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2007-815-Minutes for Meeting July 10,2007 Recorded 6/19/2007COUNTY r NANCYUBLANKENSHIP,F000NTY CLERKS vJ 2007'815 COMMISSIONERS' JOURNAL 111111111I t111111111111111 I II 4611912041 11;20;45 AM 2007-8i 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 1 BOARD OF COUNTY COMMISSIONERS JULY 10, 1979 - DAILY MINUTES Chairman Shepard called the meeting of July 10, 1979 to order at 10:00 a.m. with all three Commissioners present. The first matter on the agenda was Commissioner Young and the Planning Department. Commissioner Young stated that he felt that the people deserved an explanation as to why all of a sudden there is something in the planning department which has been ignored for a number of years and why it should be enforced now. Commissioner Young stated that Craig Smith had "decided to use a term of 'open character' " when he is processing applications. Commissioner Young also stated that he felt that this "open character" is detrimental to the people of Deschutes County. Bill Monroe, Planning Director, went over the planning process for the Commissioners. The process must conform to three items: 1) state law; 2) LCDC goals and guidelines; 3) the comprehensive land use plan. Previously, the planning department had not been allowed to use their expertise in processing applications as they came in; they are now. Bill Monroe defended his department's procedure for processing applications in some detail. Commissioner Young stated that it was his belief that Planning and Zoning has gotten to the point where the welfare of the common man is irrelevant. There was no action taken. Next item on the agenda was Boones Borough I. Lynn McKibben was present for this item. Chairman Shepard turned the meeting over to Mr. McKibben. Lynn stated that there was a problem concerning Boones Borough I and that Lynn feels is beyond his engineering/technical knowledge and is more of a value judgment and believes that the commission.is imminently more prepared to handle that sort of a decision. Norm Cork(?) is doing the construction on'.the above and feels that he has reached a point where the road department was asked to do an inspection on the base material. Mr. McKibben said he went out and looked at the site and was not of the opinion that the road met the specifications and based on engineering judgement alone, he did not feel that he could recommend that road for acceptance into the county road system. Mr. McKibben said the requirements to build the subdivision have been met already and the reason that they are planning on going ahead with paving is because of two reasons: 1) they would like to have this accepted into the county maintained system; 2) they would like to be able to serve their people. Mr. McKibben is not sure of their priorities. Because of the base material used, Mr. McKibben would not be able to recommend accepting this road in the county system. Commissioner Paulson asked if Mr. McKibben had relayed these feelings to Mr. Herring or to Mr. Cork or anyone related to the project before it was started. One of the men related to the project told the Commissioners that he had only talked with Charlie Plummer when he came-out to the site to give the workers the letter of acceptance on the first subdivision and if there were any changes other than the cul de sac, he could get them later. Mr. Herring stated that he did not feel that Lynn McKibben was even aware of what was being placed on the road surface until the oil mat was discussed. Mr. Herring stated and was sure that Lynn would verify this that they wanted to build the best road they could and have it be accepted into the county maintenance system. Mr. Herring stated that they have been having big trucks hauling the paving material in and out of that area for some time and the road base has held up just fine. Mr. Herring said that this road is in a rural recreational area and does not have to be paved and there aren't any specs for a recreational road. Commissioner Paulson asked Lynn McKibben if the County has any written specifications; Lynn said we do and people who build in residential zoned area are to follow the specifications. Mr. Cork stated that he never heard 1 c I BOARD OF COUNTY COMMISSIONERS or received anything from the road department concerning any problems of it being accepted. Lynn said he could empathize with Mr. Cork's viewpoint but could not in his own mind accept the road. Mr. Cork made the point that the road he paved had been having 15,000 and 16,000 pound trucks on and the road still hasn't a break in it and it didn't even buckle through the frost of last winter. Commissioner Paulson stated that he thought that any good businessman would want a copy of the specification before he started a project to be sure that it would be accepted when finished. Commissioner Paulson also stated that the County should document what its doing, and if it is only going by verbal assumption, then maybe the County should '.'eat it". Lynn McKibben stated that the material that Mr. Cork is using is okayed by the State Highway Division to be used for select..backfill and trenches to fill over sewer pipes etc., it has a fine strenth and below the base it is stronger than the cinders but what they lack is the ability to let the water pass through them if they are dirty enough to bind. Lynn McKibben said that he had proposed to Mr. Cork and Mr. Herring that on top of this pit run round material that they had in already, they already have in 8 to 10 inch depth, which is sufficient strenth wise but not for drainage, Mr. McKibben had proposed that they put on top of that either 4 inches of crushed cinders or 2-212 of hard crushed aggregate. The idea behind doing this is allowing for water to escape and pave over that. There was further discussion over the paving and material used for this road. Mr. McKibben read some of the specification aloud that he felt were not complied with to the best of his knowledge and stated that he believed the burden of making sure the inspections are done are left up to the developer or contractor. Commissioner Paulson asked Mr. McKibben about a September 30, 1977 to R & B Properties from John Oshol of.,the Road Department is that they were given permission to go ahead with their road as "Deschutes County approves the subgrade and base for all roads in Silven Knowles, a subdivision. . Lynn stated that this is a transaction that has taken place in the.past. Lynn McKibben stated that before a road can be constructed, the contractor has to have an approved inspection from the County if the road is to be taken in the county road system. Commissioner Paulson asked if the current procedure vas to have a one-year waiting period before it was accepted in the system; Lynn told him it was. Commissioner Paulson if it would be possible for the County to make a special agreement in this case where the County would agree to take it over in writing two or three years hence rather than one and at the end of that period if the road is in good shape at that time, the county would take it over, if not let it be corrected. Lynn said that this was entirely possible. Commissioner Paulson stated that this would be in lieu of going back and putting on a top. This was agreeable to Mr. Cork and to Mr. Herring. It was stated that at the end of the waiting period the county did not have to accept the road even then. Commissioner Paulson suggested adding to the time period a bond such that if the road was not acceptable to the county at that point the bond would be sufficient to bring it up to standards and then the county would take it. There was some questions as to what specifications the road would have to meet in three years time; Commissioner Paulson stated that there would be a written agreement to that effect. There was further discussion regarding the amount of the bond. Mr. McKibben stated to the Board that the contractor and the developer has several options open to them: 1) They can stop construction right where they are without any pavement; 2) they can modify the existing section the way suggested and then Lynn--McKibben"`would recoimneri tsacceptance as he would any other road; 3) an agreement=be "struck" that would"mature in three years and would either be repaired by bonded money or accepted as is. MOTION: COMMISSIONER YOUNG moved that the people conneeted,with Boones Borough.proceed with their paving project and the commission set a three-year acceptance period and a perform- ance bond be supplied. Mr. Herring asked if it would be possible to include in that motion that the road 2 t BOARED OF COUNTY COMMISSIONERS would be accepted no matter what since there was to be a bond posted. Mr. McKibben stated that he did not think that "we need to accept these roads at the end of three years, I think it has been moved to accept them now as soon as the pavement is okay." Lynn McKibben stated that he is recommending acceptance of the section of toads with the bond as protection. There was further dis- cussion about the bond and how much it should be. The road department will work out the details of theamount. Chairman Shepard asked if there was a second to the motion. Commissioner Paulson suggested that the motion not be to accept the road as of today but accept it as of the mutual agreement on the agreement to be drawn up. Commissioner Paulson stated-that with Commissioner Young's approval he thought it.would be appropriate to ask Lynn to phrase the motion. It was ok with Commissioner Young. MOTION: LYNN McKIBBEN stated that the section of the roadway protected by a bond for three years will be acceptable. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER YOUNG: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN SHEPARD: Aye. Lynn. McKibben stated that he would like to make a comment for the record. "I do not approve of this construction for any future subdivision. I don't believe that is based on good engineering judgment. I do believe that we have a responsibility to these gentlemen because of past performance." Commissioner Paulson made a comment for the road department's benefit: "I believe that it is crucial that every such determination be in writing; that all of the contractors dealing with the road department be fully aware of what the specifi- cations they are required to go by are,including if they are building a rural. recreation development they are not to be taken into the County." Lynn MKbibben stated that he believes that is already being done because of "past skeletons in the closet". Next on the agenda was County Budget: Special Election. Chairman Shepard asked Lou Dvorak if he had any comments. Lou told him to read the order into the record and summarized the packet that the commissioners had. Chairman Shepard read the order into the record. MOTION: COMMISSIONER `r,PAULSON moved to approve the order-. CHAIRMAN SHEPARD: oecond. There was discussion regarding the different departments budgets. There was discussion that there were several changes to be made. Commissioner Paulson added to his motion that the changes made be accepted by the Board. As the seconder, Chairman Shepard approved this addition. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Lou then brought up the certificate for the county clerk. Chairman Shepard read the certificate into the record. Chairman Shepard said this certificate was because Deschutes County was understaffed; Commissioner Paulson suggested that the wording "because of high growth" should be inserted. MOTION: COMMISSIONER PAULSON moved to approve the certificate. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. 3 BOARD OF COUNTY COMMISSIONERS Next on the agenda was a Deschutes County Tax Levy Outside the Constitutional 6% Limitation Proposal. Chairman Shepard read the proposal into the record. MOTION: COMMISSIONER YOUNG moved to accept the ballot. CHAIRMAN SHEPARD: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. Next on the agenda was a Renewal Agreement, 11th Judicial Criminal Defenders Association. Chairman Shepard explained the situation to the other board members. All counties have signed this agreement except Deschutes County from Doug Brown. Mr. Brown would like this agreement signed. MOTION: COMMISSIONER YOUNG moved to sign the agreement. COMMISSIONER PAULSON: Second. VOTE: COMMISSIONER PAULSON: Aye. COMMISSIONER YOUNG: Aye. CHAIRMAN SHEPARD: Aye. There being no further business the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS & - Al CLAY C. S E airman AL ERT A. YOUNG, Co ' ssion r ROBER C. AULSON, JR., Commissioner /jo 4