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2002-1373-Minutes for Meeting December 04,2002 Recorded 12/12/2002DESC COUNTY OFFICIAL MARYHSUESPENHOLLOW, COUNTYCLERKQ2002•1313 COMMISSIONERS' JOURNAL 12/12/2002 08;29;48 AM 1111111[ill III IIIIIIIIIIIIIIII 2137 1 Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschtites.org MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 49 2002 Present were Commissioners Tom De Wolf, Dennis R. Luke, and Michael M. Daly; County Administrator Mike Maier; Rick Isham, Legal Counsel; Timm Schimke, Solid Waste Department; Tammy Credicott, Property Management; Mike Dugan, District Attorney; Susan Ross, Anna Johnson and David Givans, Commissioners' Office; and media representative Barney Lerten of bend.com. Commissioner De Wolf opened the meeting at 1: 30 p.m. 1. Discussion of Solid Waste Issues. Commissioner Daly said representatives of Idaho Waste Systems, Inc. have spoken with Timm Schimke about their company's proposal to move solid waste tonnage to their facility in Idaho. They obtained tonnage information from Timm and put together a brief proposal. Commissioner Daly said he told representatives of the company that they would have an opportunity to make a presentation to the Board. He added that he has lots of questions about this possible change and wants the Board to look at it more closely; especially since a new County transfer station is being considered. He thinks it should be located near rail service. He also said that perhaps the long- term solid waste plan should be changed. He also stated that if the proposal was voted on today, he would vote against it; but he would like further information, and perhaps the Board should hear from this company, and reconsider some of its plans. Minutes of Administrative Liaison Monday, December 2, 2002 Page 1 of 7 Pages Commissioner Luke asked about the other providers of this type of service, such as Waste Management, Inc. Commissioner Daly indicated that it would probably mean an RFP would have to go out. Commissioner Luke explained that a plan was in place before any of the current Commissioners went into office, and the City of Bend was involved. A new site had been looked at, and also considered were an incinerator, hauling, and expansion. The disposal fee proposed by this company is higher than the current fee, not including recycling. Commissioner DeWolf stated that the Solid Waste Advisory Committee was formed in the early 1990's, and since then six studies were done, at a total cost of about $1 million. This debt is still being paid off. It was a frustrating situation, as each new Board of Commissioners had new ideas and wanted another study done. He said that he, Commissioner Luke and then -Commissioner Linda Swearingen committed to a plan being done within two years. This was accomplished and the long-range plan was adopted. He added that if Commissioner Daly could persuade Commissioner Luke to agree, this could be opened up again. He said there's another 28 or 29 years available at Knott Landfill, and commitments and contracts already go a long way down that road. Commissioner DeWolf added that in his opinion this proposal is financially the wrong thing to do; the quoted fees are as much as the current disposal fees and recycling. This would have to be opened up to all other contractors of this type, involving another costly RFP process. Commissioner Luke said that Timm Schimke has done an excellent job, and has developed a good rapport with the landfill neighbors. This particular option was looked at with Matt Day and Hap Taylor, but it didn't pencil. He added that it would involve moving hazardous waste. In addition, if the company provides service for five years and then won't do it, or the cost changes dramatically, the County will have a big problem trying to reactive a landfill. Commissioner Daly said he doesn't totally disagree, but would like to give them to opportunity to explain their ideas to the Board. Once a transfer station is in place, other counties will join. The studies of the past don't matter if the transfer station is not included. Minutes of Administrative Liaison Monday, December 2, 2002 Page 2 of 7 Pages Commissioner DeWolf stated that the program does what the County has committed to do, and sticks with the long-term vision. Commissioner Luke said that hauling is not a new idea. Years ago they looked at a joint landfill project with Crook and Klamath Counties, and analyzed hauling Klamath County's waste to Deschutes County. Commissioner DeWolf added that they also looked at hauling to Arlington, but the numbers were outrageous. Commissioner Daly stated that he promised them a hearing, and that the Board should be more open minded. Commissioner DeWolf said he wants to be very clear, that it is important not to make promises for the other Commissioners. Not everyone or every company with an idea should meet with the Commissioners. He said that they met with Timm Schimke, which was the correct thing to do. He added that he is not closed -minded, and went through this process for many years. It is not fair to bring in just one company, and it is not fair to that company's representatives to waste their time in this way. Timm Schimke said that he is pleased they quoted realistic numbers; he expected low -ball figures. He stressed that it is hard to get back in to the solid waste business once you've made this kind of change; the company would have you where they want you then. It's not just an economic situation; it is also a policy decision. Fees are also being set aside for future closure costs. There are other issues, such as the annual Fire Free program and recycling programs. Commissioner Luke stated that Portland had a problem with transporting waste; in that instance, a decision was made to pay the company more rather than have them go out of business. After further discussion, a decision was made to not pursue this issue any further, with Commissioners DeWolf and Luke voting "aye", and Commissioner Daly voting against the decision to drop the issue. 2. Update of public parking on County -owned properties. Tammy Credicott stated that the problem involved vehicles parking on County property near the landfill. Signs have been placed there to prohibit this practice, as it is unsightly and could be dangerous to passing traffic. Deputies can cite these vehicles now. Minutes of Administrative Liaison Monday, December 2, 2002 Page 3 of 7 Pages She said in respect to completely closing County properties, the Board is usually hesitant to do so, as citizens use County property for hunting and other activities. There is an ordinance in the Code leaving County property open to the public unless there are instances of dumping or other violations. 3. Update regarding County projects. Susan Ross gave an overview of the progress of space planning for the new building. (See attached Exhibit A.) Risk Management will be moving to the Archive building, and Legal Counsel's space was expanded. The space planner is about done with the final draft. A discussion of the relighting options took place. Commissioner Luke said he is okay with the option of windows over the doors. The other Commissioners indicated consensus with this idea. Mike Maier explained that even with the options of relighting and security, the cost is still less than originally anticipated. The Midstate property agreement has been finalized. Susan Ross and Barney Lerten left the meeting at this point. Mike Dugan joined the meeting. 4. Discussion of Justice Court and early disposition programs. Mike Maier said the issue is the expansion of the responsibility of the Justice Court, but there are no funds available. As a result of the Circuit Court's decision to make cuts beginning March 1, 2003, approximately 4,000 prisoners are to be released, and juvenile justice funding is being cut; and there will be no small claims or traffic court. (He referred to a memo from Mike Dugan; the memo is attached as Exhibit B) District Attorney Mike Dugan is proposing offenders be cited directly to the Justice Court, and an early disposition program would be designed and implemented for the Justice Court. A private contract attorney would be hired to review early disposition program offers. Minutes of Administrative Liaison Monday, December 2, 2002 Page 4 of 7 Pages Mr. Dugan said that the contract attorney would be paid by the State. In October alone his office handled 100 cases of early disposition, as 85% plead guilty. This saves about $225 per case. If the Justice Court can do this, it would be necessary to contract with public defender types, with the County paying the cost. Mike Maier asked if this issue would affect the City of Bend's courts. Mike Dugan said he has spoken with Jim Forbes of the City about this. The Justice Court can impose fines. He doesn't want to buy into jury trials and a public defender for quality of life problems. There needs to be a stopgap measure to continue to process these crimes. Commissioner DeWolf said that once the state sees the County covering this cost, he is concerned that they will eliminate their funding in the future. Commissioner Luke stated that he feels this action is premature, as the Legislature has promised to take this action but might reconsider. Mike Maier said that rumor has it that juveniles may have to be transported to court downtown. This would involve staff travel time, and the additional costs of security and transportation. The juvenile courtroom needs to be used, and the judge kept there to handle those cases. Mike Dugan left the meeting at this time. 5. Discussion of real estate issues. Mike Maier said that he explained to Commissioner Daly that the County has an agreement with a real estate agent of record, through an RFP process conducted several years ago. Commissioner Daly stated that he had asked Tammy Credicott to show how much commissions have been paid to Steve Scott over the past few years, and this amount will total about $700,000, upon closing a few more properties. He suggested that someone be hired at an hourly rate instead for consulting purposes. He said that in his opinion bare land is not hard to sell, and shouldn't involve hiring a broker to do so. Existing staff should be able to handle that. Minutes of Administrative Liaison Monday, December 2, 2002 Page 5 of 7 Pages Rick Isham explained that the contract allows for a consulting fee, but there is a transaction fee for the purchase and sale of properties. Commissioner Luke said that when the County lists a property, it is with the Board's decision to do so. Attempts are made to sell properties in house first. Tammy Credicott added that many properties have been on the market through the County for a year or more; and that most of the desirable properties sell right away. The properties that end up being listed are those that are difficult to sell for a variety of reasons, such as zoning issues. Commissioner Daly stated that he hasn't seen advertisements for properties for sale by the County in the local ewspapers; Ms. Credicott explained that nothing has been available to sell for some time. Commissioner DeWolf explained that he is concerned about one of the Commissioners going to a staff person, in this instance to Ms. Credicott, to do a big project without the other Commissioners or Mike Maier approving it first. In this instance, the research that Ms. Credicott did took about seven hours of her time. It was decided that in the future, projects of this type that could be time- consuming would be discussed with Mike Maier first. 6. Other Items A. Upcoming NACo retreat. Commissioner DeWolf said that he is attending a NACo meeting in January, as a member of the NACo Justice and Public Safety Steering Committee. He would like to present the idea of the Committee's next retreat being held at Sunriver. If this happens, the hosting County would be responsible for coordinating two receptions. The Commissioners indicated support for this idea. B. Discussion of Purchase of Elliott property. Commissioner Daly stated that he gave a lot of thought to the possibility of the County purchasing the Elliott property, located near the Sheriffs facility, and has decided that he could not justify considering it as a part of the overall bond project at this time. Minutes of Administrative Liaison Monday, December 2, 2002 Page 6 of 7 Pages C. Discussion of Ballot Measure 28 Anna Johnson said that public information officers throughout the state have been meeting regarding the impacts of Ballot Measure 28, and are giving thought to public meetings regarding the Measure. Commissioner Luke said it's unknown as to how the Legislature will prioritize programs. The Board said that if such a public meeting is set up, it should include the cities and the school districts, since the issue impacts all of them. Being no more items brought before the group, the meeting adjourned at 2: 40 p. m. DATED this 2nd Day of December 2002 for the Deschutes County Board of Commissioners. Tom DeWolf, Chair -- /7 De is R. Luke, issioner ATTEST: is ae M. Day, ommissioner Recording Secretary Minutes of Administrative Liaison Monday, December 2, 2002 Page 7 of 7 Pages 1 I a• r lAk I F I F I i t I }T_J 1Qr� I I I 1 r I 1 1 I b I +08 G ? I I L--- > ' I K --------- --� 1 1 h--- 1 1 wsstasrt>•rr I I I. 4 I I 1 1- J � 1 . 1 1 I N I ° Ldp J I 1 I Irl A Li _J IL__J i �t blei =.i I I I n C� r1 rn r\ V V V V v v v ISO -W IL! I , b 1 1 1 I J I � I I � I I 1 1 I I I 1 I I b 1 I I k I I I 1 1 I I I I I � I i I 1 I � I I I I I' I :I I I :I ;1 I I t"1 V I 1 I *I b I IO I I `13 r � b I I I b 1 L I 1 � I I I 1 L � J r I 1 L L - - - -- JL -- -- J L - - - - - - J V V V V v v v DATE: November 21, 2002 TO: Mike Maier FROM: Michael T. Dugan ��p/• District Attorney RE: Justice Court and Early Disposition Programs District Attorney Michael T. Dugan Bend, Oregon 97701/(541) 388-6520 1 st Floor (541) 330-4691 Felony (541) 388-6615 Misdemeanor (541) 330-4698 Juvenile (541) 383-0901 The projections from the Circuit Court predict that they will make cuts beginning March 1, 2003. These cuts will, among other things, cause the court to quit processing non- person misdemeanor crimes. Such an action will have a dramatic effect on the backlog and buildup of processing and closing cases. It is my intention to continue to file non -person misdemeanor charges. These include theft cases, car clouts, negotiating bad checks, shoplifting and other property crimes. It would be irresponsible to allow such criminal behaviour to go uncharged. To announce to the public that offenders would not be held accountable and that victims would not be protected would be a disservice to our community. I am interested in proposing to the Board of Commissioners and our local law enforcement agencies, the use of the County Justice Court for processing property offenses. In a nutshell, I would propose the following: Offenders could be cited directly to the Justice Court. An early disposition program could be designed and implemented for the Justice Court. A deputy district attorney would appear at the Justice Court Arraignments and an early disposition offer would be extended. A private contract attorney would be engaged to review the EDP offers (as is done in the Circuit Court EDP). An accountability program for the offenders, restitution for the victims, and court fines and fees would be established. For any offender who declined to accept the EDP offer, those cases could be transferred to the State Court and processed after July 1, 2003. I realize that this represents a substantial change in the direction that was envisioned for the Justice Court. Additional discussion and planning needs to be done. However, this is a method to hold offenders accountable, provide a degree of restoration to the victim, and provide some protection to the community. Please put this item on our agenda for discussion at our next monthly meeting.