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1992-19900-Minutes for Meeting May 27,1992 Recorded 6/3/19920118-0723 92-19900 S MINUTEST N, DESCHUTES COUNTY BOARD OF COMMISSIONERS`,/",- /. May 27, 1992 Chairman Maudlin called the meeting to order at 10 a.m. B6ard members in attendance were: Dick Maudlin, Tom Throop and Nancy Pope Schlangen. Also present were: Brad Chalfant, Property Manager; Sukey Waller, CYSC; Jerie Schutte, Building Services Manager; Mike Maier, County Administrator; and Rick Isham, County Counsel. 1. PURCHASE OF LOT IN LAPINE INDUSTRIAL PARK Before the Board was an application from Rick, Sharon, and Pearl Riffle to purchase Lot 1, Block 2, in the LaPine Industrial Park. Brad Chalfant said the Riffles proposed to purchase the lot with cash. They would build a 601x 60' shop facility to allow consolidation of their LaPine and Port Orford truck repair shops. Their LaPine shop was currently operating in a residential area, and this move would resolve an ongoing zoning violation. This application was submitted to COIC for review and their analysis was that the project was feasible and the applicants' appeared to have the resources necessary for the project. The LaPine Chamber of Commerce was asked for their comments, however none were received. Commissioner Throop said when he gave a speech at the LaPine Chamber of Commerce, they were very vocal about this application and the LaPine Industrial Park in general. He said the community was divided over what they wanted the industrial park to be. He suggested that the Board ask the LaPine Chamber of Commerce to identify an Industrial Park Committee to be used as an advisory body for the Board. Sharon Riffle, 52787 Day Road, said going through this application process was very confusing and frustrating, and there was nothing in writing for them to know whether the County wanted a small business like theirs in the industrial park. She suggested the County streamline the process to encourage businesses to come to LaPine. Brad Chalfant recommended that the Board authorize this sale. If approved, the money would be placed in escrow until the conditional use permit and all land use applications were granted. THROOP: I'll move approval of the application by Riffle Repair to purchase Lot 1, Block 2 in the LaPine Industrial Park with the caveats that Brad Chalfant outlined conditioned upon getting land use approval, et al. PAGE 1 MINUTES: 5/27/92'�..',t,' �� f 2. 3. 4. 0118-0724 SCHLANGEN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PURCHASE OF WOOD ELEVATOR Before the Board was a request to purchase a new wood elevator for the Community Corrections wood yard. The current elevator (a conveyor belt used to move the wood) was a safety hazard and should no longer be used. They estimated it would cost more to fix than to buy a new one which would cost $6,900. Rick Isham pointed out that the public purchasing ordinance required that there be written quotes for any purchase over $5,000. The purchase would be made by the Public Works Department and paid back by Community Corrections over the next two years. Mike Maier said he felt it was critical that this equipment be purchase as soon as possible. MAUDLIN: I'll move purchase of the wood elevator subject to the bidding process. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES CYSC PLAN AMENDMENT Before the Board was signature of a CYSC Plan Amendment for the 1991-93 biennium. Sukey Waller said this amendment corrected two errors which were made by the State. MAUDLIN: I would entertain a motion for Chair signature. SCHLANGEN: So moved. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES PERSONAL SERVICES CONTRACT WITH PARENTS ACTIVELY CARING FOR TEENS Before the Board was signature of a Personal Services Contract with Parents Actively Caring for Teens. Sukey Waller said this was the first contract for the Community Action Program Coordinator in the amount of $15,000. PAGE 2 MINUTES: 5/27/92 5. M 7. SCHLANGEN: I move signature Contract. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES AMENDMENT TO CONTRACT WITH GENE COTA 0118-0'725 of Personal Services Before the Board was signature of an Amendment to Personal Services Contract with Gene Cota. He had requested his hourly rate be increased from $35 to $40 an hour, however Mike Maier recommended that his current rate only be increased by 7% ($37.50) which was equal to the CPI which was granted to County employees over the last two years. Mr. Cota handled the County's phone installations and communication equipment and did any excellent job. Mr. Cota agreed with this change. MAUDLIN: I would entertain a motion we accept Mr. Maier's suggestion. THROOP: I'll move it. SCHLANGEN: I'll second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES MAINTENANCE AGREEMENT WITH MICROGRAPHICS, INC. Before the Board was signature of a Maintenance Agreement with Oregon Micrographics Inc. for the microfilm reader in the Clerk's office. SCHLANGEN: Move chair signature of maintenance agreement. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES APPOINTMENT OF MEMBERS TO RATIO REVIEW BOARD Before the Board was appointment of Nancy Pope Schlangen, Pat McVicker, Ken Johnson, Thomas Harris, and Donald Yeager to the Board of Ratio Review. John Goodwin was selected as an alternate. PAGE 3 MINUTES: 5/27/92 0118-0'726 THROOP: I'll move appointments. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES VEHICLE FORFEITURE ORDINANCE Before the Board was discussion of a proposed vehicle forfeiture ordinance and selection of a public hearing date. Greg Brown said he, Sheriff Darrell Davidson, and County Counsel Rick Isham met with the police chiefs from Bend, Redmond, Sisters, and representatives from Madras who represented Jefferson County. This group had unanimously agreed upon the language in the draft ordinance before the Board. The targets of the ordinance were persons who operated motor vehicles in the County who were suspended drivers. The suspended drivers who would come under this ordinance were those who had been suspended for drunk driving, manslaughter, criminal negligent homicide, attempt to allude, or any of the major traffic violations. They also would go after people who had more than one drunk driving arrest or diversion on their record. He said the Cities of Bend, Redmond and Sisters would also adopt this ordinance so there would be one unified ordinance throughout Deschutes County. They were recommending that the ordinance be effective August 1, 1992. Rick Isham suggested that the Board set a public hearing on this issue before adoption of the Ordinance. Chairman Maudlin wanted to make sure that the cities were willing to adopt this ordinance before proceeding. He asked what would happen if the County adopted it and the Cities did not. Rick Isham said it would be enforced in unincorporated Deschutes County but not in the Cities. Greg Brown said the working group was unanimous in recommending this language, and Crook County had contacted him and indicated that they would be adopting this ordinance. He said the Police Chiefs had been in contact with the City Councils. He felt the County should adopt the ordinance even if the Cities did not, however he was confident that the cities would. July 1, 1992, at 10 a.m. was selected as the date for a public hearing. MAUDLIN: I would entertain a motion for public hearing regarding Ordinance 92-022. THROOP: I'll make that motion. PAGE 4 MINUTES: 5/27/92 0118-0727 SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 9. ORDER 92-048 AND 92-049 Before the Board was signature of Order 92-048 authorizing the refund of taxes pursuant to Board of Equalization orders; and Order 92-049 authorizing the refund of taxes. THROOP: I'll move consideration of the two orders. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 10. ACCOUNTS PAYABLE VOUCHERS AND TAX OVERPAYMENT REFUNDS Before the Board was approval of Accounts Payable Vouchers in the amount of $190,756.57 and Tax Overpayment Refunds from the Unsegregated Account in the amount of $5,338.69. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 11. DECLARATION OF DEDICATION Before the Board was signature of road dedication for the new Airport Way road just outside the City of Redmond, and signature of acceptance of dedication. THROOP: I'll move signature. SCHLANGEN: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 12. POSSIBLE FORMATION OF TRANSIT DISTRICT Rick Isham suggested some possible courses of action if the Board wanted to proceed with a November election on the PAGE 5 MINUTES: 5/27/92 0118-0'728 formation of a transportation district in Deschutes County: (1) assign someone on staff to be a resource to the citizen's committee and monitor the development of the process to form the district; (2) develop an economic feasibility statement that would cover the issues raised by the Cities of Sisters and Bend and that it should be a clear business plan which would set forth the proposed operation and a line item budget for three years; (3) go back to the cities and propose a county service district, or take the next six months to develop a economic plan and continue as a transportation district. Chairman Maudlin said he felt the proposed transportation district was being pursued "before its time," and he would not approve of the formation of another county service district. He felt this issue had gone beyond the point where it could be rejuvenated and made to work. Commissioner Throop agreed with Chairman Maudlin and agreed with Rick Isham's memo. He felt this proposal had suffered from a lack of consistent advocacy in resent months, and the formation committee hadn't understood the legal obligations and time lines. He didn't feel there was enough of a "public push" behind this proposal for it to have any chance of passage. The calamity of events in recent weeks indicated "there was just nobody minding the store." When a County staff person was working closely with the formation committee, everything went smoothing, however the County did not have the ability to continue to make this staff time available, and the issue should be carried by the public if there was going to be any chance of it passing. He thought it was premature to place this issue on the ballot, and that they should come back and try again in 1994. Commissioner Schlangen agreed. MAUDLIN: I would entertain a motion that we do not initiate the formation of the transportation district. SCHLANGEN: So moved. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 13. COOK PROPERTY ACQUISITION NEAR JAIL SITE The Board had made an offer to Kenneth Cook, the owner of property at 20309 Hardy Road, for $175,000, the appraised value of the property. This offer was rejected. Rick Isham PAGE 6 MINUTES: 5/27/92 0118-0'729 recommended that the County make no further effort to purchase the property since (1) it was not critical to the development of the jail and (2) it would not be available except for substantially more than the appraised value. The Board agreed. DATED this !-�' day of Commissioners of Deschutes ( t N V-'4' apL—Y4� Recording Secretary D PAGE 7 MINUTES: 5/27/92 1992, by the Board of Z on . I,Throo* 7issio er ::y Pope Wdhllangen, CommissilDner Maudlin, Chai3!mg'n w „�"'I'� iaa��l 0118-0'730 Legal Department OFFICE OF LEGAL COUNSEL ADMINISTRATION BUILDING ■ 1130 N. W. HARRIMAN ■ BEND, OREGON 97701 FAX (503) 388-4752 Richard L. Isham ■ 388-6625 Bruce W. White ■ 388-6593 Susan A Brewster ■ 385-1714 May 27, 1992 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: RICHARD L. ISHAM, Legal Counsel SUBJECT: TRANSPORTATION DISTRICT FILE NO.: 1-753 On May 12, 1992, the Board of County Commissioners sent letters to the cities of Sisters, Redmond and Bend regarding the formation of a transportation district in Deschutes County, Oregon. Attached to that letter was a timeline setting forth the dates upon which the formation process would have to proceed in accordance with ORS Chapter 198 and ORS Chapter 267. The timeline was determined by the July 16, 1992 date upon which the County Clerk was to issue notice to candidates wishing to file for the district board election. While there was sufficient time in the schedule to proceed working back from the July 16, 1992 date, there was virtually no time available for delay in the schedule. Since publication date related to the formation order to be adopted by the Board of County Commissioners under the process selected, the schedule was arranged so that there would be no conflict under the dates and timelines specified by statute. In order for the Board of County Commissioners to initiate the formation of a special transportation district under ORS Chapter 198, each of the cities within the proposed district must adopt resolutions approving the formation order to be adopted by the Board. The cities of Redmond and Bend both adopted resolutions in due course approving the proposed order. The City of Sisters first considered the order at its May 14, 1992 meeting. Representatives from Citizens for Transit attended the meeting and made a presentation. For whatever reason, the Board's order was not approved at that meeting, ostensibly because the Council needed more time to consider the proposal. It was learned that the urgency in the timeline had been misunderstood by the member of Citizens for Transit who made the presentation. The City of Sisters was contacted to see if they might be able to hold a special meeting to approve the order. BOCC On Thursday, Sisters City meeting to information endorse the approve the -2- 0118-0'731 May 27, 1992 May 21, I received a phone call from Barbara Warren, Manager, who informed me that they held a special consider the proposed order, but felt that the supplied was conflicting and inadequate for them to proposed formation order and voted unanimously not to order. This project has had a number of normal procedures cut short. The reason why each of the cities must endorse the Board's order is that this district is not being proposed by initiative petition. Although petitions were gathered, they were not official petitions because the required number of petitions that the Board requested was less than half of the required number to put the measure on the ballot. Additionally, although this project was initiated over two years ago, no economic feasibility statement was prepared until the week of the Council meetings for the cities of Sisters and Redmond. One could read that an economic feasibility statement is not required for a Board -initiated district, however, clearly, the Board of County Commissioners must base its decision with respect to the proposed tax base on some rational basis such as that contained in an economic feasibility statement. An economic feasibility statement essentially becomes a business plan which is intended to answer those financial and special district formation questions along with a description of its main purpose, its proposed operations and as a justification for any necessary tax base. Although an economic feasibility statement as such was put together at the last minute, it consisted predominantly of photocopies of previous information and the final report from Weston Consulting Services for Deschutes County funded by the Transit Division of the State of Oregon. There may still be time to change the project from a special district with an independently elected Board of Directors to a county service district and still have a vote on the proposal in November, 1992. In my opinion, none of the other formation process available, such as the special transportation district initiated by Board order pursuant to Chapter 198 or by petition of the largest city in the proposed district, is available. Although the City of Sisters had questions regarding the proposal, it should be noted that the City of Bend in discussions raised similar concerns as to the scope of service, how the proposed district would operate and whether or not sufficient service was designated for the Bend area. Due to the failure of the County's tax base and the extra burden that a county service district could place on County resources, BOCC -3- May 27, 1992 0118-0732 unless the Board of County Commissioners wants to revisit the issue of the type of district to be formed it would be my recommendation that: (1) the Citizens for Transit regroup and meet with each of the cities; (2) develop a comprehensive business plan for the proposed district meeting any concerns which are raised by the cities to be served by the district; and (3) develop a new economic feasibility statement and present it to the Board of County Commissioners for initiation of special district vote in May 1994. This would need to be accomplished within the next six months. If the Board desires not to propose formation at that late date, in my opinion, the proposal would have to be modified to a County Service District. This gives additional time for formation since no elected Board of Directors would be voted on in conjunction with the proposal. This would not obviate the need to do a better job of meeting the concerns of the cities and those cities that have previously approved the project may not necessarily approve the project in changed form. Previously when Susan Mayea was involved, the project information and communication moved smoothly. Susan was on top of timelines that needed to be met and was well versed in issues that arose regarding formation. In the absence of Susan Mayea, or some other designated County representative, it has become difficult to keep the project focused. The Board of County Commissioners needs to decide whether or not it wants to take over this project, assign staff to it and assure that it is done correctly or take a less involved role in the process. When Susan Mayea and I met with Citizens for Transit last fall, they were informed that in order to assure adequate time for formation, all formation should be initiated not later than February. It wasn't until sometime in March that the showing of support was filed with the Board of County Commissioners. Although in a nonlegal sense, six to ten weeks of slippage may not seem important, except that losing those amounts of time during the formation process create the kind of crises that developed.