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2013-930-Minutes for Meeting April 03,2013 Recorded 5/6/2013COUNTY NANCYUBLANKENSHIP,P000NTY CLERKOE CJ 7013930 COMMISSIONERS' JOURNAL ~~~YIII~II~II~ 05I06I207310:16:9 p1 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 WEDNESDAY, APRIL 3, 2013 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, David Givans, Internal Auditor; Marty Wynne, Finance; Sheriff Larry Blanton; Mark Pilliod, County Counsel; Susan Ross, Property & Facilities; and three other citizens including Shelby King of The Bulletin. Chair Unger opened the meeting at 1:30 p.m. 1. Discussion of Testimony Stemming from the February 26 and March 12 Hearings on the Newberry Country Plan. Peter Gutowsky said this will be structured for a business meeting on April 15. The record was closed for oral testimony for a time. Since then they have received a few letters or e-mails. Mr. Gutowsky stated that a matrix has been provided, and the Commissioners can comment on what might be changed in the plan. The findings would be updated and the Board would start deliberating. The biggest topic is groundwater quality issues. There is a statement describing this issue. They hoped to use the DEQ statement as the description of the condition of the groundwater quality there. Testimony was raised to light as to whether this statement should be in this Plan. Planning staff created a matrix, a spectrum of options that might be beneficial to consider. This will help the Board understand why the DEQ statement has been used. This statement may be part of a Goal 11 exception, however. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 1 of 11 The first alternative on page 36 of the Plan is the direct reference off the DEQ website for the past three years. What is important as land use planners, they have to make some statements even if some residents are uncomfortable with it. Oregon has 19 Statewide Planning Goals, the first being citizen involvement. However, that does not trump other Goals. The County has to comply with Goal 6, relating to water quality. No evidence has been submitted to them to date that nitrates are not contributing to pollution. Deschutes County is involved in several programs that deal with groundwater quality. The County knows about groundwater challenges and is committed to addressing them. There are also two policies dealing with Goal 11, the potential for extending public sewer facilities. Also, once the DEQ Steering Committee makes a recommendation, they want a joint meeting with the Board. Alternative B wants to strike out the reference to groundwater quality, but they should have information on water resources as a part of it. Alternative C maintains the DEQ language but strikes out the references to unsafe levels associated with nitrates, etc. It recognizes the sensitivity along with groundwater protection. Alternative D is what is in the Plan today, as of January 2012. They relied on the DEQ language and must protect groundwater quality by law. The Planning Commission held two hearings and received testimony, but unanimously recommended keeping it in. He does not recommend Alternative E. For fifteen years, the County has been up front with RPS issues. Alternative F is not recommended but is informative. The report contains information on groundwater issues dating from the 1970's. It is this type of language that provides a foundation for an innovative approach to Goal 11. Mr. Lelack said it is important to work forward on a Goal 11 exception, and this information is helpful in this document. Commissioner DeBone said some of the wording is shocking, as it relates to health issues. Mr. Lelack feels that a decision for the Board might be between C and D. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 2 of 11 Chair Unger stated they need the options so they will be able to address solutions. He said that Ms. Forsythe is passionate about citizen involvement and there has been significant work done in this regard. Mr. Lelack added that there has been an effort to capture all the essential County issues. Commissioner Baney asked what they need to do today. There is sensitivity to each word. Mr. Gutowsky said that if the Board decides to take some language out, it makes all the discussions and outreach much less effective and makes some things insurmountable. Mr. Lelack added that they are asking that there be a justified need for the Goal 11 exception. Having something in the plan does this and bolsters the argument. The bar has to be very high. Chair Unger agreed. Commissioner DeBone said that the steering committee recommendations are important also, especially if they are looking at sewering. A nitrate box is a about a $10,000 addition. A hookup fee can be about the same, less the tank and drainfield. The Board had previously felt the nitrate reducing system was the best. Commissioner Baney said this was to be used if there were no other ways to do it, like a Goal 11 exception. Commissioner DeBone said that developing a sewer system won't be cheap, either. Commissioner Baney stated there is not a huge rush; can they wait for the steering committee's recommendations. Mr. Lelack said it could be adopted and then amendments made when this other work is done since no one knows how long it might take. Chair Unger said he would like to continue forward and use the rest of the Plan for a lot of different purposes, and then amend as appropriate later. Mr. Gutowsky stated that there are some who want to review the recommendations, but it might be a while before that happens. He noted that the DEQ steering committee has been at this for three years, and was not overly concerned about the Plan. They don't expect to meet again for at least a month. Commissioner DeBone spoke about the wording in Option C. He would like some language stricken. In the past five years, they have seen a reduction of population and activity in the area, and density won't be an issue for a while. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 3 of 11 Commissioner Baney stated that there are statements that the groundwater is becoming contaminated, but this might apply to just a few areas. Mr. Gutowsky said they were trying to find a way to keep the essence of the conditions in the region and that nitrates are being addressed. It can capture what has been taking place. The group will continue with this discussion after some wording changes. Mr. Gutowsky wants to honor other perspectives, but they have to keep the document meaningful. 2. Discussion of Jail Remodel Finance Options. Mr. Anderson stated that the Board voted to move forward with the expansion of existing jail facility. There are options on the financing package to pay for that, but he wants to make sure they won't lose time on the design portion. This allowed them time to get a handle on the budgetary part and what funds might be utilized, as well as general funds to come. They have done this, and are within a few days of finalizing the Budget Officers recommendations. They are in a better position to make further recommendations. Mr. Wynne stated that if bonds were issued for $8.4 million, the rate would be about 3% for 20 years. (He referred to a document, attached for reference) As discussed, there will be transfers in the current FY. More room tax funding is coming in and this takes weight off the general fund. It would be $2.6 million plus $8.4 million, with some paid this year out of the jail construction fund. The total project cost is $10.9 million, including medical and mental health improvements. Mr. Anderson stated the Board may want to include the Bethlehem Inn and Solid Waste loans, to take advantage of historically low interest rates. Nothing else was identified. The Bethlehem Inn is a County asset but no funding source has been noted. The fund is negative, but he does not recommend adding additional debt. Prior to the failed vote for a larger jail project, money was borrowed from Solid Waste for upfront costs. It was intended that a County land sale would pay for this work, but this has not happened. Many of the costs are applicable to this project. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 4 of 11 The interest rate on the debt to the Solid Waste reserves is equivalent or lower to the rate of a bond. At the current time, he feels it would be premature to add to debt by including this. It is possible that County land might be sold and applied to this debt in the future. Mr. Wynne stated that he wants to be sure they understand the agreement that when the bond is issued, it would be split 50% Sheriff and 50% general fund. The debt service fund would receive funds from both. This would become an ongoing expense from general fund for 25 years. If the Board decides to pay the entire amount on the Jamison Building, that has about 15 years to go. Sheriff Blanton stated that they will need money for radio equipment upgrades, so funds were set aside for this, while the Board figured out what to do with the Jamison debt. Infrastructure is different. They have 500 radio units. If dollars come out of the 9-1-1 fund, this only covers some radios, but not other equipment, which is very expensive. There is a federal and state mandate for narrow banding, and they need to set aside funds for that. He is not sure how smaller entities will do this changeover. Commissioner Baney said she does not know what the County's share of this will be. Sheriff Blanton said that the 9-1-1 contingency will be used for the overall system, but other costs will have to be borne by the agencies according to their share. He will have to set up a radio finance plan to cover this. There are 14 users and they are all in for their own part of this. It is a challenge. Commissioner Baney asked about the jail expansion and communications systems and the Solid Waste loan. That was part of the jail costs, and she feels that they should pay this down, on a payment plan, rather than wait for the sale of property. Sheriff Blanton stated that they have discussed this issue for some time. There were various fees and expenses to get to a tax rate that was acceptable to the Board. Much was borrowed from Solid Waste. Commissioner Baney wants to hear some options regarding the Solid Waste debt. Susan Ross said these dollars have already been expended, so they should not have to go into debt to cover this. They can start paying this expense off internally through a payment plan. Sheriff Blanton stated that his share of that would be about $300,000. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 5 of 1 I Mr. Anderson suggested that if the Board moves forward on a bond sale, the debt service can be part of the budget for the next year and he can work this out with the Sheriff before then. Since it is not an amortization schedule type of debt, it can be modified each year as the Board sees fit, including accelerating repayment. They retain that flexibility by preserving this internally. Chair Unger stated that there is also a philosophy to keep cash available. Mr. Wynne said it can offer opportunities that may be wise to take, to keep rates down or other services. They have been conservative over the years for times like this. They are also looking at historic all-time low rates. It is good that rates are low, but they may not stay this way for long. The Bethlehem Inn debt in particular is a lesson learned. In the future, they needed to know for sure where the funds are coming from. The budget was balanced the year this occurred but the grant went away as well as the loan. So the County ended up covering it through a variety of sources. The funding issue won't go away by itself and will continue to grow. Solid Waste is to be held harmless. There are two sides to the issue. It is a great time to issue bonds, but it is nice to have cash on hand. They have taken advantage with purchases over the years that have saved money, but sometimes it does not work out due to circumstances. He said no one knows what the next few years will bring. They have committed some to the jail bond, the Jamison Building and also the Solid Waste debt. Ongoing this might be okay, but best case is the stock market rallies, and PERS is favorable, and the Health Benefits Trust costs stay low. But if any of these things don't happen, they get backed up. Once they get upside down, something drastic will have to be done. Commissioner Baney asked if the Solid Waste loan can be capped. Mr. Wynne stated that this means it doesn't go higher and could hurt Solid Waste. They are to be held harmless. He has been in meetings where it was said that Solid Waste funds could be spent for other things, but even if legal, is it right. The interest rate keeps Solid Waste whole. The Board does not want to do that. No one knows where rates are going, which means someone wins or loses. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 6 of 11 Commissioner Baney said if they start paying costs back internally, they may end up paying more interest in future years when they could have bonded it at a lower rate now. Sheriff Blanton noted that it was pointed out that other County obligations will be satisfied, such as the Courtney debt service. He feels the Solid Waste debt is everyone's issue. He wanted to know if the landfill needs the money right now. Property sales may be part of the conversation at some point. He is in for $300,000 for this. Mr. Wynne stated it seems that somewhere there should be a list of property that could be sold. At one point, this could have been high. Commissioner Baney said that what saved them over the years was the ability to trade, and they should not sell at the bottom. Much is not saleable at this time. Ms. Ross said they have a list, but the County talked about this issue years ago to pay for the jail, and it was unrealistic. They don't have that much property and most have issues such as land use or access. That's what is left. There are State laws that determine how they can use the proceeds. There was a portfolio, but those dollar values are much lower now. Mr. Anderson does not recommend they sell anything right now. They should wait for the market to improve. They need to maximize their flexibility over the next five years. They are now looking for direction on the bond. Sheriff Blanton said they are rolling on the medical/mental health part of the project and he hopes for no construction delays. Also, they have not talked about the Solid Waste loan and whether some could be rolled into this project. Mr. Wynne stated that the Board would have to authorize a bond issue as prepared by bond counsel. He needs to know for how much and for how long. Mr. Anderson recommended the $8.4 million amount, at twenty years. He is willing to add the Bethlehem Inn and/or Solid Waste loan, or change the number of years. Commissioner Baney asked about the life of the jail, which is used 24/7. Sheriff Blanton said he knows they are asking the public for a lot. It is important to talk about this. In 25 years, there will be something else. As the County grows and more laws are passed, he hopes that the work center and the jail will last for a longtime. They also thought that the current jail would last a long time, too. No one knows. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 7 of 11 Commissioner Baney say they may need to make considerable adjustments to stay with the current jail site. In the interim, they might need additional expansions such as a kitchen and laundry. In twenty years, they may have to go out for more money. Sheriff Blanton said that the incremental needs will be his responsibility. They don't have a capital expenditure fund at the Sheriff's Office. He hears good things from the public; but also that they want him to live within his means. Mr. Wynne said there is no reimbursement schedule for the Bethlehem Inn, and when the north County campus issue is resolved, they could reimburse themselves from the Design Center sale, and use that for the Bethlehem Inn since it would be tax exempt. Chair Unger feels that there might be a conversation in the future regarding the value of the Bethlehem Inn, posing this to the public. The bond was proposed at $8.4 million for 25 years, to free up funds to start paying back Solid Waste. Commissioner DeBone was supportive. Commissioner Baney wants savings to buy down debt. Chair Unger said that philosophically he prefers 20 years, but can go with 25. She wants to figure out another way to pay down the Solid Waste loan. Sheriff Blanton said that they can finance this for 25 years but pay it off earlier if it makes sense. This helps during the lean years. Mr. Wynne noted that there is no wrong decision, but rates are very low right now. The final decision was to bond at $8.4 million for 25 years, and use the savings to pay down the Solid Waste loan. A Resolution will be prepared for formal approval. 3. Discussion of Room Tax Payments. Marty Wynne said there are a couple of property owners (companies) who have made room tax payments for years without problems, but the economy and other issues have made this difficult lately. One company, and the reason for this discussion, has unusual circumstances. The auditors missed a finding they should have found. Mr. Wynne requested a waiver on the penalty portion of the three years for which the auditors should have made a recommendation. He would also like to put the extended amount into a promissory note. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 8 of 11 Mr. Pilliod stated that the fact that the auditors made a mistake is not something that allows the taxes to be forgiven. Under Code, they could waive the penalties because in theory, if they had known, they would have paid and the penalties would not have been imposed. The tax is still owed. Also, they have asked for some relief in terms of the payment schedule, including taxes in arrears. The authority of the Finance Director to enter into this type of arrangement is very limited. That's where this stands today. He would frame the Board's forgiveness of the penalties based on payment of taxes per the schedule. The percentage for the penalty is set by the County. The Board was supportive of waiving the penalties if the note is paid as agreed. BANEY: Move preparation of the appropriate note and documents relating to this issue. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. 4. Other Items. Letter of Offer for the Permanent County Administrator. Chair Unger stated there is a letter of intent completed, and staff needs direction on drafting an employment contract with Mr. Anderson for consideration. Commissioner Baney said she was really impressed with the candidates this time around. It is important, because this decision will outlive her time in office and others. She felt that most could have served well. She added that Mr. Anderson is doing a great job. There was a strong pool of candidates and he rose to the top. It was because there was good competition but also that he was he right person. Commissioner Debone noted that it was at times an awkward situation, but was a good one. He is pleased they could come together. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 9 of 11 Chair Unger added that this strengthens the position since they did go through a process, with input and deliberations on the choices. Staff will be even more behind him due to this process. Sheriff Blanton said he echoes all this. They have been through some challenging times with interim administrators having to be a quick study on a lot of things. The right decision has been made. Mr. Wynne stated he personally voiced support for Mr. Anderson before, and thinks he is the best choice. Mr. Anderson said he is grateful to be asked to help last fall. He may have had some apprehension regarding the full process, but can say he agrees it was the right thing to do. It helped him also feel more validated. He gladly accepts the offer and they are working out the contract details. He is very excited to keep moving forward and using the expertise of all the outstanding people in the County to support him. He likes the stability and making things happen. UNGER: Move approval of the agreement. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. BANEY: Move approval of the minutes of the March 25 work session and business meetings. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Commissioner Baney said there is a hearing on HB 2262 regarding the consumer protection bill and foreclosures. This would require the owner or the property, typically a bank, to properly maintain the property while it is owned by them. There are few examples of problems here, but it is worse in the cities. Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 10 of 11 There was a brief discussion on the Alfalfa cell tower appeal hearing. The Board would like a neutral place for the hearing; possibly the community hall there if it is appropriate and available. Being no further items addressed, the work session ended at 3: 35 p.m. DATED this fl Day of ab4Ak 2013 for the Deschutes County Board of Commissioners. aL LL~~~ Alan Unger, Chair nthvly~, ' ' Tammy Baney, Vice air ATTEST: r'--~ . U & Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, April 3, 2013 Page 11 of 11 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M,, WEDNESDAY, APRIL 3, 2013 1. Discussion of Testimony Stemming from the February 26 and March 12 Hearings on the Newberry Country Plan - Peter Gutowsky 2. Discussion of Jail Remodel. Finance Options - Tom Anderson, Susan Ross 3. Discussion of Room Tax Payments - Marty Wynne 4. Other Items 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 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Post Office 1295 La Pine, Oregon 97739 Deschutes County Board of Commissioners 1300 NW Wall. Street, 2nd Floor Bend, OR 97701 March 29, 2013 Re: Public testimony regarding the South County Plan Dear Commissioners Baney, Unger and DeBone: Thank you for the opportunity to provide testimony concerning Newberry Country, A Plan for Southern Deschutes County. This testimony concerns page 36, "Groundwater Quality." As you heard in the hearings and in written testimony, people who live in South Deschutes County find the statements in that section, offensive, lacking in factual substance and highly likely to cause economic harm to homeowners and businesses in South Deschutes County. I would suggest that you strike the current language and replace it with the following quote from the USGS. It strikes a neutral and informative tone that I believe is positive and constructive: Groundwater Quality The interaction between ground water and streams is controlled largely by the relative elevations of the water table and adjacent streams. In the La Pine subbasin, south of Benham Palls, the water-table elevation is near land surface. Stream gains and losses along most of the Deschutes and Little Deschutes Rivers in this area are small, indicating relatively little net exchange between ground water and surface water. North of Benham Falls, the northward slope of the water table is larger than the slope of the land surface, so depths to ground water increase northward toward Bend. In the central and eastern parts of the study area, ground-water elevations are typically hundreds of feet below the elevations of streams. Although groundwater levels are considerably below stream elevations in this area, streams do not lose appreciable amounts of water, because streambeds have been largely sealed by infiltration of fine sediment. One notable exception is the Deschutes River, which loses on average approximately 11.3 ft3/s between Sunriver and Bend, likely into the youthful Holocene basalt erupted from Lava Butte'. Respectfully submitted, John Huddle, Ed.D. 1 Gannett, M., Lite, K. & Morgan, D. Collins, C. (2001). Ground - Water Hydrology of the Upper Deschutes Basin, Oregon. Water-Resources Investigations Report 00-4162. U.S. Geological Survey, U.S. Department of the Interior. P 73. Written testimony for page 36 of Newberry country Deschutes County Commissioners, March 29, 2013 Please adopt the suggested revision to the Newberry Country Plan as shown with the strike outs for Page 36, per Peter Gutowsky's memorandum dated March 21. As I stated in earlier verbal testimony, I don't feel this Plan should contain controversial statements. The language which was struck out is extremely controversial to me and many others who have worked on the groundwater issue for the past 6 years. The overall demeanor of the original DEQ language is quite negative. Stop for a second and consider what NOT said: - Newberry Country is blessed with some of the safest/purest/cleanest drinking water in the country! Analysis of nitrate well data shows that, except for isolated hot spots, the vast majority of wells are way below the state nitrate "action level". - Expanding on the above point, Newberry Country is NOT eligible for a Ground Water Management Area designation. Another point, the Health Department has NOT been a participant in the nitrate issue for Newberry Country (since I've been involved). CAG analysis of nitrate well data over the past decade indicates that nitrate levels are not increasing by any significant amount in Newberry country. Looking at the above points, it is clear that what was copied from the DEQ website is language that exhibits a very negative bias, and misleads the uninformed as to the true nature of the nitrate problem here in Newberry Country. The "Comment" in support of the original DEQ language: There is no evidence in the record to demonstrate that the safety of groundwater is not threatened by nitrate contamination from septic systems Seems to me to be a "you are guilty until you prove yourselves innocent" conjecture. If you re- read all of the "positive" statements above, realize that the real world nitrate data fails to define a problem that requires immediate onsite upgrades over all of Newberry Country. I completely disagree with the Comment: Striking the suggested groundwater references also undermines the justification for the BLM land transfer in 1998 that led to the creation the Neighborhood Planning Area in La Pine and the transferable development credit Page 1 of 2 4/1/2013 (TDC) program. To me, the last sentence of the paragraph: Since 2010, DEQ has assembled a steering committee of community members to discuss and make recommendations to improve groundwater protection in southern Deschutes demonstrates that there is concern/action about correcting the "platting sins of the 70's" in Newberry Country, and the BLM land transfer in 1998 was an example of earlier attempts at rectifying that foul deed. In summary, please adopt the suggested revision, and have the struck out text removed. Thankfully yours, Ronald J Sharbaugh Newberry Country Resident. Page 2 of 2 4/1/2013 rs Peter Gutowsky From: Nick Lelack Sent: Friday, March 29, 2013 2:32 PM To: Tom Anderson; Todd Cleveland; Peter Gutowsky Subject: Fwd: Written testimony re: Newberry Country-A Plan for South Deschutes County Nick Lelack Deschutes County 541-639-5585 Sent from my iPhone Begin forwarded message: From: Judy Forsythe <judybuR7669(a7,a.com> Date: March 29,2013,10-.46:36 AM PDT To: Tammy Baney <Tamrn .Bane deschutes.or Alan Unger <Alan.Un er deschutes.or Tony DeBone <Tony.DeBonekdeschutes.org>, Nick Lelack <Nick. Lelack@deschutes.org> Subject: Written testimony re: Newberry Country-A Plan for South Deschutes County Good morning, Commissioners Baney, Unger and DeBone, Please include this written testimony, submitted at 10:47 a.m. into the public hearing record re: Newberry Country - A Plan for South Deschutes County. WE, the public are 'weighing in' regarding the proposed DEQ language as suggested at the Planning Commission meeting of Nov. 8, 2012. I disagree with the 'substance' of the language on Page 6 of the staff s 'suggested revisions' regarding Proposed DEQ Groundwater Quality language. I respectfully ask the Board of County Commissioners to strike the DEQ language from our Newberry Country A Plan for South Deschutes County, once and for all. `FINDINGS' are addressed through Goals and Policies, not narrative excerpts, thereby rendering the potentially 'harmful' DEQ language not only unessential, but dispensable. Page 4 of 13, Exhibit E to Ordinance 2013-007 says that the following `findings' demonstrate that Ordinance 2013-007 complies with applicable statewide planning goals and state law' and then proceeds to list the `Goals and Policies' of the Newberry Country Plan. Exhibit E, page 7, also clearly states that Goal 6:...Water ...Quality is met. Air, Water and Land Resources Quality is met because, as demonstrated below, these plan amendments continue to contain policies that subscribe to protecting water and land resource qualities. 1 1. Goal 9 says to Partner with the Oregon DEQ to protect groundwater-and public health.and Policy 9.1 and Policy 9.2 are also listed. 2. I maintain that staff's concern regarding `findings' has been adequately shown. Therefore, I see no need for the DEQ language in our Newberry Country Plan. Respectfully, Judy Forsythe Newberry Country Constituents and Close Neighbor of North Klamath County Peter Gutowsky Illnpllul~l~lll~~ From: Nick Lelack Sent: Friday, March 29, 2013 2:31 PM To: Tom Anderson; Todd Cleveland; Peter Gutowsky Subject: Fwd: WRITTEN TESTIMONY for Public Record of Newberry Country-A Plan for South Deschutes County Nick Lelack Deschutes County 541-639-5585 Sent from my iPhone Begin forwarded message: From: Judy Forsythe <judybu 7g 669@,q.com> Date: March 29, 2013, 11:05:40 AM PDT To: Tammy Baney <Tamm_y.Baney@deschutes.org~, Alan Unger <Alan.Ungergdeschutes.org~, Tony DeBone <Tony.DeBone@deschutes.org~, Nick Lelack <N_ick. Le lackgdeschutes. orgy Subject: WRITTEN TESTIMONY for Public Record of Newberry Country-A Plan for South Deschutes County Good morning Commissioners Baney, Unger and DeBone, Please include this additional written testimony, submitted at 11:05 a.m. into the Public Record re: Newberry Country-A Plan for South Deschutes County. WE, the public are weighing in regarding the proposed DEQ language and staffs 2"d and 3rd comments on page 6 of the potential revisions. I disagree that striking the suggested DEQ groundwater references also `undermines the justification for the BLM land transfer' in 1998 that led to the creation of the Neighborhood Planning Area in LaPine and the transferable development credit (TDC) program (page 6 of suggested revisions.) 1. How long do we have to `carry forward' justification for the `1998 land transfer' which successfully occurred 15 years ago? It is well documented; I fail to see the connection between the 1998 land transfer and staff's attempt to justify 'potentially damaging' DEQ proposed language on page 36 in this PLAN, and, 2. The TDC program was a failure. Again, I fail to see how its mention justifies staff's attempt to use the same DEQ proposed language. The language may belong on DEQ's website, but it does not belong in our PLAN. The citizens did not request this language. This language falls short of being substantial, timely or useful in the context of our Newberry Country Plan; nor is it conducive to the VISION the citizens set forth. The language is 'potentially detrimental' to the progress that has been made in identifying common ground and shared goals acknowledged by residents and policy makers alike in both North Klamath and South Deschutes Counties. Why undermine, damage or possibly sabotage the good will between counties? I am respectfully requesting for the Board of County Commissioners to `delete' the proposed DEQ language from our Plan. Thank you, Judy Forsythe Peter Gutowsk From: Nick Lelack Sent: Friday, March 29, 2013 2:28 PM To: Peter Gutowsky Subject: Fwd: WRITTEN TESTIMONY: Newberry Country - A Plan for South Deschutes County Nick Lelack Deschutes County 541-639-5585 Sent from my iPhone Begin forwarded message: From: Judy Forsythe <j-udybug_7669com> Date: March 29, 2013, 11:25:03 AM PDT To: Tammy Baney <Tammy.Baney@deschutes.org>, Alan Unger <Alan.Unger(adeschutes.org ~ Tony DeBone TonY.DeBone(a7deschutes.org>, Nick Lelack e <Nick. Lelack@deschutes. orgy Subject: WRITTEN TESTIMONY: Newberry Country - A Plan for South Deschutes County Good morning Commissioners Baney, Unger and DeBone, Please include this additional written testimony submitted at 11:25 a.m. into the public record for Newberry Country-A Plan for South Deschutes County. I disagree with the `substance' of the language from the DEQ website and the staffs `repeated' attempts since Nov. 8th 2012 to include such in our Newberry Country Plan. The `thrust' of the selected DEQ language `unfavorably' includes and could 'negatively impact' our neighbors in N. Klamath County. It'is unjustified here and 'unbecoming' of our county staff whose obligations include `recognizing a special responsibility to plan for the needs of the disadvantaged'. Staff's inclusion of this language is inappropriate to the situation, unnecessary to justify FINDINGS and could be construed as 'reckless indifference'. We, the public are weighing in: this `narrative' language - not introduced by the public - and not required to justify FINDINGS - could realistically contribute to declining/damaging property values in both N. Klamath County as well as negatively impacting property values in South Deschutes County- while all the time - a solution is being sought. Therefore, while we can see no positive benefit, whatsoever, for including this DEQ language - we do see potential `harm and distress' for the communities mentioned. Please help us'polish' this Plan for South Deschutes County with a sense of forward thinking knowing we 'did no harm'. Please delete the DEQ language interjected by county staff. Respectfully, Judy Forsythe A C 3 O V s V of t 0 L O m a a L 4-1rr ir O V L L Q) mo GJ r~ c O 0. 0 O E 3 L U Q V'f a V C NNW I.I. Cr L 3 c 0 L ~I r o. u m 0 Z a Ap V! N In c 0 10 a 4 41 c z 7T r+ a d u,1 41 u Q = W O M ICU O L yam.. fC.. -0 a " c ~ C p a ^ O 2 (n a LA CIO 4« Cr M Y m 41 a •X v co d g L v 3 'n E N a 4 u m OD O T m ca. a d a=i cr a c tw ^2 O Q1 Cep T. A u O ~o + + m 0E_ a n E v r p c 3 c a v ga QLU Q v Cc - 0 a ~ ~ v f9 v e`o c : L 0 v a o CL In a ° a a c 6 • 3 - E v c a = ar O R a 0 00 a c fO - rn L i L O a M a 3 a a ) O v a O :3 Q a o 3 m 3 O 3 3 CL E v - E t a? 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Qp O o E v ~ p " " c E a a 7 0 o v LtJ p O v p v p N a 0 0 0 p O O u , N N 'n N a-i Ln cn r 4 7 M N C M O o ri Ll1' m L p ~ ,'x N di r-1 Lh qt N La ` :v N M c a O N rr G ~ u W FA -W v C c Ln o ,ss u N ~ Q1 yyO~ H O V/ E { a+ -A zaa - . r° M r-1 O N } C Q1 M a r+ O Ql N M LD ; t C ci Ln CL _ ' LD e M U Q C N j M Li T 'O ~ f0 31 C T C G LL C C . Li Vr O E E +r ~ ti 0 0 v a 0 a m w G dl w Ol to ~ CL 0 C C N y Q H H m a a a 0 o 0 Ln 0 Ln o o g c~g c tD N f~- LD v Q LO A rl' N 00 r-~ O ~I r1 LM O 1- N N v C R f6 ~ Ln c ~ a ~ o C E ~ ~ C oQ c C m u E w d C 'O m Li O o 0 c 0 O M N M G1 eo 3 O N Q .G C Q V) +w o a 'm C E a7 C 0 = a c J ~ d ~ N (U L n a i 3 ~ C Q LJ► LL DATE: March 18, 2013 TO: Tom Anderson FROM: Marty Wynne Finance Director and Treasurer RE: S & S Pence Investments' Room Tax Payments Attached please find two attachments: (1) Letter to S & S Pence Investments dated February 22, 2013, and (2) Letter from S & S Pence Investments dated 3/7113. As you are aware, S & S Pence Investments has fallen behind in making payments to the County for room tax revenue it has collected. Furthermore, it was discovered in a recent audit that room tax revenue was collected but not remitted to the County regarding cleaning fees and Internet access fees. This omission was not brought to the attention of S & S Pence Investments in previous audits, which was an oversight by our audit staff. Due to the fact that our auditors should have apprised S & S Pence Investments in previous years regarding cleaning fees and the Internet fees, it is my recommendation that the Board of County Commissioners waive the penalties of $13,662.67, which is the amount related to these fees as itemized in the attached correspondence. It is further recommended that the Board approve the extension of time for the remittance of the late payments as set forth in the attached documents. If the Board approves the extension of payments and S & S Pence Investments does not make payments in accordance with the extension schedule, the County will be forced to take legal action. Mr. Pence and his company have faithfully remitted the full amount of room tax due the County for many years. He has experienced unusual, and, I believe, non-recurring circumstances in the past two years, in addition to the problems all property owners in the Sunriver area have experienced due to the downturn in the economy. Copy: Mark Pilliod Cheryl Circle -fES v Deschutes County Finance Departme 0 i Marty 1Mllnna, Finance Blrecear and Trsasurar P.O. Box 6005 • Bend, OR 97708-6005 1300 NW Wall St, Suits 200 * Bend, OR 97701-1960 (541) 388-6559 6 pax (541) 749-2909 www. co. deschutes . or. us February 22, 2013 S & S Pence Investments Sunset Lodging Attn: Scott Pence PO Box 3515 Sunriver OR 97707 Re: Deschutes County Transient Room Tax Based on our meeting of February 14, 2013 in regard to transient room taxes due Deschutes County, we have projected the amounts due pursuant to a repayment schedule which you agreed to provide: 1. Taxes owing for August and September 2012 projected to Juno 30, 2013 total $57,207.33. Repayment of these taxes to be completed by June 2. Taxes due relative to cleaning and intereet access fees for the period of September 2009 thru August 2012 projected thru June 30, 2014 total $73,231.88. Repayment of these taxes to be completed by June 30, 2014. The attached spreadsheet details the transient room taxes due and projected penalties and interest. Please review this information and respond back to us by March 8, 2013 with your confirmation of the proposal, detailing the repayment schedule. Based upon your stated intention to sati* these obligations over the nest two years, I wanted to inform you that the code requires that I submit this matter to the Board of County Commissioners with your requested extension of time. The Board will also address the assessment of penalties, otherwise imposed by the code. 1 will recommend that the Board grant the extension and, assuming payments are received in accordance with the approved extension, that the Board waive assessment of penalties totaling $13,662.67. Please be advised that if the extension is granted interest will accrue at the rate of one percent (M) per month on the amount of Tax due. Sincerely, Marty Wynne Tax Administrator C: Tom Anderson, interim county Administrator Mark Pilliod, Legal Counsel Cheryl Circle, Finance Department h 1!1 b4 FH Y~ d! fA EH tl! EF} fH V! 64 fH W 0 0 p Qo E .Z 25 L rn r S N N N (V N N N N N ~~,j N N~ m= z RI. rp r r 9 ° c w E c w W m h i° ~ o $oy r~° ~0~ ^ ~j ~~~rppp Z M E In cc ~ N E C o Q :s 4 a ~ ,Q M fA ~ ~C PE y~ is Rog N 00 0p ~ a p N 8' ~ O z S $C~ a jSS U Y V C d `1 Il as r+~ r~..4 0 Z Ea ° ~ ~~am C C 1X, O•~~ G d L OD .,a nds u aY° I C) c g t "lit! ' 9o Ol a. otf off aD d C r x R aW c c c y 61 a ¢ r~ a~ d _ $ aapN 0. agora ~ ~ LV N N N N M ~ M cn n7 c+) M C t~ ~ ~ G ~Tp W Y `w r r r (ll r 0 h r a r a r Zi u5 6 2 pl h" N f~ M~ ~ M m GAO. ~ M~ E~0 Y M ~ E~4. (O O CO r N7 ~O Cj LL7 Q? (V 'A CD N L7 1©~ ~O~pp> C1 [A ~ Oi (V ((Qy [~Tj! p~ ~p YM" ~ ~ ~L (O Pp1 GAD' QwQ~~ ~ pWp~~ [V 4 1~ ~ X17 aD NN ~y ty tp i~0 cp m~ t0 ~ F N N Iy N h F n~~ M h w iri en M. Vs ir! iH Vs isr Ys Vs W to M tR Ys bs N N N N N N N N N <''i N C~~ O N N N ~ ~ N N N N N N N N N N j N N N N WM 0 a $ ~ EX ~E. g I t NW4 sNp W 4 O Q~ m ~gg m rn ° -S 82 U~ m KqW mo ~~a Ys E a~tF _N c m43 ~ p a ofi p m v E 41 p C 4 Q w ° p CL 19 a ~m~ o W $ 4 e s v~ L~ :,moo O A :5 5.~CPU 461 5 b ~ 3 w w w _2 Og H 15. a L W c r6 e w ~ ~ i~ ~ a u~i w` t~ ~ ~ a'~ r C~ •i~~ m~ pia W IT 13 i2f Sunse od Sunriver Vacation Rentals, ServkeSets Us Apart 4 To: Marty Wynne - Deschutes County Tax Administrator From: Scott Pence S and S Pence Investments - Dba Sunset Lodging Re: Deschutes County Transient Room Tax Date: 3n113 Marty, Per your request in the letter dated February 22d, 2013, I am following up with a proposed payment plan on: 1. Taxes owing from August and September of 2012 projected to June 30"', 2013 of $57,207.00 2. Taxes owing as a result of the findings in the recent audit related to cleaning and internet fees in the amount of $73,231.88. Item 1: Payment Plan: March 2013 - June 2013 March $ 8,000.00 April $ 8,000.00 Ma $ 8,000.00 June Igir-1 $ 33,207.33 87 207 33 *Please note - $10,000.00 was paid on February 14th. Item 2: As per your letter, I would like to request that I make a final proposal after the Board of County Commissioners has made a decision on the penalties which amount to $13,662.67. If they choose to follow your recommendation and waive the penalties due to the previous errors by the auditing firm, the outstanding amount will be $59,569.21 as opposed to $73,231.88. Scenario 1 Payment Proposal - The commissioners agree with your recommendation and the amount is $59,569.21: nocu- i itaa r:nunty -Audit Jul - $ 5000.00 August $ 5,000.00 September $ 5,000.00 October $ 500.00 November $ 500.00 December $ 2,500.00 January $ 1,000.00 February $ 1,000.00 March $ 2,500.00 April $ 1,000.00 May $ 2,500.00 June $ 33,069.21 TOTAL $ 59, 569.21 Scenario 2 Payment Proposal - Given the dollar amount ($73,231.88) and per our discussion associated with the penalties, I would ask that we extend the time period out for 2 additional months, which would include July and August of 2014. naRrhutes Ceminty -Audit Jul-------- - $ 5,000.00 August $ 5,000.00 September $ 1,000.00 October $ 500.00 November $ 500.00 December $ 1000.00 January $ 11000.00 Februa $ 1,000.00 March $ 1,000.00 A it $ 1,000.00 Ma $ 1000.00 June $ 15,000.00 Jul $ 20,000.00 Au st $ 20,231.88 TOTAL $ 73,231.88 Thank you for your consideration and willingness to ask that the Hoard waive the penalties assn iated with the audit due to the past errors of the Auditing firm. Sincerel Scot nce