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