1986-06139-Minutes for Meeting September 18,1985 Recorded 4/2/198686- 6139 vas 71 FACE 569
DESCHUTES COUNTY BOARD OF COMMISSIONERS
SEPTEMBER 18, 1985 REGULAR MEETING
Chairman Tuttle called the meeting to order at 9:00 a.m.
Commissioners Prante and Maudlin were in attendance; Rick Isham,
Legal Counsel, was also in attendance.
Amendments to
Chairman Tuttle noted that the following
the Agenda
items were added to the agenda:
1) Final Public Hearing on Special
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Road District No. 1, LID
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2) Consideration and Possible Signature
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of Letter Requesting Consideration
as Grantee for Oregon Traffic Safety
Commission Funds
Final Public Hear-
Dave Hoerning, Acting Director of Public
ing on Special
Works, presented the Engineer's Report on
Road District No.
Special Road District No. 1 to the Board.
1, LID.
Mr. Hoerning stated that on March 27, 1985,
the Board of Commissioners ordered that the
roads within the local improvement district
be improved by contract to a paved standard
that makes them eligible for inclusion in
the County maintained system. Mr. Hoerning
added that the Public Works Department
advertised for bids for the construction of
APR
district and on July 2, 1985, the bids were
opened with Bend Aggregate and Paving Company
being the low bidder at $494,212.00.
Mr. Hoerning stated that the bid was a lump
price; therefore, the Public Works Department
,,-, _
suggested that the bid amount of $494,212.00
be used to calculate the final assessments.
Mr. Hoerning stated that there are 1599 lots
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that do not front the road and 393 lots that
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abutt the road. The original cost was
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approximately $675 for the paved road
lots and $166 for the roads that were not on
the paved portions. The bids came in higher
a
than the Engineer's estimate; therefore, the
_
393 lots which front on the improved road
were rated at $723.00 per lot and the
remaining 1599 lots in the district were
assessed at $178.00. Mr. Hoerning stated
that at the present time 18 letters have been
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vol, 71 FarE 5'70
received from people objecting to their
assessment.
At this time Mr. Hoerning read the following
letter into the record:
"In reference to your notice of September 3,
1985, regarding proposed road assessment for
Special Road District No. 1, we are over-
whelmingly objecting to the charge as being
completely unfair. Our property is not on
the paved road - we are still eating dust.
Furthermore, of all the properties we have
ever owned in tracts, and had the road paved
in front of our property we paid for the
road, not our neighbors, regardless of who
used it. This is the first time we must pay
for our road in front of people' s homes and
for something we never agreed to. It is
outrageous to expect other landowners to pay
for their paved roads. It is pay or else.
Is this justice? We want this letter read at
the meeting - someone will check."
Mr. Hoerning stated that the Dowd's property
is on Island Loop Way which will derive quite
a benefit from use of the paved road.
Mr. Hoerning noted that letters have also
been received from the following people:
Donald Lane, Arthur Chase, Henry Peters,
Frank and Eleanor Ramarez, Howard Pruitt,
Eugene Gabriel, Tom Palmenter, Jerry Martin,
Mary Englebrett, Clarence Stash.
Commissioner Prante requested how many
remonstrances were received from the lots on
the road and how many of them were off the
road? Mr. Hoerning stated that he did not
have the information broken down.
Lewis Egmister, Lunar Drive, stated that he
has tried to get a permit to put in a septic
on his lot and failed. He was told 12 years
ago that he could build on his property; upon
arriving in the area four years ago, he was
told his lot was unbuildable. Mr. Egmister
stated that he did not think it was fair to
be assessed on an unbuildable lot even if it
does abutt the road.
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va 71 w-571
Commissioner Prante questioned the possi-
bility of the assessment being adjusted
because there is no septic permit.
Mr. Hoerning stated that there are several
other methods to provide sanitation to
lots that were unbuildable several years
ago. He noted that sand filters and a few
other methods are now available.
Karen Newcomb, 17300 Downey Road, read the
attached letter into the record and requested
a written reply.
R.B. Hamilton, 2529, NE 132, Portland, asked
the following questions:
1) Is Milky Way going to be paved?
2) Are lots that are further south, which
will be serviced by these improved
roads, going to be taxed?
3) Will the roads that have been improved
have a restricted weight limit?
Mr. Hoerning stated that Milky Way is paved
and will be assessed at $723. Mr. Hoerning
stated that everything within the Special
Road District has been included in the
assessment. Mr. Hoerning also stated that
there will not be weight limits on the road,
that they should be satisfactory to handle
the trucks that would be passing through.
Mr. Hamilton also asked how long the County
would be able to string out the assessments.
Mr. Isham stated that they would be spread
over ten years (20 equal installments).
Mr. Hamilton requested that the Board
consider setting some interest rates in the
ten year period and establish those as
soon as possible to the lowest percentage.
Commissioner Tuttle noted that the interest
will be determined at whatever rates the
bonds can be sold at.
Gerald Wilson, Springriver Road, stated that
he has lived in this area for six years and
owns three lots. Mr. Wilson stated that he
cannot obtain a septic permit and he does not
think it is fair. Mr. Wilson stated that he
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Vol, 71 FAcF 5'72
thought it was understood at the meeting last
year that they would not pay on the improve-
ments of those roads because there is
absolutely no benefit to them.
Commissioner Maudlin asked if they were on
the paved portion of Springriver Road.
Mr. Wilson stated that he was correct that he
feels that the assessment is totally unfair.
Commissioner Maudlin asked Mr. Wilson if he
received an assessment letter on his lot for
the road improvement? Mr. Wilson noted that
he had received the letter two weeks prior;
however, he never received a letter saying
that would be put on the assessment because
at the meeting last year it was determined
that they would not be put on the assessment.
Mr. Hoerning stated that they must have made
an error in the mailing and that they will
go through and correct the error.
Chairman Tuttle stated that the original
boundaries were drawn in such a way to
include anything that was included in the
road district and that was the reason for the
confusion.
Merle Berndt, 22280 Calgary Lane, lots 2 and
20, Sundance Ranch, stated that he turned the
lots over to his children. Mr. Berne noted
that lot 20 is an unbuildable lot - cannot
put in the septic tank. Mr. Berne noted that
he is being assessed $723 on this lot and
there isn't any pavement around it. Lot 2 is
assessed at $178 and both are located on
Indio.
Mr. Berndt stated that he is representing his
children because they do not live in the area
and it is really unfair, especially at $723
when a home cannot be built on it, and there
isn't a road being paved on it.
Mr. Hoerning noted that there is a portion of
Indio paved so anything that touches on
the road would be assessed at that and we
will have to look to see where his lot is
located.
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von 71 PACE 573
Wade Degast, 50015 Collar Drive, LaPine,
stated that he has a lot on Indio Road which
is unbuildable because it is not septic
approved. The property is worthless.
Mr. Degast stated that a sand filter is
approximately $8,000+, and the property is
not worth that.
Donald Lawrence, 56724 Lunar Drive, Bend,
stated that he has the same problem as the
others. He bought the lots in 1973, feasi-
bility was approved at that time.
Mr. Lawrence stated that he now has four
lots on Lunar where the assessment is
$723. Mr. Lawrence stated that he lives
on Lunar, but on the opposite side of the
street the other three lots need sand
filters and are non -saleable properties at
this time. Mr. Lawrence stated that the
road crew indicated that the contractor was
going to pave 25 feet into the driveway, and
questioned whether that was to be done or
not.
Mr. Hoerning stated that he was misinformed.
None of the driveways are to be paved.
Mr. Hoerning added that they would improve
the driveway if the Road Department created a
problem thereby allowing access back into
the driveway.
Mr. Lawrence stated that since Lunar is
finished there are speeding vehicles and
requested enforcement or speed limits to be
imposed on those roads.
Nancy Carter, LaPine Realty, representing
the Stenkemps, who own two lots on Fontana.
These lots are not septic approved.
Ms. Carter noted that she has tried to sell
these lots for $3,000 and has not been able
to. Ms. Carter added that the taxes are high
enough on the lots and the road assessments
are just going to add to it.
Joe Lymp, P.O. Box 3232, Sunriver, stated
that he owns two lots and one of them is on
the corner of Springriver Road and Solar
which has been assessed at $723 - he has no
problem with that. However, the adjoining
VIOL 71 P-CE 574
lot has access to Springriver Road and he is
assessed at $178 on that which he doesn't
feel is fair.
Wayne Days, P.O. Box 447, Sunriver, asked
what method the County used to arrive at
assessing the cost? How were bids requested
and received? And what would the amount of
difference between the County's estimate and
the actual cost of the road?
Mr. Hoerning stated that the notice of bids
were advertised in the Daily Journal of
Commerce in Portland, in the Redmond Spokes-
man, and the Bend Bulletin. There were a
total of three bids received on that subdivi-
sion.
Mr. Hoerning stated that they walked through
project and made an estimate based on
previous contracts. Mr. Hoerning noted that
during the past three or four years the
contractors have been bidding the jobs low
mainly to stay in business. This year,
however, there was so much work by the State
Highway Department -and other municipalities,
that they did not bid like they had the year
before so the estimates were higher.
Mr. Hoerning stated it was a lump sum bid
mainly to expedite the bidding and to be able
to get into Bancroft Bonding so it could
all be done this year. There was a short
construction period.
Mr. Hoerning noted that the cost, as reflect-
ed earlier, raised the unimproved lots from
$166.00 to $178.00.
Craig Riech, 5900 Sharp Drive, asked that now
that the roads are improved does this mean
that tax burdens for maintaining those roads
will go down because of all that pavement or
will it stay the same? Commissioner Prante
stated that they become into the County
system and the County maintains those roads
from here on out. Mr. Hoerning noted that
the cost of those roads will be borne by the
County so there will be a reduction in
operating cost in the special road district.
Mr. Hoerning noted that the County will be
contracting with the snow plow.
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vct 71 DACE 575
Mr. Degatz questioned why he was not noti-
fied. He did come to the first meeting
and the Hearing. However, the meeting was
put off to gather further information and
another meeting was to be rescheduled.
Mr. Degatz stated' that he was not notified
regarding today's meeting and added that the
project was already completed. Chairman
Tuttle noted that there were at least three
public hearings discussing the proposed
road. Mr. Hoerning stated that the Public
Works Department is only required to make the
first notification. Mr. Hoerning added that
the continuation of that meeting was sche-
duled for the following week; therefore
another mailing was not required.
Mr. Degatz stated that the meeting was not
held the following week that it was to be
held two or three months later.
Mr. Hoerning stated that it is a matter of
record when the meetings were held.
Chairman Tuttle asked Mr. Degatz if he had
sent in a letter of remonstrance at any time.
Mr. Degatz stated that yes he had - however
added that he never heard of a follow-up
meeting.
Chairman Tuttle stated that the meeting
was noted in the newspaper - it was not a
public hearing so there was not an official
notice sent out.
Jim Barrett, 19825 Fifth Street #2, Bend -
has a lot on the southeast corner of Covina
and Stellar which is an unbuildable lot -
there is free-standing water. Mr. Barrett
added that he is assessed at $723.00. There
is also a drainage ditch there so he can't
get to his lot without going through other
properties. He feels that this assessment is
unreasonable.
Chairman Tuttle requested further comments,
hearing none, he closed the public hearing.
Chairman Tuttle recommended that a special
meeting be held on Monday, September 23,
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V"111 71 Pnr576
1985, at 10:00 a.m. for consideration of
testimony received today and consider a
possible order on assessments for Special
Road District No. 1.
Signature of Con- Jim France, Deschutes County Sheriff, stated
tract with Warm that Warm Springs Police Department has made
Springs Reserva- a request for short-term bed space in the
tion to House County Jail.
Prisoners
Sheriff France noted that Warm Springs Police
Department is in the process of building a
new facility and received from their contrac-
tors a three to four week completion date and
therefore needs short-term bed space.
Sheriff France stated that Mike Maier had
made a proposal which involves trading our
bed space for bed space in the Warm Springs
Jail when our B and C tanks are remodeled.
MOTION: TUTTLE entertained a motion to sign
the Agreement contingent upon
County Counsel's review with the
Sheriff to provide an appropriate
agreement for short-term bed space
trade.
MAUDLIN: So move.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
Other Staff/ Kathy Drew, Family-Counseling/Mental Health
Public Concerns Division stated that she is requesting a
special request for approval of signature
pending Legal Counsel's review on a contract
amendment from the State that will ammend our
current contract with the State giving
them additional funds that we will turn
around and sub -contract to the Residential
Assistance Program that will allow them to
operate a five bed residential program for
mentally retarded, developmentally disabled
children.
Ms. Drew stated that the original plan was
for five children to come from the Children's
Unit at Fairview since they were going to
move those children out into the community.
The State agreed to give them the full
funding. Ms. Drew stated that the problem is
one of timing - the program has found a
facility that they would like to purchase and
one that is well-suited to their needs. They
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vuL 71 pm_ 67 1
need to
have the start-up money which the
State pays by next week. The State has the
$30,000
start-up check ready to go but they
cannot
release it until the contract is
signed by all necessary parties.
MOTION:
TUTTLE entertained a motion to
authorize signature, after County
Counsel review, between Deschutes
County and Mental Health Division
with the purpose of providing
start-up and operating funds for
the Residential Assistance Program
in addition, we will authorize
signature on the appropriated
amendment to our subcontract -the
Residential Assistance Program.
PRANTE: So move.
MAUDLIN: Second.
VOTE:
UNANIMOUS APPROVAL.
Possible Signa- Mr. Hoerning stated that this is the Ease-
ture of Acceptance ment for the PP&L partition.
of Easement to
Deschutes County MOTION: PRANTE moved to authorize signature
on the Easement.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to authorize signature
for Access and Maintenance Agree-
ment contingent upon Public Works
Department inspection and approval.
MAULDIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: PRANTE moved to authorize signature
of an Easement for Wildlife
contingent upon completed signa-
tures.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: MAUDLIN moved to sign the Easement
on the other parcel contingent
upon completed signatures.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
MOTION: TUTTLE entertained a motion to
sign the Access and Maintenance
Agreement for the second parcel.
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vet 71 w F 78
PRANTE: So move.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Signature of MOTION: PRANTE move to sign the Agreement
Improvement Guaran- with Sunriver Properties which
tee and Develop- insures the proper integrity of the
ment Agreement fill on the bridge on Cottonwood
with Sunriver Pro- Road.
perties Oregon Ltd. MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Discussion of Offer MOTION: PRANTE moved to turn down the gift
of Real Property for Account No. 221023 -CO -00300,
to Deschutes County Knight Finance Company.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved to sign Resolution No.
of Resolution No. 85-031, Amending Resolution
85-031, Adopting No. 85-025, Adopting the Deschutes
the Deschutes Co. County Budget - Nunc Pro Tunc.
Budget MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved to sign Resolution No.
of Resolution No. 032, Amending Resolution No.
85-032, Making Ap- 85-026, Making Appropriations of
propriations of 1985-86 Deschutes County Budget
1985-86 Deschutes MAUDLIN: Second.
Co. Budget VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved to sign License to
of License to Use Use Land for Mt. Bachelor Inc.
Land - Mt. Bachelor MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION:
of Personal Services
with William C.
Claridge, M.D.
VOTE:
Possible Signature MOTION:
of Revised State
Grant Application
for the Oregon Health
Department, Combined
Prenatal Health, Com -VOTE:
municable Disease etc.
PRANTE moved to sign the Personal
Services Contract with William
C. Claridge, M.D.
MAUDLIN: Second.
UNANIMOUS APPROVAL.
PRANTE moved to authorize Chair
to sign the Revised State Grant
Application for the Health Depart-
ment.
MAUDLIN: Second.
UNANIMOUS APPROVAL.
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VL. 71 FA�;c 579
Consideration of
MOTION:
PRANTE moved to sign Resolution
Resolution De-
No. 85-033, declaring a list of
claring Certain
attached property as surplus pro -
Property Surplus
perty.
Property
MAUDLIN: Second.
VOTE:
UNANIMOUS APPROVAL.
Consideration of
MOTION:
MAUDLIN moved to sign the Contract
Contract with
with Dennis and Ramona Turmon,
Dennis and Ramona
Auctioneers.
Turmon, Auctioneers
PRANTE: Second.
VOTE:
UNANIMOUS APPROVAL.
Possible Signature
MOTION:
MAUDLIN moved to sign MP -85-11,
of Huston/Barber
Huston/Barber for Pacific Northwest
for PNB
Bell.
PRANTE: Second.
VOTE:
UNANIMOUS APPROVAL.
Possible Signature
MOTION:
PRANTE moved to appoint Ruth Wahl
of Letter of Ap-
to the Deschutes County Planning
pointment to the
Commission.
Deschutes County
MAUDLIN: Second.
Planning Com.
VOTE:
UNANIMOUS APPROVAL.
Possible Signature
Postponed
of Letter of Ap-
pointment - JSC
Possible Signature MOTION: PRANTE moved to sign the Pro-
of Proclamation to clamation to designate the week
Designate the Week- of September 23 to September 29,
September 23 to 1985 as Recycling Week.
September 29 as MAUDLIN: Second.
Recycling Week VOTE: UNANIMOUS APPROVAL.
Possible Signature Chairman Tuttle noted the following OLCC
of OLCC Applica- License Applications:
tions
LaPine Moose Lodge
Good Food and Spirits
Beef and Brew
MOTION: PRANTE moved to authorize Chair
to sign.
MAUDLIN: Second.
VOTE: UNANIMOUS APPROVAL.
Possible Signature MOTION: PRANTE moved signature of letter.
of Letter Request- MAUDLIN: Second.
ing Consideration VOTE: UNANIMOUS APPROVAL.
11
V21 71 pAD.580
as Grantee for
Oregon Traffic
Safety Commission
Funds
The meeting was adjourned.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
LAURENCE A. TUTTLE, CHAIRMAN
0,' �Y/!'L
IS BRISTOW PRANTE, COMMISSIONER
DOOMM
BOCC:kbw
85-102
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