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1993-16105-Minutes for Meeting April 14,1993 Recorded 5/17/199393-1610$ 01_ � T x_1000 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS�, April 14, 1993 Chair Tom Throop called the meeting to order at 10:07 a iin:` Board members in attendance were Tom Throop, Nancy Pope Schlangen, and Barry Slaughter. Also in attendance were Tom Blust, County Engineer; Larry Rice, Director of Public Works; Susan Mayea, Support Services Manager; Ralph Delamarter, Library; Rick Isham, County Counsel; Mike Maier, County Administrator; George Read, Planning Director. 1. CONSENT AGENDA Consent agenda items before the Board were: 1) signature of Resolution No. 93-025 requiring weekly, same day curbside collection of recyclables in the unincorporated Bend urban area; 2) signature of personal services contract with Express Personnel Services for Public Works seasonal and temporary employees; 3) signature of Resolution No. 93-029 regarding traffic detours; 4) signature of access permit from Oregon Department of Transportation for new county correctional facility; 5) signature of mylar of final plats for phases I- E, II -C, II -E, and II -F in Broken Top in the Bend urban area; and 6) appointment of LaPine Economic Development Board members. 2. PUBLIC HEARING: ON RESOLUTION NO. 93-018 AMENDING AND ADOPTING 1993-94 COUNTY FEE SCHEDULE Before the Board was Resolution No. 93-018 amending and adopting the 1993-94 County Fee Schedule. Mike Maier reported that there were no changes in the report that was submitted to the Board on Monday, April 12, 1993. Larry Rice reviewed the solid waste fees. Rick Isham reported on the new fees for the Awbrey Butte lease site, which is approximately 15 acres owned by the County. Rick stated the site fees ranged from $600 to $1,000 and sublease agreements were $50 annually. The proposed fees for the site leases are $2,400 per year or $200 a month and $600 a year or $50 per month for a sublease agreement. Rick reported he had received some comments on the large percentage of increase. He said the current fees were set in 1983 and have not been changed since then. Commissioner Slaughter asked if there was a reason for the large increase. Rick said it was because the rates had been a "give away" in terms of what the value of the site was to the users. He felt the rates were far below what a market rate would be. Rick said he suggested a rate increase five years ago but it was the Board's decision to maintain the rates for an additional five years. MICROED 1993 &1 91993 01040-1001 Chair Throop asked if the proposed fee structure would cover the costs incurred by the County for the management of the site. Rick Isham felt it would cover the costs that could be foreseen at this point. Rick reported that the fees could only be adjusted every five years. Chair Throop opened the public hearing. Terry O'Sullivan, representing the solid waste haulers, asked if the fee recommended by the Solid Waste Advisory Committee was $30 or $35 per ton. Chair Throop reported the fee is $30 per ton. Terry O'Sullivan said the haulers were pleased with the efforts of the staff. He expressed concern of the cost to the self hauler and was concerned about whether partial loads would continue to be accepted. Terry said he would like to see the solid waste fund be a dedicated fund so that it would not be subject to raiding. Chair Throop responded by saying that it was an independent fund. Larry Rice responded regarding the partial loads. He said they found out that most of these partial loads are full. Larry felt this was an operating issue of the haulers and not a County fee issue. Bruce Bailey, Bend Garbage and Recycling, testified that sometimes they cannot haul a full box because of the weight of the waste. Tom Throop stated that this was not a fee issue and requested that it be set aside as it is not directly related to the fee schedule. Terry Cowan, KLNR, asked if all Awbrey Butte leases expire in 1993. Rick Isham reported that some renew in 1993, 1994 and 1995. Terry said he did not feel fencing was necessary. Rick said FCC may require fencing in the near future. He said fencing would be to isolate and protect the public. Terry Cowan also stated he did not feel paving of the road was necessary. Chair Throop closed the public hearing. Commissioner Slaughter asked if the lease fees could be raised internally. Rick felt that a fee could be adopted that was incremental starting on July 1, 1993. Commissioner Slaughter said he had a problem with this large of an increase at one time. Chair Throop shared some background information on the issue of rental fees. He said there had been no change in the fees since 1988. He felt the users of this property needed to pay a fee that would cover the cost to the County. Rick Isham said he received some comments stating that there should be a different rate for low power and high power users. He felt MINUTES PAGE 2 APRIL 14, 1993 0 0120-1002 the County should work towards the proposed fees. Rick submitted an amended schedule which would the set the fees at $2,400 in 1996 for a site lease. Rick suggested transferring this to the land sales fund operation under Brad Chalfant and implement some accounting in order to keep better track of the income and expenses. Chair Throop questioned the amended rate and whether the rates would generate the money necessary to administer the site over the next five years. He said that the County did not want to be in a position to absorb costs in the general fund to provide service to the site. Rick Isham said he could not guarantee that. SLAUGHTER: I move the fee schedule be amended (page 30) to reflect the fees for the Awbrey Butte lease to be incremental starting in 1993 at $600, 1994 at $1,200, 1995 at $1,800, 1996 at $2,400 and that the low and high power users also have such an incremental schedule. SCHLANGEN: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SCHLANGEN: I move signature of Resolution No. 93-018 amending and adopting the 1993-94 County Fee Schedule. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES PUBLIC HEARING: ON THE VACATION OF A PORTION OF BLUE EAGLE ROAD AND ORDER NO. 93-058 VACATING A PORTION OF BLUE EAGLE ROAD Tom Blust gave the staff report on this issue. He reported Public Works received a petition from residents within Vandevert Acres South requesting a vacation of a portion of Blue Eagle Road. All the roads were originally private roads under the ownership of the homeowners association. Blue Eagle Road was dedicated to the public by the homeowners association last August to enable the special road district to maintain that road. The intention in August was to dedicate Blue Eagle Road from Old Wood Road down to Guelfi Road, and not to dedicate the portion south of that. This request for the MINUTES PAGE 3 APRIL 14, 1993 Q14o--1003 vacation is to rectify this situation. The Public Works Department recommended that the Board deny this vacation. Commissioner Schlangen asked about this being a secondary access to the Forest Service lands. Tom Blust said it would be an access for the residents of that subdivision. Chair Throop reported that he did a site visit of this area last fall. He shared some background information on this road and the nronosed vacation. Chair Throop opened the public hearing. Jim Kendall, President of the Vandevert Special Road District, testified in support of keeping Blue Eagle Road dedicated. He said this road was needed as a second exit route in case of an emergency situation. He reported the vote at the Special Road District meeting was 12 to 1 in favor of leaving it the way it is. The Road District has placed a "No Through Traffic" sign at the end of the road. Tom Throop asked if the Road District would fund the cost of a gate permit if a gate were allowed. Jim Kendall reported the Road District would fund 100% of the cost of putting in the gate. Tom Rocher testified in support o that it was never their intention the road. He said he did not wish and that he likes it as a dead end. of evacuation routes if there was one representing his subdivision District meeting. E the vacation. He stated :o dedicate that portion of to have the road go through He felt there were plenty a fire. He stated that no voted on this at the Road Debbie Hostbjor testified in support of the vacation. She discussed the Road District financing a gate. She felt they were spending enough money on maintaining and plowing the roads without the expense of a gate being added. She felt there was too much traffic already without making it a through road. She said it was her understanding that the dedicated part of Blue Eagle would end at Guelfi. Tom Blust reported the actual dedication read all of Blue Eagle Road lying within Vandevert Acres South. Tracy Libby testified in support of the vacation. She submitted letters from nine homeowners in the subdivision in support of the vacation. She also submitted photos showing where the road dead ends. She said it was never her intention of having that portion of the road dedicated. She felt that there was plenty of access in case of an emergency without opening this area up. She said she would rather withdraw from the road district and pay to have the road maintained rather than have Blue Eagle Road opened up to the public. She said MINUTES PAGE 4 APRIL 14, 1993 0.49-1004 the people opposing the road vacation live over a mile away and they have plenty of access on to forest lands through their own streets. Shane Hostbjor said he supported the road vacation because it was not plowed or maintained during the winter and grading was not done during the summer. He was at the Road District meeting and did vote against the dedicated road. Paul Libby testified in support of the road vacation. He felt there were plenty of access areas. He said he had no intention of making this a dedicated road. He signed the dedication originally thinking that the dedication stopped at Guelfi Road. Chair Tom Throop closed the public hearing. Chair Throop felt it was clear that it was the intention of the property owners south of Old Wood Road not to dedicate that portion of the road. He expressed concern regarding the public lands if this was a through road. SCHLANGEN: I move signature of Order No. 93-058 vacating a portion of Blue Eagle Road. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 4. SIGNATURE OF COMMUNITY TRANSPORTATION GRANT Before the Board was the Community Transportation Grant. Bob Slawson reviewed the transportation grant with the Board. SCHLANGEN: I move approval of the Community Transportation Grant. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 5 APRIL 14, 1993 5. I-V 7. 01 %`O-1005 SIGNATURE OF RESOLUTION NO. 93-032 DECLARING THE WEEK OF APRIL 17 AS NATIONAL COUNTY GOVERNMENT WEEK Before the Board was Resolution No. 93-032 declaring the week of April 17 as National County Government Week. SCHLANGEN: I move signature of Resolution No. 93-032. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF ORDER NO. 93-118 AND 93-119 AUTHORIZING THE REFUND OF TAXES Before the Board was Order No. 93-118 and 93-119 authorizing the refund of taxes. SCHLANGEN: I move signature of Order No. 93-118 and 93- 119. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES ADOPTION OF THE INFORMATION STRATEGY BETWEEN DESCHUTES COUNTY/CENTRAL OREGON COMMUNITY COLLEGE Before the Board was the Information Strategy between Deschutes County/Central Oregon Community College. SCHLANGEN: I move adoption of the plan between Deschutes Oregon Community College. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES information strategy County and Central 8. SIGNATURE OF REASSIGNMENT OF AMBULANCE SERVICE AREA Before the Board was the reassignment of an ambulance service area. This small piece was in the Redmond Fire Protection District #1 and is now going to be transferred to the appropriate fire protection district in Jefferson County. MINUTES PAGE 6 APRIL 14, 1993 a 10. 11. SCHLANGEN: I move reassignment of ambulance services. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF MYLAR FOR ASPEN HEIGHTS, PHASE IV Before the Board was signature of a mylar for Aspen Heights, Phase IV. SCHLANGEN: I move signature of mylar. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS Before the Board was consideration of accounts payable vouchers in the amount of $152,152.19 SCHLANGEN: I move approval upon review. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES SIGNATURE OF INDEMNITY AGREEMENT FOR LAPINE RODEO DAYS 4TH OF JULY PARADE Before the Board was consideration of an Indemnity Agreement for the LaPine Rodeo Days 4th of July Parade. SCHLANGEN: I move signature of the indemnity agreement. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 7 APRIL 14, 1993 0 4n 12. SIGNATURE OF RESOLUTION NO. 93-030 ACCEPTING A BID""FORi PURCHASE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $2,500,000 Before the Board was Resolution No. 93-030 accepting a bid for purchase of the remaining $2.5 million general obligation bonds for the Deschutes County jail. Rick Isham reported the low bidder was Lehman Brothers with a net interest rate over the life of the bonds of 5.0746% per annum. SCHLANGEN: I move signature of Resolution No. 93-030 accepting the bid of Lehman Brothers for the general obligation bonds in the amount of $2,500,000. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 13. APPROVAL OF LIQUOR LICENSE FOR TOP HAT ENTERPRISES, INC. Before the Board was approval of a liquor license for Top Hat Enterprises, Inc. SLAUGHTER: I move approval of the liquor license for Top Hat Enterprises,Inc. THROOP: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 14. APPROVAL OF ORDER NO. 93-120 AUTHORIZING THE REFUND OF TAXES Before the Board was Order No. 93-120 authorizing the refund of taxes in the amount of $19.33. SCHLANGEN: I move signature of Order No. 93-120. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES MINUTES PAGE 8 APRIL 14, 1993 15. SIGNATURE OF RESOLUTION NO. 93-031 CHANGING THE NAME OF THE DRUG INVESTIGATION FUND TO THE ASSET FORFEITURE FUND Before the Board was Resolution No. 93-031 changing the name of the Drug Investigation Fund to the Asset Forfeiture Fund. SCHLANGEN: I move signature of Resolution No. 93-031. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES 16. APPOINTMENT TO THE YOUR COMMUNITY 2000 COMMITTEE Before the Board was appointment of Your Community 2000 Committee members. They are as follows: Emergency Services - Dorrell Davidson Don Laws SCHLANGEN: I so move. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Transportation - Meaghan Dobert Ken Chard SCHLANGEN: I move appointment to the Transportation Committee. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES Community Development - David Gordon Denise Oakey SCHLANGEN: I move appointment to the Community Development Committee. SLAUGHTER: Second. MINUTES PAGE 9 APRIL 14, 1993 VOTE: SCHLANGEN: YES j � u'1 Q0ls SLAUGHTER: YES THROOP: YES Human Services Committee - Sue Hollern Martha Mann Bea Paulson Pat Thorton SCHLANGEN: I move appointment of the above mentioned and a CYSC and St. Charles representative upon review to the Human Services Committee. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES THROOP: YES DATED this �L�fG� day of r , 1993, by the Board of Commissioners of Deschufe-sf ounty, Oregon. Tom Throop, C air Recording Secretary Nand Pope , Commissi Barry H. Slaughter, Commissioner MINUTES PAGE 10 APRIL 14, 1993