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HomeMy WebLinkAboutRes 118 - Suspend Establ of New County RoadsDeschutes County Board of Commissione s 1300 NW Wall St., Suite 200, Bend, OR 97701 -19(0 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.oig AGENDA REQUEST & STAFF REPORT For Board Business Meeting of October 5, 2009 Please see directions for completing this document on the next page. DATE: September 29, 2009 FROM: Tom Blust ROAD 322 -7105 TITLE OF AGENDA ITEM: Consideration of Board signature of Resolution 2009 -118, Declaring a Suspension on the Establish] vent of New County Roads. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: Following the end of this year's legislative session, The Board of Commissioners held a work session to discuss whether to rescind Resolution 2006 -049, which we commonly refer to as the moratorium on accepting new roads into the County maintenance system. The 2006 Resolution was adopted in response to the pending sunset of the Secure Rural Schools and Self Determination Act of 2000 (Forest Safety -Net) and resulting loss of county road funds. Since 2006, the Forest Safety -Net has been reauthorized and a new state gas tax has been signed into law. Revenue under the reauthorized Forest Safety -Net legislation will decrease over the life of the act and will sunset in 2011. Another reauthorization of the Forest Safety -Net and receipt of any associated federal funding beyond 2011 is uncertain. The six - cent -a- gallon increase in the state's gasoline tax will be implemented only after two consecutive quarters of employment growth or January 1, 2011, whichever comes first. Increases in various motor vehicle fees are effective on October 1st of this year. Overall increases in vehicle fuel efficiency and the trend toward fewer miles traveled has resulted in a gradual decrease in motor vehicle revenue over the past three years. The revenue generated by the to x hike, while being a substantial increase, will not have the impact initially projected. Even with the motor vehicle tax and fee increases, the five -year projection of road fund revenues sho ws that Deschutes County will not have adequate resources to maintain and preserve the existing county road system. The Resolution for consideration by the Board would continue the suspension on establishment of ne av county roads until such time when adequate funding is available to meet the maintenance and preservation needs of the county road system. The Resolution provides an exception for the Board tc consider the acceptance of arterial and collector roads that may be deemed essential for operation of t le county road system. Local Improvement Districts would also be allowed under this resolution, provided that a road district or homeowners association accept all future maintenance obligation. FISCAL IMPLICATIONS: This resolution prevents the addition of local roads into the County maintained system, thereby eliminating future budgetary obligation for those roads. Arterial and collector roads may still be added to the County system at the discretion of the Board, realizing that acceptance of those roads will add to future maintenance obligations. RECOMMENDATION & ACTION REQUESTED: The Road Department recommends Board signature of Resolution 2009 -118. ATTENDANCE: Tom Blust DISTRIBUTION OF DOCUMENTS: Copy to Wanda Kunz, Road Department (322 -7103) REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring a Suspension on the Establishment of New County Roads. * RESOLUTION NO. 2009 -118 WHEREAS, the Secure Rural Schools and Community Self Determination Act of 2000 has been amended and reauthorized for federal fiscal year 2008 -2011 ( "Forest Safety- Net "), and WHEREAS, the Forest Safety -Net legislation provides a decreasing revenue stream over the life of the act and sunsets in federal fiscal year 2011, and WHEREAS, the Forest Safety -Net funding constitutes over 20% of Deschutes County's annual dedicated road fund revenue, and WHEREAS, reauthorization of the Forest Safety -Net and receipt of any associated federal funding beyond federal fiscal year 2011 is uncertain, and WHEREAS, the 2009 Oregon Legislature approved a six - cent -a- gallon increase in the state's gasoline tax (to be fully implemented after two consecutive quarters of employment growth or January 1, 2011, whichever comes first) and increases in various motor vehicle fees, and WHEREAS, these tax and fee increases will bring an additional $3 million to Deschutes County when fully implemented, and WHEREAS, although the motor vehicle revenue will increase, people are driving Tess resulting in less- than - budgeted revenues, and WHEREAS, even with the motor vehicle tax and fee increases, the five -year projection of road fund revenues shows that Deschutes County will not have adequate resources to maintain and preserve 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, there{ore, 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 county road funds are deemed adequate in the judgment of the Board to meet the maintenance and preservation needs of the county road system, subject to Section 4. /// PAGE 1 OF 2- RESOLUTION No. 2009 -118 Section 2. That the County will consider petitions for the creation of new Local Improvement Districts only if full maintenance responsibility for the improved road is assumed by a special road district or incorporated homeowners association. Section 3. That the County will not consider acceptance of any local roads created by new development into the County maintained system until county road funds are deemed adequate in the judgment of the Board to meet the maintenance and preservation needs of the county road system. Section 4. That the Board may consider the establishment of roads that are functionally classified as Arterials or Collectors. Section 5. That this Resolution shall supersede Resolution 2006 -049. Dated this ATTEST: of , 2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY , OREGON TAMMY BANEY, CHAIR DENNIS R. LUKE, VICE CHAIR Recording Secretary ALAN UNGER, COMMISSIONER PAGE 2 OF 2- RESOLUTION No. 2009-118