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HomeMy WebLinkAbout2008-08-25 Work Session Minutes 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, AUGUST 25, 2008 ___________________________ Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Susan Ross and Teresa Rozic, Property and Facilities; Mark Pilliod, Legal Counsel; Scott Johnson, Mental Health Director; Ken Hales, Community Justice Director; David Inbody, Assistant to the Administrator; Anna Johnson, Communications; Tom Blust, Road Department Director; and eight other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Property Management Update – Little Deschutes Lodge, La Pine. Teresa Rozic asked for an extension to December 31, 2008 so that the group can address a funding gap on the project. Oregon Housing & Community Services feels they can extend to October 31 but a few more months would make more sense. A representative of the project said that within three weeks they should know what the OHCS would do. The group thinks that even without that funding, they may be able to fill the need before the end of the year. If it is not closed by the end of the year, all options will have been exhausted. The Board consensus was to support a December 31 deadline. Ms. Rozic will prepare a Resolution in this regard. Susan Ross said that the interior road has not been built yet and Vic Russell has not been able to proceed with the roads leading up to this point. The road is needed for the project to continue. The County can participate 50/50 with Mr. Russell in this regard so that it can occur. Ms. Ross explained the costs and the amount that Mr. Russell is to contribute at some point. Minutes of Administrative Work Session Wednesday, August 25, 2008 Page 1 of 6 Pages Minutes of Administrative Work Session Wednesday, August 25, 2008 Page 2 of 6 Pages 2. Discussion regarding Secure Residential Treatment Facility Siting. Ms. Ross said an award letter from the State has been received committing a grant of $275,000 for this project. A contractor will manage the facility and the County is entitled to three beds. Ms. Ross went over the proposed site plan at this time. Commissioner Daly said that the rock removal costs quoted seem to be excessive. Solid Waste has this type of project being done now and the cost is much less. Ms. Ross will check on this. Ken Hales stated that there needs to be room for outdoor activities, and also for a place to gather in case of fire or other emergency. However, moving the fence in would eliminate any possible expansion of the facility in the future. The facility was designed to expand in that direction; going in any other direction would cost a lot more. Commissioner Luke said that there is capacity to operate for at least ten years. Mr. Hales stated that he would think it could be four or five years. Commissioner Luke stated that the pods now in use are not at capacity and one pod is not used at all, and it costs about $800,000 to open and staff the pod. Commissioner Melton observed that this is only if there are no ballot measures or legislation in the near future that affect the juvenile facility. After a brief discussion, the Board decided that it is time to move forward. The County will step up to the plate with the additional funding. Mr. Kanner pointed out that a fueling station also needs to be part of the overall plan. A station needs to be located on the north end of Bend since it would save a lot of time and expense in vehicles having to be driven to the Knott Landfill fueling station. Ms. Ross said that as part of the grant process, the State will lien the property. Appropriate grand documents will be prepared for Board signature. 3. Transient Lodging Tax; Review of Resolution and Ballot Language. Mark Pilliod said that he received from Wayne Shetterly re HB 2267 which was approved in the past. To summarize, he recalls that the leadership chose language intentionally that was ambiguous in regard to tourist-related facilities. Forest Road 45 is one case in point, since it is used heavily by tourists. Minutes of Administrative Work Session Wednesday, August 25, 2008 Page 3 of 6 Pages In his letter, Mr. Shetterly recognized that in some cases there can be a difference in roads that are maintained for tourist reasons or for general county reasons. Commissioner Luke said that he has spoken with Mr. Minton about this issue. He is concerned about contracts now in place. He wondered if it was brought in on January 1, could these contracts be considered. He suggested a .01 increase on September 1, 2009 with the second .01 on September 1, 2010. Mr. Pilliod would insert in the summary a statement on how those numbers would kick in. Commissioner Daly thought that the budget committee should deal with this in 2009. Commissioner Luke stated that it is not easy since the funds are not specifically dedicated. Commissioner Melton said that she doesn’t want to see an arbitrary increase but the goal is to address the importance of all the needs. Commissioner Luke said, if phased over time, can address some of these concerns. This frees up general fund money to do other things that need to be done. After further discussion, Commission Baney asked what the intent is for those dollars. Commissioner Luke said he would like the Budget Committee to make those determinations each year. Commissioner Baney stated that the Fair & Expo Center portion is understood but she is not sure this will achieve what is needed. Mark Pilliod said that the information provided is set out as examples for hat the Board feels is the proper direction for the funds. The Budget Committee would decide each year where those funds would go; the Fair & Expo may receive more or less each year; and the Committee would determine what amount would be needed for roads that are used primarily to support tourism. He said that the summary leaves it up to the Committee to decide. Commissioner Melton stated that she doesn’t want the Budget Committee to be backed into a corner. Commissioner Daly agreed that the original idea was to support the needs of the Road Department, and the Fair & Expo is secondary. The Budget Committee process is the right way to go, since things change each year and flexibility is needed. Each year COVA has to come before the Committee and justify why they should get the funds they request. There is some uncertainty but puts everyone on their toes. Minutes of Administrative Work Session Wednesday, August 25, 2008 Page 4 of 6 Pages Commissioner Daly said that he is reluctant to hand the Fair & Expo Center money easily. He feels that the concessions part of operations is not handled properly and could generate more money. He feels that local companies are not getting their fair share of business. He does not want to hand them a lot of funding until they make an effort to support more local, private industry in this regard. He is supportive of staggering the implementation of the two cent increase over two years so that the industry can honor existing contracts. Mr. Kanner said that the discussion started with concerns about Road Department funding but has evolved. Different scenarios were presented on how to handle this funding gap. One option is to put all of the funding into Roads, but this could result in a lawsuit. Another scenario was to split the funding between Roads, the industry and Fair & Expo. The third scenario was to put 30% into Roads and put $200,000 into maintenance of Road 45, and divide the remainder into COVA and the Fair & Expo. A lot of research into legal validity of this plan shows it is on solid ground. It does not fill all of the needs of Road but this will take using other options. The only way to fill the gap is through budget cuts and cuts in service. Available resources and the needs of the Department do not meet. Commissioner Melton said that perhaps they don’t have to be that specific, but there should be a maximum amount stated, perhaps a percentage, showing intent. Commissioner Luke said that the amount given to the Sheriff was not formally approved, and the amount given to COVA is through the budget process. This was not in the ballot title at the time. Flexibility needs to be given in this regard and it should not be that specific. The industry, the Road Department and the Fair & Expo will all have an opportunity to testify as to what they plan to do with the funds. Commissioner Melton feels it needs to be more specific so that everyone knows where they are. $200,000 for Road 45 should be allocated for each year for five years. Commissioner Luke stated that if there is an emergency in the future regarding Elk Lake or other locations, the funds may not be available as needed. Commissioner Melton feels it is the wrong time to do this if it is not specific enough to show where the money will go. Commissioner Luke asked what specific language Commissioner Melton wants regarding where the funds will go. Minutes of Administrative Work Session Wednesday, August 25, 2008 Page 5 of 6 Pages Consensus was to split the two cents being effective on consecutive years, and for it to be effective in September of those years since that is between peak tourist times. Commissioner Melton said that if it can be delayed, why not wait and do it all in 2010. Commissioner Luke wants to proceed now and put it before the voters. All of the entities need the funds and future State funding is going to be lost. Commissioners Luke and Daly support putting this on the ballot and for letting the Budget Committee make a decision each year on how the funding should be allocated. Commissioner Melton is not prepared to proceed with putting question on the ballot at this time. Mr. Pilliod will generate the appropriate documents for the Commissioners to review. This will be discussed further at the Wednesday, August 27 Board business meeting. 4. Economic Development Grant Fund Requests. ƒ Downtown Bend Business Association – Banners – Commissioner Melton granted $500. ƒ Fair & Expo Center regarding nonprofit pro bono use of the facilities – Mr. Inbody said that the Board had suggested that they request this money through the budget process. Commissioner Daly this was primarily to help small organizations be able to use the facilities. Commissioner Luke stated that these groups can apply for grant funds as needed. 5. Update of Commissioners’ Meetings and Schedules. None were discussed. 6. Other Items. None were discussed. 7. Executive Session, under ORS 192.660(2)(i), employment-related performance review. The Board convened in executive session at this time.