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43-940-Minutes for Meeting August 31,1982 Recorded 9/30/1982DESCHUTES COUNTY BOARD OF COMMISSIONERS SEP 3 ® 1982 AUGUST 31, 1982 - COURTDAY MEETING ROSEMARY DESCliUTES PATTERSON COUNTY s~4~&K- Chairman Shepard called the meeting to order at 10:00 a.m. Commis er Paulson and Commissioner Young were also present. Amendments to Chairman Shepard went through the amendments as listed the Agenda on the amendment sheet attached to the agenda. Other items added to the agenda were.(1) Consideration of putting a tax base on the November ballot, and (2) Appointment of Chairman to the Building Code Board of Appeals. Hearing no objection, Chairman Shepard so amended the agenda. Discussion and Darrell Davidson, Sheriff's Department, was present to possible sig- discuss this. He stated this was the same agreement nature of BLM previously approved by the County and BLM for the patrol Contracts of BLM property, which the Sheriff does two days per week. MOTION: PAULSON moved to approve the contracts. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Commissioner Paulson stated that he felt that it was im- garding Adopt- portant that the Board proceed with this matter and try ion of Bend to get it adopted so that when more vigorous development Phase II Sewer occurs the County will be prepared. He noted that the Boundary City of Bend has adopted this with some modification to the map. The County must first give LCDC 45 days notice before conducting the hearing, so this would mean the soonest they could have it would be sometime in October. It was agreed to get this to LCDC as soon as possible and a possible hearing date would be October 20. They would conduct the hearing on the modified boundary proposal already accepted by the City. MOTION: PAULSON moved that the Board direct staff to prepare the necessary documents and set the hearing date, advertise the hearing, and send the material to LCDC for review. SHEPARD: Second. There was some discussion in regard to the hearing date. No date was established, however it was noted that the soonest they would be able to hear it would be October 20. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. AUGUST 31, 1982 MINUTES: PAGE 1 YK ~43rsa 94 Discussion Chairman Shepard explained that this was an amendment to and Signature the Fiscal Year 1982-1983 Marine Safety and Law Enforce- of Contract ment Conract between Deschutes County and the State for Purchase Marine Board to reflect an increase in the total con- of Boat for tract amount payable to the County to facilitate the Marine Patrol purchase of a new boat. This is due to the fact that it has become necessary to replace the old one. MOTION: YOUNG moved that the Board approve the con- tract for the purchase of a boat for Marine patrol. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Neil Hudson, Director of Public Works; Dave Hoerning, garding Roads County Engineer; Rick Isham, County Counsel; and Floyd in Boonesbor- Herring, Boonesborough I Developer, were all present to ough Phase I discuss this matter. Mr. Hudson stated that he had spent some time reviewing the tapes of the meetings in which this first came before the Board and found that the County has never established the roads as part of the County road system. He said that based on the con- dition of the roads today they would not recommend that these be established as County roads at this time. Mr. Isham stated that he had reviewed the tape of the July 1979 Board meeting in which this was discussed. At that time Mr. McKibben, Mr. Herring and Mr. Crum had come before the Board and discussed the base material that was used in the construction of the roads and had determined that the base material was acceptable. He stated that the base has not failed in any matter and is not at issue today. He stated that there had been a meeting in November of 179 in which Mr. Yazbeck, attorney representing Mid-Oregon Crushing (the contract- or who had constructed the roads in question), had been present to discuss the workmanship on these roads. At that time there had been a motion made that the roads be treated as any other roads and that after one year they could apply to have them established as county roads. Considerable discussion followed, and a concern was raised about whether or not the roads would hold up. At that time there appeared to be an understanding on the part of Mr. Herring that if the roads did not hold up they would not be established as county roads. At that time Mr. Johnnie (owner of Mid-Oregon Crushing) and his attorney agreed to a three-year warranty on the roads in exchange for a letter to United Savings Bank releasing their money. It was agreed that he would send this warranty to the Commissioners which was never received. He later claimed to have sent it, and Mr. Yazbeck promised to send a new letter in the mail and there was a concensus that that would be satisfactory. It had AUGUST 31, 1982 MINUTES: PAGE 2 942 been the agreement at that time that Mr. Herring could apply for road establishment after one year and the County would be given a three-year warranty on the road by the contractor. Mr. Hudson has since met with Mr. Johnnie and there is a dispute as to whether there is work to be done under that warranty. Mr. Isham noted that the Board had received an agreement from Mid-Oregon but because of the way it was worded, then-Counsel to the Board recommended that it not be accepted. At this time it is the County Engineer's opinion that the roads have not held up and in their present condition would not recommend that they be established as part of the county road system. At this time it is Mid-Oregon's position that they do not require any work. Mr. Isham stated that the Board did not get what they were told they were going to get from Mid-Oregon's attorney, but they did receive a contract which went beyond the warranty and under advice of counsel the contract was not signed. At this time Mr. Herring stated that he was under the impression that the roads would be in the county maint- enance system under any circumstances. He also had a copy of the letter from the County releasing Mid- Oregon's bond from the bank, which he passed to the Board. He stated that because Mid-Oregon's guarantee had been to the County, it was the County's responsib- ility to pursue the matter and make Mid-Oregon perform. At this time Mr. Isham pointed out that it was illegal for the county to expend road funds on any road that is not an established county road. There was some further discussion, in which Mr. Herring stated that he would be willing to pursue this matter in court. At this point Mr. Isham suggested to the Board that, because they had received a threat of litigation, they discontinue this discussion in open public session and meet with Counsel in executive session to discuss the matter. He then went on to advise the Board what he had heard on the tapes. At one point Mr. Johnnie had stated that he would take care of any problems on those roads for three years. It had been agreed that after one year they could apply for establishment into the county road system, however, no application was ever made. On tape #2, Mr. Herring had indicated that understood that if the road did not hold up the county would not accept it. At this time Mr. Hoerning gave copies of the guarantee letter from Mid-Oregon to Mr. Herring and the Board. Mr. Herring then stated that he assumed that after three years the responsibility of Mid-Oregon would cease and the County would then assume the responsibility. There was some further general discussion on this regard. Commissioner Paulson suggested that the Board recess to AUGUST 31, 1982 MINUTES: PAGE 3 . `'''4UE 941 executive session to discuss this further. Mr. Herring then stated that he would be willing to contribute a share of the cost involved in bringing these roads to acceptable standards for establishment, but he doesn't want to do things that are not his responsibility. He suggested doing this sometime next summer. At this point Chairman Shepard recessed the meeting to executive session called under the authority of ORS 192. 660 1.H. to discuss litigation. Those present were Commission Chairman Shepard, Commissioner Young, Commis- sioner Paulson, Dave Hoerning, Neil Hudson, Rick Isham, Susan Stoneman and Richard Higgin (reporter for The Nugget newspaper). Chairman Shepard then reconvened the open public meet- ing. He at that time advised Mr. Herring that he would be receiving a letter from the County Engineer. At this time Commissioner Paulson suggested that the Board set a policy in regard to maintenance of old tapes and Board Meeting Minutes. There was some discussion on this. MOTION: PAULSON moved that the Board instruct staff to maintain all pertinent records and audio-tapes of Board meetings for at least six years. YOUNG: Second. There was some further discussion. Commissioner Young suggested that all Board records be kept for six years except as provided for by law. That was not agreed to. Commissioner Paulson withdrew his motion with the consent of Commissioner Young. MOTION: PAULSON moved that the Board instruct staff to maintain audio tapes of all Board meetings and hearings for at least six years. SHEPARD: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MOTION: PAULSON moved that the Board minutes be made an official part of the Board Journal and filed with the County Clerk-- for the purpose of filing with the Clerk, not for publication, and a copy should be kept in the Commissioner's office. YOUNG: Second. Chairman Shepard suggested that it may be appropriate to check first with the affected departments before acting on the motion. Commissioner Paulson stated that he saw no reason to ask the Clerk permission to do this. There was some further discussion. VOTE: SHEPARD: NO. PAULSON: AYE. YOUNG: AYE. AUGUST 31, 1982 MINUTES: PAGE 4 VOL 91043ME 944 Discussion re- Mr. Hudson requested clarification in regard to the garding trans- 1981 LIDS. He stated that $45,000 ca me into the Road fer of Road Fund that probably technically should have gone into the Funds Bancroft Redemption Fund. Mr. Isham stated that that was not correct, but the money should go to the Road Fund to pay for construction contract s for the LIDS. He also noted that the county will have to front about $40,000 for people who did not pay th eir assessment n or make arrangements to bond the amount, and that there is now an outstanding balance of $21,000 that still has to be paid. Mr. Hudson stated that another matter he must clarify is in regard to the Brightenwood and Williams Loop LIDs. These have already gone through the remonstrance period and the County has fronted the money necessary to begin the project, because otherwise they would have had to wait until next spring. He stated that Brightenwood is paved but not yet completed, and Williams Loop has been started but is not as far along. At the completion the county will determine the assessments and then sell Bancroft Bonds. However, if Ballot Measure #3 is suc- cessful, the county may not be able to bond this and would be forced to finance it themselves. At this time it is necessary to appropriate funds. MOTION: YOUNG moved that the Board accept the Director of Public Works' recommendation to transfer from Operating Contingency funds for this purpose and direct County Counsel to prepare the order. PAULSON: Second. There was some further discussion in regard to persons who have been late or defaulted on their bancroft pay- ments. The time frame for foreclosure was discussed. Mr. Hudson agreed to research this further and report back to the Board. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Request for Mr. Isham stated that Bend Metro Parks and Recreation Waiver of has submitted an application for a subsurface sewage Fees by Bend permit on the land recently transferred to them by the Metro Parks County located near the demo dump. This application had & Recreation been brought in by Earl Nichols, who is acting as their agent. Bend Metro Parks has requested that waive fees on this. MOTION: PAULSON moved that the Board not approve a fee waiver for Parks and Recreation for their facilities near the demo dump. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. AUGUST 31, 1982 MINUTES: PAGE 5 VOL W WI 945 Resolution 82- Mr. Isham stated that this is for the sale of the 044, Declaring quonset but at auction as previously discussed by the Surplus Prop- Board. The minimum bid was set at $10. The resolution erty to be also provides for insurance, and it declares Doug Maul sold at the auctioneer. He also noted that the successful auction bidder will remove the structure from County land at his expense, and that this does not include any real property. MOTION: YOUNG moved to adopt Resolution #82-044. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Bill Jones, Juvenile Department, was present to discuss garding funds this. He stated that at the present time they are not for Juvenile not able to detain juveniles locally and they and they Department have a couple employees who have put in 93 hours of overtime in the past few days just transporting juven- iles to Klamath County who has a facility for them. He stated that they are requesting some money so that they can hire a reserve officer to do the transporting in their personal vehicle. Commissioner Paulson stated that it should be understood that the money could be used to pay overtime to his own staff as well. There was some further discussion in which Commissioner Young stated that he did not feel that they should be taking staf time to transport juveniles, and Chairman Shepard stated that he felt they should put as few restrictions on this money as possible. MOTION: PAULSON moved to approve $4,000 to be trans- ferred from Contingency to the appropriate personnel line item in the Juvenile Department budget for use in payment of costs involved in transportation of juveniles. YOUNG: Second. Commissioner Young stated that he was concerned about taking all this money from the contingency fund and he suggested that they make more use of line item trans- fers. He stated that the contingency fund was to be used for encouraging industry into the area. He moved to amend the motion to read that the money be transfer- red from Line Item #18 of the County Contributions rather than contingency. The motion for amendment did not receive a second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Application Mr. Isham stated that this had been already been cov- for Individual ered in Amendment #2, Request for Waiver of Fees, and Site Evalua- had mistakenly been placed on the agenda twice. tion AUGUST 31, 1982 MINUTES: PAGE 6 vm W4 rE 9 6 Discussion re- Chairman Shepard stated that the Board has recently been garding Tax considering the question of whether or not to place a Base tax base on the November ballot. The Board had met with members of the Public Advisory Team as well as the five commission candidates to discuss this question. The Sheriff and County Librarian were also there, their departments are currently operating on two-year special levies. He stated that only two members of the Public Advisory Team were able to attend. The more it was discussed, the less enthusiastic people were to place it on the ballot. Chairman Shepard stated that the Library Board had expressed approval, but Library Staff was not in favor. The Sheriff and the commission candidates also were not in favor. MOTION: PAULSON moved that based on all input that he has had and the people that he has talked to, it is not appropriate for the Board to proceed with the tax base at this time. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Appointment to Commissioner Paulson stated that the Board has received Building Codes a memo from Don Garris, Building Official, stated that Board of Ap- they need to appoint the new President of Central Oregon peals Builders Association to the Deschutes County Building Code Board of Appeals since COBA's previous president, Roger Comeau, is no longer in that position. MOTION: PAULSON moved to approve the appointment of the new president, Dave Clemmens, to the Deschutes County Building Codes Board of Appeals. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Request for Before the Board was a request for refund for Kevin Refund Stamback. The Board approved the request. OLCC License Before the Board were five OLCC License Renewal applica- Renewal Appli- tions. The first was for Elk Lake Resort, the second cations was for Three Creeks Lake Store, the third for Sunriver Country Mall, the fourth for Deschutes Station Tavern, Inc., and the fifth was for the Mug and Goblet in Sunriver. MOTION: YOUNG moved to approve. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. MJP-81-17, Craig Smith, Planning Department, brought this before Devon Kurtz the Board for signature and approval. AUGUST 31, 1982 MINUTES: PAGE 7 v~. 43PArE 947 MOTION: PAULSON moved to approve MJP-81-17 and the accompanying Declarations of Dedication. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Financial Craig Smith brought this before the Board for signature Agreement be- and approval. He explained that this was a standard tax tween County lot segregation agreement for mortgage purposes. and Claude MOTION: PAULSON moved to approve the financial agree- Powell ment between Deschutes County and Claude Powell. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Discussion re- Mr. Isham stated that Deschutes County subscribes to garding SAIF the State Accident Insurance Fund (SAIF). He noted that the Governor is planning to take surplus SAIF funds to meet the State budget deficit, and that as a policy holder in SAIF, Deschutes County is indirectly being taxed. He stated that the Governor's plan is to be acted on by the State Legislature on Friday. He stated that there is an opinion that this money should not be available to offset the state deficit, and noted that this money would be appropriated and not borrowed. The Governor stated that they are taking this money in lieu of taxes. He stated that we are indirectly affected by the amount of money we must pay SAIF. Commissioner Paulson felt that SAIF should take care of any surplus by lowering its rates, stating that Oregon has one of the highest SAIF rates in the nation. By law businesses are required to have accident insurance, so in effect this is a tax because SAIF is collecting more money than it needs. Chairman Shepard stated that he was in favor of the Governor's proposal. Mr. Isham stated that he had brought this up because he wanted to know if there is any direction the County wants to take because we pay premiums to SAIF. MOTION: YOUNG moved that the Deschutes County Board of Commissioners go on record as being opposed to the withdrawal of the SAIF fund to make up the State deficit. PAULSON: Second. Chairman Shepard stated that he did not feel that this was a very good solution, but there are no good solutions. He said that if they don't do this, they will have to cut into state services to make up for a $90,000,000. He did not think that there were any state services at this time that could suffer such a substan- tial cut. If they don't do this, the only money the can get is from the Homeowners Tax Relief Program. He also AUGUST 31, 1982 MINUTES: PAGE 8 V% 00 43PNE S stated that if Measure 3 passes, local government will be in tough shape. He felt that for these reasons it would not be appropriate for the Commissioners to make this kind of a statement. Commissioner Young stated that he held his opinion because this is an election year, and he sees this as move by the Governor to lose less votes, and he felt that it was unconstitutional. Chairman Shepard stated that if they have to use the tax relief program's money, Measure #3 will surely pass, which will hurt local government. VOTE: SHEPARD: NO. PAULSON: NO. YOUNG: AYE. Being no further business at this time, Chairman Shepard recessed the meeting until the next day. DESCHUTES COUNTY BOARD OF MMISSIONERS CLAY A D, CH I N ~6t,~ ROBERT C. PAULSON, JR., COM IONER AL Y UNG M SSION r /ss AUGUST 31, 1982 MINUTES: PAGE 9