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2011-2949-Minutes for Meeting June 27,2011 Recorded 7/11/2011COUNTY OFFICIAL NANCYUBLANKENSNIP, COUNTY CLERKDS CJ 201i•~949 COMMISSIONERS' JOURNAL ,,.,,.,,,,..,,.,...,,,,Simi .MIN 07/11/201111:30:11 AM 2011-2940 Do not remove this page from original document. Deschutes County Clerk Certificate Page 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 279 2011 Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Tom Anderson, Community Development; Marty Wynne, Finance; Laurie Craghead and Mark Pilliod, County Counsel; and media representative Hillary Borrud of The Bulletin. Chair Baney opened the meeting at 1: 30 p. m. 1. Tax/Finance Update. Marty Wynne indicated that the investment report is about the same as previously. The return is about .07 per estimate, and will be lower next year at .04, but should be able to hold there. The only funds of concern are the Health Benefits Trust fund, which had a large month in June, higher than the year before. The increase was 9.6% over the previous year. It is still below projections. Fair & Expo revenue is down, and it is possible year-end projections may not be met, either. They will not meet budget. There were some significant event cancelations. Under 911, Commissioner Unger asked about the user fee for Crooked River Ranch. Dave Kanner said that 911 takes all the calls for Crooked River Ranch, which are referred to Jefferson County to dispatch. There is also a contract in place with the fire district there. Mr. Wynne said that capital projects are closing out and are on track with projections. The North County Campus project will begin immediately, but most of the costs will occur next year. Mr. Kanner stated that the General Fund net amount is over what was budgeted, so they are starting ahead for next year. Minutes of Board of Commissioners' Work Session Monday, June 27, 2011 Page 1 of 5 Pages 2. Discussion of SB 19 Ordinances (Updating Fire Code and Adding Language regarding Code Enforcement). Tom Anderson said there are some housekeeping changes to Title 15, and a completely new amendment. One of the changes is `unincorporated' will instead be `under the jurisdiction' instead, to primarily reference the City of La Pine. There is a process in State law for the assumption of a building inspection program, and it is hard for a small jurisdiction to have all the expertise and certifications they need. The process takes at least six months. Section 070 updates the building code from 1997. Section 080 is at the request of Sunriver Fire Department, to update the fire code there. The County can enforce the local fire code if necessary, but he does not believe this has ever had to be done. Wildfire hazard zone language will refer to the most recent code section. The County now requires roofing material other than wood or flammable material be used in new construction or roof replacement. The definition of "Fire Chief' is changing for special service districts for clarification. In section 200, a violation of Fire Code would be a class A violation. Class A involves a fee of $750, class B is $250. A $500 fee comes in when there are continual violations. Chair Baney asked why these changes are being done at this time. Mr. Anderson said a Senate Bill resulting at a legislative special session necessitated most of these, allowing for an administrative process to review and judge on a local level. A separate section for building code violations has to be developed and maintained. A hearings officer may need to be involved to hear appeals. The administrative and citation process are running on parallel tracks. There are no options when enforcing this, so they may have to institute a civil process. This is supposed to work well between staff and the violator, and there is a good history of this. There are few instances where it is necessary to go to court. The penalties go to the County. The building violation section is wrapped up in the overall process. Minutes of Board of Commissioners' Work Session Monday, June 27, 2011 Page 2 of 5 Pages He pointed out that when they have to do the ultimate process, collection, they may end up with a judgment imposing a fine. This could result in a `show cause' ruling, which could make the assessment a lien against the property and potentially cause foreclosure. Commissioner Unger mentioned the issues of fire danger and people letting their lots go, putting others at risk. He asked about whether this involves the same violation process. Mr. Pilliod said this is more common in the cities as a violation of municipal codes. SB 360 addresses the portions of the County that are not under the jurisdiction of fire districts or municipalities. Typically, in the absence of a Code provision, the violation of choice is a nuisance provision. Cities and counties may be able to do this under nuisance abatement, but it is a very time-consuming process. Mr. Anderson indicated this has not been a big issue. In the cities, you find this in the housing ordinances or safety issues. Rural counties typically do not have these kinds of codes. It has come up and the Boards at that time did not want to pursue it, since a rural lifestyle tends to be less regulated. Mr. Pilliod stated that the fire districts may have control based on the height of the weeds or similar issues. Also, some subdivisions handle private enforcement under CCR's. Mr. Kanner said that the Weed Advisory Board would be interested in having access to this kind of process. Mr. Pilliod stated that it would be available to them in this case. Mr. Anderson noted that rarely the County addresses a health and safety problem with a property, and it is a lengthy process that may involve an eventual lien against the property. Mr. Pilliod stated that SB 360 addresses a very small amount of land. The Code otherwise does not contain a process except the statute that provides a similar process that is more cumbersome, through a nuisance provision. Commissioner Unger asked John (Griley or Dodson?) if this is a difficult process for him. Mr. ? said that it is not known, although the cases that went through Circuit Court usually were successful, with most being handled through voluntary compliance. The Court process can take a long time, however. Minutes of Board of Commissioners' Work Session Monday, June 27, 2011 Page 3 of 5 Pages Mr. Pilliod stated that a public hearing is not required. Chair Baney would like the Central Oregon Builders' Association to comment on it. Mr. Anderson stated that they are aware of the Senate Bill and of the process already. He can provide them with the proposed language. Commissioner Unger asked if there is a way to have some specific locations look better and not end up piled with what appears to be junk. He would like to see some well-traveled roads be more attractive without junky places along them. Mr. Anderson pointed out enforcement is complaint-generated. Mr. Anderson stated that in the future, Code Enforcement individuals will be handled through the Administrator instead of referencing the Board of Commissioners. 3. Update of Commissioners' Meetings and Schedules. Chair Baney encouraged Commissioner DeBone to attend some upcoming conferences and interact with others about rural issues. This can help to get new perspectives and ideas. Commissioner DeBone stated that he was hoping the DEQ would handle on-site system issues in south County in a general way and not property by property. Commissioner Unger said he thought perhaps they could have finding for specific neighborhoods that are similar. Commissioner DeBone noted that things are going around in circles. He will come up with some ideas and look for support. The citizen committee appears to go on for a long time, too, with little focus and no progress. There are some bad wells but no real trend. If this is good science, the key may be density. They probably would not need to require upgraded systems in some areas. Everyone is pointing at everyone else. The DEQ has been vague with wording like `potential problems', which may or may not be real. Chair Baney pointed out that the premise was prevention. "Potential" does matter. If nothing is done, there will be a problem eventually. Minutes of Board of Commissioners' Work Session Monday, June 27, 2011 Page 4 of 5 Pages Commissioner DeBone said that one of the dealers from Orenco says there is no trend. Others say with the amount of rain and snow, there is no nitrate loading problem. Commissioner Unger said everyone is frustrated with the DEQ. They never seem to be able to give a straight answer. Commissioner DeBone said that maybe they can define areas where there is not a loading problem, with a timeframe. Chair Baney said that the Local Rule gave 14 years. Commissioner DeBone stated that some areas need to be sewered if possible, due to high water, high population density or being close to the rivers. It is a challenging situation. 4. Other Items. The meeting ended at 4:20 p.m., at which time the Board went into a brief executive session under ORS 192.660(2)(h), litigation. DATED this ~ Day of 2011 for the Deschutes County Board of Commissi &rs. 1 Tammy Baney, Chair Z5~eeovz - ATTEST: ecording Secretary Anthony DeBone, Vice Chair rd~ Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Page 5 of 5 Pages Monday, June 27, 2011 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orl; WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, JUNE 27, 2011 1. Tax/Finance Update - Marty Wynne 2. Discussion of SB 19 Ordinances (Updating Fire Code and Adding Language regarding Code Enforcement) - Mark Pilliod 3. Update of Commissioners' Meetings and Schedules 4. Other Items Executive Session, under ORS 192.660(2)(h), Litigation 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), litigation; ORS 192.660(2)(d), labor negotiations; 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 130ONW Wall St., Bend, unless otherwise indicated. Ifyou 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. Monthly Meeting with Board of Commissioners Finance Director/Treasurer AGENDA June 27, 2011 (1) Monthly Investment Report (2) May 2011 Financials Memorandum Date: June 10, 2011 To: Board of County Commissioners Dave Kanner, County Administrator From: Marty Wynne, Finance Director RE: Monthly Financial Reports Attached please find May 2011 financial reports for the following funds: General (001), Community Justice - Juvenile (230), Sheriffs (255, 701, 702), Public Health (259), Behavioral Health (275), Community Development (295), Road (325), Community Justice - Adult (355), Commission on Children & Families (370-399), Solid Waste (610), Insurance Fund (670), 9-1-1 (705), Health Benefits Trust (675), and Fair & Expo Center (618). The projected information has been reviewed and updated, where appropriate, by the. respective departments. Cc: All Department Heads GENERAL FUND Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues Property Taxes Gen. Rev. - excl. Taxes Assessor County Clerk BOPTA District Attorney Finance/Tax Veterans Property Management Grant Projects Total Revenues TOTAL RESOURCES REQUIREMENTS: Expenditures Assessor County Clerk BOPTA District Attorney Finance/Tax Veterans Property Management Grant Projects Non-Departmental Contingency Transfers Out TOTAL REQUIREMENTS NET (Resources - Requirements) Year to Date Revised Year End $ Budget Actual Variance FY % Coll. % Budget Projection Variance $ 8,300,000 $ 9,677,699 $ 1,377,699 100% 117% $8,300,000 $9,677,699 $ 1,377,699 18,852,167 21,251,135 2,398,968 92% 103% 20,566,000 21,251,135 685,135 2,197,377 2,371,959 174,582 92% 99% a) 2,397,138 2,497,138 100,000 729,383 799,720 70,337 92% 101% b) 795,690 799,720 4,030 1,118,988 1,315,682 196,694 92% 108% 1,220,714 1,380,344 159,630 11,365 13,077 1,712 92% 105% b) 12,398 13,077 679 287,925 188,763 (99,162) 92% 60% 314,100 270,300 (43,800) 165,183 198,101 32,918 92% 110% b) 180,200 200,200 20,000 62,211 50,658 (11,553) 92% 75% 67,866 67,866 - 83,538 88,635 5,097 92% 97% 91,132 91,132 - 1,833 1,833 0 92% 92% 2,000 2,000 - 23,509,970 26,279,563 2,769,593 92% 102% 25,647,238 26,572,912 925,674 31,809,970 35,957,263 4,147,293 92% 106% 33,947,238 36,250,612 2,303,374 Exp. 92% 88% 3,382,219 3,287,219 95,000 92% 82% 1,484,127 1,381,923 102,204 92% 83% 75,403 75,403 - 92% 89% 4,882,127 4,778,777 103,350 92% 90% 846,910 833,910 13,000 92% 91% 262,197 262,197 - 92% 92% 253,227 253,227 - 92% 94% 112,203 112,203 - 92% 56% 2,219,387 2,119,387 100,000 92% n/a 4,068,274 - 4,068,274 92% 63% 17,586,074 13,104,246 4,481,828 92% 92% c) 15,737,164 15,737,164 - 92% 77% 33,323,238 28,841,410 4,481,828 d) 624,000 7,409,202 6,785,202 3,100,367 2,975,859 124,508 1,360,450 1,219,183 141,267 69,119 62,683 6,436 4,475,283 4,328,298 146,985 776,334 761,918 14,416 240,347 237,657 2,690 232,125 233,274 (1,149) 102,853 105,455 (2,602) 2,034,438 1,236,445 797,993 3,729,251 - 3,729,251 16,120,567 11,160,774 4,959,793 14,425,734 14,446,413 (20,679) 30,546,301 25,607,186 4,939,115 1,263,669 10,350,077 9,086,408 Beginning NWC per Approved Budget 7,300,000 a) YTD Actual includes annual payments: Federal in lieu of taxes - $471,913 and State tax on electric co-ops - $464,452. Justice Courts fines projected to be $90,000 more than budgeted, Interest projected to be $10,000 more that budgeted b) YTD Actual includes four quarterly payments of the A&T grant. c) Revised Budget and Year End Projection include $2,763,000 transfer of "one time resources". d) Appropriation transferred to Fund 575 - $610,000, to Fund 601 - $14,000 COMM JUSTICE-JUVENILE 5 Statement of Financial Operating Data Eleven Months Ended May 31, 2011 Year to Date Revised Year End Budget Actual Variance FY % Coll. % Budget Projection Variance RESOURCES: Beg. Net Working Capital Revenues Federal Grants SB #1065-Court Assess. Discovery Fee Food Subsidy OYA Basic & Diversion Inmate/Prisoner Housing Inmate Commissary Fees Contract Payments Miscellaneous MIP Diversion Fees Interest on Investments Leases Grants - Private Behavioral Health CCF Interfund Grant Gen Fund Grant-Crime Prev Total Revenues $ 987,000 $ 1,039,997 $ 52,997 100% 105% 14,233 12,135 (2,098) 55,000 48,594 (6,406) 14,667 11,083 (3,584) 34,833 22,813 (12,020) 311,672 182,135 (129,537) 91,667 58,350 (33,317) 92 144 52 81,116 77,892 (3,224) 275 70 (205) 917 245 (672) 15,583 7,432 (8,151) 2,200 2,200 - 458 1,397 939 5,500 3,319 (2,181) 55,454 72,375 16,921 18,333 15,000 (3,333) 702,000 515,184 (186,816) 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 78% a) 81% b) 69% b) 60% b) 54% C) 58% d) 144% 88% 23% 25% b) 44% 92% 279% 55% b) 120% e) 75% 67% Transfers In-General Fund 5,081,253 5,081,253 - TOTAL RESOURCES 6,770,253 6,636,434 (133,819) REQUIREMENTS: Expenditures Community Justice-Juvenile Personal Services Materials and Services Capital Outlay Juvenile Resource Center Personal Services Materials and Services Contingency TOTAL REQUIREMENTS 92% 92% 92% 91% Exp. $ 987,000 $ 1,039,997 $ 52,997 15,527 15,527 - 60,000 51,500 (8,500) 16,000 12,500 (3,500) 38,000 26,770 (11,230) 340,006 266,358 (73,648) 100,000 62,850 (37,150) 100 170 70 88,490 86,000 (2,490) 300 100 (200) 1,000 267 (733) 17,000 8,025 (8,975) 2,400 2,400 - 500 1,500 1,000 6,000 3,625 (2,375) 60,495 93,000 32,505 20,000 20,000 - 765,818 650,592 (115,226) 5,543,186 5,543,186 - 7,296,004 7,233,775 (62,229) 2,716,960 2,519,436 197,524 92% 85% f) 2,963,956 2,742,972 220,984 1,099,896 981,448 118,448 92% 82% g) 1,199,886 1,070,670 129,216 92 - 92 92% 0% 100 - 100 2,122,179 1,968,728 153,451 92% 85% h) 2,315,104 2,140,222 174,882 160,870 157,587 3,283 92% 90% 175,494 178,537 (3,043) 588,009 - 588,009 92% n/a 641,464 - 641,464 6,688,006 5,627,199 1,060,807 92% 77% NET (Resources - Requirements) 82,247 1,009,235 926,988 Beginning NWC per Approved Budget 7,296,004 6,132,401 1,163,603 1,101,374 1,101,374 1,101,374 a) Fourth quarter Federal Grant reimbursement of $3,000 is expected in June b) Revenues trending less than projected due to reduction in use of services and lower juvenile populations c) OYA monies collected in Nov, Feb, May, and June - New reduction due to under-utilization of Maplestar treatment foster care - (population of kids in Maplestar less than anticipated in the original budget). Approximately $75,000 payment anticipated in June d) Revenue is generated when non-Deschutes juveniles utilize facility - less utilization than anticipated to date e) Additional funding from CCF allocated for Juvenile programs f) Personnel savings due to approximately 3.00 FTE unfilled g) DHS/BRS match payments and Maplestar contract payments are less than originally budgeted due to reduction in youth using the program h) Personnel savings due to less on-call and overtime for the detention facility SHERIFF - Fund 255 Statement of Financial Operating Data Eleven Months Ended May 31, 2011 I Year to Date Revised Year End Budget Actual Variance FY % Coll. % Budget Projection Variance RESOURCES: Beg. Net Working Capital $ - $ - $ - Revenues Law Enf Dist Countywide 20,927,002 16,477,215 (4.449.787) tdw~fflisC#tural' 1~,527,~11 +1fl;42~,425 {2102;~i~~i) Total Revenues 33,454,113 26,901,689 (6,552,424) TOTAL RESOURCES 33,454,113 26,901,689 (6,552,424) REQUIREMENTS: EXPENDITURES & TRANSFERS Sheriffs Division 2,783,963 2,769,121 14,842 Civil 753,900 715,911 37,989 Automotive/Communications 1,515,283 1,320,837 194,446 Investigations/Evidence 1,513,226 1,354,930 158,296 Patrol/Civil/Comm Supp 7,347,680 7,087,465 260,215 Records 605,354 564,503 40,851 Adult Jail 9,033,625 7,987,944 1,045,681 Court Security 257,447 247,167 10,280 Emergency Services 159,904 156,282 3,622 Special Services Division 1,190,387 1,012,042 178,345 Regional Work Center 2,651,222 2,431,877 219,345 Training Division 302,500 231,857 70,643 Other Law Enforcement Svcs 547,174 545,655 1,519 Non-Departmental 259,433 276,100 (16,667) Contingency 4,349,681 - 4,349,681 Transfer Out - Jail Remodel 91,667 100,000 (8,333) Transfers Out- D/S Fund 91,667 60,539 31,128 n/a $ - $ - $ 100% 72% 22,829,457 18,227,066 (4,602,391) 76% V,665'~39 11 5 (2 ~ ~ ) 74% 36,495,396 29,752,695 (6,742,701) 92% 92% 92% 92% 74% 36,495,396 29,752,695 (6,742,701) Exp. 71 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 91% a) 87% b) 80% C) 82% b) 88% b) 85% b) 81% d) 88% 90% 78% 84% e) 70% f) 91% 98% n/a n/a 61% 3,037,051 2,979,177 57,874 822,436 775,971 46,465 1,653,036 1,461,292 191,744 1,650,792 1,563,236 87,556 8,015,651 7,739,326 276,325 660,386 637,571 22,815 9,854,864 8,867,554 987,310 280,851 267,835 13,016 174,441 167,372 7,069 1,298,604 1,233,596 65,008 2,892,242 2,700,917 191,325 330,000 284,916 45,084 596,917 590,914 6,003 283,018 283,018 - 4,745,107 - 4,745,107 100,000 100,000 100,000 100,000 - TOTAL REQUIREMENTS 33,454,113 26,862,230 6,591,883 92% NET (Resources - Requirements) - - - Beginning NWC per Approved Budget 74% 36,495,396 29,752,695 6,742,701 a) Less than planned M&S expenses for the year b) Delay in filling open positions will result in lower personnel expenditures for FY 2011 c) Payments for grant funded consulting contract will slip into FY 2012 d) Unfilled budgeted positions and no planned jail bed rental. In addition, the $350,000 for JMS software will be spent in FY 2012 e) Unfilled budgeted positions and lower material and service expenditures projected for FY 2011 f) Personnel expenses will be lower than planned due to employee transfers Fund 701 LED-Countywide Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Tax Revenues - Current Tax Revenues - Prior Federal Grants State Grant Transp. of State Wards SB 1145 Des. Cty Video Lottery Grant Des Cty Court Security Des Cty Juvenile Contract Title III Reimbursement Transport DC Fair & Expo Center Inmate Commissary Fees Work Center Work Crews Concealed Handgun Classes Soc Sec Incentive-Fed Miscellaneous Oregon Mentors Medical Services Reimb Restitution Sheriff Fees Interest Interest on Unsegregated Rentals Donations Sale of Reportable Assets Total Revenues TOTAL RESOURCES REQUIREMENTS: Department Sheriffs Services Civil Auto/Comm Adult Jail Court Security Emer Svcs Special Services Work Center Training Other (CODE, Forensic) Internal Services Transfer to Debt Service Transfer to Jail Remodel Transfer for Reserve Fund Contingency Total Requirements Year to Date Year End Budget Actual Variance FY % Coll. % IF Budget Projection Variance $4,722,862 $ 5,609,156 $ 886,294 13,615,795 14,926,526 1,310,731 100% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 92% 119% 100% 117% 139% 150% a 66% 94% b 0% 92% n/a 103% 12% n/a 138% C 188% d 63% 120% 128% n/a e 110% 359% 147% f) 165% 51% n/a n/a n/a 101% $ 4,722,862 $5,609,156 $ 886,294 14,853,594 14,926,526 72,932 642,000 748,759 106,759 35,000 48,563 13,563 48,475 72,573 24,098 5,000 5,000 - 1,974,660 1,854,463 (120,197) 5,000 5,000 - 95,000 95,000 - - 4,994 4,994 150,000 154,996 4,996 4,000 4,000 - - 4,185 4,185 48,000 68,000 20,000 25,000 50,000 25,000 6,000 6,000 - 5,000 6,000 1,000 5,000 7,000 2,000 - 15,000 15,000 12,000 18,000 6,000 1,000 5,000 4,000 160,000 250,000 90,000 28,333 53,075 24,742 3,533 3,533 - - 2,500 2,500 - 200 200 - 1,257 1,257 18,106,595 18,414,664 308,069 588,500 748,759 160,259 32,083 48,563 16,480 44,435 72,573 28,138 4,583 3,321 (1,262) 1,810,105 1,854,463 44,358 4,583 - (4,583) 87,083 86,950 (133) - 4,994 4,994 137,500 154,996 17,496 3,667 487 (3,180) - 4,185 4,185 44,000 66,004 22,004 22,917 46,920 24,003 5,500 3,800 (1,700) 4,583 6,000 1,417 4,583 6,399 1,816 - 11,350 11,350 11,000 13,142 2,142 917 3,590 2,673 146,667 235,646 88,979 25,972 46,776 20,804 3,239 1,808 (1,431) - 2,500 2,500 - 200 200 - 1,257 1,257 16, 597,712 18,356,250 1,758,538 21,320,574 23,965,406 2,644,832 2,633,629 2,619,588 14,041 753,900 715,911 37,989 545,502 475,501 70,001 9,033,625 7,987,944 1,045,681 257,447 247,167 10,280 159,904 156,282 3,622 961,833 817,730 144,103 2,651,222 2,431,877 219,345 184,525 141,433 43,092 547,174 545,655 1,519 38,126 138,326 (100,200) 91,667 60,539 31,128 91,667 100,000 (8,333) 91,667 - 91,667 2,885,116 - 2,885,116 20,927,002 16,437,953 4,489,048 Net 393,572 7,527,453 7,133,881 Beginning NWC per Approved Budget a) Timing of reimbursements for the Emergency Planning Grant b) Funding reduction from Dept of Corrections c) Higher than planned inmate telephone use and commissary purchases d) Work Crew revenue from USFS was not planned e) Unplanned revenue for the "Children of Incarcerated Parents" program f) Revenue for concealed weapons permits and civil papers will exceed budget 92% 105% Exp. 22,829,457 24,023,820 1,194,363 92% 91% 2,873,050 2,818,301 54,749 92% 87% 822,436 775,971 46,465 92% 80% 595,093 526,065 69,028 92% 81% 9,854,864 8,867,554 987,310 92% 88% 280,851 267,835 13,016 92% 90% 174,441 167,372 7,069 92% 78% 1,049,272 996,746 52,526 92% 84% 2,892,242 2,700,917 191,325 92% 70% 201,300 173,799 27,501 92% 91% 596,917 590,914 6,003 92% 333% 41,592 41,592 - 92% 61% 100,000 100,000 - 92% 100% 100,000 100,000 - 92% 0% 100,000 100,000 - 92% 0% 3,147,399 - 3,147,399 72% 22,829,457 18,227,066 4,602,391 - 5,796,754 5,796,754 5,108,671 Fund 702 LED Rural Statement of Financial Operating Data Eleven Months Ended May 31, 2011 Year to Date Year End Budget Actual Variance FY % Coll. % I I Budget I Projection Variance RESOURCES: Beg. Net Working Capital $ 1,905,939 $ 2,498,487 $ 592,548 100% 131% $1,905,939 $ 2,498,487 $ 592,548 Revenues Tax Revenues - Current 6,882,559 7,516,436 633,877 92% 100% 7,508,247 7,516,436 8,189 Tax Revenues - Prior 287,833 371,944 84,111 92% 118% 314,000 371,944 57,944 Federal Grants 1,833 13,326 11,493 92% 666%a) 2,000 13,326 11,326 Federal Grants-BLM - 9,597 9,597 92% n/a - 10,000 10,000 US Forest Service 70,125 64,125 (6,000) 92% 84% 76,500 78,750 2,250 State Grant 171,997 89,238 (82,759) 92% 48% 187,633 187,633 - SB #1065 Court Assessmf 61,417 48,594 (12,823) 92% 73% 67,000 50,000 (17,000) Marine Board License Fee 130,564 49,842 (80,722) 92% 35% b) 142,433 187,433 45,000 Des Cty General Fund Gra 643,828 - (643,828) 92% 0% c) 702,358 702,358 - Des Cty Transient Room 1 1,785,339 1,785,339 - 92% 92% 1,947,642 1,947,642 - City of Sisters 396,600 396,600 - 92% 92% 432,655 432,655 - Des Cty Tax/Fin Contract 917 - (917) 92% 0% 1,000 1,000 - Des Cty CDD Contract 49,836 49,836 - 92% 92% 54,366 54,366 - Des Cty Solid Waste Cont 49,836 49,836 - 92% 92% 54,366 54,366 - Des Cty Clerk/Election 1,833 1,249 (584) 92% 62% 2,000 2,000 - School Districts 91,667 32,725 (58,942) 92% 33%d) 100,000 50,000 (50,000) Claims Reimbursement - 8,472 8,472 92% n/a - 8,472 8,472 Security & Traffic Reimb 11,917 1,081 (10,836) 92% 8% 13,000 13,000 - Seat Belt Program 5,500 6,275 775 92% 105% 6,000 6,275 275 Miscellaneous 9,167 9,419 252 92% 94% 10,000 10,000 - Restitution 458 1,058 600 92% 212% 500 1,500 1,000 Sheriff Fees 9,167 9,160 (7) 92% 92% 10,000 10,000 - Court Fines & Fees 77,917 121,631 43,714 92% 143%e) 85,000 132,000 47,000 Impound Fees 13,750 5,800 (7,950) 92% 39% 15,000 15,000 - Restitution - Street Crimes 458 - (458) 92% 0% 500 500 - Interest 9,167 18,860 9,693 92% 189% 10,000 20,000 10,000 Interest on Unsegregated 1,650 909 (741) 92% 51% 1,800 1,800 - Donations - 12,200 12,200 92% n/a f) - 12,250 12,250 Sale of Reportable Assets 9,167 32,762 23,595 92% 328%g) 10,000 32,762 22,762 Sale of Equip & Material 5,500 3,570 (1,930) 92% 60% 6,000 10,000 4,000 Total Revenues 10,780,002 10,709,884 (70,118) 50% 91% 11,760,000 11,933,468 173,468 TOTAL RESOURCES 12,685,941 13,208,371 522,430 50% 97% 13,665,939 14,431,955 766,016 REQUIREMENTS: Exp. Department Sheriffs Services 150,334 149,533 801 92% 91% 164,001 160,876 3,125 Auto/Comm 969,781 845,336 124,445 92% 80% 1,057,943 935,227 122,716 Investigations 1,513,226 1,354,930 158,296 92% 82% 1,650,792 1,563,236 87,556 Patrol 7,347,680 7,087,465 260,215 92% 88% 8,015,651 7,739,326 276,325 Records 605,354 564,503 40,851 92% 85% 660,386 637,571 22,815 Special Services 228,554 194,312 34,242 92% 78% 249,332 236,850 12,482 Training 117,975 90,424 27,551 92% 70% 128,700 111,117 17,583 Internal Services 37,974 137,774 - 92% 333% 41,426 41,426 - Transfer for Reserve Fund 91,667 - 91,667 92% 0% 100,000 100,000 - Contingency 1,464,566 - 1,464,566 92% 0% 1,597,708 - 1,597,708 Total Requiremer((s 12,527,111 10,424,277. ,2;1`02,834 76% 2,144;$10 Net 158,830 2,784,095 2,625,265 - 2,906,326 2,906,326 Beginning NWC per Approved Budget 2,936,523 a) Detective overtime reimbursements from HIDTA b) Contract increased for purchase of new boat. Payments will be received in Qtr 4 c) Grant will be received in June 2011 d) Less than planned revenue due to lower billing rates and hours worked e) Revenue from traffic fines will exceed budget f) Animal Rescue Facility donations g) Proceeds from sale of used patrol vehicles were higher than estimated PUBLIC HEALTH Statement of Financial Operating Data Eleven Months Ended May 31, 2011 Year to Date Revised Year End I Budget Actual Variance FY % Coll. % I Budget ( Projection Variance RESOURCES: Beg. Net Working Capital $1,100,000 $ 1,615,306 $ 515,306 100% 147% $1,100,000 $1,615,306 $ 515,306 Revenues Medicare Reimbursement 7,333 147 (7,186) 92% 2% 8,000 200 (7,800) State Grant 2,303,562 2,427,905 124,343 92% 97% a) 2,512,977 2,613,704 100,727 Child Dev & Rehab Center 28,196 23,069 (5,127) 92% 75% 30,759 30,759 - State Miscellaneous 201,571 216,906 15,335 92% 99% 219,896 269,334 49,438 OMAP 437,983 578,680 140,697 92% 121% 477,800 618,680 140,880 Title 19 - 927 927 92% n/a - 1,000 1,000 Family Planning Exp Proj 453,750 434,612 (19,138) 92% 88% 495,000 520,000 25,000 Local Grants 59,583 103,769 44,186 92% 160% b) 65,000 113,773 48,773 Water Program-Base Fee 38,500 28,158 (10,342) 92% 67% 42,000 42,000 - Water Program-Field Work 51,166 49,840 (1,326) 92% 89% 55,817 55,817 - H20 Sys Insp-Priv Wells 183 - (183) 92% 0% 200 200 - Miscellaneous - 386 386 92% n/a - 400 400 Patient Insurance Fees 174,405 121,597 (52,808) 92% 64% c) 190,260 135,000 (55,260) Health Dept/Patient Fees 136,560 104,330 (32,230) 92% 70% c) 148,975 114,330 (34,645) Vital Records-Birth 33,000 30,395 (2,605) 92% 84% 36,000 31,000 (5,000) Vital Records-Death 89,833 96,485 6,652 92% 98% 98,000 97,000 (1,000) Environmental Health 630,071 704,797 74,726 92% 103% 687,350 730,000 42,650 Interest on Investments 15,492 10,337 (5,155) 92% 61% 16,900 11,200 (5,700) Donations 5,500 32,108 26,608 92% 535% d) 6,000 35,430 29,430 Interfund Contract 173,597 72,661 (100,936) 92% 38% 189,378 162,513 (26,865) Administrative Fee 24,750 24,750 - 92% 92% 27,000 27,000 - Drug Court Byrne - 4,157 4,157 92% n/a - 4,157 4,157 Total Revenues 4,865,035 5,066,016 200,981 92% 95% 5,307,312 5,613,497 306,185 Transfers In-General Fund 2,124,620 2,124,620 - 92% 92% 2,317,765 2,317,765 - Transfers In-PH Res Fund 61,529 50,342 (11,187) 92% 75% 67,123 67,123 - Transfers In-Gen. Fund Other 62,161 50,859 (11,302) 92% 75% 67,812 67,812 - TOTAL RESOURCES 8,213,345 8,907,143 693,798 92% 101% 8,860,012 9,681,503 821,491 REQUIREMENTS: Exp. °i° Expenditures Personal Services 5,369,065 5,287,708 81,357 92% 90% 5,857,162 5,790,000 67,162 Materials and Services 1,838,271 1,785,764 52,507 92% 89% 2,005,387 1,970,226 35,161 Capital Outlay 22,917 5,432 17,485 92% 22% 25,000 10,000 15,000 Transfers Out 137,500 112,500 25,000 92% 75% 150,000 150,000 - Contingency 753,924 - 753,924 92% n/a 822,463 - 822,463 TOTAL REQUIREMENTS 8,121,677 7,191,404 930,273 92% 81% 8,860,012 7,920,226 939,786 NET (Resources - Requirements) 91,668 1,715,739 1,624,071 - 1,761,277 1,761,277 Beginning NWC per Approved Budget 1,596,918 a) State grant through Revision #6, supplemental grant appropriation to be submitted b) Health Matters-local grant for Chronic Care Program is $17,000 & $21,000. Bioterrorism NACCHO grant $10,000 received in July c) In current economic environment, fewer patients with private insurance or self pay d) My Future My Choice donation carry over from FY10, in the amount of $25,880. $3,550 HIV sponsorship donation BEHAVIORAL HEALTH Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues Marriage Licenses Divorce Filing Fees Domestic Partnership Fee Federal Grants State Grants State Miscellaneous ABHA Title 19 Liquor Revenue School Districts Miscellaneous Patient Insurance Fees Patient Fees Seizure/Forfeiture Interest on Investments Rentals Interfund Contract-Gen. Fund Comm. on Children & Fam Administrative Fee Year to Date Budget Actual Variance FY % Coll. $ 2,616,050 $ 2,651,262 $ 35,212 100% 101% Revised Year End Budget Projection Variance $ 2,616,050 $ 2,651,262 $ 35,212 5,042 4,480 (562) 92% 81% 5,500 5,500 - 119,167 131,135 11,968 92% 101% 130,000 132,500 2,500 917 45 (872) 92% 5% 1,000 100 (900) 88,888 110,011 21,123 92% 113% a) 96,969 305,342 208,373 6,019,944 5,810,286 (209,658) 92% 88% b) 6,567,212 6,293,958 (273,254) 135,825 103,549 (32,276) 92% 70% 148,173 148,173 - - 98,485 98,485 92% n/a - 160,938 160,938 275,848 173,917 (101,931) 92% 58% 300,925 200,000 (100,925) 96,617 103,544 6,927 92% 98% 105,400 105,400 - 64,167 81,540 17,373 92% 116% 70,000 82,000 12,000 15,492 36,079 20,587 92% 213% 16,900 40,000 23,100 141,167 77,242 (63,925) 92% 50% 154,000 79,000 (75,000) 11,917 1,952 (9,965) 92% 15% 13,000 3,000 (10,000) - 14,841 14,841 92% n/a - 14,841 14,841 39,953 20,821 (19,132) 92% 48% 43,585 23,000 (20,585) 12,008 16,250 4,242 92% 124% 13,100 17,000 3,900 116,417 118,217 1,800 92% 93% a) 127,000 127,000 - 22,000 - (22,000) 92% 0% c) 24,000 - (24,000) 3,860,502 3,863,383 2,881 92% 92% 4,211,457 4,211,457 - Total Revenues 11,025,871 10,765,777 (260,094) 92% 90% 12,028,221 11,949,209 (79,012) Transfers In-General Fund 1,206,479 1,206,479 - 92% 92% 1,316,158 1,316,158 - Transfers In-OHP-CDO 91,665 91,665 - 92% 92% 100,000 100,000 - Transfers In-Acute Care Svcs 335,186 335,186 - 92% 92% 365,657 365,657 - Transfers In-ABHA 612,564 501,189 (111,375) 92% 75% 668,252 668,252 - TOTAL RESOURCES 15,887,815 15,551,558 (336,257) 92% 91% 17,094,338 17,050,538 (43,800) REQUIREMENTS: Exp. Expenditures Personal Services 8,559,057 8,164,569 394,488 92% 87% d) 9,337,153 8,905,000 432,153 Materials and Services 4,836,563 3,769,366 1,067,197 92% 71% 5,276,251 4,200,000 1,076,251 Capital Outlay 702,167 211,400 490,767 92% 28% 766,000 450,000 316,000 Transfers Out 144,067 112,500 31,567 92% 72% 157,164 150,000 7,164 Contingency 1,427,956 - 1,427,956 92% n/a 1,557,770 - 1,557,770 TOTAL REQUIREMENTS 15,669,810 12,257,835 3,411,975 92% 72% 17,094,338 13,705,000 3,389,338 NET (Resources - Requirements) 218,005 3,293,723 3,075,718 - 3,345,538 3,345,538 Beginning NWC per Approved Budget 3,268,759 a) Received quarterly, in arrears b) Department of Human Services Grant projected at amended contract amount for FY 11 c) Child and Family prevention program eliminated d) Personnel expenditure projected to be less than budgeted due to unfilled positions COMMUNITY DEVELOPMENT Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues Admin-Operations Admin-GIS Admin-Code Enforcement Building Safety Electrical Contract Services Env Health-On Site Prog Planning-Current Planning-Long Range Total Revenues 89% $ 686,081 $ 613,031 (73,050) 89% 16,500 15,850 (650) 158% a) 2,750 4,400 1,650 98% 161,718 173,000 11,282 83% b) 1,081,217 989,000 (92,217) 89% 266,652 264,100 (2,552) 78% c) 184,000 201,000 17,000 86% 283,830 271,300 (12,530) 83% d) 776,962 697,700 (79,262) 83% e) 353,771 349,900 (3,871) 2,866,785 2,636,109 (230,676) 92% 84% 3,127,400 2,966,250 (161,150) Trans In-GF 232,272 232,272 - 92% 92% 253,387 253,387 - Trans In-GF for Lng Rng Ping 473,000 473,000 - 92% 92% 516,000 516,000 - TOTAL RESOURCES 4,258,138 3,954,412 (303,726) 92% 86% 4,582,868 4,348,668 (234,200) REQUIREMENTS: EXPENDITURES & TRANSFERS Admin-Operations 1,285,530 1,266,188 19,342 Admin-GIS 198,124 156,878 41,246 Admin-Code Enforcement 169,338 169,670 (332) Building Safety 458,636 451,314 7,322 Electrical 171,972 164,655 7,317 Contract Services 223,897 206,762 17,135 Env Health-On Site Pgm 212,672 197,170 15,502 Planning-Current 632,766 582,343 50,423 Planning-Long Range 451,391 463,301 (11,910) Transfers Out (D/S Fund) 158,868 173,310 (14,442) Contingency 237,770 - 237,770 Exp. 92% 90% 1,402,396 1,372,000 30,396 92% 73% f) 216,135 158,312 57,823 92% 92% 184,732 182,607 2,125 92% 90% g) 500,330 479,817 20,513 92% 88% 187,606 179,400 8,206 92% 85% g) 244,251 225,066 19,185 92% 85% h) 232,006 214,300 17,706 92% 84% i) 690,290 630,200 60,090 92% 94% j) 492,427 523,682 (31,255) 92% 100% 173,310 173,310 - 92% n/a 259,385 - 259,385 TOTAL REQUIREMENTS 4,200,964 3,831,591 369,373 92% 84% 4,582,868 4,138,694 444,174 NET (Resources - Requirements) 57,174 122,821 65,647 Beginning NWC per Approved Budget Revenues 2,636,109 Expenditures 3,831,591 Net from Operations (1,195,482) 229,822 3,127,400 2,966,250 (161,150) 4,582,868 4,138,694 444,174 (1,455,468) (1,172,444) 283,024 a) Custom GIS work revenue sporadic. Includes webmaster work for Health Dept b) Year end projections reduced as at least one major project (La Pine Biomass plant) has been delayed, but is expected next year c) City of Redmond receipts lag one month behind d) YTD business volume/revenue projected to be less than estimated e) Grant payments received irregularly f) Savings due to resignation of CDD webmaster, who will not be replaced g) Savings due to retirement of Building Inspector in January, who will not be replaced h) Savings due to retirement of EH Director, who will be replaced by an EH Specialist III i) Savings due to lower expenses associated with Hearings Officer, mailings, etc. j) Consultant expenditure higher than budgeted associated with timing of grant revenue received in FY 2010 Year to Date Year End Budget Actual Variance FY % Coll. % Budget Projection Variance $ 686,081 613,031 $ (73,050) 100% 15,125 14,621 (504) 92% 2,521 4,334 1,813 92% 148,242 157,857 9,615 92% 991,116 898,035 (93,081) 92% 244,431 237,528 (6,903) 92% 168,667 144,298 (24,369) 92% 260,178 245,091 (15,087) 92% 712,215 642,102 (70,113) 92% 324,290 292,244 (32,046) 92% 209,974 209,974 ROAD Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues Mineral Lease Royalties Forest Receipts State Miscellaneous Motor Vehicle Revenue City of Bend City of Redmond City of Sisters City of La Pine Admin Recovery (SDC) Miscellaneous Road Vacations Interest on Investments Other Bank/LGIP Interest Parking Fees Grants-Private Interfund Contract Equipment Repairs Vehicle Repairs LID Construction Vegetation Management Forester Car Washes Car Rental Sale of Equip & Material Total Revenues Trans In - Solid Waste Trans In - Transp SDC Trans In-Road Imp Res TOTAL RESOURCES REQUIREMENTS: Expenditures Personal Services Materials and Services Capital Outlay Transfers Out Contingency TOTAL REQUIREMENTS NET (Resources - Requirements) Year to Date Year End Budget Actual Variance FY % Coll. % Budget Projection Variance $ 3,430,429 $ 3,419,603 $ (10,826) 100% 100% $ 3,430,429 $ 3,419,603 $ (10,826) 18,333 153,454 135,121 92% 767% 20,000 155,000 135,000 2,050,583 2,237,091 186,508 92% 100% a) 2,237,000 2,237,091 91 88,902 - (88,902) 92% 0% b) 96,984 - (96,984) 9,166,667 8,287,809 (878,858) 92% 83% c) 10,000,000 9,100,000 (900,000) 252,083 215,049 (37,034) 92% 78% d) 275,000 375,000 100,000 320,833 250,458 (70,375) 92% 72% d) 350,000 275,000 (75,000) 9,167 - (9,167) 92% 0% d) 10,000 - (10,000) 9,167 - (9,167) 92% 0% d) 10,000 - (10,000) - 1,752 1,752 92% n/a - 1,800 1,800 82,500 30,108 (52,392) 92% 33% 90,000 93,451 3,451 917 1,000 83 92% 100% 1,000 1,000 - 36,667 20,764 (15,903) 92% 52% 40,000 24,000 (16,000) - 61 61 92% n/a - 62 62 825 - (825) 92% 0% 900 - (900) - 2,434 2,434 92% n/a - 2,434 2,434 687,500 (687,500) 92% 0% e) 750,000 700,000 (50,000) 229,167 192,272 (36,895) 92% 77% 250,000 200,000 (50,000) 82,500 - (82,500) 92% 0% 90,000 90,000 - 9,167 - (9,167) 92% 0% e) 10,000 - (10,000) 32,083 - (32,083) 92% 0% e) 35,000 35,000 - 22,917 - (22,917) 92% 0% e) 25,000 25,000 - 2,750 3,464 714 92% 115% 3,000 4,000 1,000 458 462 4 92% 92% 500 462 (38) 553,208 588,214 35,006 92% 97% 603,500 659,439 55,939 13,656,394 11,984,392 (1,672,002) 92% 80% 14,897,884 13,978,739 (919,145) 267,428 218,805 (48,623) 92% 75% 291,740 291,740 - 183,333 150,000 (33,333) 92% 75% 200,000 200,000 - 11,037 - (11,037) 92% 0% 12,040 - (12,040) 17,548,621 15,772,800 (1,742,488) 92% 93% 18,832,093 17,890,082 (942,011) Exp. 5,273,553 5,001,964 271,589 92% 87% 5,752,967 5,583,544 169,423 8,681,771 6,277,456 2,404,315 92% 66% 9,471,023 9,275,358 195,665 1,074,050 91,180 982,870 92% 8% f) 1,171,691 94,900 1,076,791 366,667 400,000 (33,333) 92% 100% 400,000 400,000 - 1,866,711 - 1,866,711 92% n/a 2,036,412 - 2,036,412 17,262,752 11,770,600 5,492,152 92% 63% 18,832,093 15,353,802 3,478,291 285,869 4,002,200 3,749,664 - 2,536,280 2,536,280 Beginning NWC per Approved Budget 2,834,720 a) Annual payment-January 2011 b) Received in June 2010 c) Even though gas taxes increased by 25% ($.06/gal.) effective January 2011 (revised State estimate); gas tax receipts will be less than estimated d) Billed upon completion of work e) Payment to be received in June 2011 from Funds 326, 328, 329, & 340 f) Budget includes $1,076,691 for 19th Street construction. Will be expended in future years ADULT PAROLE & PROBATION Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues DOC Measure 57 State Miscellaneous Alternate Incarceration State Subsidy SB 1145 Probation Work Crew Fees Miscellaneous Electronic Monitoring Fee Probation Superv. Fees Interest on Investments Interfund - Sheriff Crime Prevention Grant CFC-Domestic Violence Total Revenues Year to Date Revised Year End Budget Actual Variance FY % Coll. % Budget Projection Variance $ 616,371 $ 728,649 $ 112,278 100% 118% $ 616,371 $ 728,649 $ 112,278 199,196 217,350 18,154 92% 100% 217,305 217,350 3,943 4,301 358 92% 100% 4,301 4,301 28,342 30,918 2,576 92% 100% 30,918 30,918 11,917 13,306 1,389 92% 102% 13,000 13,306 2,715,157 2,781,694 66,537 92% 94% 2,961,990 2,781,990 34,833 22,612 (12,221) 92% 60% a) 38,000 25,610 2,750 4,165 1,415 92% 139% b) 3,000 4,500 155,833 148,469 (7,364) 92% 87% 170,000 166,000 192,500 187,946 (4,554) 92% 89% 210,000 199,000 8,250 7,894 (356) 92% 88% 9,000 9,000 45,833 45,833 - 92% 92% 50,000 50,000 45,833 37,500 (8,333) 92% 75% c) 50,000 50,000 - 37,416 37,416 92% n/a d) - 56,124 3,444,387 3,539,404 95,017 92% 94% 3,757,514 3,608,099 45 306 (180,000) (12,390) 1,500 (4,000) (11,000) 56,124 (149,415) Transfers In-General Fund 105,442 105,442 - 92% 92% 115,029 115,029 - TOTAL RESOURCES 4,166,200 4,373,495 207,295 92% 97% 4,488,914 4,451,777 (37,137) REQUIREMENTS: Expenditures Personal Services Materials and Services Capital Outlay Contingency TOTAL REQUIREMENTS NET (Resources - Requirements) Exp. 2,908,819 2,733,975 174,844 92% 86% e) 3,173,257 2,966,580 206,677 819,751 737,285 82,466 92% 82% f) 894,274 864,274 30,000 92 - 92 92% 0% 100 - 100 386,176 - 386,176 92% n/a 421,283 - 421,283 4,114,838 3,471,260 643,578 92% 77% 4,488,914 3,830,854 658,060 51,362 902,235 850,873 - 620,923 620,923 Beginning NWC per Approved Budget a) Increase in fee waivers from court due to economic conditions b) Larger number of offenders doing out of state and county transfers c) Payments received quarterly (Sept, Dec, Mar and June) d) Intensive Supervision DV grant (Federal grant) e) Personnel expenditure projected to be less than budgeted due to unfilled positions f) M57 treatment funds have been used less based on current population 560,000 RESOURCES: Beg. Net Working Capital Revenues Federal Grants Title IV - Family Sup/Pres HealthyStart Medicaid Level 7 Services State Prevention Funds HealthyStart /R-S-G OCCF Grant Charges for Svcs-Misc Court Fines & Fees Interest on Investments Grants-Private Donations Video Lottery Miscellaneous Total Revenues COMM ON CHILDREN & FAMILIES Statement of Financial Operating Data Eleven Months Ended May 31, 2011 Year to Date Revised Year End Budget Actual Variance FY % Coll. % Budget Projection Variance $ 562,762 $ 635,340 $ 72,578 100% 113% $ 562,762 $ 635,340 $ 72,578 366,820 355,788 (11,032) 58,438 61,870 3,432 87,083 71,972 (15,111) 236,485 239,237 2,752 13,292 7,532 (5,760) 283,180 263,596 (19,584) 553,963 542,003 (11,960) 7,333 3,597 (3,736) 68,750 78,681 9,931 18,333 4,680 (13,653) 4,583 - (4,583) - 3,857 3,857 - 2,500 2,500 237,008 85,058 (151,950) 1,935,268 1,720,371 (214,897) 92% 89% a) 400,167 413,268 13,101 92% 97% 63,750 63,750 - 92% 76% 95,000 95,000 - 92% 93% 257,984 257,984 - 92% 52% b) 14,500 17,000 2,500 92% 85% c) 308,924 263,596 (45,328) 92% 90% c) 604,323 549,044 (55,279) 92% 45% d) 8,000 5,000 (3,000) 92% 105% e) 75,000 88,000 13,000 92% 23% f) 20,000 8,000 (12,000) 92% 0% g) 5,000 - (5,000) 92% n/a d) - 3,857 3,857 92% n/a d) - 2,500 2,500 92% 33% h) 258,554 118,500 (140,054) 92% 81% 2,111,202 1,885,499 (225,703) Trans from General Fund 260,639 260,639 - 92% 92% 284,333 284,333 - Trans from GF-Other 22,917 18,750 (4,167) 92% 75% 25,000 25,000 - Total Transfers In 283,556 279,389 (4,167) 92% 90% 309,333 309,333 - TOTAL RESOURCES 2,781,586 2,635,100 (146,486) 92% 88% 2,983,297 2,830,172 (153,125) REQUIREMENTS: Exp. Expenditures Personal Services 549,596 498,779 50,817 92% 83% i) 599,559 545,878 53,681 Materials and Services 1,810,494 1,398,274 412,220 92% 71% c) 1,975,084 1,817,183 157,901 Capital Outlay 92 - 92 92% 0% 100 - 100 Contingency 374,508 - 374,508 92% n/a 408,554 - 408,554 TOTAL REQUIREMENTS 2,734,690 1,897,053 837,637 92% 64% 2,983,297 2,363,061 620,236 NET (Resources - Requirements) 46,896 738,047 691,151 - 467,111 467,111 Beginning NWC per Approved Budget 467,111 a) Federal grants adjusted to projected actual b) FY 2011 Budget includes $8,374 which was received in FY 2010. Additional $9,924 grant received c) Governor's mandated State General Fund reductions in July & Sept 2010. Additional $19,900 grant received d) Community donations received for "Week of the Young Child" & building partner reimbursements adjusted to actual e) Mary's Place court fines greater than projected f) Interest revenue projected to be less than budgeted g) Youth conference donations will not be received h) LAUNCH grant will be reported in Public Health (Fund 259) $100,000 - SPF grant will not be received i) Personnel costs will be less than budgeted due to open positions-increased due to .50 FTE working additional hours SOLID WASTE Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues Miscellaneous Refunds/Reimbursements Franchise 3% Fees Commercial Disp. Fees Private Disposal Fees Franchise Disposal Fees Yard Debris Special Waste Interest Leases Sale of Carbon Credits Donations Sale of Equip & Material Recyclables Total Revenues TOTAL RESOURCES REQUIREMENTS Expenditures Personal Services Materials and Services Debt Service Capital Outlay Transfers Out-Road Contingency TOTAL REQUIREMENTS Year to Date Revised Year End Budget Actual Variance FY % Coll. % Budget Pro'ection Variance $ 392,509 $ 318,001 $ (74,508) 100% 81% $ 392,509 $ 318,001 $ (74,508) 25,667 20,166 (5,501) 92% 72% 28,000 22,000 (6,000) - 15 15 92% n/a - 15 15 183,333 206,615 23,282 92% 103% 200,000 209,015 9,015 770,000 773,977 3,977 92% 92% 840,000 860,000 20,000 1,204,500 1,186,334 (18,166) 92% 90% 1,314,000 1,314,000 - 3,354,083 3,560,026 205,943 92% 97% 3,659,000 4,000,000 341,000 66,917 73,260 6,343 92% 100% 73,000 75,000 2,000 22,917 41,631 18,714 92% 167% a) 25,000 44,000 19,000 11,458 7,999 (3,459) 92% 64% 12,500 8,850 (3,650) - 1 1 92% n/a - 1 1 73,333 - (73,333) 92% 0% b) 80,000 - (80,000) - 3,240 3,240 92% n/a - 3,240 3,240 - 100 100 92% n/a c) - 100 100 18,333 46,046 27,713 92% 230% d) 20,000 49,000 29,000 5,730,541 5,919,410 188,869 92% 95% 6,251,500 6,585,221 333,721 6,123,050 6,237,411 114,361 92% 94% 6,644,009 6,903,222 259,213 Exp. 1,498,400 1,490,149 8,251 92% 91% 1,634,618 1,631,569 3,049 2,627,010 2,221,925 405,085 92% 78% e) 2,865,829 2,771,678 94,151 889,227 970,066 (80,839) 92% 100% 970,066 970,066 - 135,667 84,545 51,122 92% 57% f) 148,000 145,661 2,339 267,428 218,805 48,623 92% 75% 291,740 291,740 - 672,610 - 672,610 92% n/a 733,756 733,756 6,090,342 4,985,490 1,104,852 92% 75% 6,644,009 5,810,714 833,295 - 1,092,508 1,092,508 NET (Resources - Requirements) 32,708 1,251,921 1,219,213 Beginning NWC per Approved Budget 1,092,508 a) Bonneville Power did large clean-up of contaminated soil-unexpected revenue b) No market at this time. Not expected to market this fiscal year c) Minor revenue for sale of gate remotes d) Markets for recyclables varies throughout the year - usually declines during Winter e) Larger expenditures (i.e. grinding at $75,000) will be made in Spring 0 Software purchase in process; also, $30,000 from contingency needed for safety covers for Knott Transfer Trailer Bays RISK MANAGEMENT Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beginning Net Working Capital Revenues Inter-fund Charges: General Liability Property Damage Vehicle Workers' Compensation Unemployment Claims Reimb-Workers' Compensation Claims Reimb-Gen Liab/Property Process Fee-Events/Parades Miscellaneous Skid Car Training Interest on Investments TOTAL REVENUES TOTAL RESOURCES Appropriations/Expenditures Direct Insurance Costs: GENERAL LIABILITY Settlement / Benefit Defense Professional Service Insurance Loss Prevention Repair / Replacement Total General Liability PROPERTY DAMAGE Insurance Repair / Replacement Total Property Damage VEHICLE Professional Service Insurance Loss Prevention Repair / Replacement Total Vehicle WORKERS' COMPENSATION Settlement / Benefit Professional Service Insurance Loss Prevention Miscellaneous Total Workers' Compensation UNEMPLOYMENT - Settlement/Benefits Total Direct Insurance Costs Insurance Administration: Personal Services Materials & Service Capital Outlay Total Insurance Administration Contingency TOTAL REQUIREMENTS NET Year to Date Year End Budget Actual Variance % of FY % Coll. L Budget Projection Variance $2,500,000 $2,374,541 ($125,460) 100% 95% 307,847 307,847 0 92% 92% 269,517 269,517 (0) 92% 92% 167,484 167,484 (0) 92% 92% 830,831 825,466 (5,365) 92% 91% 156,234 155,864 (370) 92% 91% 27,500 - (27,500) 92% 0% 18,333 28,481 10,148 92% 142% 1,375 2,010 635 92% 134% 1,833 - (1,833) 92% 0% 20,167 15,538 (4,629) 92% 71% 27,500 14,618 (12,882) 92% 49% 1,828,622 1,786,825 (41,797) 92% 90% 4,328,622 4,161,366 (167,256) 92% 93% Exp. $2,500,000 $2,374,541 ($125,460) 335,833 335,833 294,019 294,019 182,710 182,710 906,361 906,361 - 170,437 170,437 30,000 30,000 - 20,000 30,000 10,000 1,500 2,200 700 2,000 250 (1,750) 22,000 17,000 (5,000) 30,000 15,000 (15,000) 1,994,860 1,983,810 (11,050) 4,494,860 4,358,351 (136,510) 62,818 21,915 7,935 155,221 999 250 366,667 249,138 117,529 92% 62% 400,000 260,000 140,000 153,414 14,790 275,000 168,204 106,796 92% 56% 1,839 390 14,968 69,093 110,000 86,290 23,710 92% 72% 586,180 6,250 102,569 48,110 33,071 595,833 776,181 (180,347) 146,667 267,377 (120,710) 1,494,167 1,547,189 (53,023) 265,332 266,858 (1,526) 209,765 156,931 52,834 92 - 92 475,188 423,789 51,399 2,150,934 - 2,150,934 4,120,288 1,970,978 2,149,310 208,333 2,190,388 1,982,054 300,000 180,000 120,000 120,000 100,000 20,000 92% 119% 650,000 829,181 (179,181) 92% 167% 160,000 347,377 (187,377) 92% 95% 1,630,000 1,716,558 (86,558) 92% 92% 289,453 289,453 - 92% 69% 228,834 228,834 - 92% 0% 100 - 100 92% 82% 518,387 518,287 100 92% n/a 2,346,473 - 2,346,473 92% 44% 4,494,860 2,234,845 2,260,015 - 2,123,506 2,123,506 Beginning NWC per Approved Budget 2,100,000 DESCHUTES COUNTY 911 Statement of Financial Operating Data Eleven Months Ended May 31, 2011 Year to Date Year End Budget Actual Variance % of FY % Coll. Budget Projection Variance RESOURCES: Beg. Net Working Capital $5,861,335 $ 6,691,945 $ 830,610 Revenues Property Taxes - Current 5,827,819 6,240,614 412,795 Property Taxes - Prior 126,500 277,047 150,547 Federal Grants 434,500 265,193 (169,307) State Reimbursement 9,167 19,219 10,052 Telephone User Tax 504,167 642,765 138,598 Data Network Reimb. 11,000 26,672 15,672 Jefferson County 28,417 40,234 11,817 User Fee 45,833 52,338 6,505 COPS Reimbursements 27,500 - (27,500) Contract Payments 64,167 32,134 (32,033) Miscellaneous 7,792 13,260 5,468 Interest 36,667 45,926 9,259 Interest on Unsegregated Tax 1,833 756 (1,077) Total Revenues 7,125,362 7,656,158 530,796 TOTAL RESOURCES REQUIREMENTS: Expenditures Personal Services Materials and Services Capital Outlay Transfers Out Contingency TOTAL REQUIREMENTS NET (Resources - Requirements) 100% 114% $5,861,335 $6,691,945 $ 830,610 92% 98% 6,357,621 6,357,621 - 92% 201% 138,000 277,047 139,047 92% 56% a) 474,000 332,336 (141,664) 92% 192% b) 10,000 20,921 10,921 92% 117% c) 550,000 642,765 92,765 92% 222% d) 12,000 26,672 14,672 92% 130% 31,000 40,234 9,234 92% 105% e) 50,000 52,340 2,340 92% 0% f) 30,000 - (30,000) 92% 46% g) 70,000 32,134 (37,866) 92% 156% 8,500 15,000 6,500 92% 115% 40,000 50,000 10,000 92% 38% 2,000 800 (1,200) 92% 98% 7,773,121 7,847,870 74,749 12,986,697 14,348,103 1,361,406 92% 105% Exp. 13,634,456 14,539,815 905,359 3,674,732 3,302,679 372,053 92% 82% 4,008,798 3,758,798 250,000 1,397,132 1,095,379 301,753 92% 72% 1,524,144 1,524,144 - 1,616,083 1,144,577 471,506 92% 65% 1,763,000 1,763,000 929,556 1,014,061 (84,505) 92% 100% 1,014,061 1,014,061 - 4,880,749 - 4,880,749 92% n/a 5,324,453 - 5,324,453 12,498,252 6,556,696 5,941,556 92% 48% 13,634,456 8,060,003 5,574,453 488,445 7,791,407 7,302,962 - 6,479,812 6,479,812 Beginning NWC per Approved Budget a) CAD-to-CAD budgeted $314,000 of which $265,193 has been received. Expect to receive $39,485 more by June 30 ODOT project budgeted $160,000 which will not occur this fiscal year b) GIS/Mapping revenue underbudgeted c) Received quarterly (Nov, Feb, May and Aug) for fiscal year d) Annual billings to agencies underbudgeted. All payments have been received e) Crooked River Ranch paid annual fee of $45,869 f) Revenue not expected this fiscal year g) All payments have been received 6,400,000 Health Benefits Trust Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES Beg. Net Working Capital Revenues: Internal Premium Charges P/T Emp - Add'I Prem Employee Prem Contribution COIC Retiree / COBRA Co-Pay Federal Payments Prescription Rebates Interest Total Revenues TOTAL RESOURCES REQUIREMENTS Expenditures: Personal Services Materials & Services Claims Paid-Medical/Rx Claims Paid-DentalNision Refunds Insurance Expense State Assessments Administration Fee PPO Fee Health Impact Deschutes Onsite Clinic: I Year to Date Revised Year End Budget Actual Variance FY % Coll. % Bud et Projection Variance $ 16,400,000 $ 16,988,140 $ 588,140 100% 104% $16,400,000 $ 16,988,140 588,140 10,308,833 10,457,013 148,179 92% 93% a) 45,833 42,187 (3,646) 92% 84% 458,333 448,345 (9,988) 92% 90% 893,750 1,314,919 421,169 92% 135% 412,500 669,962 257,462 92% 149% - 93,496 93,496 92% n/a - 94,970 94,970 92% n/a 91,667 101,643 9,977 92% 102% 12,210,917 13,222,535 1,011,618 92% 99% 28,610,917 30,210,675 1,599,758 92% 102% Exp. 11,246,000 11,400,359 154,359 50,000 45,000 (5,000) 500,000 485,000 (15,000) 975,000 1,425,000 450,000 450,000 715,000 265,000 - 93,496 93,496 - 94,970 94,970 100,000 109,000 9,000 13,321,000 14,367,825 1,046,825 29,721,000 31,355,964 1,634,964 118,507 117,264 1,243 92% 91% 129,280 129,280 - 11,412,678 11,194,746.77 217,931 92% 90% b) 12,450,194 12,127,642 322,552 1,715,429 1,631,945.41 83,484 92% 87% b) 1,871,377 1,767,941 103,436 - (77,444) 77,444 92% n/a - (77,444) 77,444 302,500 307,618 (5,118) 92% 93% 330,000 335,000 (5,000) 68,750 124,832 (56,082) 92% 166% 75,000 124,832 (49,832) 275,000 275,842 (842) 92% 92% 300,000 300,000 36,667 39,737 (3,070) 92% 99% 40,000 43,000 (3,000) 46,750 47,103 (353) 92% 92% 51,000 51,000 Healthstat 210,393 180,591 29,803 92% 79% Equipment 13,292 32,114 (18,822) 92% 221% Remodel 111,467 123,907 (12,441) 92% 102% Miscellaneous 56,742 43,912 12,829 92% 71% Other 138,546 49,859 88,686 92% 33% Total Materials & Services 14,388,213 13,974,765 413,448 92% 89% Capital Outlay 100 - 100 92% 0% Contingency 12,737,439 - 12,737,439 92% 0% TOTAL REQUIREMENTS 27,244,258 14,092,028 13,152,230 92% 47% NET (Resources - Requirements) 1,366,658 16,118,647 14,751,988 Beginning NWC per Approved Budget 229,520 229,520 14,500 32,114 (17,614) 121,600 123,907 (2,307) 61,900 61,900 - 151,141 56,141 95,000 15,696,232 15,175,554 520,678 100 - 100 13,895,388 - 13,895,388 29,721,000 15,304,834 14,416,166 16,051,131 16,051,131 15,500,000 a) Year End Projection is amount appropriated in operating departments' budgets. b) Projection based on annualizing 48 weeks of claims paid. YTD actual is an average of $265,609 per week. Deschutes County - Fair and Expo Center YTD-Budget Basis Commissioners Statement of Financial Operating Data Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Receipts: Special Events Revenues Interest Storage Camping at F & E Horse Stall Rental Concession % - Food Rights (Signage, etc.) Interfund Contract Miscellaneous Total Receipts Transfers In General Fund (001) Room Tax (160) Welcome Center (170) Annual County Fair (619) Reserve Fund (617) Total Transfers In TOTALRESOURCES REQUIREMENTS: Expenditures: Personal Services Materials and Services Debt Service Capital Outlay Total Expenditures Transfers Out - Reserve Fund Year to Date Year End Budget Actual Variance FY % Coll. % Budget Projection Variance $ 2,809 $ 6,590 $ 3,781 100% 235% $ 2,809 $ 6,590 $ 3,781 621,264 556,043 (65,220) 92% 82% 677,742 598,043 (79,699) 1,833 704 (1,130) 92% 35% 2,000 871 (1,129) 46,750 45,992 (759) 92% 90% 51,000 45,992 (5,008) 8,250 13,191 4,941 92% 147% 9,000 13,191 4,191 38,500 18,855 (19,645) 92% 45% 42,000 44,855 2,855 193,417 164,399 (29,017) 92% 78% 211,000 178,399 (32,601) 85,250 46,738 (38,513) 92% 50% 93,000 116,738 23,738 41,250 45,000 3,750 92% 100% a) 45,000 45,000 - 4,046 27,034 22,988 92% n/a 4,414 27,434 23,020 1,040,560 917,955 (122,604) 92% 81% 1,135,156 1,070,523 (64,633) 164,931 181,423 - 92% 92% 197,919 197,919 - 20,727 22,799 - 92% 92% 24,873 24,873 - 66,668 73,335 - 92% 92% 80,000 80,000 - 211,963 166,000 (45,963) 92% 72% b) 231,232 166,000 (65,232) 92 - (92) 92% 0% 100 100 - 464,379 443,557 (46,054) 534,124 468,892 (65,232) 1,507,748 1,368,102 (139,646) 92% 82% 1,672,089 1,546,005 (126,084) Exp. 854,235 792,501 61,735 92% 85% 931,893 862,009 69,884 528,628 491,756 36,872 92% 85% c) 576,685 553,814 22,871 105,933 115,561 (9,629) 92% 100% 115,563 115,561 1.03 92 - 92 92% 0% 100 - 100 1,488,888 1,399,818 89,069 1,624,241 1,531,384 92,856 9,167 - 9,167 92% 0% 10,000 100 9,900 Contingency 34,694 - 34,694 92% TOTAL REQUIREMENTS 1,532,748 1,399,818 132,930 92% NET (Resources - Requirements) (25,000) (31,716) (6,716) Beginning NWC per Approved Budget n/a 37,848 - 37,848 84% 1,672,089 1,531,484 140,604 14,521 14,521 75,000 a) Interfund contract revenue is for park maintenance, from Fund 130 and will be received by year end. b) Cash flow from Fair 2010 was $65,000 less than budgeted c) Year to date amounts include costs associated with BMW and FMCA events and expenditures for HVAC repairs. An increase to the Materials & Services category will be made via resolution, when required. 0 C) r- A LO W) to a ~ Gt in r- E r r G r co V ° c, V ~ O N C tss H d } is y ^ N rn ti d U. O) Of N tG C V- E M 0 N C O t O t O t6 tR M CA Of M M N O ap Olt E T- C%4 C4 O f.% N E.;Z O y , 0 (D c C E O V C ~ . o « to C m ~ myu, +y+ _ C d) ~ U- y E 0 0 O O C ; 1.- J . 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O M V) Cn LO r N r r Cl) 00 00 O C t O O M N N N C (6 2 V' O MOM O N O~ O N N N N C) U) 'It N N to 14 M O M O M O O U) O O O 00 CO M (G N C O U') U) r 00 O O O U) h O h M O M N O M N 00 co ' to O (o O N N * O - N V' CO to CO Lo M r N 0 (O M M O O (D U ) N to 00 M O N (0 to ~ N N O N CO CO O f r N 1- r _ 'T O Cl) O co O N O r- 0 N N N N O 0 'll N N tt'f Cl) O M O M O O U) O CD D O O M O N CO to LO co OO-O(o A OO~1-PMOMN.-OMN r- 00 co ' to O LO 0NN: O NvCO LO CO U)CO N(A (fl M M O O LO N O 00 co O r~ O CO N N (0 (D C r N r r N in O O C U E c (n 7 C? a) l U O (n E Z T Q 0 ` O 2 c 0 U co w o H co 0) y(n Qmca U) c m O to to (D m c tya Li (n a- N 'O C C i fY O d O C L i 7 (a o c: E U o M 'c c U) Q) c ccM c n D)N C) Z U O cn y a a) 75 0 C O) to co M W i m (A m _N N C> c M 0 m e O CO M O_ (/I C C ID a C C O_ O "O O O C 0 H w p:6 M O ~w0 X MQwwJd ~LLCL< HUH M ix -j 05 0 5 F- w Z U E= L-° d z L() M 0 N r O ~ U Cfl O O 0 (1 U U O C (0 7 C6 ~ M C f6 -p 0) tU U M 2 00 n. ~ N U ~ C O C 7 C LL O U) C U 7 7 U 0 M O O C O =30 0 N U 0 v L Efl ~ to .0 c > MO O d O U O C 7 > N a o N ~ U U C O 7 (n M N M ~ O N M O EA N U N t c w oco (n 00 NCO N N N O Q CD of CD U it O o Q o ' o 00 C O N m0~ m m Deschutes County Bethlehem Inn (Fund 128) Eleven Months Ended May 31, 2011 RESOURCES: Beg. Net Working Capital Revenues Grants - Private Lease Payments Total Revenues TOTAL RESOURCES REQUIREMENTS: Expenditures Debt Service: Interest Expense Interest Payment TOTAL REQUIREMENTS Year to Date Year End Budget Actual Variance FY % Coll. % Budget Projection Variance $ (2,725,000) $ (2,722,510) $ 2,490 100% 100% $ (2,725,000) $ (2,722,510) $ 2,490 2,384,167 - (2,384,167) 83% 0% 2,861,000 - (2,861,000) - 24,408 24,408 83% N/A - 24,408 24,408 2,384,167 24,408 (2,384,167) 83% 1% 2,861,000 - (2,861,000) (340,833) (2,698,102) (2,381,677) 83% -1984% Exp. 30,000 17,182 12,818 83% 48% a) 83,333 - 83,333 839/6 0% 113,333 17,182 96,152 83% 13% NET (Resources - Requirements) (454,167) (2,715,283) (2,285,525) a) Interest on May 2011 negative cash balance: $1,325.19 b) Inception through May 31, 2011 Revenues - Lease Payments $ 24,408 Expenditures: Land/Building (Amertitle) - July 2007 2,241,313 Hickman Williams 17,578 City of Bend - May 2008 250,000 KN EX CO 5,289 Kleinfelder 3,732 Total expended on facility 2,517,913 Interest on Negative Cash Balance 221,779 Total expended 2,739,691 Net $ (2,715,283) 136,000 (2,722,510) (2,858,510) 36,000 18,500 17,500 100,000 - 100,000 136,000 - 100,000 b) - (2,722,510) (2,758,510) Deschutes County Summary - Expenditures Compared to FY 2011 Budget FY 2011 Appropriations - M&S and Capital Outlay Expended to date in FY 2011 Remaining Appropriation Balance Due on Contracts Remaining Appropriation after contracts paid in full FY 2011 Expenditures for other activities (a) Remaining Appropriation after Contracts/Other (b) Additional Appropriation in Contingency and Reserve for Future Expenditures "Area A" "Cell 5" Landfill SW Capital Closure Projects Fund Fund 611 613 Total ui /,1"IU 1,5(8,638 3,395,848 436,648 1,806,022 . 2#242-o"XI 380,562 772,616 1,153,178 341,522 131,482 - 473; 94 39,040 641,135 680,174 52,210 616,702 668,912 13,170 24,433 11,263 274,011 551,196 825,207 a) Fund 611 FY 2011 Expenditures for other activities through April 30, 2011 are interfund loans totalling $52,210 for the Humane Society of Redmond. b) An appropriation transfer will be made prior to the end of the fiscal year. Deschutes County - Solid Waste Area A Closure and Cell 5 Construction As of May 31, 2011 Engineering Contract G. Friesen Associates, Inc. Original Contract Change Orders: Change Order #1 (Note a) DEQ requirement for gas detection Change Order #2 LFG well field management SOPs Change Order #3 Storm sewer realignment, drainage, Area A thickness Total Contract Amount Paid Through June 30, 2010 July 1, 2010 through May 31, 2011 (Final payment made December 2010) Balance Due Construction Contract M A DeAtley Construction Inc Original Contract - @ estimated cu.yd. Amended Contract - @ revised cu.yd. and damages Change Orders: Change Order #1 Meet CEC requirements, increase to electrical panel, Change Order #2 Storm sewer realignment due to refuse encountered Change Order #3 Revise valve vaults for improved efficiencies Change Order #4 Add'I cover material from what will be Cell 6 Change Order 95 Environmental controls building, pump station bulkheads Change Order #6 Adjustment to pipe alignment to increase slope Change Order #7 (not likely to occur) Change Order #8 Additional rock to be set aside for future needs Change Order #9 Manhole covers below grade to meet Road Dept requirements Change Order #10 Modular Block Wall instead of MSE Wall Change Order #11 Upgrade of cables (pump and leachate) Change Order #12 Leachate Line connection from Cell 5 to Cells 3 & 4 Change Order #13 Additional cover material due to settling Change Order #14 Well modification, flow meter less LFG vaults Damages Total Contract Amount Paid Through June 30, 2010 July 1, 2010 through May 31, 2011 Balance Due Total of Engineering and Construction Contracts: Original Contracts Change Orders and Damages Total Contract Amount Paid Through June 30, 2010 July 1, 2010 through May 31, 2011 Balance Due "Area A" "Cell 5" Capital Landfill Closure Projects Fund Fund 611 613 Total 241,869.00 182,516.00 424,385.00 19,656.00 - 19,656.00 21,500.00 - 21,500.00 34,316.00 33,431.00 67,747.00 317,341.00 215,947.00 533,288.00 254,413.44 153,904.42 408,317.86 62,927.56 62,042.58 124,970.14 2,097,140.50 3,290,779.98 5,387,920.48 2,284,885.13 3,552,521.82 5,837,406.94 14,302.54 24,885.69 32,690.70 1,332.00 45,095.00 45,095.00 - 14,302.54 24,885.69 - 32,690.70 148, 958.89 148, 958.89 - 1,332.00 2,486.98 55,853.20 5,938.50 2,422,374.74 1,707,132.00 373, 720.63 341, 522.11 2,526,754.13 212,961.61 2, 739, 715.74 204,700.00 204,700.00 - 2,486.98 5,167.76 5,167.76 2,200.00 2,200.00 6,354.75 6,354.75 - 55,853.20 5,938.50 (35,000.00) (35,000.00) 3,929,998.22 6,352,372.95 2,054,537.51 1, 743, 978.95 131,481.76 3,735,037.82 410,907.40 4,145,945.22 3, 761, 669.51 2,117,699.58 473,003.86 6,261,791.94 623,869.01 6,885,660.95 1,961,545.44 2,208,441.93 4,169,987.37 436,648.19 1,806,021.53 2,242.,6042 ` 341,522.11 131,481.75 '41U(086 Note: There will not likely be additional payments to M A DeAtley until Spring. 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U N E c' E rn c O 07 O O, I m I E m• c p, 0 07 yI~ N NI c ~I l - EI E: rn c + • , lp'wN'O 07101! p 0 I mIN c > a7 m E p71~ I ~c UI'N N I O m c~' E, rn NI INIC 0 N c pHI NI c (?'y V apc j ` U o p ~ UII~ p p H, o._ - i¢ ¢ p OI oI~'o- ¢I~;c~ ~1 I, o H' Io1(U-1~1 ¢I H >,;o U- o j U~¢ ~ I o o S'= o C) ¢ ¢I~~O j ( iU a UI~ItG N p'CL j (Ci i ~ l I¢ ; I ~ I I O I l I I I I I II I I I II I D I REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Chapter 15.04 to Adopt the Updated Fire Code and * ORDINANCE NO. 2011-022 Declaring an Emergency. WHEREAS, Deschutes County Staff initiated a text amendment to Deschutes County Code ("DCC") Chapter 15.04 in order to adopt the most recent state adopted fire code ; and WHEREAS, the Board of County Commissioners considered this matter and concluded that the proposed changes are consistent with the County's Comprehensive Plan and that the public will benefit from changes to the land use regulations; and WHEREAS, adoption of this ordinance by emergency is necessary because adoption of this ordinance is occurring during the summer months where more fires are likely to occur and Deschutes County should be able to apply the most recently updated state regulations to prevent fires and protect the public health and safety; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 15.04, Building And Construction Codes And Regulations, Is amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined and deleted language set forth in stfilerreugl3. PAGE 1 OF 2 - ORDINANCE NO. 2011-022 Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this of , 2011 ATTEST: Recording Secretary Date of 1 S` Reading: Date of 2nd Reading: Commissioner Tammy Baney Anthony DeBone Alan Unger Effective date: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ALAN UNGER, Commissioner day of , 2011. day of , 2011. Record of Adoption Vote: Yes No Abstained Excused day of , 2011. PAGE 2 OF 2 - ORDINANCE NO. 2011-022 Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. Specialty Codes and Building Requirements Adopted-Enforcement. 15.04.020. Repealed. 15.04.030. Repealed. 15.04.035. Repealed. 15.04.037. Repealed. 15.04.040. Repealed. 15.04.050. Repealed. 15.04.055. Repealed. 15.04.060. Repealed. 15.04.070. Building Abatement Code-Adopted. 15.04.080. Fire Code-Adopted. 15.04.085. Wildfire Hazard Zones. 15.04.090. Definitions. 15.04.100. Mobile Homes-Placement Permit-Inspection. 15.04.110. Expedited Construction Start. 15.04.120. Mobile Homes-State Certification Required. 15.04.130. Building Permit Issuance-Zoning Conformance-Planning Department Approval. 15.04.140. Industrial/Commercial Structure-Occupancy Certificate Required. 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. 15.04.160. Permit Fees-Adjustments. 15.04.170. Numbers for Addresses- Placement. 15.04.180. Administration-Enforcement. 15.04.190. Conditions Deemed a Public Nuisance. 15.04.200. Violation-Penalty. 15.04.210. Requirement for Water Service From Water Districts. 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. 15.04.010. Specialty Codes and Building Requirements Adopted-Enforcement. In the erperatecl-areas under the jurisdiction of the County, the County shall administer and enforce pursuant to ORS 455.153, the following specialty codes and building requirements as though the specific specialty codes and building requirements were ordinances of the County: A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. C. Temporary parks requirements adopted under ORS 446.105. D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. E. Park and camp requirements adopted under ORS 455.680. (Ord. 2011-022, §2, 2011; Ord. 96-055 §2, 1996) 15.04.020. (Repealed by Ord. 96-055 1996) 15.04.030. (Repealed by Ord. 96-055 1996) 15.04.035. (Repealed by Ord. 96-055 1996) 15.04.037. (Repealed by Ord. 93-044 1993) 15.04.040. (Repealed by Ord. 96-055 1996) 15.04.050. (Repealed by Ord. 96-055 1996) 15.04.055. (Repealed by Ord. 91-025 1991) Chapter 15.05 1 (04-6/201106) Page 1 of 7 - Exhibit A to Ordinance 2011-022 15.04.060. (Repealed by Ord. 96-055 1996) 15.04.070. Building Abatement Code- Adopted. A. Except as provided in DCC 15.04.070(B), a certain book or publication, a copy of which is on file with the County Clerk, marked and entitled, Uniform Code for the Abatement of Dangerous Buildings, 1994-7 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the building abatement code for the unincorporated areas of the County for regulating and controlling the repair, vacation, demolition and abatement of dangerous buildings in the unincorporated areas of the County. The building abatement code adopted and on file in the County Clerk's office is referred to and by this reference made a part of DCC 15.04 as though fully set out in DCC 15.04. B. The Uniform Code for the Abatement of Dangerous Buildings is adopted as amended below: 1. The words "or premises" are inserted after the word "building" under sections 401, 402, 403, 404, 701, 703, 802 and 901; 2. Chapter 9 is amended as follows: Section 901. Account of Expense, Filing of Report: Contents. The Director of the Community Development Department shall keep an itemized account of the expense incurred by the County in the repair or demolition of any building done pursuant to the provisions of section 701(C)3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the Board a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (c) of section 401. Section 902. Report Transmitted to Board-Set for Hearing. Upon receipt of said report, the Board shall fix a time, date and place for hearing said report and any protests or objections thereto. The Board shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appear on the last assessment roll of the County. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour and place when the Board will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Section 903. Protests and Objections- How Made. Any person interested in or affected by the proposed charge may file written protests or objections with the Board at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Section 904. Hearing of Protests. Upon the day and hour fixed for the hearing, the Board shall hear and pass upon the report of the director together with any objections or protests. The Board may make such revision, correction, or modification in the report or the charge as it may deem just; and when the Board is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Board on the report and the charge, and on all protests or objections, shall be final and conclusive. Section 905. Personal Obligation and Lien Against Property. (a) General. The Board may thereupon order that said charge may be made a personal obligation of the property owner and/or assess said charge as a lien against the property involved. (b) Personal Obligation. If the Board orders that the charge shall be a personal obligation of the property owner, it shall direct County Legal Counsel to collect the same on behalf of the County by use of all appropriate legal remedies. (c) Lien. If the Board orders that the charge shall be assessed as a lien against the property, it shall direct County Legal Counsel to take all necessary action to perfect the lien under the provisions of ORS 87. Chapter 15.05 2 (04-6/201106) Page 2 of 7 - Exhibit A to Ordinance 2011-022 Section 906. Lien. (a) Priority. Any lien filed pursuant to this chapter shall have the priority established in ORS 87 for construction liens. The lien shall continue until the principle and all interest due and payable thereon are paid. (b) Interest. Any such lien filed shall bear interest at the then legal rate. Section 907. Foreclosure of Lien. The lien filed pursuant to section 905 of this chapter shall be foreclosed as provided in ORS 87. Section 912. Disbursement of Lien. All money recovered from the sale of the property through lien foreclosure proceedings under ORS 87 shall be paid to the County Treasurer, who shall credit the same to the County general fund. (Ord. 2011-022, §2, 2011; Ord. 95-005 §1, 1995; Ord. 88-027 §1, 1988; Ord. 83-056 §5, 1983) 15.04.080. Fire Code-Adopted. cix rcrc~ uni€eiRn 1-2i Code, 1994 Editx , State of Ofegen 1996~andments, e€€eetive April 1, 1996 The 2009 edition of the International Fire Code, as published by the International Code Council and as amended by the Office of State Fire Marshal, a copy of which is on file with the County Clerk„ hereinafter referred to as "fire code," hereby is adopted in its entirety as the fire code of the County and incorporated by reference herein for- replating the hazards ffem storage, handling ead ese of hazardous substanees, mater-ials (Ord. 2011-022, §2, 2011; Ord. 97-024 §1, 1997; Ord. 93-006 §1, 1993; Ord. 90-005 §4, 1990; Ord. 86-068 §1, 1986; Ord. 83-056 §6, 1983) 15.04.085. Wildfire Hazard Zones. A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file with the County Clerk. B. Adoption of the Wildfire Hazard Areas map implements the provisions of Seeti 326 of q4° 1998 Tk4efa 4ie fta One and Two Family Dwelling Gedethe Wildfire Hazard Mitigation Section of the Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A). (Ord. 2011-022, §2, 2011; Ord. 2001-024 § 1, 2001) 15.04.090. Definitions. Whenever appropriate in applying the provisions of DCC 15.04, the following words and phrases are defined as set forth in DCC 15.04.090. "Appointing authority" means the Board of County Commissioners. "Building Department" means the office of the County Building Official or his designee. "Building official" means the person designated by the Board as the Building Administrator. "County" means Deschutes County, a political subdivision of the State of Oregon. "Fire chief' means the applicable chief of any rural fire protection district or the chief of any fire department of a special service district.. "Mobile home" has the meaning provided in DCC Title 18. "Modular or factory-built home" means a factory-built dwelling unit designed to be transported to a site and the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the purposes of DCC 15.04. (Ord. 2011-022, §2, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §12, 1983) Chapter 15.05 3 (04-6/201196) Page 3 of 7 - Exhibit A to Ordinance 2011-022 15.04.100. Mobile Homes-Placement Permit- Inspection. No mobile home shall be occupied within the unincorporated areas of the County without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 95-063 §1, 1995; Ord. 83-056 §7,1983) 15.04.110. Expedited Construction Start. A. Notwithstanding any other provision set forth in DCC 15.04, the Deschutes County Community Development Department is authorized to allow the commencement and undertaking of certain construction work for certain types of single-family residences served by sewer and certain types of garages prior to the issuance of building permits. The Building Safety Director shall have the discretion to limit the kind of construction project to which DCC 15.04.110 applies and the extent to which such construction can proceed before building permits must be issued. Such discretion shall be exercised in a manner calculated to protect public safety and to limit applicability to projects with a very high probability of gaining ultimate approval under applicable land use and building codes. B. In all cases, owners or their authorized representatives shall have applied for required building permits. Before commencing construction under DCC 15.04.110, owners and any general contractor employed by the owner shall be required to sign a form of agreement with the County, acting by and through the building official or the Director of the Community Development Department or such other persons as the Board may designate, by which the owner and any general contractor agree at a minimum to assume all risks associated with proceeding before building permits are issued, agree to call for required inspections under the applicable building code and to correct any construction deficiencies noted, agree to take remedial action, including but not limited to removal of construction work, in the event that the plans submitted for approval are ultimately not approved by the Community Development Department, and to indemnify the County for any damage suffered by reason of commencing and undertaking construction under DCC 15.04.110. C. Any owner wishing to proceed with construction under DCC 15.04.110 shall apply to the Community Development Department for approval and pay an application fee in an amount determined by the Board. D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110 by any owner or contractor who is a party to such an agreement shall be treated as if it were a violation of a provision of DCC 15.04. Enforcement under DCC 15.04 shall be in addition to any remedies set forth under the Agreement. (Ord. 95-063 §1, 1995; Ord. 91-046 §1, 1991) 15.04.120. Mobile Homes-State Certification Required. No modular or factory-built home shall be located in the unincorporated areas of the County until such modular or factory-built home has been certified by the state as meeting all state requirements. (Ord. 95-063 §1, 1995; Ord. 83-056 §8,1983) 15.04.130. Building Permit Issuance-Zoning Conformance-Planning Department Approval. No building permit shall be issued for the construction, reconstruction, remodeling, enlargement, alteration, repair or conversion of any dwelling unit containing two or more dwelling units, commercial or industrial structure, or public use structure until plans therefor, including plot plan, are submitted to the Planning Department and approved by it as conforming to the zoning ordinances of the County. (Ord. 95-063 §1, 1995; Ord. 83-056 §10, 1983) Chapter 15.05 4 (04-6/201196) Page 4 of 7 - Exhibit A to Ordinance 2011-022 15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required. No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued. (Ord. 95-063 §1, 1995; Ord. 93-052 §1, 1993) 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. No building permit or mobile home placement permit shall be issued if the parcel of land upon which the building or mobile home is to be erected or located on, or is located on, would be in violation of DCC Title 17, the subdivision title or DCC Title 18, the zoning title. A subdivision shall be deemed to be in violation of the zoning ordinance for the purpose of issuing building permits so long as roads and other improvements remain uncompleted in accordance with the applicable subdivision provisions. (Ord. 95-063 §1, 1995; Ord. 83-056 §11, 1983) 15.04.160. Permit Fees-Adjustments. The fees for permits under DCC 15.04 shall be the fees prescribed by the State Building Codes Agency. The County may set any permit fee at any amount approved by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. Such fees may be waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. (Ord. 2006-002 §1, 2006; Ord. 96-058 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-006 §1, 1993; Ord. 83-056 § 15, 1983) 15.04.170. Numbers for Addresses- Placement. Numbers for addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from a distance of 50 feet. Such numbers or addresses shall contrast with their background and shall be the official address number as assigned the property by the County, the City of Bend, the Redmond Fire District, or the City of Sisters. (Ord. 95-063 §1, 1995; Ord. 83-056 §9, 1983) 15.04.180. Administration-Enforcement. The building official as defined in DCC 15.04 shall administer and enforce DCC 15.04, except that the provisions of the fire code shall be administered and enforced by the applicable fire chief. (Ord. 95-063 §1, 1995; Ord. 83-056 §13, 1983) 15.04.190. Conditions Deemed a Public Nuisance. Any act or condition which is in violation of any of the provisions of DCC 15.04, which is committed, continued or permitted, is declared to be a public nuisance, and the County may, in addition to any other remedies provided by law, institute the proceedings for the enforcement of DCC 15.04. (Ord. 95-063 §1, 1995; Ord. 83-056 §18,1983) 15.04.200. Violation-Penalty. A. 14 is , lawf l for- any per-son, fH:m or- eefpemtien to ereet, eenstmet, ealaFge, alter, r-epR;~ ~ im»Fw, ° eewAeft, aemeli.h, o1 rf u of e YJ or- maintain w,,:iaiRg, ^`me-t,,..e Ar- th. as of the CewAy, or- eause the same to be r „ done, eefftfaizy to or- in ,ielatiea ef any Counl . ..,,-suant to ORS 455.153Violation of any provision of DCC 15.04, any specialty code or building code requirement administered by the County pursuant to ORS 455.153, or the fire code is a Class A violation. Chapter 15.05 5 (04-6/201186) Page 5 of 7 - Exhibit A to Ordinance 2011-022 4. If a structure or structure modification requiring a water source for human consumption is constructed without the required building permit and the water source is irrigation water, the use shall be a violation of this code provision. C. Existing users of Irrigation District or System water for human consumption may comply with these state and federal regulations by modifying their systems to obtain water from private wells, a public or private water system, or a water hauling service. If existing users do not modify their systems, upon notice of an existing user's non-compliance with the state and federal regulations regarding water supply for human consumption, the County shall notify the appropriate irrigation district. (Ord. 2002-011 §1, 2002) Chapter 15.05 7 (04-6/201106) Page 7 of 7 - Exhibit A to Ordinance 2011-022 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending and Adding to Deschutes County Code Title 1 to Allow for County Administrator Appointment of Code Enforcement Officials and to Adopt Administrative Hearings Procedures for Building and Fire Code Violations and to and Declaring an Emergency. * ORDINANCE NO. 2011-023 * * * * WHEREAS, Deschutes County Code ("DCC") requires Deschutes County Code Enforcement Officials other than public safety officers to be appointed by the Board of County Commissioners ("Board"); and WHEREAS, it is more efficient for the County Administrator to be the appointing authority for Code Enforcement Officials; and WHEREAS, in 2009, the Oregon legislature adopted Senate Bill 915 that required local hearings procedures instead of citations to court for building code violations; and WHEREAS, Deschutes County Staff initiated a text amendment to add DCC Chapter 1.17 in order to implement Senate Bill 915; and WHEREAS, the Board considered this matter and concluded that the proposed changes are consistent with the County's Comprehensive Plan and that the public will benefit from changes to the land use regulations; and WHEREAS, adoption of this ordinance by emergency is necessary because Deschutes County will not have a means of enforcing alleged violations of the County's adopted building code without this text amendment in place; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 1.16., Code Violations And Enforcement, is amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language underlined and deleted language set forth in stril ett . Section 2. ADDING. DCC Chapter 1.17, Code Enforcement Hearings Procedures, is added as in Exhibit "B," attached and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO. 2011-023 Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this of , 2011. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary Date of 1 s` Reading: Date of 2"d Reading: Commissioner Tammy Baney Anthony DeBone Alan Unger Effective date: ALAN UNGER, Commissioner day of , 2011. day of , 2011. Record of Adoption Vote: Yes No Abstained Excused day of , 2011. PAGE 2 OF 2 - ORDINANCE NO. 2011-023 Denotes provisions in this chapter remaining unchanged by Ordinance 2011-023. Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.010. Violations Deemed Class A or B Classification-Penalties. 1.16.020. Continuing Violations. 1.16.030. Violation Procedures-Statutory Provisions Adopted. 1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On-Site Sewage, Building Code, Subdivision Regulations and Land Use Regulation Violations. 1.16.035. Search Warrants-Statutory Provisions Adopted. 1.16.040. Other Remedies Not Precluded. 1.16.045. Private Right of Action. 1.16.050. Stop Work or Use Tag Violations. 1.16.060. Continuation of Certain Liabilities. 1.16.070. Code Enforcement Officials-Designation by Boar-dCounty Administrator. 1.16.080. Code Enforcement Officials- Appointment Status. 1.16.090. Penalty for False Information on Noise or Animal Control Violation. 1.16.070. Code Enforcement Officials- Designation by 1M.County Administrator A. The-14eafd, by efder-,County Administrator shall designate individuals, in addition to peace officers, who are employees or agents of the county, to enforce violations of county ordinances. B. Private individuals who commence actions under subsection C of this section are not agents or employees of the county. C. A private person may commence an action for a noise offense under DCC 8.08, or an animal control violation under DCC 6.08 by signing the complaint before a magistrate, clerk or deputy clerk of the court or sheriff's deputy. D. The action commenced by a private person shall be entered in the court record. E. If an ORS 153.045 uniform violation citation form is not used, then a complaint under DCC 1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided in DCC 1.16.090, that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. F. A certificate conforming to DCC 1. 16.090 shall be deemed equivalent to a sworn complaint. G. When the complaint is certified by a private person, the court shall cause the summons to be delivered to the defendant. The court may require the County Sheriffs Office to serve the summons as provided in ORS 153.535(1). (Ord. 2011-023 §1, 2011; Ord. 2008-026 §1, 2008, Ord. 2007-028 §1, 2007; Ord.2002-016 §9, 2002; 98- 010 §1, 1998; Ord. 87-005 §1, 1987) 1.16.080. Code Enforcement Officials- Appointment Status. The appointment of a county officer to enforce violations of county ordinances shall be continuous until such appointment is revoked by the BeardCounty Administrator. (Ord. 2011-023 §1, 2011; Ord. 2002-016 §9, 2002; 87-005 §2, 1987) Chapter 1.16 (06/2011) Page 1 of 1 - Exhibit A to Ordinance 2011-023 Chapter 1.17 CODE ENFORCEMENT HEARINGS PROCEDURES 1.17.010. Applicability, exception. 1.17.020. Definitions. 1.17.030. Hearings officers. 1.17.040. Instituting civil penalty proceedings. 1.17.050. Notice of violation and proposed civil penalty. 1.17.060. Service of notice. 1.17.070. Setting the hearing, continuances. 1.17.080. Discovery and disclosure. 1.17.090. Hearings and decisions. 1.17.100. Penalty amounts and other orders by the hearings officer. 1.17.110. Collection of civil penalties. 1.17.120. Final decision. 1.17.010. Applicability, exception. A. Unless another procedure is expressly provided for, this chapter governs the procedure for the assessment of civil penalties authorized by the code. B. In all cases, a civil penalty is in addition to any other legal remedy available to redress violations of the code. C. This chapter does not apply to proceedings before and civil penalties imposed by the Animal Control Board of Supervisors. (Ord 2011-023 §4, 2011) 1.17.020. Definitions. As used in this chapter, unless the context requires otherwise: Notice means the notice of violation and proposed civil penalty issued to a violator under DCC 1.17.040. Violator means a person to whom a notice has been issued. Hearings officer means a person designed under DCC 1.17.030 to adjudicate civil penalty proceedings. Code enforcement official means a person designated as such under DCC 1.16.080(A) or in the case of enforcement of the Fire Code, a fire chief or the fire chief's designee. County means Deschutes County. Proceedings to enforce provisions of the Fire Code pursuant to this chapter shall be commenced in the name of the County. Person means any individual, partnership, corporation, or association. Chapter 1.17 1 (06/2011) Page 1 of 7 - Exhibit B to Ordinance 2011-023 1.17.030. Hearings officers. A. The Board of County Commissioners shall designate one or more hearings officers to adjudicate civil penalty proceedings under this chapter. B. Hearings officers may administer oaths in connection with their duties as hearings officers. (Ord 2011-023 §4, 2011) 1.17.040. Instituting civil penalty proceedings. A. Civil penalty proceedings may be instituted by the county official responsible for administering the county code provisions believed to be violated, a peace officer, or any other person specifically authorized by ordinance to institute civil penalty proceedings. B. Civil penalty proceedings are instituted when a notice of violation and proposed civil penalty is served on the violator as required by this chapter. (Ord 2011-023 §4, 2011) 1.17.050. Notice of violation and proposed civil penalty. A. The notice of violation and proposed civil penalty shall be on a form approved by Deschutes County Legal Counsel. B. Notices shall contain the following: 1. The name of the violator; 2. The sections of the code allegedly violated. If the applicable county code section(s) incorporate a state statute, rule, uniform code (such as the building code), or other source of law, the notice shall also contain citations to the sections of the applicable code, statute, or rule; 3. A brief description of the violation in such a manner as can be readily understood by a person making a reasonable effort to do so; 4. The date or range of dates for which the violator is believed responsible for the violation; 5. The location of the violation; 6. The amount of the proposed civil penalty; 7. Statements which advise the violator, in ordinary, nontechnical language of the following: a. The violator's right to a hearing; b. The date, time and location of the hearing; c. The procedures for requesting that the hearing be rescheduled; d. The procedures at the hearing; e. The requirement that the violator appear in person at the hearing or submit a written statement in lieu of appearing in person; and f. That if the violator does not appear in person at the hearing or does not submit a written statement in lieu of appearing in person: i. the full amount of the proposed civil penalty will be assessed; ii. the violator will be ordered to correct the violation; iii. Failing to pay a civil penalty or correct a violation after having been ordered or required to do so is a separate violation of the code and subjects the violator to Chapter 1.17 2 (06/2011) Page 2 of 7 - Exhibit B to Ordinance 2011-023 B. GRS 455.153- is Glass A v i e l a t i en. A person liable for prosecution under DCC 1.16.015(C) for a violation of DCC 15.04 or any code adopted therein is also subject to a civil penalty not to exceed $720.00 per day the violation exists C. The building official may institute proceedings to assess a civil penalty for any violation of this chapter or codes adopted herein except for violations of the fire code. D. A fire chief is authorized to assess a civil penalty for a violation of the fire code. E. A civil penalty for a violation under a building inspection program may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. F. The building official, a building inspector, or a fire chief may not serve as a hearings officer in proceedings to assess civil penalties under this chapter. G. A fire chief is authorized to issue citations that charge a person with a violation of the fire code. (Ord. 2011-022, §1, 2011; Ord. 2003-021 §31, 2003; Ord. 96-055 §2, 1996; Ord. 95-063 §1, 1995; Ord. 83-056 §17, 1983) 15.04.210. Requirement for Water Service from Water Districts. A. All new buildings requiring water service that are located within the boundaries of a domestic water supply district, water authority, joint water and sanitary authority or county service district ("district") shall be connected to and served by the district's facilities unless an alternate domestic water source is approved in writing by the district. 1. All building permit applications for new construction requiring an individual domestic water source located within a district shall include a written statement from the district on a form provided by the Community Development Department stating that the district will provide water service or that the subject building is not required to receive water service from the district. 2. This provision is not applicable to properties with an existing individual domestic water source. B. If the applicant is unable to obtain approval of the appropriate district within 15 days of submission to such district, the applicant shall provide written notification to the Community Development Department ("CDD") and, thereafter, CDD shall notify the district by certified mail that any objections to the issuance of the building permit must be filed with CDD within 15 days of the date of the notice or failure to respond shall be considered to be an approval of the proposed water source. (Ord. 2002-011 §1, 2002) 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. A. All water supplies serving as sources of human consumption must comply with the Federal Safe Drinking Water Act, as amended and regulated, as well as Oregon Revised Statutes. B. Irrigation District or System sources do not comply with these regulations, and shall not be permitted as sources of water for human consumption for new construction or structure modifications. 1. Applications for building permits for new construction that include cistern storage for water for human consumption purposes shall require conclusive proof that the source of cistern water is not irrigation water. 2. Construction modifications to existing structures or systems requiring County review and which have cistern storage for water for human consumption shall require conclusive proof that the source of cistern water is not irrigation water. 3. The Deschutes County Building Official shall not issue a building permit for any applicant failing to comply with these provisions. Chapter 15.05 6 (04-6/201196) Page 6 of 7 - Exhibit A to Ordinance 2011-022 additional civil penalties, court action, liens, garnishments, interest charges, and other involuntary collection remedies. 8. The date the notice was issued; 9. The address at which the violator may submit to the county written materials related to the notice; and 10. The name, title, and signature of the person issuing the notice. C. Corrections. 1. Any errors or omissions in the notice may be corrected at the hearing or at any time prior thereto. 2. The violator is entitled to be notified of any amendments or corrections to the notice. D. A violator claiming that an error or omission in the notice constitutes a defense or that the notice should be set aside shall advise the hearings officer of the claimed error or omission prior to the close of the hearing and request the notice be set aside. 1. Failure to request that the hearings officer set aside the notice due to an error or omission constitutes a waiver and will be an absolute bar to raising the issue at any later time or on appeal. 2. A notice may be set aside by a hearings officer only if the violator is prejudiced by the error or omission. 3. If the hearings officer sets aside a notice due to an error or omission, the county may reinstitute civil penalty proceedings based upon the same conduct, condition, or circumstance alleged in the notice which the hearings officer set aside. E. Legal Counsel may approve a form that contains information in addition to the information required by subsection (B) of this section. (Ord 2011-023 §4, 2011) 1.17.060. Service of notice. A. Service of a notice of violation shall be accomplished in any manner reasonably calculated, under all the circumstances, to apprise the violator of the existence and pendency of the proceedings and give the violator an opportunity to appear and defend. B. The violator may be served with the original notice or a copy thereof. 1. Copies need not be certified true copies. 2. The following methods of service are presumed to be reasonable under subsection (A) of this section: a. By personal delivery of the notice on the violator; b. By mailing the notice to the violator by first class mail and by any of the following: certified, registered, or express mail. i. Mail sent certified, registered, or express mail shall be sent with return receipt requested. ii. For purposes of this section "first class mail" does not include any form of mail which may delay or hinder actual delivery of mail to the addressee; d. By personal service on a registered agent, officer, director, general partner, or managing agent of a corporation, limited partnership or personal service upon any clerk on duty in the office of the registered agent; Chapter 1.17 3 (06/2011) Page 3 of 7 - Exhibit B to Ordinance 2011-023 e. By posting a copy of the notice in a conspicuous location upon the apparent main entrance to the dwelling or property and by mailing first class mail copies of the notice to the property and the address of the owner currently on file with the county tax collector. C. Service shall be deemed complete when personal service is accomplished or in the case of posted or mailed service the date on which the violator signs a receipt for delivery or 7 days after the mailing, whichever occurs first. (Ord 2011-023 §4, 2011) 1.17.070. Setting the hearing, continuances. A. The date, time and location of the hearing shall be set forth on the notice of violation. B. The county or the violator may request that the hearing be rescheduled. C. Requests by the violator to reschedule must be in writing and delivered to the county at the address designated on the notice. D. Except as otherwise provided in this section, requests to reschedule may be delivered by facsimile transmission, but not by e-mail. E. Requests to reschedule the hearing must be made at least 2 business days prior to the hearing date. F. Requests by the County to reschedule the hearing. 1. Request by the County to reschedule the hearing must be made in writing to the hearings officer with a copy served upon the violator. 2. If the county's request to reschedule is made 7 or more days prior to the hearing the County may serve the violator by first class mail, otherwise, service must be made in accordance with DCC 1.17.050. 3. Requests by the County to reschedule must include reasons for the request and the violator's position on the request. 4. If the County was unable to contact the violator for his or her position, the request must state the efforts made to obtain his or her position. 5. G. Decisions on requests to reschedule the hearing submitted within 60 days from the date the notice of violation is served will be made by the following officials: 1. For violations of the building code, decisions regarding whether or not to grant violator's request to reschedule a hearing shall be made by the building official or the building official's designee. 2. For violations of the fire code, decisions regarding whether or not to grant violator's request to reschedule a hearing shall be made by the fire chief for the district in which the violator's real property is located or the fire chief designee. H. Decisions on requests to reschedule the hearing submitted more than 60 days from the date the notice of violation is served will be made by the hearings officer. 1. Decision on reschedule request. 1. The person making the decision on the rescheduling request shall consider only the violator's written request to reschedule and information within the file which is available to the violator. 2. The decision denying the request to reschedule must contain a brief statement of the reasons for the denial. Chapter 1.17 4 (06/2011) Page 4 of 7 - Exhibit B to Ordinance 2011-023 3. A decision granting a rescheduling request shall contain the date, time and location of the rescheduled hearing 4. Decisions on rescheduling requests will be mailed to the violator by first class mail. (Ord 2011-023 §4, 2011) 1.17.080. Discovery and disclosure. Discovery in proceedings under this chapter is governed by ORS 135.805 to 135.873. (Ord 2011-023 §4, 2011) 1.17.090. Hearings and decisions. A. The hearings officer shall preside over hearings under this chapter and may set reasonable rules of procedure designed to facilitate orderly and efficient presentation of evidence provided the rules do not conflict with this chapter. B. Except as otherwise provided in this section, the violator must appear in person at the hearing. C. If the violator is an individual, he or she may submit a written statement in lieu of personal appearance in accordance with subsection (E) of this section. D. Violators who are not individuals must designate a director, officer, managing agent, member, or employee who has the authority to act on the violator's behalf and to give sworn testimony on the violator's behalf. 1. The designee must appear in person at the hearing. 2. The hearings officer may require the designee to testify under oath to establish his or her authority. E. Statements in lieu of appearance. 1. A written statement in lieu of personal appearance must be signed by the violator or on behalf of the violator and received by the county at the address on the notice at least 1 business day prior to the hearing. 2. Statements may be delivered via facsimile transmission, but not by email. F. Except as provided in subsection (K) of this section, all testimony must be given under oath. G. Hearings on notices involving the same person or persons, the same parcel of property, or common issues of fact or law may be consolidated and heard in a single proceeding; 1. The Oregon Rules of Evidence do not apply to hearings conducted pursuant to this chapter. 1. Any relevant evidence shall be admitted if it is of the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. 2. Although relevant, evidence may be excluded if the hearings officer determines its probative value is substantially outweighed by considerations of undue delay or needless presentation of cumulative evidence. J. The county may be represented by a fire chief for violations of the Fire Code, by a code enforcement official for violations of other than the Fire Code, by legal counsel or assistant legal counsel, by a peace officer, or by any person so authorized by a county department head or fire chief. K. Violator represented by an attorney. Chapter 1.17 5 (06/2011) Page 5 of 7 - Exhibit B to Ordinance 2011-023 1. The violator may be represented by an attorney licensed to practice law in Oregon or may represent himself. 2. The appearance of an attorney does not alter the requirement that the violator be personally present at the hearing. L. If the violator has personally appeared at the hearing or timely delivered a written statement in lieu of personal appearance, the county shall proceed first and have the burden of establishing the violations by a preponderance of evidence. 1. The violator proceeds second and, if personally present, may question the county's witnesses, present testimony and evidence and make argument. 2. If the violator is not personally present, the hearings officer may not consider any testimony, argument or evidence on behalf of the violator apart from the violator's written statement. 3. The county's representative may question the violator's witnesses. The county may offer rebuttal testimony or argument or both at the discretion of the hearings officer. A Penalty only hearing. 1. If the violator admits the violation and requests to be heard only on the issue of the penalty, the hearings officer may decide to proceed informally and dispense with sworn testimony. 2. In such cases, the hearings officer shall proceed in any manner which provides the county and the violator a full and fair opportunity to be heard on the issue of the penalty. N. If the violator fails to appear at the hearing and has not submitted a written statement in lieu of appearance, the hearings officer shall close the hearing and issue a decision assessing the proposed civil penalty and ordering the violator to correct the violation immediately. 0. Decisions of the hearings officer shall be written and issued within fourteen (14) days from the date of the hearing. 1. A decision is issued when it is mailed to the violator first class mail or delivered to the violator in person. 2. If the preponderance of evidence establishes one or more of the violations alleged in the notice, the decision shall briefly state the facts which constitute each violation. 3. If the preponderance of evidence does not establish one or more of the violations alleged in the notice the decision shall so state. 4. The decision shall advise that the violator may seek judicial review by filing a petition for a writ of review with the circuit court within 60 days of the date of the decision. P. Orders imposing a civil penalty and orders to correct a violation take effect upon personal delivery to the violator or upon mailing, whichever occurs first. (Ord 2011-023 §4, 2011) 1.17.100. Penalty amounts and other orders by the hearings officer. A. The hearings officer shall impose a civil penalty for each violation established. 1. The amount of the civil penalty shall be the amount proposed in the notice of violation unless the hearings officer finds based upon the evidence or statements of the violator that a lesser civil penalty is required to avert an injustice. 2. A decision imposing a lesser penalty shall state with particularity the reasons why a lesser penalty is justified under this section. Chapter 1.17 6 (06/2011) Page 6 of 7 - Exhibit B to Ordinance 2011-023 3. A hearings officer may order the civil penalty be paid immediately or at some other definite time. B. In addition to any civil penalty imposed, the hearings officer shall order the violator to correct each violation. 1. If the violator did not appear at the hearing or submit a written statement in lieu of personal appearance, the order shall require the violator to correct the violation immediately. 2. Otherwise, the violator shall be ordered to correct the violation within a definite period. 3. The hearings officer may order the violator to take specific corrective action if the hearings officer determines that doing so would facilitate compliance with the code. C. A failure to correct a violation as ordered by the hearings officer or pay a civil penalty when due is subject to a civil penalty of up to $500.00 for each day the violation is not corrected or civil penalty is not paid. (Ord 2011-023 §4, 2011) 1.17.110. Collection of civil penalties. A. Unless otherwise ordered by the hearings officer, civil penalties are due immediately. B. Unpaid civil penalties accrue interest at a rate of 9% per annum. C. The county has a lien on the real property where the violation occurred and on any real property in Deschutes County owned by the violator for the amount of a civil penalty plus accrued interest. D. The county may record the hearings officer decision in the county lien records at any time after 60 days from the date the decision was issued. E. The lien referred to in subsection (B) of this section attaches when the decision is mailed or personally delivered to the violator, whichever occurs first. 1. An order granting a violator time within which to pay a civil penalty does not affect the county's lien. 2. In all cases, the lien is for the full civil penalty together with accrued interest regardless of when payment is due. (Ord 2011-023 §4, 2011) 1.17.120. Final decision. The decision of the hearings officer is the final decision of the county. (Ord 2011-023 §4, 2011) Chapter 1.17 7 (06/2011) Page 7 of 7 - Exhibit B to Ordinance 2011-023