1995-20110-Minutes for Meeting September 07,1983 Recorded 9/13/198395-20110 �`� { p DESCHUTES COUNTY BOARD OF COMMISSIONERS � L� ' 50 ^Artet 48 SEPTEMBER 7, 1983 COURTDAY MEETING 77, 1983 Chairman Young called the meeting to,��t�t',:1C�Commissioner Prante and Commissioner Tuttle were a V, Amendments to the Agenda Chairman Young read aloud the amendments. A dis- cussion regarding waiver of fees for the Deschutes River Recreation Homesites Homeowners Association added to the amendments. was Discussion re- Jane Kirkpatrick, Family Counseling Director, had sent garding Request the Board a memo dated August 22, 1983 requesting for Proposals their input on whether or not she should serve on the for Alcohol committee which will review alcohol program proposals Services on a statewide level. She explained that the State Mental Health Division is advocating contracting all mental health services through the counties, but her position is that the ORS gives the Counties the authority to determine whether or not they shall contract for these services and she would like to maintain that option. She wanted to ascertain that the Board supported this view before agreeing to serve on this committee. It was the Board's concensus that she should serve on the committee and supported her position on the issue. Discussion re- Neil Hudson, Director of Public Works, explained that garding State the State is seeking comments from the County on their 6 -year Road Im- six-year road plan. He briefly outlined the proposed provement Plan projects contained in the plan. He had sent a memo dated Sept. 6 outlining the projects and recommending support of the projects outlined in the plan as well as a passing lane project on Hwy. 97 So. near Wickiup Jct. and improvement of Hwy. 20 from 12th St. to 27th St. Acceptance of Mr. Hudson explained that this was a utility easement Deed from along Industrial Way which runs south of Colorado St. Brooks Re- A similar easement is being conveyed to the city for sources Corp. property within city limits. This is a 60 -foot easement. MOTION: PRANTE moved to accept the deed. TUTTLE: Second. Commissioner Tuttle suggested that the County develop a policy with regard to acceptance of easements and deeds on behalf of the public. VOTE: UNANIMOUS DISAPPROVAL. U SHE K_ SEPTEMBER 7, 1983 MINUTES: PAGE 1 L1 21995 • t VEL 50 pn�r y6 Discussion re- Chairman Young explained to the audience that this was garding Paving not a hearing. Mr. Hudson explained that Special Road of Main Access District #1 had requested that the County initiate an Roads in Spec- LID formation, circumventing the petition process. Be- ial Road Dist- cause it is not the County's policy to initiate such rict #1 proceedings, Mr. Hudson had scheduled this before the Board to obtain their direction. It was noted that there are 1900 lots in this subdivision, with about 350 permanent residents. All lots are accessed through three main roads: Stellar, Solar and Lunar, which are the roads they wish to get paved. Chairman Young called for comments from the audience. James Cate, Road District Board member, came forward. He stated that they had sent out a letter to all the landowners, including nonresident, and had only gotten about a 10% response. He estimated that 85% of the residents are in favor. They figure that each lot in the subdivision would be assessed a total of $165. Dan Wilkerson of Solar Drive and also a road district board member, stated that the three main roads are currently taking all the road district money and if these roads were paved more funds could be spent on the lateral roads which are now neglected. The budget is $45,000 per year with $38,000 actually collected. He estimated that there were 1800 different property owners in the subdivision. Jack Broadley, Stellar Drive, stated that the roads are deteriorating rapidly and that if they are not paved they will soon need a new base of cinders put down. Tommy Thomas, Solar Drive, felt that everyone would benefit from the road improvement since everyone accesses through them. Norman Friehbel, Solar Drive, stated that the side roads would be benefited because more road district funds would go to them and dust would be decreased. He felt it would be very difficult to get responses because of the large number of absentee owners. Jack Edwards stated that he had contacted residents who do not live right on the main roads and they were also supportive. He felt that the roads would improve the district a great deal and also noted that the poor condition of the road had ruined his car. Les Stone, Pontana Road, stated that this would save the county money because of decreased maintenance costs on the school buses that use those roads. SEPTEMBER 7, 1983 MINUTES: PAGE 2 'VOL 50 PAGE 5 Mr. Hudson stated that the assessment is required to be based on benefit, so lots directly accessed from the main roads would be assessed more than those that are not. Mr. Hudson agreed to provide the district with an assessment formula so that people would be aware of the assessment they would pay when they petition for the project. This item will be on next week's agenda when that information will be available. Discussion re- Claude Strauss, Solar Drive, stated that the home- garding Fee owners in Deschutes River Recreation Homesites had Waiver for DRRH recently purchased two lots which they have developed Community Hall into a park and they would also like to construct a community center. Because their funds are very limited, they requested a wavier of planning a building fees for the project. It was the concensus of the Board not to waive the fees; thereby not setting a precedent of waiving fees for non-profit organizations. Acceptance of Mr. Hudson stated that the 35th Street LID bids had Bids and Award all come in over the Engineer's estimate. Rather than of Contracts start the remonstrance process again, he recommended for 35th St, that road funds be used to pay the $5600 that was in Preble Way and excess of the estimate. Glenwood Ave. MOTION: PRANTE moved to accept. LIDS TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Mr. Hudson explained that this project's bids all came in over the Engineer's estimate also and recommended that the project be done with County forces. He felt that the county could do the job for the amount of the Engineer's estimate and that it would be accounted for in their cost accounting system. He recommended that the Board reject all the bids. MOTION: PRANTE moved to accept the suggestion on Preble Way. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Mr. Hudson stated that other property owners had asked to be included in the Glenwood LID project so that additional roads would be paved. He recommended that this LID be reinitiated next year incorporating the additional area and that the bids be rejected. MOTION: TUTTLE moved to accept the Director of Public Works' recommendation regarding re- jecting bids for Glenwood Avenue LID. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. SEPTEMBER 7, 1983 MINUTES: PAGE 3 The next one was in regard to repair of General Fund vehicles. It was recommended that all repair work be done by the Department of Public Works. MOTION: TUTTLE moved to approve the General Fund Vehicle Maintenance and Repair policy. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The next policy was in regard to military leave for National Guard and Reserves. Mr. Isham stated that he is currently researching this. It may be that the County is only required to compensate for the difference between active duty pay and the employees normal salary. Currently the County is compensating the individual with their full pay while they are duty and the person also receives active duty pay. This policy will also require that a copy of their orders be submitted to the Personnel Director. It was suggested that this policy be considered after Mr. Isham completes his research. The next policy regarded travel expense sheets. Attached were two sheets that were to be used. SEPTEMBER 7, 1983 MINUTES: PAGE 4 "von 50 PACE 51 Request to Use MOTION: TUTTLE moved to grant the request to for the County Roads use of County roads for the High Desert Road for High Desert Race with the stipulation that a standard Classic Road indemnity agreement be executed. Race PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Consideration Mike Maier, Director of Administrative Services, re - of Rent In- commended to the Board in a memo he had previously crease on Teth- submitted that the rent charged on the Tetherow House erow House be increased from $50 to $175. MOTION: TUTTLE moved to maintain the current fifty dollars per month with the stipulation that if they have a request from the renters for any improvement on the house that the rent be renegotiated at that time. YOUNG: Second. VOTE: APPROVAL; PRANTE DISSENTING. Consideration Mr. Maier had formulated several policies for the of Proposed Board to review. The first was regarding the Policies withdrawal of funds deposited in deferred compensation accounts. MOTION: TUTTLE moved to accept the recommended defin- ition of unforeseeable emergency for deferred compensation. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The next one was in regard to repair of General Fund vehicles. It was recommended that all repair work be done by the Department of Public Works. MOTION: TUTTLE moved to approve the General Fund Vehicle Maintenance and Repair policy. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The next policy was in regard to military leave for National Guard and Reserves. Mr. Isham stated that he is currently researching this. It may be that the County is only required to compensate for the difference between active duty pay and the employees normal salary. Currently the County is compensating the individual with their full pay while they are duty and the person also receives active duty pay. This policy will also require that a copy of their orders be submitted to the Personnel Director. It was suggested that this policy be considered after Mr. Isham completes his research. The next policy regarded travel expense sheets. Attached were two sheets that were to be used. SEPTEMBER 7, 1983 MINUTES: PAGE 4 50 ,Ioiii 2 Y� FACE MOTION: TUTTLE moved to accept the policy on travel expense verification sheets. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The next policy regarded special services by Sheriff's Department employees. Currently some deputies are being hired for extra security and being paid outside the County payroll, although they are using Sheriff's department vehicles and authority. This would provide that special services be contracted through the County. This will be considered after received Sheriff France's approval. The next policy was in regard to amendments to the Board Agenda. MOTION: TUTTLE moved to accept the policy on the amendments to the agenda. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The last one was in regard to special leave; that is when an employee is available for work but they cannot come to work, such as in the case of a bomb threat or weather conditions. This would allow "special leave" to be taken and would not be deducted from the employee's accumulated time. MOTION: TUTTLE moved to accept the policy on special leave. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Designation of Mr. Maier outlined what areas were to be designated Smoking & Non- as non-smoking and smoking areas to comply with the smoking Areas Oregon Indoor Clean Air Act. The Board expressed their approval of the proposed areas. Modification of Mr. Maier explained that they had varied slightly from Conditions/Fee the originally approved site plan for the LaPine Sub - Waiver for La- station. They must now submit a new site plan for Pine Substation approval to the Planning Department. He is requesting a fee waiver for this. MOTION: PRANTE moved to waive the fee for ourselves. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Amendment to Denyse McGriff, Planning Department, was present to Personal Ser- explain this. She noted the changes in the contracts, vices Contracts one was the insurance clause previously discussed. for Cultural The others, requested by the State, were the addition Resources In- of an anti -kickback clause, a breach of contract ventory clause and work and safety clauses. The contracts had not yet been signed by the contractors at this point. SEPTEMBER 7, 1983 MINUTES: PAGE 5 "Vey 50 -,1IcE MOTION: TUTTLE moved that they authorize the Board to sign the contracts following the execution of the contracts by the contractors with the amendments. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Commissioner Tuttle suggested that when grants become available to the County, that the administration cost first be estimated so that a benefit analysis could be done to determine whether it would be worth accepting. Appointment of Commissioner Tuttle stated that he had reviewed the New Members to applications of two Bend area applicants to the the Planning Planning Commission. He did not yet review the Commission applicants from the LaPine area. (action item) MOTION: TUTTLE moved to appoint Dr. James Powell and Bob Robinson as new members to the Planning Commission. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Appointment of MOTION: TUTTLE moved to reappoint Frances Penderoy New Members to and Jim Morrison for one-year terms. Central Oregon PRANTE: Second. Regional Hous- VOTE: UNANIMOUS APPROVAL. ing Authority Board (action item) Appointment of MOTION: PRANTE moved to appoint Emily Allen to New Member to the Central Oregon Health Planning Council. Central Oregon TUTTLE: Second. Health Planning VOTE: UNANIMOUS APPROVAL. Council (action item) Ordinance 83- Mr. Isham explained that this is to ratify an action 061, Approving taken by the Rural Fire Protection District #2 Board Ordinance of Directors. It was also noted that this is a res - Adopted by olution and not an ordinance. RFPD #2 MOTION: PRANTE moved to adopt Resolution 83-061. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Resolution 83- MOTION: TUTTLE moved to adopt Resolution 83-060. 060, Establish- PRANTE: Second. ing Tax Antici- VOTE: UNANIMOUS APPROVAL. pation Series 1983 Sinking Fund SEPTEMBER 7, 1983 MINUTES: PAGE 6 Resolution 83- 056, Approp- riating Contin- gency Funds Within the Sheriff's Law Enforce- ment Fund Resolution 83- 057, Authoriz- ing the Treas- urer to Borrow Funds Petition and Order 83-219 Designating Newspaper VOL 50 FACE 54 MOTION: PRANTE moved to adopt Resolution 83-056. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. It was noted that this would pay the issuance cost of the TANs and a supplemental budget may be nec- essary later. MOTION: PRANTE moved to adopt Resolution 83-057. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: TUTTLE moved to sign petition and Order 83-219. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Resolution 83- It was noted that this had come from the County's 058, Approving financial advisors in Portland for the purpose of Deschutes Co.'s selling Tax Anticipation Notes (TANs). Official State- MOTION: TUTTLE moved to adopt Resolution 83- ment 058 approving Deschutes County's Official Statement. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Ordinance 83- 060, Amending Ordinance 83- 057 Approval of Amended Arbi- trage Certifi- cate Resolution 83- 059, Proclaim- ing Energy Awareness Week MOTION: PRANTE moved to read by title only. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Chairman Young so read. MOTION: PRANTE moved to adopt Ordinance 83-060 amending Ordinance 83-057. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to approve the amended Arbi- trage Certificate. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MOTION: PRANTE moved to adopt. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Declaration of MOTION: PRANTE moved to accept the Declaration of Dedication of of a public road from Brooks Resources. a Public Road TUTTLE: Second. From Brooks Re- VOTE: UNANIMOUS APPROVAL. sources SEPTEMBER 7, 1983 MINUTES: PAGE 7 'VOL 50 PAC- 55 Signature of Mr. Isham noted that the check indicates that three Grazing Lease years are being paid for in advance, but actually for Doug Muck payment is being made for the current year and two years in arrears. MOTION: TUTTLE moved to execute the grazing lease with Doug Muck with the understanding that the check notations are cleared up. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Discussion re- Commissioner Prante asked that this be delayed to the garding Meeting next meeting. Structure Refund of Tax MOTION: PRANTE moved to refund the taxes as Orders presented. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. MP -83-11, Dept. MOTION: TUTTLE moved to sign MP -83-11 and accept of Veteran's the Declaration of Dedication. Affairs (Fred PRANTE: Second. Blanchfield) VOTE: UNANIMOUS APPROVAL. with Declar- ation of Ded- ication MP -83-13, MOTION: PRANTE moved to sign. Craig Coyner TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Request for MOTION: PRANTE moved to approve the refunds as Refunds presented. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. OLCC License Before the Board were the following OLCC License Renewals renewal applications: Gino's Italian Specialties; Tom's Market in LaPine; Sunriver Country Store; Elk Lake Resort; American Legion, LaPine; Alfalfa Store, Alfalfa; Brothers Stage Stop, Brothers; Marcellos Italian Cuisine; Paulina Lake Resort; East Lake Resort;%`Three Creeks Lakes Store; Beef and Brew; LaPine Moose Lodge; LaPine Highway Center; Callahan's ;j Grocery; E1 Comedor Restaurant; Deschutes River Trout House; Casa Del Ricardo; Sunshine Quick Stop; The Deli Shop/Chuckwagon; and Black Butte Ranch. MOTION: PRANTE moved to approve the permits as presented. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. SEPTEMBER 7, 1983 MINUTES: PAGE 8 f 1 VOL 50 PACE 56 MP -83-12, Geo. MOTION: PRANTE moved to approve the minor partition James, Jr. for George James, Jr. TUTTLE: Second. VOTE: UNANIMOUS APPROVAL. Being no further business, the meeting was adjourned. DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT A. YOUNG, 42HAI M /I u! nISRISTOW PRANTE, COMMISSIONER AUR9lTCE A. "4TUTTLE, C6XMJ_SSIONER /ss SEPTEMBER 7, 1983 MINUTES: PAGE 9