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2007-1091-Minutes for Meeting April 07,1981 Recorded 6/20/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS ~d ZY~~-1091 COMMISSIONERS' JOURNAL 0612012001 10;54;55 AM 2007-1001 Do not remove this page from original document. Deschutes County Clerk Certificate Page L C t 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 ..a DESCHUTES COUNTY BOARD OF COMMISSIONERS APRIL 7, 1981 - REGULAR MEETING Chairman Paulson called the meeting to order at 10:00 A.M. Commis- sioner Young and Commissioner Shepard were also present. Amendments The amendments to the Agenda were as follows: (1) to the Agenda Decision regarding requested fees for the National Asso- ciation of Oregon Counties, (2) Discussion of appointment -to Eastern Oregon Health Systems Agency, Inc., (3) Discussion regarding attendance of the Department of Geology Public Hearing, (4) Budget considerations and (5) Building Safety Week Proclaimation. MOTION: SHEPARD moved to amend the agenda as described. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. These items will be heard under Item #8, Other Staff Public Concerns. Deschutes Chairman Paulson called for comments to the Board regarding River Recre- this L.I.D. He noted that remonstrances would be received ation Home- until 5:00 p.m. that day. He called for the report from sites L.I.D. the Public Works department. Gary Judd, Public Works, came forward. He gave a brief accounting of the remonstrances received so far, totaling 198 (360). This information was on a memo to the Board from Mr. Judd dated April 7, 1981. At this time Chairman Paulson called for comments from the audience. Robert Berryhill, 16301 Park Drive, came forward. He pre- sented to the Board a petition signed by all but four of the full-time residents in Deschutes River Recreation Homesites in opposition to the L.I.D. He said that the cost of this was too high for many of the residents, and that it may cause them to lose their property. He suggested that the road be constructed of an oil mat rather than the paving currently proposed. He felt that this was unfair because it was his impression that the oil mat was the original plan. The current cost was so high that he felt the L.I.D. should not be formed. He also noted that some people had not received notification in the mail. Joe McNeely, Twin Drive, came forward. He owns two parcels in this subdivision. He commented against the high cost of the project. He had driven through the area and made notes that he relayed to the Commissioners: he had found 33 blind intersections, 24 "for sale" signs up and 46 full-time residences. He did not feel that 20 days' notice was sufficient. He noted the monthly cost of the assessment which would amount to $48. He noted that this assessment would total more than the cost of the lots themselves. He also noted that with 1-1/2 miles of straight track there may be some problems with drag racing. He read a letter aloud which he then gave to the Board.,written by his son- in-law. He also felt that lack of response should not be considered a "yes" vote. Page 1 of 8 Deschutes County Board of Commissioners April 7, 1981 - Regular Meeting Anita Gowgeil asked if the $2495 included 15% interest. At this point, Mr. Hudson briefly explained the finan- cial aspects of this L.I.D., mentioning that the sale of Bancroft Bonds would result in a maximum of 10% in- terest. Ms. Gowgeil also asked about using an oil mat road instead of pavement. Mr. Hudson explained that it was so expensive to put down 12 inches of cinder, that it was cheaper to use pavement. John Jansen, 16820 Park Drive, came forward. He argued that oil mat would hot be more expensive. He said that pavement would make their road of higher grade than the State road that leads to it. Mr. Hudson responded that this is the County standard for subdivisions. Joe McNeeley again came forward to ask when the Board planed to make their decision on this matter. He asked that before they do, they drive over these roads and view them from an airplane. He felt that the present roads were adequate. Robert Berryhill came forward with questions on the County road specifications, especially as they relate to having a 12" base for the oil mat. He read part of the County road specifications aloud. Mr. Hudson responded that those specifications had been changed and they now require a 12" base for oil mat roads. Joe Darcy, 16108 Park Drive, came forward. He said that 80% of the people who signed the petition thought that this,road would extend to Day Road. He said that this proposal would make it so that the roads inside the subdivision were paved but the roads outside leading to it would be gravel. Mr. Hudson explained that the boundaries were the same on the petition. He said that if they extended the road to-:day goad it would have ex- panded the district and included more people. Bill Gowgeil asked if the Board was required to go ahead with the L.I.D. if they did not received 50% remonstrance by 5:00 p.m. Rick Isham responded that since this was done by petition and resolution by the Board, it was their right to terminate this L.I.D. even if 51% remon- strance was not received. Being no further comments, Chairman Paulson closed the hearing. He suggested that the Board take no action on this until after 5:00 p.m., the deadline for remonstrances. After some discussion, it was decided to put this decision on the next day's agenda. He added that no testimony would be heard at that time. Loma Linda Chairman Paulson opened the hearing. Gary Judd gave the L.I.D. report from the Public Works department on this. He said that out of 32 lots, 4 remonstrances had been received. Chairman Paulson called for comments from the audience. Page 2 of 8 Deschutes County Board of Commissioners -April 7, 1981 - Regular Meeting Mrs. Autlinger, Harvest Drive, came forward to express opposition to the L.I.D. She said that some of the people who signed the petition did not know what it would cost. She said that she had started a petition against this for residents of Harvest Drive, but found that more people were in favor of the project than were against. She also made comments on the cost of the project. She said that she lived on the corner of 58th and Harvest and noted that there were many children on 58th Street. She said that this would be a 35 mile per hour limit and expressed concern for the safety of the children, and said that there was not much Sheriff's coverage in that area. She asked that Loma Linda be paved but not Harvest. She said that there were 10 people on Harvest who did not want it paved. Commissioner Paulson said that they had been petitioned to pave a certain area and they were bound to do this. Chairman Paulson called for other comments, being none, he closed the hearing. It was decided to take action on this L.I.D. during the next day's meeting. Tetherow Chairman Paulson opened the hearing and called for the Crossing Road Department's comments. Gary Judd came forward. He L.I.D. said that they had received the same percentage:--oaf remon- strances as they had received on petitions; this being 670. Being over a 51% remonstrance, this project must be terminated. Mr. Isham said that he would draft an order to that effect. Howell's Chairman Paulson opened the hearing and called for the Hilltop Road Department's comments. Gary Judd came forward and Acres L.I.D. said that they had received a negative vote of 55% as of today's date. Marvin Young, 850 N.W. 49th, came forward. He spoke briefly of the history of this project, which was begun two years ago. He said that they had been forced to pay the engin- eer's bill which had reached $10,000. He said that one person had 15 votes (15 lots) and that is largely what voted it down. Chairman Paulson asked why this LID paid its own engineering fees when the others had been assisted by the County. Mr. Hudson responded that the others had been begun before this one and the Board later changed its policy on this. Mr. Young was in favor of this project. Don Cassina, 5058 NW Jackpine, came forward. He spoke in favor of the project. He said that it was his understanding that the County was required to take over these roads. Mr. Hudson explained that the County will not take responsibility for any road unless it meets county standards. He said that the County would not come in and build the roads or take over maintenance of them. Chairman Paulson said that they had the option of coming back with this project in one year. Mr. Young asked if they could come back in less than one year if they changed the boundaries of the L.I.D. Mr. Isham said that he did not Page 3 of 8 Deschutes County Board of Commissioners .April 7, 1981 - Regular Meeting know offhand, but could research this. Commissioner Young suggested that Mr. Isham do this and relay the information to Mr. Young as soon as possible. Discussion Mike Maier, Director of Administrative Services, came regarding Law before the Board. He said that the Board had been pre- Library sented with the proposal of relocating the law library to the old museum building. He said that letters had been sent to the local attorneys advising them of this proposal and asking their comments, if any. So far there had been no negative comments received. MOTION: YOUNG moved to proceed with the law library. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Discussion Commissioner Young said that the trade involved a piece regarding of property belonging to the County and one belonging to Vincent Quas Dr. Quas. Dr. Quas' land was valued at $406,230 and the land trade. County's valued at $273,600. There was some discussion on the trade. Commissioner Young read an agreement pre- pared by Dr. Quas in which conditions to the trade were listed. Bob Mayfield, representing Dr. Quas, was present. He said that they were not interested in any trade unless the County provided access to the County property from Highway 126. There was some further discussion on the conditions proposed. MOTION: SHEPARD moved that the County not proceed with the trade under the conditions requested. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. If a dollar-for-dollar trade is proposed, the Board said they may be willing to negotiate. Discussion Lou Dvorak, attorney representing the Inn of the Seventh regarding Mountain, came forward. He said that the question; had Solid Waste come up as to whether the Inn was permitted to haul their Franchise for own garbage for the condominiums. He discussed the his- Inn of the tory of this situation. He said that the condominiums 7th Mtn. and there are handled in much the same manner as motels, who Romaine Vil- are allowed to haul their own trash. He explained the lage. role the management company had in relation to the condos. He was not seeking a franchise for the Inn, but the right for them to dispose of their trash themselves. He said the Solid Waste Advisory Committee had not found in favor of their position. He said that it is much less expensive for the Inn to haul their own garbage and that they do a better job. He said they own all the equipment to do the job efficiently. He said that residents of the condos not associated with the management are free to deal with the franchise if they desire. Page 4 of 8 Deschutes County Board of Commissioners .April 7, 1981 - Regular Meeting Warren Klug, He felt that the facility qualified to recognize th, as any other General Manager at the purpose of the sanitary. He said do this. They are air ability to haul business has the r the Inn, came forward. ordinance was to keep that they were well asking that the County their own garbage, just ight to do. There was some discussion among the Board on this. Mr. Dvorak handed to them copies of recommendations by the Solid Waste Advisory Committee. He read part of this aloud. Next, Mark Hanson, Attorney representing Romaine Village, came forward. He begam_by saying the Romaine Village was in a different position than the Inn. He said that what they were here to discuss at this time was only the rental portion of Romaine Village. He said that by hauling their own garbage, they would save approximately $8,000 to $9,000 per year. He felt that the text of the ordinance did not make clear its intent. He felt that the ordinance was designed to keep others from competing with a franchise,.arid that it was assumed that when it was written that people could still haul their own trash. He did not feel that Romaine Village was competing with the fran- chise, only hauling their own garbage. He felt that the intent of the ordinance supports this, but the language does not. There was some discussion between the Board and Mr. Dvorak and Mr. Hanson. Next, Mike Mills, Attorney representing Sun Country Dis- posal, came forward. He said that today was the first time the Inn had expressed any dissatisfaction with their service. He asked if this was about cost or a complaint about service. Warren Klug responded that this was a combination of cost and fluctuation of need. He did not feel that they should be asked to pay more than what they could do it for themselves. He spoke to the question of ordinance text and said that the Inn was not the same as a motel. He said that the Board should follow the recommen- dation of the Solid Waste Advisory Committee, as their function was to make recommendations to the Board on matters such as these. He expressed concern about many large-fac- ilities hauling their own trash and causing conjestion at the dump and wear on the roads. He also felt that this would result in less ability to properly manage the solid waste program. He said that this would amount to a dis- solvement of the present franchise system. He felt that the ordinance was a sound one, as it has been used in other counties as a model ordinance. He said that fran- chises had been formed because there was a lack of control with allowing everyone to.haul,their-,-own trash., He said that the purpose of the ordinance is to regulate trash hauling. There was some discussion between all parties following. Page 5 of 8 Deschutes County Board of Commissioners .April 7, 1981 - Regular meeting Chaifman Paulson called for rebuttal. Mr. Hansen came forward. He read the ordinance aloud and said that the ordinance is very broad. He again discussed the intent of the ordinance. Mr. Mills came forward. He spoke of a letter from Mr. Speck and Per. Dvorak stating that some companies could not haul trash without a franchise. After some further minor discussion, Chairman Paulson closed testimony. He said that this will be taken under advisement for a decision at a later date. Other Staff/ Maryann DeWitt came before the Board to askfif the Public Con- County had any money available for them to borrow cerns: Des- to begin spraying in the vector control district. chutes River Chairman noted that the County had lent money for Rec. Home- this purpose in the past. They must loan the money sites Vector in June or July but repayment is not made until November. Control Dist. The request was denied because the county has no money to loan. There was some further discussion. Mrs. DeWitt asked about what chemical was sprayed.for this. The Commissioners did not know, but advised her to ask Marv Young, County Extension Agent. The meeting recessed and reconvened at 1:45 p.m. Other Staff/ Chairman Paulson noted that the Commissioners had received Public Con- a request for payment of fees for annual membership to cerns: Dis- the National Association of Counties. cussion re- MOTION: PAULSON moved to disregard this. garding re- YOUNG: Second. quested fees VOTE: PAULSON: AYE. for the Natl. SHEPARD: ABSTAIN. Assoc. of YOUNG: AYE. Oregon Coun- ties. Discussion of Chairman Paulson said that he had been notified by Mr. appointment to Lee Clinton, a~:.member of the Eastern Oregon Health Systems Eastern Oregon Agency Advisory Committee, that he would like to be re- Health Systems placed by July 1. The Commissioners agreed that they Agency would like to avoid placing an ad in the newspaper because of cost. Commissioner Shepard suggested Hiltje Hubbard for this post. There was some discussion and it was agreed to place Commissioner Shepard in charge of finding someone for this post, without any cost to the county. Discussion of John Andersen came before the Board to request that he, Attendance of Brian Christensen and Rick Isham be granted authorization the Department to travel to Portland on April 8 to attend the Department of Geology of Geology Public Hearing. He said that this was necessary Public Hearing in order for them to take over authority of the surface mining reclamation in Deschutes County. This travel was approved by the Board because the Board had already approved the county taking over surface mining reclamation, and they were now obligated to go. Mr. Isham said they would leave early the same morning instead of staying overnight, which Page 6 of 8 Deschutes County Board of Commissioners April 7, 1981 - Regular Meeting would result in some savings. Budget Con- Lynn Stonelake came before the Board with some requests siderations for budget considerations.in regard to several programs and expenditures. Chairman Paulson had drafted some proposed responses. With regard to the WIC program, he felt that since it was entirely outside funded, they could stay open but go to a 4-day work week. In regard to the family planning program, Chairman Paulson suggested a 20% reduction in the whole program. He said that his reason for this was that it is an indicator of what will happen in the future if they don't have the money to meet the matches on these grants. He suggested that the reduce the Health Officer's salary by 20%. Since he must be available seven days a week, he will have to find a way to cut his time by 20% in some manner. Since this is a contract agreement between Dr. Spence and the County, the contract will have to be examined to see if this is possible. The-Board will communicate the answer to the Health department as soon as this is done. Under Materials and Services, Ms. Stonelake asked if the auto expenses will be paid in the same manner as in the past. The Board said that it would, however, there should be no out-of-county travel. They will reduce their contract with Hiltje Hubbard by 20% also. Ms. Stonelake said that there were some school districts who.had already paid for health services. The Board responded that they should receive the amount of service that had been paid for, but they should not receive this service on Fridays. The Board had received a memo from John Glover, County Sanitarian, expressing his disapproval of recent budget decisions. Jane Kirkpatrick of Family Counseling was present. She had demonstrated how she could re-arrange the money that they get from the State so that they would not have to reduce any personnel hours. There was some discussion on this. The Board agreed that they should not change the original plan of a 20% reduction and decided not to accept this proposal. Ken Glantz had sent a memo indicating that he felt the County should borrow money against this shortfall, rather than the cutbacks. Rick Isham said that he had received numerous phone calls from people in the community, many of them from title companies, expressing concern about the county closing on one day. He said that this gets back to the definition of a judicial day. He recommended that they have someone designated as a deputy clerk whorAll work on the closed day to open the mail and accept filings. This was dis- cussed. The Board decided to postpone a decision on this until they had discussed this with the Courts at their meeting scheduled for the next day., Page 7 of 8 Deschutes County Board of Commissioners April 7, 1981 - Regular Meeting, Commissioner Shepard said that there had been a motion made and passed to allow the elections person in the Clerk's office to continue working a 5-day week. It had come to his attention that this person did not want to be paid for five days because of problems within the department. There was-;some discussion on this. MOTION: SHEPARD moved that the Clerk';s office go on a 4-day=_week- with _ no exceptions. YOUNG: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Building Chairman Paulson read aloud a proclamation proclaiming Safety Week Building Safety Week in Deschutes County to be the week Proclamation of April 5 - 11. Refund of Before the Board were Orders #81-213 - 81-228 in the matter Taxes Orders of refund of taxes. MOTION: YOUNG moved to approve Order #81-213 through 81-228 in the matter of refund of taxes. SHEPARD: Second. VOTE: PAULSON: AYE. SHEPARD: AYE. YOUNG: AYE. Being no further business, the meeting was adjourned. Following adjournment, the Board reconvened as the Seventh Mountain Service District. DESCHUTFa COUNTY BOARD OF COMMISSIONERS ert C. Pa lson, Jr., Chairm- tea., fris ay u c-Tiqepara, uommiAsroner Al ert A. oung, mmissi /ss page 8 of 8