2007-1378-Minutes for Meeting June 20,2007 Recorded 7/23/2007COUNTY
NANCYUBLANKENSHIP,P000NTY CLERKDS U 2001.1318
COMMISSIONERS' JOURNAL
0112312441 49;29;13 AM
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JUNE 209 2007
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; and, for part of the
meeting, Anna Johnson, Communications; Teresa Rozic, Property Management;
Tom Anderson and Catherine Morrow, Community Development Department; Tom
Blust, Road Department; Marty Wynne, Finance; Laurie Craghead, Legal
Counsel; Timm Schimke, Solid Waste Department; Teri Maerki, Finance; David
Givans, Internal Auditor; media representative Jeff Mullins of KBND Radio; and
several other citizens.
The meeting began at 1: 30 p. m.
1. Housing Works Annual Update.
Laura Cooper and Cyndy Cook came before the Board. Ms. Cook said focusing
on the continuum from homelessness to home ownership. They are doing an
extensive gap analysis to see what services are available and what gaps exist, in
addition to statistics of who is served. Emergency shelter and transportation are
big issues. Horizon House provides transitional housing now. They oversee
supportive housing - there are several sites now and some are planned.
Numerous locations provide rental assistance and tax credits; others are in the
works.
Laura Cooper explained that their ultimate goal is to get people into homes of
their own. The result of this is more stability in their lives and it frees up
resources for others. A variety of plans could be used to help the buyers, who
would be educated in their rights and obligations as homeowners. Developers
are working with the group. (She provided an overview of the plan and the
progress being made.)
Minutes of Administrative Work Session Wednesday, June 20, 2007
Page 1 of 6 Pages
Commissioner Baney asked if they are duplicating the services of Habitat for
Humanity. Ms. Cook stated that they serve a small segment of the population;
Housing Works has a diverse number of programs and funding sources.
2. Discussion of Proposed Fee Schedule.
Dave Kanner said that Commissioner Baney had questions about the
Community Development fee schedule. Commissioner Baney stated they are
concerned but recognizes the County needs to attract and retain employees.
Bill Robie of the Central Oregon Association of Realtors said that they
understand the reasons for the increase.
Tom Anderson gave an overview of other items in the schedule. There is a
proposal to set up a deposit for Hearings Officer services. Commissioner Luke
asked if they use an escrow-type account for this reason. None is used at this
time. Catherine Morrow added that the solar fees could be discussed further at
a future date.
Regarding Property Management, Teresa Rozic stated that other counties are all
over the board when it comes to fees; it is assumed that they assess the actual
costs involved. Some counties have indicated that the fees are negotiated and
are evaluated on case-by-case basis. Commissioner Baney wanted to be able to
compare fees, but would like to see at least the actual cost of services covered,
including what results from a time study.
Commissioner Luke said that it will be difficult to charge an hourly rate, as an
unexpected detail could run the time up. Teresa Rozic stated that a schedule
that can be shared with the public might be the best solution so that they will
understand not everything can be free. Dave Kanner said that it is hard to
average, and someone ends up subsidizing in any case.
In regard to the Solid Waste fees, Commissioner Baney stated that some of the
citizens on the Budget Committee didn't support a raise in fees. She is also
concerned that all of the $5 surcharge would go to the Road Department.
Commissioner Luke indicated the same concern, but recognized that there are
budget shortfalls within the Road Department that will be hard to address.
Timm Schimke said that even the Baileys (of a local garbage hauling company)
have indicated that the fees are less here than in other places. There would
probably no problem with a fee spread out and paid by everyone.
Minutes of Administrative Work Session Wednesday, June 20, 2007
Page 2 of 6 Pages
Commissioner Luke asked about yard debris collection; Mr. Schimke stated that
curbside collection is by subscription only at this time within the City of
Redmond; it is now being offered within the City of Bend for an additional fee.
Commissioners Luke and Daly would like any funds for the Road Department
to be held for preservation, not general operations. Commissioner Baney
expressed concern regarding using the funds from one department to subsidize
the needs of another.
Tom Blust said that Crook County is allocating a large portion of their solid
waste fees to their Road Department.
Commissioner Luke stated that he would like to put the entire amount in the
Deschutes Junction project, for which the County is contractually obligated to
ODOT. Dave Kanner said that he feels most should go into preservation, since
that is where the funding has been cut. He also thinks it should be treated as
one-time funding.
Commissioner Daly explained that even though the County will get some
timber receipt dollars in the future, this source of funding is winding down and
another resource is needed to keep the Road Department operating. With the
one-year extension of the Federal Forest money, the County will get about three
million dollars. With about one million coming from the tipping fee increase,
the County should be able to move $1 million to the Deschutes Junction project.
The cost to individual homeowners for the tipping fee increase will be minimal.
He feels all of it should go into the Road Department, as the Solid Waste
Department doesn't need the dollars at this point.
Commissioner Baney said that she doesn't like to "nickel and dime" and would
like to perhaps see a $10 increase instead of $5, with the additional $5 going
towards Solid Waste reserves. A general discussion occurred; it was concluded
that the Solid Waste Department is not in crisis mode at this time, but the Road
Department is. A portion of the funds will be put into the Deschutes Junction
interchange project.
The Commissioners directed Marty Wynne to prepare the budget documents as
needed.
Minutes of Administrative Work Session Wednesday, June 20, 2007
Page 3 of 6 Pages
3. Review of General Fund Projections.
Marty Wynne presented a comparison of sustainability issues in the general
fund. Annual revenues and expenditures are very close and balanced. Another
issue is spending one-time revenues on ongoing expenses; it is safer to consider
the increased revenue one-time so you don't rely on it in the future.
In the Parole and Probation Department, funding is considered one-time; if it is
calculated otherwise, it puts the numbers out of balance.
Mr. Kanner would like to see the transfers to the Fair & Expo Center reduced
over time; the opening of the RV park will provide the ability to collect a fee
from State Parks.
He also suggested making the Board an indirect fee entity. Mr. Wynne stated
that the general fund groups seem a little light on their projections. The big
departments are already spending down reserves; a 3% increase isn't enough.
Commissioner Baney expressed concern about the general fund transfers into
other departments; the departments seem to expect that amount to go up each
year. Mr. Wynne stated that some is based on revenue coming into the County;
if, for instance, property tax revenue decreases, the transfers will be less.
Mr. Kanner said that the projection amount is an issue that the Commissioners
will have to address. Commissioner Daly is concerned that not enough of the
1145 dollars is going to Parole and Probation; that the split with the Sheriff's
Office some years ago has not be equitable to Parole and Probation.
4. Discussion of Items from Budget Committee.
The Work Center bid came in above budget. There is also a decrease at
Community Development due to a grant that was not received.
Teri Maerki gave an overview of proposed changes to the proposed budget that
was approved by the Budget Committee.
Commissioner Baney said that she does not want to fund the Juvenile Crime
Prevention program through Ready Set Go. Commissioner Luke stated he is
concerned as well. Ready Set Go is not pushing to include this program.
minutes or Administrative Work Session Wednesday, June 20, 2007
Page 4 of 6 Pages
Mr. Kanner noted that the legislature has talked about additional funding for
health and mental health programs, but this may not be known for a month or
longer. The Health Department has indicated there are a few items that he
wants to fund no matter what, and wants to take funding out of contingency if
necessary. A lengthy discussion occurred. Mental Health would not have to
lay off employees, but Health would have to cut staffing.
Mr. Kanner provided an overview of what other counties are doing to address
the use of Title II and Title III funding. (A copy is attached.) Commissioner
Baney said she would go up to a 70/30 split. Commissioner Luke indicated an
80/20 split is appropriate.
In regard to Title II money, Mr. Kanner stated that the County never sees this
money. It goes to the Treasury.
5. Destination Resort Code Change Work Session.
This item will be addressed at a future date, probably June 27.
6. Economic Development Grant Requests.
None were offered.
7. Update of Commissioners' Schedules; Meeting Details.
None were offered.
8. Other Items
• Executive Session, called under ORS 192.660(2)(a), Employment of a
Public Officer or Employee
This item will be addressed at the Monday, June 25 work session.
Board Action, pursuant to County Administrator Annual Performance
Review
This item will be addressed at the Monday, June 25 work session.
Minutes of Administrative Work Session Wednesday, June 20, 2007
Page 5 of 6 Pages
Being no further items to come before the Board, Commissioner Luke
adjourned the meeting at 4:45 p.m.
DATED this 20th Day of June 2007 for the Deschutes County Board of
Commissioners.
ATTEST:
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Recording Secretary
& I ~ ~ /J a Z'w
ichae a y, hair
Dennis R. Luke, Vice Chair
Tammy Baney, Co issioner
Minutes of Administrative Work Session
Page 6 of 6 Pages
Wednesday, June 20, 2007
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, JUNE 209 2007
1. Housing Works Annual Update - Cyndy Cook
2. Discussion of Proposed Fee Schedule - Community Development, Property
Management, Solid Waste
3. Review of General Fund Projections -Marty Wynne
4. Discussion of Items from Budget Committee
5. Destination Resort Code Change Work Session - Terri Payne
6. Economic Development Grant Requests
7. Update of Commissioners' Schedules; Meeting Details
8. Other Items
9. Executive Session, called under ORS 192.660(2)(a), Employment of a Public
Officer or Employee
IO.Board Action, pursuant to County Administrator Annual Performance Review
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations;
ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
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FY0708v0809
Statement of Financial Operating Data
FY 2007-08
FY 2008-09
$
%
Approved
Projected
Variance
Var.
RESOURCES:
Beg. Net Working Capital
5,920,000
5,862,822
(57,178)
-1%
Revenues
Property Taxes
18,550,000
19,650,000
1,100,000
6%
Gen. Rev. - excl. Taxes
2,528,574
2,440,158
(88,416)
-3%
Assessor
1,077,170
1,088,565
11,395
1%
County Clerk
2,280,100
2,283,360
3,260
0%
BOPTA
17,464
17,464
-
0%
Board of County Comm.
100
100
-
0%
District Attorney
273,400
278,400
5,000
2%
Finance/Tax
249,845
249,845
-
0%
Veterans
72,000
72,000
-
0%
Property Management
85,000
91,000
6,000
7%
Grant Projects
2,000
2,000
-
0%
Total Revenues
25,135,653
26,172,892
1,037,239
4%
TOTAL RESOURCES
31,055,653
32,035,714
980,061
3%
REQUIREMENTS:
Expenditures
Assessor
3,770,112
3,946,171
176,059
5%
County Clerk
1,615,056
1,602,455
(12,601)
-1%
BOPTA
66,016
62,193
(3,823)
-6%
BOCC
776,979
756,966
(20,013)
-3%
District Attorney
4,586,859
4,921,405
334,546
7%
Finance/Tax
849,249
874,249
25,000
3%
Veterans
265,481
274,608
9,127
3%
Property Management
243,970
261,531
17,561
7%
Grant Projects
96,960
104,824
7,864
8%
Non-Departmental
1,303,612
1,242,912
(60,700)
-5%
Contingency
5,192,855
5,604,946
412,091
8%
18,767,149
19,652,260
885,111
5%
TOTAL REQUIREMENTS
31,055,653
32,035,714
980,061
3%
NET (Resources - Requirements)
-
-
c
DESCHUTES COUNTY
General Fund
FY 2007-08 FY 2008-09
Proposed Projected $ %
Transfers Out Transfers Out [Difference Difference
Juvenile Justice
5,933,223
6,271,417
338,194
5.7%
CC & F
349,200
369,104
19,904
5.7%
Miscellaneous
100,000
-
(100,000)
-100.0%
Health
2,547,485
2,692,692
145,207
5.7%
Mental Health
1,462,516
1,545,879
83,363
5.7%
Government Ctr.
43,970
-
(43,970)
-100.0%
Building Services
210,000
245,000 *
35,000
16.7%
HealthyStart
74,777
79,039
4,262
5.7%
Dog Control
160,000
167,200
7,200
4.5%
Parole & Probation
343,000
-
(343,000)
-100.0%
Victims' Assistance
120,445
127,311
6,866
5.7%
Info Technology
60,342
64,666
4,324
7.2%
CDD
75,000
-
(75,000)
-100.0%
Fair/Expo
270,000
300,000
30,000
11.1%
Justice Court
521,146
521,146
-
0.0%
Health - Other
6,000
-
(6,000)
-100.0%
Mental Health - Other
10,000
-
(10,000)
-100.0%
CC & F - Other
1,400
-
(1,400)
-100.0%
12,288,504
12,383,454
94,950
0.8%
* Revised
County
Title II
Title III
Polk
15%
85%
Yamhill
0%
100%
Washington
100%
0%
Benton
10%
90% 07-108 split to be decided at June 26 Board meeting
Hood River
60%
40% 06-'07 split; haven't decided on FY '08
Jackson
0%
100%
Lane
49%
51% 06-'07 split. Board to meet next week to consider
changing to 35-65 or 0-100 split
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Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
STAFF MEMO
To: Deschutes County Board of County Commissioners
From: Terri Hansen Payne, Associate Planner
Date: June 20, 2007
Subject: Text Amendment TA-04-4 Deliberation
1. TA 04-4 Decision
TA-04-4 is an applicant initiated amendment to County destination resort code. At a May 7 work session
the Board of County Commissioners (Board) discussed the issue of allowing phasing of the required 150
overnight lodging units. Since that time, the issue of phasing has been addressed by the State Land Use
Board of Appeals (LUBA).
II. ISSUE 6
PROPOSAL: Allow phasing of the required 150 overnight lodging units over a maximum of 14 years
On 5-14-07, LUBA remanded the County's decision on the Thornburgh destination resort. In Gould's
Third Assignment of Error, LUBA determined that the County can not allow a resort to bond the entire
150 units of overnight lodging. Instead, the first 50 overnight units must be built before any individual lots
or units can be sold.
"DCC 18.113.060(A)(5), which allows all of the required 150 units of overnight lodging to
be `physically provided or financially assured' is inconsistent with the requirement in ORS
197.445(4)(b)(B) that the first 50 of those 150 units `must be constructed prior to the
closure of sale of individual lots or units,' (LUBA No. 2006-100 pg 23)
It should be noted that the attorneys representing TA-04-4 disagree with the LUBA interpretation and that
both Gould and Thornburgh have appealed the LUBA decision to the Court of Appeals. However, until
there is further legal clarification the County must follow the LUBA decision. Staff has prepared draft
language that addresses the LUBA decision, the applicant's request and the concerns expressed by the
Board over phasing. The proposed language is open for further discussion and does the following:
1. Requires all resorts to build the first 50 overnight lodging units before any lot sales (LUBA)
2. Allows resorts to phase the next 100 units as per statute or (applicant request)
3. Allows the resorts to bond the next 100 units if (Board concerns)
a. All 100 remaining overnight units are built within 2 years of the initial lot sales
b. The 2:1 ratio is maintained at all times
Attachments
1. DCC 18.113.060(A): Current language for overnight lodging
2. DCC 18.113.060(A): Staff draft language for overnight lodging
Quality Services Perfortned with Pride
t E
Attachment 1: Current Deschutes County Code
18.113.060. Standards for destination resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and include as part of the CMP the
following minimum requirements:
1. At least 150 separate rentable units for visitor-oriented lodging.
2. Visitor-oriented eating establishments for at least 100 persons and meeting rooms which
provide eating for at least 100 persons.
3. The aggregate cost of developing the overnight lodging facilities and the eating
establishments and meeting rooms required in DCC 18.113.060(A)(1) and (2) shall be at
least $2,000,000 (in 1984 dollars).
4. At least $2,000,000 (in 1984 dollars) shall be spent on developed recreational facilities.
5. The facilities and accommodations required by DCC 18.113.060 must be physically
provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental
or lease of any residential dwellings or lots.
6-20-07
Attachment 2: Proposed Deschutes County Code
18.113.060. Standards for destination resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and include as part of the CMP the
following minimum requirements:
1. At least 150 separate rentable units for visitor-oriented overnight lodging as follows:
(a.) The first 50 overnight lodging units must be physically provided prior to the closure of
sales, rental or lease of any residential dwellings or lots.
(b.) The resort may elect to phase in the remaining 100 overnight lodging units as follows:
(i.) At least 50 of the remaining 100 required overnight lodging units shall be
constructed or guaranteed through surety bonding or equivalent financial assurance
within 5 years of the closure of sale of individual lots or units, and;
(ii.) The remaining required overnight lodging units shall be constructed or guaranteed
through surety bonding or equivalent financial assurance within 10 years of the closure
of sale of individual lots or units.
(iii.)If the developer of a resort guarantees a portion of the overnight lodging units
required under subsection 18.113.060(A)(1) through surety bonding or other equivalent
financial assurance, the developer shall begin construction of the subject overnight
lodging units within 4 years of the date of execution of the surety bond or other
equivalent financial assurance.
(c.) If the resort does not elect to phase as defined in 18.113.060(A)(1)(b), they may elect to
financially assure the final 100 units pursuant to DCC 18.113.110, provided that;
(i.) The remaining 100 units are physically provided within 2 years of initial lot sales;
and
(ii.) The 2:1 accommodation ratio required by DCC 18.113 is maintained at all times.
2. Visitor-oriented eating establishments with seating for at least 100 persons and meeting
rooms which provide seating for at least 100 persons.
3. The aggregate cost of developing the overnight lodging facilities, developed recreational
facilities, and the eating establishments and meeting rooms shall be at least $7,000,000 (in
1993 dollars).
4. At least $2,333,333 of the $7,000,000 (in 1993 dollars) total minimum investment required
by DCC 18.113.060(A)(3) shall be spent on developed recreational facilities.
5. The facilities required by DCC 18.113.060(A)(2) through (4) must be physically
provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales,
rental or lease of any residential dwellings or lots.
6-20-07