2007-1197-Minutes for Meeting March 16,1982 Recorded 6/20/2007}
NANCYUBLANKENSHIP, COUNTY CLERKS yd 2007-1197
COMMISSIONERS' JOURNAL 06/20/2007 1141:33 AM
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DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 16 and 17, 1982 - Courtday Meeting
Chairman Shepard called to order the meeting of March 16 and 17, 1982
at 10:01 a.m. on Tuesday, March 16. Commissioner Paulson and
Commissioner Young were also in attendance.
Chairman Shepard noted the amendments to be included in the agenda will
be: Discussion regarding removal of county-owned bridge on COI Canal,
Approval of bid specs for rock crushing contract, and three items for
Board signature.
Public
Rick Isham, County Counsel, informed the board that
Hearing:
Terrance O'Sullivan, attorney for the developers, is
Wild Horse
attempting to consolidate the plats and is requesting
Meadows
that the hearings for these special road districts not
Special Road
be held today.
District
MOTION: PAULSON moved that the Board cancel the
Formation
hearings under the recommendation of the
and
developer's counsel.
YOUNG: SECOND
Wild Horse
VOTE: SHEPARD: AYE
Plains Special
PAULSON: AYE
Road District
YOUNG: AYE
Formation
Discussion:
Betsy Shay, Project Manager, Central Oregon Project
Resolution on
Energy, came before the board to discuss this. Ms. Shay
the Federal
noted this was brought to her attention in a letter to
Falling
the Board of Commissioners from Bud Bailey, Soil and
Water Charge
Water Conservation, forwarded to her by Commissioner
Paulson. Ms. Shay stated the problem is that the
Bureau of Reclamation is imposing a fall:in-g water
charge on federally funded dam projects for locally
sponsored small scale hydro projects that amount to
50% of the net revenues of that project. She noted that
this is especially a concern to the irrigation districts
who take all the risk of development, fund the project
and face possibility of 50% charge that goes to the
Federal government. Ms. Shay stated that the North
Unit Irrigation District is the main project in Deschutes
County affected by this falling water charge.
Jan Boettcher of the Tumalo Irrigation District remarked
that the States of Washington and Oregon and other counties
have adopted resolutions similar to the one before the
Board.
MOTION: PAULSON moved that the Board approve
Resolution #82-011, Recommending Exemptions
from the Federal Falling Water Charge for
Certain Electrical Generating Facilities.'
YOUNG: SECOND
VOTE: SHEPARD: AYE
PAULSON: AYE
YOUNG: AYE
Page 1 of 7
DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 16 and 17, 1982 - Courtday Meeting
Request:
Mike Maier, Director of Administrative Services, came
Waiver of
before the Board with this request for a fee waiver
Fees, LaPine
for the LaPine substation by the county. Fees included
Sheriff's
are for a major partition - $180, feasibility study -
Substation
$135, septic permit - $45, and building fee - $430 for
a total of $840.
MOTION: PAULSON moved that the Board approve the
waiver of fees for the LaPine substation,
Building, Planning and Sanitation.
YOUNG: SECOND
Commissioner Paulson explained that Building, Planning
and Sanitation will have an office adjacent to the
substation which they will be using for a LaPine office.
He noted that if the fees are not waived they would be
paid out of the General Fund, and if fees are waived
and departments operate in the red, the Board has agreed
to subsidize out of the General Fund. Chairman Shepard
noted he would be hesitant to agree to waiver until all
of the department heads had been notified.
VOTE: SHEPARD: ABSTAIN
PAULSON: AYE
YOUNG: AYE
Appointment of
Jordan Maley, County Coordinator, explained to the Board
Member to the
that in January Don Hinman, member from Redmond, resigned
Deschutes
which left a vacancy on the Commission. The Commission
County His-
recommended three individuals for the Board to select
toric Land-
from - Marilyn Russell of LaPine, Esther Kemry of Redmond,
marks
and Ginger Shive of Sisters. Mr. Maley noted that the
Commission
Commission had no representative from the south end of
the county.
MOTION: PAULSON moved that the Board appoint
Marilyn Russell from LaPine.
YOUNG: SECOND
Chairman Shepard stated that the three individuals were
highly qualified and their names should be kept on file
for future reference.
VOTE: SHEPARD: AYE
PAULSON: AYE
YOUNG: AYE
Mr. Maley stated that he would write a letter of appreciation
for the Board's signature.
Page 2 of 7
DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 16 and 17, 1982 - Courtday Meeting
Reappointment Neil Hudson, Director of Public Works, stated that
of Members to Ed Fitch was appointed to the Advisory Committee a
the Solid. few months ago and John. Joyce was appointed about one
Waste Advisory year ago and he is recommending that they both be
Committee reappointed.
MOTION: PAULSON moved that Ed Fitch and John Joyce
be reappointed to the Solid Waste Advisory
Committee.
YOUNG: SECOND
Neil Hudson noted that he thought the terms were four
years but would find out before making a formal appoint-
ment.
VOTE: SHEPARD: AYE
PAULSON: AYE
YOUNG: AYE
Neil Hudson stated that he would draft a letter on
the reappointments for the Board's signature.
Discussion
Doug Maul, Facilities and Insurance Coordinator came
Regarding
before the Board to discuss this. Mike Maier, Director
County
of Administrative Services, explained that the purpose
Insurance
of this discussion is to update the Board where the
Program
county is currently with insurance and what is proposed
for next year. Mr. Maul stated that the Oregon Supreme
Court ruled on existing limits of liability for govern-
mental entities - $100,000 per single occurrence,
$300,000 for multiple individuals in an occurence and
$50,000 property damage. He noted that the county now
carries limits with $300,000 to $500,000 on individual
policies and a one million dollar umbrella. He stated
that the insurance market is such now that a lot of
coverage can be purchased for a small amount of money.
Mr. Maul noted that Mike Maier had asked him to look
into a plan offered by the Association of Oregon Counties.
Mr. Maul stated he contacted people associated with the
AOC Plan requesting a copy of their contract and to date
had not received anything from them. He received a copy
of the contract from another source and felt there was
no comparison between the two groups. He said that
currently the county is buying the best insurance
available at high limits for a very reasonable price.
There was discussion about the limits in.~0reg6n as
opposed to no limit in other states for liability and
the possibility of the law being changed in Oregon.
MOTION: YOUNG moved that the county keep the amount
of coverage it currently has and purchase
where it is least expensive.
SHEPARD: SECOND
VOTE: SHEPARD: AYE
PAULSON: AYE
YOUNG: AYE
Commissioner
Young left the meeting at this point.
Page 3 of 7
DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 16 and 17, 1982 - Courtday Meeting
There was discussion on whether or not to go to
competitive bidding. Mr. Maul stated that one problem
with competitive bidding is the companies don't always
follow the specs, don't pay attention to ratings of
company classes required because of financial stability
of companies, and refer companies that don't have ratings
on the markets. Chairman Shepard noted that he interpreted
the motion to read that the Board will ask Bill Kallender,
agent of record, to proceed to find the most low-cost
program rather than put out for bid.
Mike Maier stated that he had checked with the department heads pertaining
to the waiver of fees for the LaPine substation and they are all in com-
plete agreement.
Discussion
Dave Hoerning, County Surveyor, was present to discuss
Regarding
this. Mr. Hoerning stated he would like to move ahead on
Formation of
a portion of the local improvement districts - Knott Road
Local Improve-
LID, Brightenwood Estates LID and Williams Loop LID.
ment Districts
Rick Isham, County Counsel, stated that the Williams Loop
LID was a default subdivision with several property owners
in the subdivision. Mr. Isham noted that he had talked to
bond counsel and provided there is sufficient security in
the property the Board could not assess some properties
provided the other properties could carry the improvement
district. The developers failed to provide the road.
Neil Hudson noted there about 15 lots to be assessed at
about $8,000 per lot. He stated the bonds would be
against a lot with a paved road, therefore they should
carry the assessment. Mr. Hudson explained the developer
sold the lots and people bought the lots on paved roads.
MOTION: PAULSON moved that the Board direct Rick Isham,
County Counsel, to prepare resolutions beginning
action on these improvement districts.
VOTE: SHEPARD: AYE
PAULSON: AYE
Appointment
Chairman Shepard stated there are so many highly qualified
of Library
people being considered for the Library Board that it is
Board Member
very difficult to make a selection. Those nominated are:
Bob Main, Susie Kukar, Ruth Evans, Sue Reimer, Ward Tonsfeldt.
Chairman Shepard suggested more time should be taken to
examine the credentials of the candidates and the decision
delayed. Commissioner Paulson noted individual from
Brothers should be considered since other Board members
are urban dwellers.
MOTION: PAULSON moved that the Board appoint Ruth Evans.
Page 4 of 7
DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 16 and 17, 1982 - Courtday Meeting
Chairman Shepard stated that he would rather defer the
decision until all Board members had an opportunity to
study the credentials of those submitting; applications
and until all Board members were in attendance.
The motion died for lack of a second.
Discussion and
Neil Hudson, Director of Public Works, presented this
Possible
to the Board. He displayed a map of Terrebonne indicating
Action
the street in question. He noted the street has a steep
Vacation of a
terrain and is owned on both sides by Randy Knight.
Portion of
Mr. Hudson stated it is unrealistic to build a road on
"E" Avenue
the site and all people involved have been notified.
Rick Isham noted that the order is not completed so no
action can be taken today. Chairman Shepard directed
Mr. Isham to proceed with the order.
Discussion Chairman Shepard noted the.Board has already taken action
regarding on this amendment item. It was mistakenly placed on the
Removal of agenda.
County-owned
Bridge on
COI Canal
Approval of
Rick Isham, County Counsel, indicated a Section 20 has
Bid Specs
been added to the Bid Specs which the Board should
for Rock
consider keeping or deleting from the specifications
Crushing
because it has the ability to change the relationship
Contract
between potential bidders and the county. He noted
the specifications stated a contractor must furnish to
the engineer a copy of an approved permit from the
Department of Geology and Mineral Industries and a
copy of an approved Land Use Permit from Deschutes
County for the pit he is currently operating from.
Mr. Isham stated that there may be some sites in the
county that do not meet these requirements and this
would have the effect of disqualifying a bidder from
these specifications. He noted that if the contractor
would haul from out of the county these provisions
would not apply. There was some discussion on wording
change to clarify some provisions. Neil Hudson suggested
this item be put on next week's agenda to enable all
concerned to study it further. Chairman Shepard so moved.
Page 5 of 7
DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 16 and 17, 1982 - Courtday Meeting
For Signature: Neil Hudson, Director of Public Works, presented for
Bid Security the Board's signature a money market certificate renewal
Guarantee for bid security.
For Signature: Oscar Bratton, Assessor, presented to the Board an
1982-83 Map- industrial appraisal agreement from the Department of
ping Mainten- Revenue for appraisal of the Willamette Industries
ance and property. He explained that his office does not have
Industrial an industrial appraisor and, therefore, the services
Appraisal of the State of Oregon must be used for this purpose.
Agreement Mr. Bratton informed the Board that if the appraisal
is done this year the State will contribute half of
the total cost, but if it is delayed it will become
the county's responsibility. He noted the cost to
the county will be $3,500 which is not included in his
1:982-83 budget.
MOTION: PAULSON moved that the Board approve the
agreement.
SHEPARD: SECOND
Chairman Shepard suggested that $3,500 be added to
Mr. Bratton's budget.
VOTE: SHEPARD: AYE
PAULSON: AYE
Discussion Terry Sears of the Mapping Department presented to the
of Taxing Board for discussion a problem associated with the
District formation of a taxing district. Mr. Sears noted the
Boundaries particular situation involved was a boundary problem
in the Laidlaw Water District north of Tumalo wherein
certain lots will be situated in two different tax
districts. He suggested that in the future the proposed
district boundaries be looked over by the Mapping Depart-
ment before the Board acts on them. Rick Isham, County
Counsel suggested a policy be adopted whereby all annex-
ation and formation requests be sent to the Mapping
Department before being set for hearings.
The meeting was recessed until tomorrow, Wednesday, March 17, 1982 at
10:00 a.m.
DESCHUTES COUNTY BOARD OF COMMISSIONERS
IV, Z. 0 o-
wl I zzr~ - )a,~_
~nzfy -C S epard, C irman Robert C. Paulson, Commis her
ert A. Young, mmiss' n
/by
Page 6 of 7