2009-92-Minutes for Meeting February 04,2009 Recorded 3/3/2009DESCHUTES COUNTY OFFICIAL RECORDS CJ 2009'92
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL
,,.,,.,,,,..,,..,...,,.as Ulm 03/03/2009 08;24;51 AM
2000-02 - _1
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, FEBRUARY 4, 2009
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; Tom Blust, Road
Department; Peter Russell, Community Development; Rick Williams and Amy
Pfeiffer, Oregon Department of Transportation; Doug White of the Department of
the State Land Conservation and Development; media representative Hillary
Borrud of 7-he Bulletin; and one other citizen.
Chair Baney opened the meeting at 1:30 p.m.
1. Review of Wickiup Junction Improvement Plans.
Rick Williams spoke about plans to improve the Wickiup Junction area. It
costs about $100 million to put in a by-pass or to move the railroad. (He
referred to an oversized map of the area.) The railroad wants the entire project
done at once, so it cannot be done in phases. The work impacts a BLM
recreational area and some trails. They do not want to leave the at-grade
railroad crossing for safety reasons. Commissioner Luke asked about the
adjacent County land. Mr. Williams replied that he is not sure yet if
interchange standards will need to be followed; if so, no one will be able to
access the "old".Highway 97.
Commissioner Unger said that he would like to see a park and ride established,
but it needs to be set up so that there are no left-hand turns necessary.
$1.2 million is now set aside for planning purposes, including the
environmental studies up to the preliminary plans.
Amy said that projects with the railroad typically take years. Preliminarily, it
appears that the environmental and other studies may take three years. Mr.
Williams said that the railroad feels this is a priority, which may help to move
things along a little quicker.
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 1 of 7 Pages
There has been a lot of community outreach on this project. There may be
acceleration and deceleration lanes established to help access the truck stop
area.
Doug High asked if a Goal exception is needed. Mr. Williams said that it
would all be within the right of way, or within the City limits of La Pine.
2. Discussion of Moratorium on Acceptance of New Roads into the County
Road System.
Tom Blust said that a question was raised about establishment and maintenance
of Foster Roads. (He distributed a spreadsheet showing options for road
establishment and maintenance.) He said that even with the forestry receipts,
there would not be adequate funds available for this work.
Commissioner Luke said that funding does not allow for ongoing maintenance
of all roads. Mr. Blust added that this work has fallen farther and farther behind
over the past few years, as the cost of materials skyrocketed.
He suggested that the moratorium not be lifted at this time. He wants to see
what funding will be granted from the State. Commissioner Luke stated that
there is more than just overlays; there is snow removal and other work needed.
Without funds from a gas tax or other options.
Dave Kanner said the number that is being discussed is includes the Solid
Waste transfer. This may not be needed if they get the Governor's
recommendations funded. The contingency becomes zero otherwise, and this is
the gap that needs to be filled.
Commissioner Baney said that it appears that the moratorium was put into place
because of the forest payments issue at that time. However, this problem could
be true in any year. It is more transparent if it is made clear that the County was
not making enough money even then, with the forest payments. She felt that a
new resolution might be warranted to explain this is a more widespread funding
problem.
Commissioner Unger said he prefers to wait to see what happens with the State
funding, and the Board can deal with road issues as they arise. He also asked
why the people wanting the road district could not form their own district and
collect funds. However, there are roads that are partially used by others.
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 2 of 7 Pages
Commissioner Luke stated that he is mostly concerned about the ongoing
maintenance of the roads.
Mr. Kanner said that there are many ways to fund roadwork without requiring
someone to form an independent road district. A taxing district would require a
vote of the affected citizens. There are a lot of ways to handle this, including a
voluntary assessment.
Mr. Kanner said that when a new road is built, there needs to be a
demonstration that the people wanting the LID will also maintain it after it is
built.
Commissioner Baney said that sometimes they cannot get consensus of the
local citizens on improving and maintaining the roads. Commissioner Unger
asked what constitutes a collector and arterial. Mr. Blust stated that for the
most part these are paved roads. There are also a lot of roads the County
maintains and roads dedicated to the public that are not maintained by the
County. The problem is the dedicated, public roads that were never built to
County standards. The cities collect money for all roads for maintenance. The
County cannot do that on the public road rights of way. They could be
established as County roads and funding collected.
Mr. Unger said that he feels the arterials and collectors are a priority, and
perhaps partnerships can be worked out for the ones that are for the most used
by neighborhoods.
The consensus was to wait to see what the legislature does; however,
Commissioner Luke said that the bigger question is whether the County can do
ongoing maintenance of the existing roads.
Commissioner Unger asked if any brainstorming has been done on funding
options. Mr. Blust said that a study and report was produced last fall and he
will provide a copy of it.
Commissioner Baney stated that a request from Panoramic subdivision for the
County to take care of about 2/10 of a mile of road there. Other inquiries have
been coming in, including a one-time use of dust abatement material in a
particular subdivision.
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 3 of 7 Pages
3. Other Items.
In regard to a request for economic development funding from the County,
Commissioner Baney said that the County has been getting a lot of criticism for
not participating more.
Commissioner Unger reviewed the La Pine meeting agenda. Commissioner
Luke said that the City Council is at full strength now so they should be able to
discuss a lot of common issues.
Commissioner Unger stated that he has been hearing that the City needs three
signal lights. There are concerns about the impacts to other locations whenever
a signal is installed.
Dave Kanner asked who is to contact Crook and Jefferson counties regarding a
meeting with them and agenda items. Commissioner Baney said that she will
coordinate this.
Regarding the deadlines for federal appropriations requests, it is quickly
approaching and this needs to be handled quickly. Commissioner Baney said
there will be one for BI at 2.5 and she would like to see something put in for the
jail. She is meeting with Walden's staff on February 5. Commissioner Luke
stated that the Humane Society of Redmond should be added to the list as the
third choice.
Mr. Kanner said that the La Pine signal light is also a consideration.
Commissioner Luke stated that if they put in for $1.4 million for this project
and the grant just $500,000, is the County prepared to put in the difference. It is
expected, and the funding will not come again if it is returned for this reason.
Commissioner Unger stated that the federal government is looking for
immediate economic stimulus and will not want to wait for things to get done.
Commissioner Unger said that what they should stress is the number of jobs the
jail project will create and how many jobs this will support in the future. Mr.
Kanner will provide a report that will explain this.
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 4 of 7 Pages
Andy High of the Central Oregon Builders' Association said that membership is
holding up; a stimulus package for home purchasers is being considered as a tax
credit, which could help to reduce the inventory of homes. There is also a lot of
talk about the number of property owners who owe more on their homes than
the homes are worth. The remodeling industry is doing well, however,
especially in regard to work related to energy savings.
He said that construction should be about 10% of the local economy to be
healthy, and in the past few years, this number was much higher. Permits for
the last quarter are as low as they were in 1981. He said that less regulation
may help in the long run.
Mr. Kanner stated that no matter how bad the economy is now, it will be getting
worse according to Marty Wynne, Finance Director. The amount of money
traditionally transferred to District 2 of the Sheriff's Office is $2,650,000, based
on transient lodging tax revenue. Because of the forecasted decrease in
transient lodging tax collected, which is expected to be worse than originally
thought, an additional $257,000 will need to be transferred to keep the
$2,650,000 whole this year. Originally, the reduction to the lodging tax amount
was thought to be $214,900.
The Sheriff may be able to make up some of the money as he is now running
about 93% of budget. However, the Sheriff is likely to feel that the $2,650,000
is guaranteed, no matter what. COVA (Central Oregon Visitors Association)
now indicate that they expect overnight stays will be down by 30% this year.
Therefore, about $886,900 would need to be transferred to the Sheriff next
fiscal year to keep the $2,650,000 whole, which the Sheriff probably considers
an entitlement. Commissioner Luke said that previous Boards had also acted as
though this is an entitlement, but there was no need for it to be supplemented
from the general fund. However, this level of a depressed economy has not
been experienced since the tourism funding program started.
Commissioner Luke said that Dave Kanner should meet with Marty Wynne,
Jim Ross (Finance Analyst for the Sheriff's Office) and Sheriff Blanton to share
these figures. A meeting of the Commissioners and the Sheriff could be
planned to discuss possible solutions. The County cannot come up with almost
$900,000 at this time to cover the potential shortfall. There was consensus of
the Board that public safety is important, but they were not talking about this
kind of funding at the time. Other departments are critical as well.
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 5 of 7 Pages
Commissioner Baney said that the Sheriff has the ability to raise the tax rate for
the Districts, but will probably not want to do that. Mr. Kanner stated that a
subsidy for Community Development is also a consideration. Commissioner
Baney feels that holding tight to the $2,650,000 is not reality at this time and
there needs to be flexibility. Commissioner Unger said that this funding was
based on the number of tourists served, and there obviously will be fewer of
them for some time if COVA's analysis is correct.
Mr. Kanner stated that the Sheriff has room in the budget to make cuts, through
items that he is underspending; he could freeze those expenses. Under statute,
the Board establishes the budget. Commissioner Luke stated that the Sheriff
needs to figure out ways to cut his budget, and should not be instructed on how
this should be done. He wants to have the Commissioners and the Sheriff work
on this as partners during a rough time.
Commissioner Unger asked where the funding would come from. Mr. Kanner
said that Health and Juvenile Justice would take the biggest hits, followed by
the Commission on Children & Families and the Assessor's Office. He is
discontinuing some funding to administrative services. There are some non-
departmental expenses that can be cut, including Inside Deschutes County.
Commissioner Luke said that they are broadcasting local rule information at
this time; Mr. Kanner stated that as far as he can tell, no one watches it.
Commissioner Luke stated that they could give the Sheriff the $214,900 now
and next year, but that the Sheriff's Office will have to rise and fall with the
transient room tax revenue. Other departments have to do similar things when
their revenue stream is impacted. Commissioner Baney stated that it should be
based on a percentage, not a set amount. Mr. Kanner said that the Sheriff's
Office cannot absorb that big of a hit all at once. Commissioner Baney stated
that they all need to show a unified front and make it clear that the next year
might be worse.
Mr. Kanner said that Mr. Wynne suggested that because District 1 is in good
shape, perhaps there is a way to transfer those funds in a way to help out
District 2. $350,000 of general funds was spent for the work center, and
another $188,000 transferred to retain certain jobs. Commissioner Luke stated
that a guarantee of a certain amount could be guaranteed, but the $886,900 is
not possible. Commissioner Baney added that the revenue stream from other
sources is also down so it is hard to backfill anything at this point.
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 6 of 7 Pages
Being no further items addressed, the meeting adjourned at 3:1 S p. m.
DATED this 4th Day of February 2009 for the Deschutes County Board
of Commissioners.
ATTEST:
gZ~w~-~-
Recording Secretary
(N~~
Tammy Baney, Chair
-ems e"
ennis R. Luke, Vice Chair
Cclw, Ce~r~
Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session Wednesday, February 4, 2009
Page 7 of 7 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, FEBRUARY 4, 2009
1. Review of Wickiup Junction Improvement Plans - Tom Must; ODOT Staff
2. Discussion of Moratorium on Acceptance of New Roads into the County Road
System - Tom Blust
3. Other Items
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
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REVIE D DESCHUTES COUNTY OFFICIAL RECORDS CJ YOQ6.6~8
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/05/1006 03;49;46 PM
AL GA-LCOUNSEL IIIIIIIIIII III
Z00d-68
rvr ncwiumr, oLunip vuiy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a Suspension on the
Establishment of New County Roads.
RESOLUTION NO. 2006-049
WHEREAS, Deschutes County receives approximately $3.0 million annually under the Secure
Rural Schools and Community Self Determination Act of 2000 ("Forest Safety-Net") for the improvement
and maintenance of County Roads, and
WHEREAS, the Forest Safety-Net funding constitutes over 27% of Deschutes County's annual
dedicated road fund revenue, and
WHEREAS, the Forest Safety-Net legislation sunsets in federal fiscal year 2006, and
WHEREAS, reauthorization of the Forest Safety-Net and receipt of any associated federal
funding is uncertain, and
WHEREAS, without Forest Safety-Net funding, Deschutes County will not have adequate
resources to maintain the existing County Road system, and
WHEREAS, Deschutes County's Transportation System Plan, section 5.2, policy 8.b. states:
Deschutes County shall not add any miles of new road to the system unless the following issues are
satisfied:... b. the county can financially absorb the additional maintenance requirements; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That the County hereby suspends the establishment of new County Roads until the
Forest Safety-Net or similar funds have in the judgment of the Board been adequately restored. This
suspension is subject to the exceptions outlined in Sections 2, 3, and 4.
Section 2. That the County will not accept petitions for the creation of any new Local
Improvement Districts until the Forest Safety-Net or similar funds have in the judgment of the Board
been adequately restored. Roads improved to county standards by local improvement districts already
initiated by Board resolution as listed on attached Exhibit "A" will be accepted into the county maintained
system.
PAGE 1 OF 2- RESOLUTION No. 2006-049
a
Section 3. That the County will not consider acceptance of any roads created by new
development into the County maintained system until the Forest Safety-Net or similar funds have in the
judgment of the Board been adequately restored. Proposed roads in developments with land use
applications that have been accepted by the County prior to the date of this Resolution as listed on
attached Exhibit "B" will be considered for acceptance into the county maintained system upon
completion of those roads to county standards.
Section 4. That the Board may consider the establishment of roads offered to the county for
acceptance by other governmental entities, either through agreements prior to the date of this
Resolution or through jurisdictional transfers.
Dated this 5-"' of , 2006 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTF.S%OUNTY, OREGON
LUKE,
ATTEST:
Recording Secretary
BEV QL.ARNO, COMMISS
MISSIONER
PAGE 2 OF 2- RESOLUTION NO. 2006-049
Exhibit "A"
List of Initiated LIDs
Year
LID
Length
miles
2006
Mail poll
passed
Harper
0.76
Harrington
0.76
Choctaw 1
0.54
Choctaw II
0.63
Manzanita
0.94
Total Miles
3.63
LID's yet to
be voted on
Parkway Dr. and
Cornell Dr.
1.78
Skidgel
0.74
Cagle
1.24
Apache
1.61
Sunrise Blvd.
1.59
Whittier and Wolf
2.90
Pumice Butte
0.60
Rancho El Sereno
_
1.00
Tuscarora
0.40
Total Miles
11.86
Total potential
miles of road
added to s stem:
15.49
Exhibit "B"
Date Application Development Address No. of Lots status Miiac
5/15/2006
FPA0618
BADLANDS RANCH
7-LOT
IN PROGRESS
2,650 I.f.
(TP06967)
SUBDIVISION
(.5 miles)
4/11/2006
TP-06-969
ELK HORN LAND
52200
289-LOT
IN PROGRESS
15,780 I.f.
DEVEL
HUNTINGTON
SUBDIVISION
(3 miles)
RD, LA PINE
4/14/2006
TP-06-970
LA PINE VILLAGE
103-LOT
DECISION TO
6,000 I.f.
SUBDIVISION
BE WRITTEN IN
(1.1 miles)
1-2 WEEKS
4/25/2006
TP-06-971
MCLEAN/HARTY
40-LOT
HRG 7/18/06
4,600 I.f.
SUBDIVISION
(.87 miles)
5/19/2006
TP-06-973
ARROWOOD
19200
CASCADE
IN PROGRESS
12,500 I.f.
DEVEL
CENTURY DR,
HIGHLANDS
(2.4 miles)
BE
PLANNED UNIT
DEVELOPMENT
6/12/2006
TP-06-974
DAVID HURTLEY
69090
13-LOT
NOT ASSIGNED
No road
HURTLEY
SUBDIVISION
YET
information to
RANCH RD,SI
date
Total Miles: 7.9