Average) of total True Cash Values. 4 $152,685 Breakeven Value for higher or lower cost, based on new tax rate ($2.98/k, plus new SROA assessment ($34). 16 Example with Mean Value Property of $198,814 : V $ 408 Revised SROA Assessment (annualized) 593 Public Safety District Tax Assessment ($2.98 per thousand) $1,001 Combined Total of New Assessments 863 Current Assessment Total ($ 138) Increase in Combined Annual Tax and Assessment (16.0 %) Monthly increase of $11.50 (1 /22/02 Adj u stm ents) (1/30/02 Revised, GAF) (2/7/02 Revised, GAF) 11 11 11 L:j v v 0 11 n 11 eW COUNTY OFFICIALMARYHSUE SPENHOLLOW, COUNTYRCLERKS U 2002-139 COMMISSIONERS' JOURNAL 0411711001 04;47;39 PM i i I I a O i COUNTY OFFICIALMARYHSUE SPENHOLLOW, COUNTYRCLERKS U 2002-139 COMMISSIONERS' JOURNAL 0411711001 04;47;39 PM i i I I • Sharon Abrams, C.O.B. Sunriver, OR • James Winkler, Rttornev Chicago, It • Darrel Johanson, C.P.R. Son Jose, CR t- DESCHUTES COUNTY OFFICIAL RECORDS ^r MARY SUE PENHOLLOW, COUNTY CLERK IBJ 2002.139 j, SG CS & 314oeas-zzly COMMISSIONERS' JOURNAL 01/17/100104:47:39 PM Jresfi e Le y asen9lo .%ro�essronals P. .Box 3830 Iver, OR 97707 03) 593-3165 ke s- �&-f-, -J .2 J -21 91 . (a!P Vht-u P c C,/Vxs /0/ T = aC7 �v d� C C) a11h� So'Li �� /L D rv�Pl.�,-y-,e_s y. RL,�o �& 3 �-,7�is� rzM ---------------------------------- - - - --- ------------------------------------------------------- FEB-11-2002 MON 10;01 AM ASSESSORS OFFICE FAX NO. 541 389 7947 P. 02/02 COUNTY OFFICIAL MARYHSUE SPENHOLLOW, COUNTYRCLERKS COMMISSIONERS' JOURNAL 02/27/2002 04;41;39 PM Sunriver Assessed Values by type does not Include properties with -0- assessed value, such as common areas or business personal property under the 410,000 threshold Real Property # of Accts Mean Median Sunriver ownership vacant land 2 1,637,591 1,637,591 Sunriver ownership Commercial Properties 10 1,212,968 864,201 Sunriver ownership Multifamily/Condo's 68 109,574 111,745 Sunrivor ownership Residential 5 _-_t t7 405 190,614 p (� subtotal 85 Vacant land 340 78,149 CoMmercial Properties 11 1,297,329 -AMultifamily/Condo's 1,015 99 985 — Residential2,941 227,148 6(0-6-1 ,�(�� 4;0- subtotal._.. 4,307 � Total 4,392 r 60,776 ��g6 399,505 103,168 7 199,902 Business Personal Property # of Accts Mean Median Sunriver ownership 6 1,051,872 233,870 Other ownership 78 60,827 20,903 Total 84 Stato Appraised Utility Properties # of Accts Mean Median Sunriver ownership -r--_ - - Other ownership 5 696,198 87,755 Total 5 Total of all Properties Combined # of Accts Mean Median Grand Total 4,484 190,450 162,504 s A Aci* 16), �Nc) Source: Deschutes County Assessor fFroy�o�o � 2-11-02 Leland F. Smith February 6, 2002 P.O. Sox 3539 Sunriver, OR 97707 Deschutes County Commissioners Tom DeWolf, Dennis Luke, Mike Daly 1130 NW Harriman Bend, OR 97701 Dear Tom, Dennis, and Mike: I debated whether to make comments at the public forum in Sunriver today but decided to hold off until the SROA semi-annual meeting on Saturday. However, I would like to express to you three concerns I have about the proposed budget and tax rate for the service district. An SROA Board group has proposed transferring some of SROA's assets to the district at less than fair market value. Specifically, they have proposed that about $101,500 of furniture, fixtures and equipment (FF&E) be sold to the district for $1.00 and that $105,000 of projected revenue be removed from the SROA budget. As you heard at the forum, there is also support for other transfers and/or leases for less than fair market value. These will not change the start-up costs of the district, they will simply transfer part of them to the SROA budget in order to reduce the tax rate that is offered to the voters. I am concerned that hiding the true costs of the district in order to gain voter approval is misleading. If the district is such a good idea, then it should be sold on its own merits and not through some kind of "Enron" accounting system. 2. One of the arguments in support of the district is that property taxes are deductible in calculating our income tax liabilities, while owner assessments are not. If that argument is valid, then shifting part of the burden from the tax levy back to assessments costs us more in the long run. Under that argument, we should be trying to maximize the tax portion of our combined operating costs and minimize the assessment portion. 3. I am concerned about the equity issue. SROA assets were paid for by all the property owners, not just the 25% who will be allowed to vote. Disenfranchising the non-resident owners and then giving away the assets they have paid for is a sure way to create dissention between the resident and non-resident owners and expose our community to lawsuits. So when the voters make their decision, I believe they should vote on the full $3.95 tax rate without factoring in subsidies whose purpose is to hide the true costs. That will also give us a cushion to cover future unexpected expenses. Sincerely, Leland F. Smith Cc: SROA Board of Directors C-�J� (�;- FB-8 z COUNTY OFFICIAL MARY HSUESPENNOLLOW, COUNTYRCLERKS Q 0002'139 COMMISSIONERS' JOURNAL 02/27/2002 04;47:39 PM Sunriver Service District Budget Proposal for Year 2002 — 2003 Summary of Assumptions & Rationale February 11, 2002 I. Summary Statement: Budgeting for the Sunriver SD differs from the Sunriver Owners Association budgeting in a number of general respects. 1) SRSD will be a public or governmental agency as authorized by state statute; SROA is a private, non-profit Oregon Corporation. 2) SRSD has a budget year of July 1 through June 30, while SROA has a budget year from January 1 through December 31. 3) SRSD has primary budget resources from a property tax levy and a permanent tax base maximum; SROA has budget funding primarily from assessments to property owners. 4) SRSD has a permanent tax rate that can be applied to a "tax assessed value" that could normally increase 3% per annum, except for new construction, annexation, etc. SROA's Board of Directors may increase its assessments up to 6% annually without a vote of the owners. 5) The proposed SRSD budget is based on historical experience and costs from SROA's operations, except for a few adjustments required, since the SRSD will be a stand alone operation requiring certain additional requirements. 6) SRSD will acquire the personal property assets represented within the SROA fire and police departments, but SROA will retain the ownership of the real property assets and lease the same to the SRSD, on a net lease basis. These are the current assumptions for real and personal property dispositions. 7) The proposed maximum tax rate is $3.95. Initial year budget proposal indicates that a levy of $ 2.98 would fund the district's first year requirements. A maximum tax rate of $ 3.45 is recommended for consideration in the final order to establish a district. 8) This budget projection is developed with assumptions that the District's FTE will remain constant over the next three years. II. Financial Assumptions & Rationale: A. Resources: 1. Beginning Net Working Capital represents the unspent funds from the prior year operations that may be utilized in the current year. There are no such funds in the first year of a District. Following years will have estimates of such a resource. It could be unspent contingency, revenues in excess of budget or expenditures less than budget, in any given year. 2. Ambulance revenue is estimated based on the prior years of experience from Sunriver operations. 3. Fire/Med revenue is estimated based the prior years of experience from Sunriver operations. Page 2 of 4, SRSD Proposed Budget, Assumptions & Rationale, 2/11/02 4. Grant revenues may be a future source of partial or special funding. 5. Contracted Services include Pathway Rangers and other services later. 6. Tax Revenue — Current Year is the net tax resource necessary to balance the budget requirements with total resources. This is a net figure because approximately 8% of each year's tax levy is offset by either a) discount for early payment, b) delinquent, or unpaid, taxes for the current year levy, and c) adjustments to the tax roll. 7. Tax Revenue — Prior Years is the collection in the current year from delinquencies and foreclosures, etc. from prior tax year levies. There are no such fund sources in the first year of a district. Following years will have estimates of such a resource based on Deschutes County's experience. B. Requirements: The first year budget for operating items for the SRSD were developed by referencing the 2002 budget for SROA, and modifying the numbers with the following assumptions. Hydrant Standby fees were removed from Fire budget and retained by SROA Wage and benefit areas were increased by 7% (based on SROA schedules for 7/1/02) for all three years. Other operating expenses were increased by 3% for year one as well as years two and three. Most of these expenses were direct budget items in the SROA budget. The average annual increase, with blended cost increases, in the budget may be about 6%. With a potential of 3.5% increases in tax revenues, from increased assessed values and new values, the initial tax rate needs room to grow by about 2.5% annually for some period of years to avoid the need for a special levy. Vehicle Maintenance was established by operating estimates from the SROA Public Works Department — vehicle maintenance, fuel and related services. These services have been provided by SROA, but were not allocated directly to the department budgets. Accounting and Administrative service contract amounts, which are explained in paragraph #3 below, have been estimated based on the budgets for those cost centers in SROA. The contract amounts are established based on the percentage of fire and police personnel to the total for SROA as well as by estimating accounting services and management activity related to these departments. A number of new requirements for the district were based on assumptions or the best estimates available at this time — insurance, legal, interest expense, board functions, transfer to a Capital Replacement Reserve and an Operating Contingency. 1. Fire Department Operations: Staffing and expenses are the same as under SROA operations, except for expense allocations, previously unallocated by SROA. Rent, net lease, is based on 5% of $900,000 (original improvement costs for 12,000 (+/-) square foot facility. SROA intends to retain ownership of the real property. Page 3 of 4, SRSD Proposed Budget, Assumptions & Rationale, 2/11/02 Vehicle maintenance is based on past experience with our Public Works — Fleet department, and it includes allocations for mechanics, parts & supplies, utilities, administrative expenses. However, this proposed amount does not include any cost allocation for the facility or replacement of capital equipment items. Furniture, Fixtures & Equipment Purchase includes a list of current capitalized personal property items at net book value. The cost will be one ($1.) dollar paid by the District to SROA 2. Police Department Operations: Staffing and expenses are the same as under SROA operations, except for expense allocations, previously unallocated by SROA. Rent, net lease, is based on 5% of $200,000 (original cost for the 2,000 (+/) square foot facility. SROA intends to retain ownership of the real property. Vehicle Maintenance is based on past experience with our Public Works — Fleet department, and it includes allocations for mechanics, parts & supplies, utilities, administrative expenses. However, this amount does not include any cost allocation for the facility or replacement of capital equipment items. Furniture, Fixtures & Equipment Lease/Purchase includes a list of current capitalized personal property items at net book value. The cost will be one ($1.) dollar paid by the District to SROA 3. General Organization Requirements: Accounting and Administrative service amounts are based on the prorate (40%) of current SROA costs in those two areas, based on percentage of personnel and budget. Interest Expense is an estimate of the cost to borrow working capital for the first four months of each operating year, since tax monies are not received until November each year. Operating Contingency is based on 5% of the total requirements for the year, except that an additional amount was considered for the first year, start up operation. Legal Expense is estimated based on the SROA experience. Insurance (casualty, fire, liability, directors/officers, etc.) is estimated based on the SROA experience and the proportion of assets, operations and employees transferred. Computer Expense are estimated for the additional hardware and software necessary to establish a separate accounting system. Board Functions include costs for meetings, training, conferences, etc. Transfer to Replacement Fund is based on the need to replace the current FF&E that has a replacement value of about $1,500,000. 4. Furniture, Fixtures & Equipment: The basic assumption is that the District will acquire these items for one dollar, rather than net book value, and be responsible for replacement in the future. Page 4 of 4, SRSD Proposed Budget, Assumptions & Rationale, 2/11/02 5. Real Property Leases: The basic assumption is that SROA will retain ownership of real property, and the District will pay SROA rent based on triple net lease. Rents are based on 5% of development costs related to each specific area occupied These rents may be considered to represent an economic opportunity cost to SROA as well as reserves to fund repair or replacement of major elements of these facilities. Notes Submitted By SROA Staff- Gary taffGary Fiebick, General Manager Pete Nielsen, Controller (12202Revised) (SRCSDBudgetAssumptions&Rationale 13002) (SRSD Budget Assumptions&Rationale2702) (SRSD Budget Assumptions&Rationale21102) 5. 69 V> V> V> V> V> " V> V> 69 V> " a o v- o •- O N M 0 0 0 0I'- 7 0 0 h n 01 .'? a O 0 O co O Cl) 0 G C:) O 10 0 0) r 0��'> n L V 000 LQ- y 0 O 01 p0j } O (00N 0)v> (`u 0- E n 0 d C o C W (D V C L c c O _(QO fO O 1. 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C O (O ((O O O N N N O N n rz �C V O 0 V Or C)O(0O 000 a V. <t O �! p M O M 'V a @ 0C�O�0�C0p NCV N7 cp 0) oai h NMh 0 N 0> O N M M v >. T Q O = 0 (u Q f\N C OS o >` v y(0 � : a o M O dO > c V> V> V> v> 69 V>" V> V> i9 (» r'> ,p O t0O O. E 0)v> ca v O r- r- 0 0 0 Oa0o00 M 4> CO O M (OOu> O ^ .O. >, a1O Q C)M0)oo�;} ^ co 0 c v op M o M Ca o y 0� !A a 0 0 (D O ((') (D co coHO Op N E(0(, T yam. 10 C4O(6O-(0p (00 0NO 10 _� - c U N 00 r M O M (+'1 04 (n N U y c a O O C U O C C, ~ a N y H a2i pO 0) w 0) U x O C 0 > .9 c . O C .� O p N Q Y N D N i O1m > = n D a ra 69 V> V> 60 V> V3 b> 69 `A _3 H ai m 'c a`) d Q z Q a 0. w orl- r-Ootn co 000co ornrnOOtn a v0v o6666t6 of rn6c; O M(D OO(D t0 (D O10 0�OO(nM a V 0 * OV ^O�(OD h ('M Ci Vi N t() n N O U) } M ON h - E r - OO w 69 69 Ifs (A 69 69 69 Ifs V -s 69 a OONOO'q- t0 (D C. (0 O(M-M O00 t0 (D O t0 O 00m OON 6 t�O�'i O � N O O N t0 (D 0 t0 O O (D O to (D h r` O N QON M' O f0 V M 0) 0 0 (D gM0 (D oto L N M 00 (f) Cl) a } M ltl M t0 � 0 O a i a' 69 69 69 6o wi 69 6q Efs b9 69 1fl 69 69 " M (0 T c d February 11, 2002 (Revised & Updated) RE: Sunriver Service District for Fire & Police Forecasts of Operating Costs, new Tax Assessment and new SROA Assessment. I. Estimate of First Year Requirements for District: (Based on 2002/03 Forecast) FIRE POLICE Department Budgets: $1,027,700 Fire Department — District Budget (w/o Hydrant Standby) $ 756,329 Police Department — District Budget $ 64,686 Pathway Rangers — District Budget (SROA contract) $1,027,700 $ 821,015 Sub -Totals Department Operating Budgets $ 100,000 $ 50,000 Reserve Contributions for FF&E Services Currently in Other Cost Centers: (N/C) 53,000 50,000 Vehicle Services — Operating Cost Est. (Public Works) 64,488 64,488 Administrative Cost (40% allocation of cc #11) Est. 38,843 38,843 Accounting Cost (40% allocation of cc #91) Est. Rent Estimates: (N/C) 45,000 Fire Department Rent — Facility (reduced) 10,000 Police Department Rent — Facility (reduced) $ 301,331 $ 213,331 Sub -Totals of Currently Unallocated Expenses $1,329,031 $1,034,346 Sub -Totals Department Allocated $2,363,377 Combined Total Department Direct & Allocated Plus: District General Expenses: $ 20,000 Legal 40,000 Insurance (Casualty, Fire, Vehicle, Liability) 10,000 Computer System 28,010 Interest Expense (TAN's, etc.) 5,000 Board Functions 130,322 Operating Contingency $ 233,332 Total District General Expenses $2,596,709 Requirements to Fund for 02/03 LESS OPERATING REVENUES: $100,000 Ambulance Revenue 11,500 Fire/Med Program 64,686 Pathway Ranger Contract Income 176,186) Sub -total Operating Revenues Transferred $2,420,523 PROPERTY TAXES To Balance Requirements $2,631,003 Tax Levy ($2,420,523 /.92) Required (to allow for Tax Discounts & Delinquent Taxes) Estimated TAV for 02/03 = $883,866,413 (up 3.5%) or ($2.97669/k) and $2.98 Rounded Page 2 of 5, SR District/SROA Budget Changes, 2/11/02 II. ASSESSED VALUES FOR SUNRIVER: 2001-2002 $1,232,108,802 TOTAL "True Cash Value" FOR ALL OF SUNRIVER Estimate by Property Type: (2001/02 Numbers) $ 15,508,845 RESORT (1.2587 % X SROA Exp. X.8) $ 5,128,400 Golf (0.4162 % X CC 22,28 Exp. X.5) $ 19,193,500 COMMERCIAL (1.5577 % X SROA Exp. X.5) $1,192,278,057 RESIDENTIAL True cash value formulas are utilized for calculating the SROA assessments for Resort, Golf and Commercial properties, by The Consolidated Plan of Sunriver. NOTES FROM 12/27/01 MEETING WITH MARTY WYNNE Deschutes Coun $ 853,977,211 Final "Tax Assessed Values" calculation for 2001-02 Tax Year $ 13,589,660 Resort $ 5,128,400 Golf $ 15,347,701 Commercial $819,911,450 Residential If it increases 3% annually over the next 6 years then these estimates: $ 879,596,527 2002 905,984,523 2003 933,163,955 2004 961,158,875 2005 989,993,641 2006 1,019,693,450 2007 If it increases 3.5% annually over the next 6 years then these estimates: $ 883,866,413 2002 914,801,738 2003 946,819,799 2004 979,958,492 2005 1,014,257,039 2006 1,049,756,035 2007 Page 3 of 5, SR District/SROA Budget Changes, 2/11/02 III. SROA Budget Impacts• (Based on 2002 BudLyet $ 5,166,461 Operating Expenses (2002 Budget) 320,544 Reserve Contributions 32.599 Unreserved Capital Acquisitions (UCA) $ 5,519,604 Total SROA Budget (2002) Expense Adjustments: Reductions: ($1,675,573) Fire & Police Dept. Budgets 2002 ( 150,000) Reserve Contribution Reductions ( 5,000) Legal Expenses ( 24,000) Insurance (Casualty, Property, Vehicle, Liability) ( 85,365) Operating Contingency (4% of assessments) Additions: None estimated at this time. ($1,939,938) Sub -Total of Expense Adjustments $ 3,579,666 Revised SROA Operating Expense Budget (65.8 %) (after District separated) IV. SROA Annual Assessment —Recalculations: $ 3,579,666 Revised SROA Operating Budget LESS REVENUES: ($1,529,135) Other Revenue Sources (continuing, non -assessment) (w/Operating Interest Income adjusted for '03) ( 45,000) New Revenue — District Facility Rent (fire) ( 10,000) New Revenue — District Facility Rent (police) ( 309,662) New Revenue — District Contract Services ( 27,921) Commercial Assessment: (Exp. X 1.56% X.5) ( 36,093) Resort Assessment: (Exp. X 1.26% X.8) ( 1,751) Golf = Road Maint. X 0.42% X.5) ($1,959,552) Sub -Total of Non -Residential Revenues $ 1,620,114 Residential Assessment to balance Income & Expenses $ 392.85 Annual Assessment based on 4,124 residential units. 32.74 Monthly Assessment — Revised Estimate $ 34.00 Monthly Assessment Recommended for end of 2002. This estimated revision of the SROA monthly Maintenance Fee is a forecast and may vary by a dollar per month in either direction when a final budget is set, after a knowing the District is created by the ballot measure. Page 4 of 5, SR District/SROA Budget Changes, 2/11/02 V. Assessment Changes by Property Type: (Based on Tax Assessed Values) A. Commercial Properties: (aggregate) $ 27,921 Revised SROA Assessment (by formula) 45,736 Public Safety District Tax Assessment ($2.98 per thousand) $ 73,657 Combined Total of New Assessments ( 42 610) Current Assessment Total $ 31,047 Increase in Combined Annual Tax & Assessment (72.9%) B. Resort Properties: (aggregate) $ 36,083 Revised SROA Assessment (by 2 formulas) 55,780 Public Safety District Tax Assessment ($2.98 per thousand) $ 91,863 Combined Total of New Assessments ($56,690) Current Assessment Total $ 35,173 Increase in Combined Annual Tax & Assessment (62.0%) C. Residential Properties: (Examples are based on current year Tax Assessed Values and without tax benefit. 1. $200,000 Assessed Value Residential Property (Home or Lot) $ 408 Revised SROA Assessment ($34/month for balance of 2002) 596 Public Safety District Tax Assessment ($2.98 per thousand) $ 1,004 Combined Total of New Assessments ($ 863) Current Assessment Total $ 141 Increase in Combined Annual Tax and Assessment (16.3 Monthly Increase of $ 11.75 2. $300,000 Assessed Value Residential Property (Home or Lot) $ 408 Revised SROA Assessment ($34/month for balance of 2002) 894 Public Safety District Tax Assessment ($2.98 per thousand) $1,302 Combined Total of New Assessments (S-363) Current Assessment Total $ 439 Increase in Combined Annual Tax and Assessment (50.9%). Monthly Increase of $ 36.58. 3.$500,000 Assessed Value Residential Property (Home or Lot) $ 408 Revised SROA Assessment ($34/month for balance of 2002) 1,490 Public Safety District Tax Assessment ($2.98 per thousand) $1,898 Combined Total of New Assessments (5—L63) Current Assessment Total $ 1,035 Increase in Combined Annual Tax and Assessment (119.9%). Monthly Increase of $ 86.25 The breakeven point is $ 152,685 of tax assessed value for a residential property. (Current rate $863 less new rate of $408, then divide the result = $455 by 2.98 to find the value.) Page 5 of 5, SR District/SROA Budget Changes, 2/11/02 Based on tax roll records (not current market values) for Sunriver as provided by Deschutes County, the following information is related to residential properties. 4,124 Total Residential Properties $198,814 Mean Value (Average) of total Tax Assessed Values. $ 289,107 Mean Value (Average) of total True Cash Values. $ 152,685 Breakeven Value for higher or lower cost, based on new tax rate ($2.98/k, plus new SROA assessment ($34). Example with Mean Value Property of $ 198,814 $ 408 Revised SROA Assessment (annualized) 593 Public Safety District Tax Assessment ($2.98 per thousand) $1,001 Combined Total of New Assessments 863 Current Assessment Total ($ 138) Increase in Combined Annual Tax and Assessment (16.0 %) Monthly increase of $11.50 (1 /22/02Adj ustments) (1/30/02 Revised, GAF) (2/7/02 Revised, GAF) Public SafetyDist-CostsRev2702 T O w G O d �O a U N E V v m N �N d 7 O tL N L CL r lu a O O a) m 7 O U C a) a n v 3 V j c V O N x U T j N 3 c it f' x U C O C@ C O O y U E rn rnCL m EQ m o E mo mCLn.<It O O MOO Or to O O O 0 0 to 0 0 C) M (`V') O m N ((p an0 O r (gyp r M N m aD N� N V" CV cti V> 613 V! V> W V) " V> V3 `9 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O O O O O Lo V O ON r O VO' CN O M M co O M M if O ((O N N N O Q) r- N ON) N N' N N 613 613 V) to V) V> 69 V) to " 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O O O O N O O O N 7 0 0 O R(, Oto C� )ry AOh C) MNO r(Vp �N pO)(N N�f V r. 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