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2007-612-Minutes for Meeting February 25,1975 Recorded 6/19/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 2007N612 NANCY BLANKENSHIP, COUNTY CLERK 1~~1 V COMMISSIONERS' JOURNAL 0611912007 09;50;24 AM 11111111111111111111111111111111 2007-612 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Joint County and City Commissions Meeting February 25, 1975 Deschutes County Courthouse Annex Bend, Oregon 97701 Attendance: Abe Young Don Grubb Bob Montgomery Rod Smith Ruth Burleigh Clay Shepherd John Stenkamp Don Chichester Jim Flect Art Johnson Jack Donahue John Hossick Robert A. Herwick Theo B. Herwick Dave Hoerning Charles L. Plummer Sam Langmas Dick Carlson Sheridan Fahnestock Lucia Venator, Secretary Chairman Young called the meeting to order at 7:30 p. m. Bend City Manager, Art Johnson, took the floor and read a prepared statement he would read February 26 to the House Local Government and Urban Affairs Committee in Salem concerning the distribution of Forest Receipts. His statement was in support of an amendment to HB 2254 as revised to permit not mandate counties to share Forest Receipts with municipalities. The Deschutes County Board of Commissioners agreed to support this amendment as presented. Dave Hoerning reminded the city that they would not receive the amounts they did in 1974 because the county will not receive the monies this year that they have in the past for Forest Receipts. Rod Smith responded that the cities understand their share depends upon the amount the county receives. A formula for distribution of these funds was discussed. The County Commission wanted to make it clear that the formula used in 1972 would not be used again. It was generally agreed that after the legislation was passed would be the proper time to decide on a formula for distribution of these funds. Rod Smith moved that the County Commission and City Commission approve the amendment as read. Motion was seconded and passed unanimously. Art Johnson will verbally present the city and county support to the Committee in Salem. St. Charles Hospital was the next item of discussion. John Hossick, Bend City Planner, explained that the city had applied for funds through COIC for 420,000.00 for the rehabilitation of the hospital building for a Senior Citizens Center. Commissioner Montgomery said he felt this was a better plan for the building than the county had. The Veterans Service is also interested in this building for a VA Hospital. Jones-Neff Roads were discussed at this time. Jack Donahue, City Engineer told the audience that the city cannot do Neff road in a year. They could begin and do the east end. The city could go ahead on Jones Road. County Roadmaster, Charles Plummer, said the county is presently working on right-of-ways for Denser Road, one of the main accesses to the new hospital. He said the county has the funds to complete the sidewalks on Jones road. They should start work on this project before the water is turned into the canals. Don Chichester moved that the sidewalks be constructed on Jones road and the city and county do what is possible this year on Neff road starting on the east end. Motion was seconded by Commissioner Grubb and passed unanimously. V. Chairman Young called for a discussion on the Redmond Airport. It is in a state of deterioration and needs repairs. Commissioner Grubb mentioned that the meeting scheduled February 26 in Redmond was designed to answer all questions people might have about what needs to be done to the Airport to keep it operating. The possibility of a Port Authority would be on the agenda. The formation of a Port Authority could be voted by the County Commission, but the funding for one would take a vote of the people. Commissioner Grubb brought up the matter of the city and county sharing expenses on the construction and maintenance of streets that are in the city and county. It was agreed that representatives should sit down and work out an agreement that would be feasible to the city and county. There being no further business or discussions the meeting was adjourned. Respectfully submitted, BOARD OF COMMISSIONERS 9 C IRMAN COMMISSIONER C SIO 2.-,C ell oo, 1,2 c AGENDA FEBRUARY 25, 1975 JOINT COUNTY AND CITY COMMISSIONS MEETING 1. FOREST RECEIPTS a. discussion concerning rewritten legislation on distribution of Forest Receipts 2. ST. CHARLES MEMORIAL HOSPITAL a. discussion 3. JONES/NEFF ROADS a. discussion 4. REDMOND AIRPORT a. discussion l REMRKS BEFORE THE HOUSE LOCAL GOVER1,11MENT AND URBAN AFFAIRS COITHITTEE By Arthur R. Johnson, Bend City Manager February 26, 1975 In 1972, Deschutes County and the cities of Bend, Redmond and Sisters agreed to a formula concerning the distribution of Forest Service receipts. Since that time, we have annually received a portion of the receipts accord- ing to a schedule of total, sales and distributed on a per-capita population basis. In the current fiscal year the amount distributed to the cities totaled $242,000 with the City of Bend receiving $182,500 of the total sum. The remainder included approximately $50,000 for Redmond and over $8,000 for Sisters. The funds were used in all cases for the improvement of roads in the three municipalities. On January 15, 1975 in answer to a question posed by the County Roadmaster, the District Attorney's office stated "that any use of forest reserve funds for city purposes would be improper and would subject the Board of County Commis- sioners.to civil liability, for misappropriation of public laws. It was fur-- then stated that "State law requires that forest receipts be divided between County road and school funds and does not provide for paying cities for improv- ing their streets." After receiving the letter, the County Commissioners wrote the three cities and sta ed "there would be no distribution of these (Forest Receipts) funds to the c.ties in the future. In discussing the ,roblem with the County Commissioners, we found a desire to share receipts with cities if there was a legal method for making the distribution by the County. Our City Attorney= in consultation with the District Attorney's office determined the best approach was to revise the language of O.R.S. 368.705 to allow the distribution of forest receipts. This particular statute concerns the County Road Fund and this is the fund that contains funds received through Forest Receipts. Senator Fred Heard and Representative Sam Johnson introduced the legislation through House Bill 2254, which is permissive legislation rather than mandatory to allow the distribution of funds to the cities by the County. As this particular bill concerns counties other than Deschutes County, it was given a priority ranking by the League of Oregon Cities Legislative Committee and was unanimously endorsed. i am a member of the League of Oregon Cities Executive Board and Legislative Copunittee to represent them as well as the City of Bend. After the bill was introduced and assigned to your Committee, we dis- covered apprehension by Deschutes County that it did not specifically apply to Forest Receipts and there was concern about the distribution of other receipts in the General Road Fund. We, therefore, have drafted an amendment to clarify the situation and you will notice that it now specifically refers to O.R.S. 283.560 and 294.060 which involves Federal Forest Reserves to road and school funds. I h<ve attached a copy of the Statutes cited with a copy of the amended bill. I am well aware thr..t the County Counsel of the Klamath County Board of Commissioners has ren-<ered an opinion that it is permissable to share Forest Receipt proceeds with the cities. Our District Attorney's office is familiar with the opinio?-, but still believes that clarification from the Legislature is necessary. I respectfully req,.e:st your endorsement of H.B. 2254 as revised to permit, not mandate, counties to share Forest Receipts with municipalities. -2- A BILL FOR AN ACT Relating to County road funds and creating new provisions. Be it enacted by the people of the State of Oregon: Section 1. Section 2 of this Act is added to and made a part of ORS 368.705 (2). Section 2. The Counties are authorized but not required to share with Cities amounts received by Counties pursuant to ORS 293.560 and 294.060 to establish, layout, open, survey, alter, improve, construct, maintain and repair City streets and bridges within the municipalities within the County, on such terms and conditions as the County shall. decide, in cooperation with municipalities in the County. _ I Ill CX t3.lt .~i~ ' C-- -T,R-. [ N_G STATE ~ V _.l i:3..i . l": s".' tn+ 7 y~1 e~t ta132c3.5Tt}trr'f2 tlneF.t of Claims to S.c~.,f, ` 6s ; xC'f?lf.ir_; 1tTotV,'1t.h.Standill any other provision of lasv the presentlnen of claims for pa.y,nert from any money; i the State Treasury to the Secretary of St-at as Auditor of Public Accatrnts and the a.txlit St-ate of this section. shall. bK- epended suhj-ct to allowance or (Miler approval of those claims by the SeCret Lry of St~-.fe as Auditor of Pub- lic Accounts before the dr<.win~; of warrants in payment of those claims or oLhc-rto ise be- fore paS'inenI of those claims is not required by statute. Any reference to the audit:, al- loN anCe or otb.er approval by the Secretary of State of those claims before paymell't in ally general of Spociflc statute is intended to be and shall be considered a reference to 11he performance of col)stitt)tional functions of. the Secretary of Slate as Auditor of Public Accounts, and is not intended to be and shall not be considered a. statutory requirement that those functions be performed before paSnnent of those claims. [1567 C.45 X30) l 5 s , z _ } FED; 5 2133.5 l~ncci:)€, as,,i •z of ,..:rs?.clop ge;zer- a;.ly of f fec": fral arcl. 'kilo ncyumj c!epr'fiic 1"ki )e furld. (1) The Governor ay apply for, ac- cept a.nd receive, or authorize any state agency to apply for, accept and receive, fi- nancial assistance and grants froln the tTnited St?tcs or any of its a end, 11 f cia.l stataie ezr_pov 0rInr a, state agency to al.~ply for, accept and receive federal aid for t an~r specific purpose. xl (5) Funds received under subsection (1) expenditure limitations iln.po :eci on the re- S eerving st :te agency by the Lco'islative As- -1 ol', In ttre ab-c-, cc of Buell IrTillta 1J.Or' arly after rpq)pro:Va.l of the Lcgi lltive As- sembly 01• of the Emerf;ency );oard if , ap- proval is requir€ Ci during the ilzter, b+et ec~,.r sessions of the l e~;i.,lA five Assembly. the (G) tIn any c2s.? v,,hcre prior appraTral of the aut~rol•;ty to exp: l.d any funds available under subsection (1) of this :er_•tion is im- posed as a term or conditiolr to receipt of such funds, the Lc isi~~tive, A gsenibly or the Ellzergenc•3, Board may a.pf,rove exp€'rlcliture of such funds prior to tlleil. receipt. [1035 all §1; 1907 c.57 u..~7JJ eCC.Fl3fi a?zEa tll;v)i(i~ itlGn of 111017C 'S 1`e of 7 1LF l:ek3 Of c^^,.~ 6'iii.GA'cl:A 1~A rr 1_';4f - 'JilcS a.te Treasurer shaLIJ receive any znolzeys that 1:r1a~' be paid t0 the state by the United States, or anj- agelley tl ' ~cr t„ ill 1ie11 of ad valorem property taxes, all,3 shell retain Or transfer to the respective coulit3r trea- surers _rers the nione.ys So received il._ compliance "ith the al,l:,dal apportionment made by t.e Dcpa.rtment of Revenue, h [Pormlerly 291.;,32) to the . its g -s, su ~ect terms ~.na condiL~aons thereof, fa9• fi- nancing the cost: of any federally Sponsored Progr'am or pl'oject deemed beneficial to the Stag of Oreg on. Reg-Ulations established by the Federal Governrnerlt relating to such grants shall br, applicable to the extent they are not ill con Itict vith state laws. (2) Zile Governor may disburse or suPer- vise the disbursement of federal aid received under the provisions of subsection (1) of this section, or lie may d+.si-hate a state a -e,rcy to disburse or supcrvi:se the d.isburselnent of such federal aid. (3) The Governor s1lall deposit money received pur cant: to this section in a special fund N ith the State Treasurer as Providccd in ORS 293.265 to 293.275. The money shall be expended, pursuant to subsection (2) of this section, for the purrlc'ses for and in accord- ance with the terms l,y ti-hicll it is received, subject to the lrrovisicrs of sllbsectiori (5) of this section and ORS 291.260. (4) Subsections (1) to (3) of this sectioon shall not supersede the pro,'isions of any d it of Fi cl _py?oYtYf1I>t l ii MIIC f CG' +'iet Flz" C~J a 1'eG:;F~"€',if 'd?;1? G'; f°GFI fc;rct re>ez'~t:t cel,'ed by r the 't_„ :s ~(1) All stli).s re- te fro;n t:11-1e Urtited Gaverllrnent as alsl.rlbiztlvC sl}are State:,,- its cnrounts Colicc ' c-'rd by of c.t by file I7 rites; St~;.tes G-)" - ernrc for forez;t reserve rentals, sales of timber, and other sources from forest re- serves within il:les State of Ore;ozl, shall, upon receipt, be distriluted anion. the sev_ eras counties in which such forest are located. reserves (2) The Executive Department shall as certain from the proper united Slate' officers having the records of receipts from fcles± reserves, the amount of receipts from e ch forest reserve in this state for each e,1 for which money is received by the state A separate account shall be kept of the sum received fro)n each forest reserve which 11n shall be paid only to the county or counties in which the forest re~.crve is located. 1,acll CO"Ilty shall receive SuCh. pro- portional amou )s nt of the sum as the urea Of . the forest reserve ]lieivaed ;.'lt'rtl?I the bound- aries of the county bears to the total areaz of the forest reserve within the state. TIIe department shall in all cases Avhcn possible make all coinputations upon the net areas of such forest reserves according,, to the data furnished by the federal officials. [Formerly 291.53=] 20,,3.565 Apporiionnic'11L i 2ii12g CO'Zli l^F; C)f 1;30II ' i I'CE 1Z- 1In t3n, Ir mire 2 Y !_t{~ t~'.l:tj 1"_~•f'. i.C r.'z Ltl r• ls._zx. r21 r.:i~sey l'I a::tl. (1) All funds rece-1-ved f-,Orl the United States Government by the State of O"egon as its di.,stributlve share of the anZouras Collected under the provisions of the Act of Congress of February 25, 19211, 1r]. St;iit. X50, known as the Tyiin.eral Leash]- Act, and any Act maen.datory thereof, shall Ilpol2 receipt by the Sflate ~t_re.a user be credited to a special fund in the : tatc Trea- sury to be knovy-n as the Fedel'al Mincro.1 Leases Fund and shall be distributed to the couliticS ill which such 'Leased public 1cIlds are located. (2) The 7'~>ecutive Department shall as- certain from. the proper United State offi- cers ha,vi.nt the records of receipts from the sources in this state for which money is received by the St-ate of Oregon and shall ,g 'agate a IId pay over by warrant to the county in which the leased public mineral land is located the su=ns so received. Where 'lie leased public mineral. land is located in chore thmi one comity of the state, each shall receive .;uch proportionate amount of the suns as the yrea. of the ]cased public mineral land includod Ni-ithiri the boul:d.ary of the col.inty beam to the totn,l area of t:lie leased public mineral Jai-ids wiclli_n the state. [Formorly 2,91.53G] 293-570 Apr3cizfl C_o')IineZli; -,IIIL7i1~' COI?IIi.1Cc, (if 1r1f1i,: 'y I`f'0C ;'efl. from ,~•~+~ef1CI' l =:7vt.r12- YSlP% III1de;Y f E',i :J t?Zf20 l CEtrifl°ol?.C i;=+f tP- er-t, TT10 0;1 CaT, x'ol rs«ses 17-t md. (1) All fIZIIQS rec, ivcd from the United State. Govel•nmerlt by he State of Oregon as its distributive sha e of the amouhhts collect=ed under the Feel.:ral Flood Control Act and Acts amend- ..to- y thereof' and supplemental thereto, shall upon receipt by the State Treasurer be crec ited to a special fund in the State Trea- sur• to be IrnoNvn as the Federal Flood Con- trol Leases Fund and shall. be distributed to the counties in which the leased flood control lands from which such funds were (2) 7`11C rxecut.ive Department. shall as- certr~irr i~ran2 the pA•Oper Unit=ed States officers having the record of receipts from such sources, the names of the counties in which the leased flood control. I.-o ds from which fillch Rinds have been received. are loc,-ted, and shall Seg-reg2te and li8.y Ov21' the Slams by vmrrant to such counties. If such hinds are located in more than one coll. ty, each :.iha,ll l.'eOei PC: an a.A70li lit pro por tlOna to to the area of the leased land withil2 th.e county. [Formcrly 29.1.538] ~ j.a7 G) ) IS'tribI-4- on of fur'AdS I.?(.OEiL ull&r file IT - ' h~ lOY' ~r^.;iii. g Act. All fulhds received from the United Stat('s Geverrirnent as a distributive share of the a,-)_ioi.Ijts col- lected by the Unitcxt Sty+.te:; Goverl2rAic:nt under the provlslOns of --t' Act of Co"1gfess ; of June /8, 1934, public C{G`Cli;t C`:It NO. ~s.82, 1ti1rOi4Ii as tlhe 'T'aylor Griczing Act, &r.Cl airy Act amend.a.tory thereof shall., L113oI;. receipt, be distributed to th several counties in t lliclh such public landU are located. Tlhe Executive Department. shall ascertain from the proper United States offi.ccr.s, having the records of rec,lJpt:ss from? grazi hg permits, and leased public lan&,, the amount of receipts from such sources in this slate for each year for vvhicll money is received by f1 .e state. A separate account :;]hall be kept of the suln rocoin ed fronn each -•raz;n, district and lease of prlblic lands, hick smn shall be segregated by the depa.rtlneiht and paid to file county in which the gr2~7ing district or lease-d public land is loca.lecl. f'mvever where the gre..--i.ng district or leased public land is located in more than 031e county, each shall receive such propor- tional amount of the sum as the area of suelh graziam district or leased public land included Nvithhn the bounc a.ry of such county, shall bear to the total area of such grazing district or lease. [Formerly 606.226 and then 291-5',O] rrO yrs.: ATM,) r,V v 1r' 293.520 Executive 1:~, p1: I ulna. to su- liC',rvjs'e state ?gellcy acca:tlltn"'; flirni him- .Cc011TQtiDt-, SCI-Vices. (1) `.1'hf' ecutlve De- par'c.nlent shall direct and con trol the account- ing for all the fiscal affairs of the state gov- ermlicnt and agencies; tllere.or, and shall pro- vide for the maintenance of accounting records, including accounts stated in surn- mary or in detail for 0, f• 1 o.~c 1 ,ca. nffazt a. Tau c'~:1°ived are located, dehaz•tnlent i:s responsible for estit r_,li ;hixi.l; a.zld 1106 Ate y~~(.s!-: 7 I',.C'"/T *T ~-r _ _ 7': ~J.. .~f:.L.J Psi ..L:c _a t.i.''•!-rl.:..l L'_'..?~~_R i_~i.!.^•.F:.I. s. i.Y~v, y.*-.?` froln, for first in Stile genera). fused, or from the em(z,- °ger ey funel. [Anaende d by i :c^ aiif;s ~~,8; 1"S o _i; §1] 2RUKil", i? ti4i~i xt E y C` :ulty Iii 2eJ2S!- ter 1 tul y of CCs' ' 7 tr Y 7 't rna.y invc-ot any sirilain[; fund, bond fum.d or surplus of funds in his cust-o 3y in I"Ells' ic;° '5 arrants of that cOili-rty is: ued under 0I13 287.4.82 to 187.x::88. [1959 c.208 §1] MGM Use by Co` :i''_m; of money; r;- CO!VG t from ltof S ,l `r l ~x.3Jcii ?It Eip!'Ltf.I' tit'.:' .,.si.i.g All funds r ceivcd frGa I the Uiiited States Covernntlcn.t- under the Mineral Owing Act and Acts a?ilcn0atory thereof and di:_tributcd to eoun.c.ics pur: ,,j m t to Ol''~S 2(9,3r,uJ shall. be im eC? for %Iie sirm): rt`, of pu blic schools or for the construction and' rnaintcnancc-, of public roads in such countri,s. of I?'f3i`e`:;}':s Coved by court e=,s f'rcll r fc.' Aral fei~>t r. Serve: to rod and SM1001 funds. (1) The moneys received by each comity under OitS 293ZGO shall be C?1 e'iCLC'(.[ r~U pament to Ilse road fund and 25 percent to the school fund. of the county and, :.,ubj-ect to st..C1tie.cUOily (2) and (8) of this section, the moneys Cl-all be expended as other money:; in tho~-,a funds are expcnde.d. (2) The nioneys a.p iortione d, to the county road fm3d may be applICd in pa°,,- inent of any outs{i.4 nedn% road bonds or may be pl ood 0 any comity road bond rithl,ing fund for the purpose of being so applie_... (3) The mancys apportioned to the sabool fuiice jr. any county of a.tin;; t....iUer . x.c: by virtuc of ORS chapter 83: ::ball be uzed for anci applied to the p_~..)-nit nt: of tlic bond ~d and !':'al.•1'ant indebt?.L nc y of Vne school 1dJ tr'ic.t.s incurred prior to Jau-many 2, 119,2b, until arch bonded and warrant indebtedne2s h?.s b,-,-n pa-id in full. (4) IErot:','ith %aildlri4 the division of re- criots specified in ,i bsceti.on (1) of this .;f.;'„ ti in any county with a po-p ilFt,t?on. or t Ca 8000 and i:t-hore than 6&t aceordin°' to tl,c latest federal deccnnial ce37._,-Lm, naom;ys h ; n the road fund in c :ccs of ","600,000 rli,,.y b trsnisfe;.°red to the school fund Virus;." the wi,, )unt of gooney credited to the road fund ua er subsection (1) of tliis -section exceads the amo-tuit needed for county roads, as de- ten.nined by the board of county commis- sioners. Any amount: receivod by n, school trict from the scliool find of the county that is in excess of the 25 percent rec;i.dred wider xi si? -ec:I'ion 0.) o this section shall not b: con: dered as a. reccipt that would rcuuec the di.-Ar'iCt's apportionnici s from the 13,rsic School Supl_Inx t Fund. [A.nYe;Idet by 15 ~ x327 §1; 1971 c.5S9 §11 Fji?.~i~5 pl L t;w cai rt c of I;ifca_ r-F- EC' v3esi fl,w } ~ i•:If Fed..w"i'l Flow, v }f:c:'Gl t1^,`, <1:l It.IGl1\: ' ; re- ceived from the Uz it:ec2 S' at:e : Covcrri zhcrtt under the It ec'eral Mood Cont..-(--)l Act, and Acts amende.t.ory thereof and supplerncnt:al thereto, raid di triuutcd to counties pi r'sumlt to 2 Vr J M.5 J, sb2i! be 7; e f 1o s:..." fit of thc: pubic schools anti public roads of file counties receiving the funds. it ,fs'fC E.i;:.rf.C,Ee.. z„`.., of s_atti„r?r S' A !'.Ct• (_t) All su is C%s i :,Ti ~Cl to the colmdc.s wider Cll:iS 2D ?7.`.i ll ~ll bL! c~-- peridec6l by tike eottiy%y (`,GL .'t for tbie benefit of the cutint`;' in wh.I6-i the gr';',7.ii. district or le..re cl. pu'';ii.c; land r`: $h u ted. >_t.ME expended liar micth covi't, ul.mn tl;.C' Jpprova.l oa' its, ad i sort' hoard., in he hr.j,)r,-,vc-T-n iii of the {.T`?..i:.iilg (1.iSt.i.`iCt CCtntr'li.ilti,'.l.g C7E?c11 ):ttfi.d. (2) L;,cept x `1 provided in si'ib.-C c'tio i ) of two Sectio'", money from grazing, fcx. of :rpch, di.tith°; 't,c be expended wil h-1 such dist:riot as the board of c'i st. ici ad- vr'eG!. Cl{{-!:s lIi1 ayT u` ' 3 .l, i'r V {?t.t and iJ.'-~aG:.l l be i~Yr j'.'d:....L (:?i.lV for fang- suc`la av fences, r% CZ e>?I ' N ell. , 4`r';,'` 'X C? t Clrrtl;~2 T).± li'? J i- ten nce and otber improvements alp- proved by the cyst trice F dvisory board.. (3) Pety„n.:;.ii; ; Ppl:troval by the dirt iict _dvi:.-{')'`1' IJ i~i..'l! of tiae expendht-,orve of i'.tach money, all or any pant of it im y be in- vested in United :hates CovCli'_?:t^Eit £ ..:;t. in such case the sect?ritics it tall be i?G11 by the C'CUrjQ~7 ti's i i:r r in lt'''cu of i sue b n1C!%lr`.'.y so ihhve,,-. d and :}lil7' J^ct tc, liquidation and and exp enditil. o. when recor: send--:d by the district advisory board. r / In coumtics rc eeivit3'~~-' fiti dz, from gra7, t-ig districts coyAf-isms hidi, r? 1 r.ds ceded to the 1.)iiitcd St atci.: for 6is-position under puOilic land larva,, finds Caerefroin shall be mpended by the comity court for the benefit of public schools and public roads of s-ucll county. (5) In counties in xhich there are leased londs but no grazing dh; rict, such shall b ; c.:. end1c ? by the county court through the; coilnoy, l;enrcal fund. [Forn?crly 600.°30; amends-d by x903 c.255 cx] - 22