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2002-19-Minutes for Meeting January 03,2002 Recorded 1/8/20021130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf MINUTES OF MEETING Dennis R. Luke Mike Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., THURSDAY, JANUARY 3, 2002 Commissioners' Hearing Room - Administration Building Prior to the regular meeting, the audience was entertained by members of "A Scottish Heart ", who performed some wonderful, rousing music. Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Rick Isham and Laurie Craghead, Legal Counsel; Tom Blust and Roger Everett, Road Department; Damian Syrnyk, Cathy Morrow and Barbara Rich, Community Development; approximately ten County employees, media representatives Barney Lerten of bendnet. com, Jeff Mullen of KBND Radio, Dana Walters of Z-21 TV; and approximately twenty citizens. Chair Tom De Wolf opened the meeting at 10:30 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing on the Formation of the Spring River Special Road District, Establishing the Name and Boundaries of the District, and Consideration of Signature of Order No. 2002-009, Setting a Final Hearing Date. Laurie Craghead explained that the petition was filed in November. (She then referred to oversized maps of the boundaries.) Board of Commissioners' Meeting Minutes Page 1 of 18 Pages Thursday, January 3, 2002 Quality Services Performed with Pride She further stated that one small parcel, which affects one property owner, is not contiguous and cannot be included in the district, so will be removed. She stated that a revised legal description and revised maps are available at this time. (These were distributed to the Board and made available to members of the audience). She explained that this will be on the May ballot. Six of the nine people working on the petition attended today's meeting, including the chief petitioner. The petition has been reviewed and approved by the Clerk and Assessor. The initial hearing date and a second and final hearing are required according to law. The budget has been prepared to justify the amount. LUKE: Spring River Road is a County -maintained road. CRAGHEAD: Some of the properties abut Spring River Road, but access is off the private roads. DEWOLF: So none of the roads are County maintained. Are any of them paved? CRAGHEAD: The petitioners will know. CARL JANSEN: I am the chief petitioner. DALE HANST: I live on Spring River Drive. No roads in the proposed district are maintained by the County. We have had problems with our roads for years, and are looking for solutions. We never could come to a total resolution to solve the problems, which are dust, potholes, and general bad road conditions. We've had many meetings to come to this solution, and a majority supports this. Last summer some of us decided something had to be done. Some of us raised enough money to do an oil/dust protection, which looks successful so far, but may not last all that long. This accomplishment is remarkable. It becomes clear that we can't even oil the roads next spring unless we raise more money. We propose a process that isn't quite a chip seal that we can do on all roads for about $50,000. We can borrow from bank if we're a road district. This improvement should last about ten years. Board of Commissioners' Meeting Minutes Page 2 of 18 Pages Thursday, January 3, 2002 HANST: We're trying to equitably allocate the expenses of maintenance in a reasonable fashion. It's been a problem for years, as some pay and some don't, and there is no enforcement ability. DEWOLF: What about snow removal and other maintenance? JANSEN: We have contracted with Russell Company; our association dues are $150 per year to cover this. Basically we have funds to do this, but we need to secure a loan for any kind of paving. We are not bonded right now, either; there are nine on the advisory committee who wish to be bonded so that there's no personal liability for them. DEWOLF: This will work within your budget? How long is it amortized? HANST: It's a ten-year amortization. JANSEN: This should be sufficient to do snow removal and the road improvements. LUKE: The map shows homes on most of the lots. Are these mostly permanent residents? JANSEN: Many are permanent. LUKE: What's the percentage of registered voters who signed on the signature drive? JANSEN: Forty-three people signed; we estimate there are twenty registered voters in this area. LUKE: I thought only registered voters could sign. Board of Commissioners' Meeting Minutes Page 3 of 18 Pages Thursday, January 3, 2002 CRAGHEAD: Landowners can sign. HANST: There are two members on each key road. The operations budget is a revision to what was in the petition. We have two actual years now, as submitted by Kathy Glading, our treasurer. We hope to secure 94 cents per thousand of assessed value, and there is about $14.4 million assessed value. This means about $13,300 to start, escalated at 3% a year. There's a County fee of 3% to collect for the special road district. MIKE MAIER I'm not certain on this collection fee. CRAGHEAD: I just heard about it this morning. MAIER: We receive an investment fee to invest, of 5% of the investment fee. We don't charge for collecting the tax. If there's no fee, it will be revenue in the road district. This could be the pay back for the cost of the election. HANST: We're looking at more than we've paid in the past, but everyone is aware of this. We have a positive ending balance, and sufficient funds for any problems that may arise. We won't increase the 94 cents, but we could reduce it. DAVID OSGOOD: I live on Besson Road, and have for twenty years. I oppose this. We chose this property in 1971, and wanted a gravel road, not a paved road. Another criterion was that the property be adjacent to forest service. We were able to get this here. I served on the road committee for about 12 years, until about 4 years ago. We've had problems collecting money, as not everyone pays. We managed to survive, and the roads are in passable condition most of the time. There is a dust problem, and that's probably why the petitioners want to pave the road. To me, this is like buying a property at the end of an airport and then complaining about the noise. They bought it the way it is. Board of Commissioners' Meeting Minutes Page 4 of 18 Pages Thursday, January 3, 2002 DEWOLF: Is there a technicality that makes this an issue? OSGOOD: Half of the petitioners can't vote in this election; and absentee landowners also can't vote. BOB ANDERSON: I live on Spring River Drive, and moved there twelve years ago. There is a problem the way it is assessed. Ninety-four cents per thousand will be about $300 a year. In the past we paid $50 or $60 for grading and snow plowing. A lot of people who are absentee owners live on the river and visit several times a year; they will also be assessed. The fairest way is to assess per lot, not per assessed value. DEWOLF: You could be correct, but we have no authority on that matter. This is set up by state law, and is based on property taxes. LUKE: We're not approving the road district. We're just approving this going on the ballot. CRAGHEAD: It won't be approved until they vote it in. LUKE: No taxes will be levied until the vote is in and it is approved. DALY: All of the registered voters can vote on this. ANDERSON: People living in Portland can't vote here. This is a double standard. DEWOLF: It may not seem fair to you, but it is established by state law. ANDERSON: Will the roads be up to County standards? Board of Commissioners' Meeting Minutes Page 5 of 18 Pages Thursday, January 3, 2002 DEWOLF: This is not necessary, as it is a special road district. We collect the tax and turn it over to your district. ANDERSON: Do you care who runs it? LUKE: You elect the board to run it. DEWOLF: The County's only function is to run the election. Then we appoint the members of the Board, using your membership's recommendation. We have the option to let you do it, but we haven't adopted this. LUKE: I don't know of any county that adopted it. For a non-paying position, people didn't want to go through the expense to run. DEWOLF: So we are very interested in seeing that the road district is run properly. The people are recommended to us, but we approve their appointments. ANDERSON: In the past, it has cost us about $50 a year. Maybe sixty people paid. We're talking about a lot more money. It still comes down to the election, right? DEWOLF: Yes. We would usually approve unless according to state law something wrong was done, like obtaining bad signatures. This is a matter for the local people to decide in May. Some will oppose it, and some will support it. ANDERSON: Is it a 50% majority? LUKE: It's a double majority within the road district. Fifty percent of the registered voters have to vote yes at 50%. Board of Commissioners' Meeting Minutes Page 6 of 18 Pages Thursday, January 3, 2002 CRAGHEAD: You will have to have findings to approve, including that the area will benefit, and that it complies with land use regulations. All of this information is in your packet. JANS JORGENSEN: I live at the end of Cooper Drive, and we've owned it for about fifteen years. We haven't been residents all that time. HANST: The last portion of the road is an easement that we'd like to pick up as a road district eventually. JORGENSEN: The first five years we were here the road was excellent, but it has steadily declined. Our fees are now about $150. Other owners adjacent to our property support this, and feel it is important that the road committee will have means to have stable income from year to year, working out one, five and ten year plan to keep maintained. Less than half of the owners have paid anything over last ten years. It's not a matter of just being able to get in on the road; any vehicle should have good access. We support it. Since I'm a landowner but not registered voter, we need a fair process where owners and voters can see this become a reality. We need an operating charter. DEWOLF: All of this is established by state law. JORGENSEN: There is concern from the landowners' point of view that rules and communications are consistent. DEWOLF: The rules come in to play when the district is in existence. LUKE: Is the district formed right after the election? Board of Commissioners' Meeting Minutes Page 7 of 18 Pages Thursday, January 3, 2002 CRAGHEAD: After the votes are canvassed. The members of the district meet to adopt by- laws and other rules before they can begin collecting taxes. LUKE: Some people aren't registered voters. Realize that you can't vote on bonds or schools or anything else locally. LARRY PRATT: I'm a twenty-two year resident, and I am in support of this. One of the critical findings is in support of dust control. County management has goals to address this problem, and it is clearly a primary goal. Also, this is a benefit to the community; I have spent over $1,000 myself on road maintenance. Every spring the roads turn to bogs, which don't support heavy weight. I propose that the community would be well served with this initial investment. The money now collected is not utilized to its fullest potential. It was okay at $50 per year some years ago, but it is now inadequate. Long- term residents say they are there for different reasons than the newer residents. This issue is not unique to this community. Government can do this, and well, to create an equitable assessment to all. This would resolve a community challenge, and bring consistency and uniformity to the process. I urge the Commissioners to support this. TOM PONTI: I live on Spring River Loop. Earlier this fall I called some neighbors to find out who was doing plowing; and Mr. Jansen explained the special road district idea. Later I got a message saying it was too complicated to bring us in. Technically we are part of Spring River Acres. I never did learn why it was too complicated. The main reason why I'd like to be included is that a number of neighbors have excuses why they don't want to pay, although some have big houses and motor homes. I'd like to see the cost per thousand come down for the occasional grading and oiling. This year they put a gate across where the Forest Service property starts, so that people don't cut through as much to the river. In terms of dust, maybe oil will solve the problem. Ninety-four cents per thousand is about what we are paying now for plowing. My biggest issue is to get people who won't pay anything to pay a fair share. Board of Commissioners' Meeting Minutes Page 8 of 18 Pages Thursday, January 3, 2002 LUKE: It seems to me if they were successful in forming the district, he should be able to be annexed into it. PONTI: Why not initially? CRAGHEAD: Statute does not allow you to just change boundaries; if you decide to add this area, we'd have to start over with hearings. LUKE: A county road goes through middle of that district; that doesn't make it non- contiguous. CRAGHEAD: The budget was developed on what it would cost for the initial area. We would have to reconfigure the budget if another area was added. PONTI: Property values are going up. There are probably 29 lots, with about 20 built on, and 12 permanent residences. We'd like to be in the picture and could maybe have helped with this. We felt the issues were different enough, and felt that the most orderly way to do it is to form the district and then add them. DEWOLF: It's hard to get people to sign petitions if they have empty lots. As it develops, it could become easier. WNWIT"AM 19 -1 117.1y a The District would have contracting authority, and could possibly offer services through the contracting process. LUKE They would probably like to be in it for the same reasons as you. Board of Commissioners' Meeting Minutes Page 9 of 18 Pages Thursday, January 3, 2002 JANSEN: We had looked at snow plowing those roads, but the unit costs were much higher on that side, due to the number of roads and the lack of collectability. Once we're operating for a couple of years, we would like to look at annexing that area. DEWOLF: We do annexations regularly. PONTI: Would this be approved by the existing board? &IJ:i�i Yes. They will have to do assessments by July 1 to collect tax in November. If they are successful, you'll have some time to work on that. PONTI: If the 94 cents per thousand included paving - - - LUKE: Everyone would pay the same rate. DEWOLF: The establishment of the district doesn't dictate what they will do with the roads. LUKE: They submit a budget with the ballot, and can't deviate from those numbers, per Oregon budget laws. Their board has to live within its budget. They are required to have public meetings. The biggest problem is getting people to serve on the board. PONTI: I'm for this, as long as we can possibly be annexed in at some time. CRAGHEAD: In order to get on an election, you have to act 180 days ahead of time for filing. HANST: A responsibility of the new board is to consider all residents and owners; I hope it brings the community together. Board of Commissioners' Meeting Minutes Page 10 of 18 Pages Thursday, January 3, 2002 Being no further testimony offered, Chair De Wolf then closed the public hearing. CRAGHEAD: If you wish to approve the petition, you need to set a final hearing date of February 6. LUKE: I move approval of Order No. 2002-009, based on findings as presented in the petition and in the Order. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 3. Before the Board was a Public Hearing on the Annexation of Territory ("New Neighborhood') into the La Pine Water District and Consideration of Signature of Order No. 2002-010, Approving the Annexation. CRAGHEAD: I have a revised legal description and revised map for the Board. At the time the petition was circulated, we thought that other parcels needed to be included. We've since determined that they are already in the district. These are revised in Order 2002-010. (She then referred to an oversized map) Chair De Wolf then opened the public hearing. Being no testimony offered, Chair De Wolf closed the public hearing. LUKE: I move signature of Order No. 2002-010. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Board of Commissioners' Meeting Minutes Page 11 of 18 Pages Thursday, January 3, 2002 4. Before the Board was Consideration of the Second Reading and Adoption of Ordinance No. 2002-007 (previously 2001-050) and Ordinance No. 2002- 008 (previously 2001-051), Regarding Changes to Plan Designations and Zoning of Certain Properties from Forest Use 2 to Exclusive Farm Use (Sisemore Road - J. Watts). DAMIAN SYRNYK: These ordinances have been renumbered due to the new calendar year. We removed the emergency clause, and included the statement given by Commissioner Luke. All else is the same. LUKE: I move second reading of Ordinance No. 2002-007 by title only, including Exhibit D, Commissioner Luke's statement. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair De Wolf then read the heading to Ordinance No. 2002-007, and asked Ms. Craghead to read the statement. Ms. Craghead then read the statement to the audience. LUKE: I move approval of Ordinance No. 2002-007. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. LUKE: I move second reading of Ordinance No. 2002-008 by title only. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then the second reading of Ordinance No. 2002-008 by title only. Board of Commissioners' Meeting Minutes Page 12 of 18 Pages Thursday, January 3, 2002 LUKE: I move approval of Ordinance No. 2002-008. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 5. Before the Board was Consideration of Signature of an Amendment Extending the Term of a Contract between Deschutes County and Daniel M. Cason, La Pine for Work Related to the La Pine Demonstration Project. LUKE: I move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 6. Before the Board was Consideration of Signature of an Amendment Extending the Term of a Contract between Deschutes County and Advanced Environmental Systems, Inc. for work Related to the La Pine Demonstration Project. Barbara Rich indicated that the contractor said they do not wish to sign the extension, as they don't want to put in any more effort. Funds have been withheld, since they don't wish to complete the project. 7. Before the Board was Consideration of Signature of Order No. 2002-005, Canceling the Solicitation for Assessment and Taxation Software. Mike Maier explained that the County is waiting for Polk County to sign the contracts. LUKE: I move approval, subject to legal review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Board of Commissioners' Meeting Minutes Page 13 of 18 Pages Thursday, January 3, 2002 8. Before the Board was Consideration of Signature of Resolution No. 2002- 002, Transferring Appropriations within Various Funds of the Fiscal Year 2001-2002 Deschutes County Budget. LUKE: I move signature of Resolution No. 2002-002. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 9. Before the Board was Consideration of Signature of Letters Appointing Four Citizens to the Noxious Weed Board (Term January 1, 2002 through December 31, 2004): Mary J. Woolley, Sunriver; Steve Coehlo, Bend; William G. Padgham, Bend; and Bill Walker, Bend. Tom Blust said that the Road Department recommends these individuals. He further stated that attendance was spotty at the meetings last summer, and the biggest problem is the lack of funds. They still need Title 2 funds for a weed board director; Legal Counsel is looking at a possible formation of a weed district. They can't go onto private property without this. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 10. Before the Board was Consideration of Signature of a Letter Reappointing Jerry A. Greco to the Panoramic Access Special Road District (near Sisters) through December 31, 2004. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Board of Commissioners' Meeting Minutes Page 14 of 18 Pages Thursday, January 3, 2002 DEWOLF: Two people are leaving this district, and no one has volunteered. What can we do? BLUST: It's always a problem. DEWOLF: They are afraid the district will have to be dissolved. LUKE: They just can't do business without a quorum. RICK ISHAM: That's correct. There are inactive districts; after a period of time, four years, the Secretary of State asks the Commissioners to dissolve them. We will contact the members of this district to go over this with them. 11. Before the Board was Consideration of Signature of a Letter Reappointing Bill Gaetano to Deschutes County Special Road District No. 1, through December 31, 2004. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $7,446.08. LUKE: Move approval. DALY: Second. Board of Commissioners' Meeting Minutes Page 15 of 18 Pages Thursday, January 3, 2002 VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $3,137.66. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $774,159.39. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 15. ADDITIONS TO THE AGENDA A. Before the Board was Consideration of Signature of a Site Plan Improvement Agreement between Deschutes County and the City of Redmond regarding the 4-H/OSU Extension Building Project. Board of Commissioners' Meeting Minutes Page 16 of 18 Pages Thursday, January 3, 2002 Rick Isham explained that the cost is based on the size of the building and its classification. There are minimal requirements. There is a new fee of $1,519, a signal fee that is really an SDC, a pro rata share of future signal. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. B. Before the Board was Consideration of Signature of Order No. 2002- 006, Accepting a Petition and Setting a Hearing Date (of January 30, 2002) for the Garland Annexation into Deschutes County Rural Fire Protection District No. 2. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. C. Before the Board was Consideration of Signature of a Letter Reappointing Jo Kilmer to the Board of Sun Mountain Ranches Special Road District, through December 31, 2004. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Being no further items brought before the Board, Chair DeWolf adjourned the meeting at 11:55 a.m. Board of Commissioners' Meeting Minutes Page 17 of 18 Pages Thursday, January 3, 2002 DATED this 3rd Day of January 2002 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Board of Commissioners' Meeting Minutes Thursday, January 3, 2002 r Tom DeWolf, Chair iennis R. Luke, romlmissioner Page 18 of 18 Pages