HomeMy WebLinkAboutFoster Road Maintenance UpdateRoad De artment
61150 SE 27th St.• Bend , Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: BOARD or: COUNTY COMM IS SIONERS
FROM: CHRIS DOTY, ROi\D DEI'MUI\·[ENT DIRECTOR
SUBJECT: r'OSTER ROi\D i\!J\INTEN,\NCE /\ G REEM E NT DISCUSSION AT JUNE 4, 2012 WORK SESSION
DATE: 5/30/2012
cc: GI':ORGL KOLB, COUNTY ENGINEER
This purpose of this work session is to present to the Board of County Commissioners (BOCC)
an Intergovernmental Agreement (IGA) between the Beaver Special Road District (BSRD) and
Deschutes County concerning the maintenance of Foster Road located within the boundaries of
the BSRD. The history behind this IGA is as follows:
1. In 2005, the Road Department was approached by Bob Dryden, a resident of the Beaver
Special Road District concerning the paving of Foster Road by the County and
subsequent establishment of Foster Road as a County maintained road. At the time, the
BSRD was responsible for the maintenance of Foster Road and it was taking a large
amount of their road funds to maintain it.
2. Discussions continued over time until the County agreed to allow the BSRD to use the
Local Improvement District (LID) process to help pay for the improvement of Foster
Road from the subdivision (Beaver Drive) north to South Century Drive.
3. The decision to allow the BSRD to use the LID process came after the BOCC had signed
Resolution 2006-049 so a stipulation of the LID process was that the County would not
take Foster Road into its maintenance system. .
4. The LID was approved by the residents and construction of Foster Road was completed
in October of 2008. The Engineers Report attached to Order No. 2008-043, Declaring
the Intent to Create the BSRD LID stated that the County will not be taking Foster Road
into its maintenance system.
5. In 2009, the BOCC signed Resolution 2009-113 which stated that the BOCC may
establish Roads that are functionally classified as arterials or collectors. This Resolution
superseded Resolution 2006-049.
6. On October 28, 2009, the BSRD met with representatives of the Road Department and
the BOCC to discuss the maintenance of Foster Road since it was classified as a collector
Quality Services Performed with Pride
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in the County TSP and they felt it should be taken over for maintenance by the County
per Resolution 2009-113. At this meeting, the BOCC directed the officers of the District
to develop a proposal in which some maintenance responsibilities would be retained by
the District. See attached Exhibit A for a document submitted by the BSRD dated
November 3, 2009.
7. On October 20, 2010, Tom Blust, former Road Department Director wrote a
memorandum to the BOCC outlining the Road Departments recommendation concerning
the maintenance of Foster Road. Tom recommended against taking over the maintenance
of Foster Road at that time. See attached Exhibit B.
8. Conversations between the BSRD and the Road Department continued to the point where
the Road Department agreed to present to the BOCC an Intergovernmental Agreement
for the Maintenance of Foster Road (see Exhibit C) that would allow maintenance of
Foster Road by the County based on the amount of through traffic versus the amount of
traffic generated by the BSRD. Traffic counts have indicated that approximately 113 of
traffic is through traffic with 2/3 of the traffic coming from the BSRD. The IGA states
that the BSRD will be responsible for 2/3 of any work done by the County on Foster
Road and the County will pick up the remaining 1/3 of the cost.
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Exhibit "An
Page 1 of4
Beaver Special Road District
P.O. Box 3281
Sunriver. Oregon 97707 I
1
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I November 3,2009
j
1 Board of County Commissioners
1300 NW Wan Street I
j Bend, Oregon 97701
SUBJECT: Cooperative Agreement allowing acceptance of County Maintenance or
Foster Road
Dear Commissioners:
On October 28. 2009. the Deschutes County Board of Commissioners held a workshop to
discuss a variety of issues, including the possible assumption of maintenance responsibility for
the paved portion of Foster Road. Charlie Jones and Bruce Stendal, officers of the Beaver
Special Road District (the District), and Bob Dryden. a resident of the District, attended the
workshop. After a lively discussion. the Commissioners directed the officers of the District to
develop a proposal in which some maintenance responsibilities would be retained by the
District. The District's Board held its monthly meeting on October 29, 2009 and passed a motion
to develop a proposal for the Commissioners' consideration. The proposal is outlined below.
Background
Foster Road is a public road right of way, running between South Century Drive and La Pine
State Recreation Road. It is classified as a Rural Collector Road in the Deschutes County
Transportation Plan (adopted, 1988). In 2008, the residents of the District approved a Local
Improvement District levy to pave 2.1 miles of Foster Road to County standards. Residents
accepted a levy of $6301 per lot, a total of $604,901. Work was completed in September 2008.
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The paved portion of Foster extends from South Century Drive to Beaver Drive. The north end
of Foster is graveled and the central section, which crosses Forest Service and Bureau of Land
Management land, remains unimproved but has been passable throughout the year for at least
the last four years as evidenced by daily traffic from both ends.
Since the paving was completed, traffic on Foster Road has increased. Because it connects
LaPine State Recreation Road to South Century and Sunriver, it is now seen as a viable
altemative for through traffic. The County conducted a traffIC count in late October of this year
which indicated a majority of traffic was bound for the Beaver Drive neighborhood. The count
was short (perhaps only one day) and does not agree with anecdotal evidence. Informal counts
by residents during the spring and summer months indicate a majority of travel is through traffic.
Foster Road traffic includes Deschutes County school buses, delivery trucks, FedEx and UPS
trucks, contractors with truck and trailer rigs, Forest Service and BlM vehicles, as well as a
large number of private vehicles accessing recreation sites, neighborhoods, LaPine and
Sunriver. District Board members have visited informally with drivers and often hear comments
such as, "Now that you have paved part of Foster Road, the road is much more inviting."
Exhibit "A"
Page 2 of4
Beaver Special Road District ~ Proposal for Foster Road Maintenance
November 3, 2009 -page 2
The District proposes the County accept maintenance responsibility for the roadbed and
pavement of Foster Road based on the following:I
1. Foster Road was built to county standards with surveying and inspections completed .1 by county personnel. The road has a two-year guarantee and should not need major
maintenance for at least five years after that
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2. The paving was financed by the residents of the Beaver Road Special District, at a
cost of $6,301 per residential lot.
3. Foster Road continues to function as a year-round rural collector road, a criteria for
acceptance into the county road system. Traffic during spring, summer and fall
months has a high count of through traffic.
4. Resolution 2009-118 allows ''the acceptance of arterial and collector roadways at the
Board's discretion. If
The District acknowledges the County has had significant funding issues affecting the
maintenance of its current roads. The District also acknowledges the following:
1. The county has received an increase in federal forest payments which will last two
more years, as well as an increase in state tax and vehicle fees.
2. The District requests the acceptance of only the paved portion of Foster Road, a new
roadbed.
PROPOSAL
Beaver Special Road District and Deschutes County enter into a cooperative agreement for the
maintenance of the paved portion of Foster Road that includes the following conditions:
1. The County accepts the paved portion of Foster Road into the County road system
and assumes responsibility for maintaining the roadbed.
2. The District continues to fund and contract for snow removal, a significant portion of
the District's annual budget.
3. The District continues Its current programs of weed control and litter removal.
4. The District continues to monitor the road and make efforts to rectify situations that
could affect the integrity of the roadbed. (Example: the District has worked with
property owners and the Forest Service to block unofficial drives and off-road trails).
This proposal is submitted with the full support of the District's Board of Directors. Board
members are available to meet for further discussion or answer any questions. Your
consideration is appreCiated.
Respectfully,
.. ~
Charlie Jones. President
Beaver Special Road District
(541) 593-6954
Exhibit "An
Page 3 of4
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Exhibit US"
Page 1 of 2
Road Department
61150 se 27th st.• Bend, Oregon 97702
(541) 388-6581· FAX (541) 388-2719
DATE: October 20,2010
TO: Board of County Commissioners
FROM: Tom Blust, Director
RE: Foster Road -Consideration of Acceptance for County Maintenance
The Board of County Commissioners met with officers of the Beaver Special Road District
approximately one-year ago to discuss the District's request for the County to assume
maintenance responsibility for the paved portion of Foster Road. At that meeting the Board
directed the District to develop a proposal wherein the District would retain or share some of the
maintenance responsibilities for the road . The District met with their members and developed a
proposal including the following provisions (per letter to the Board date November 3, 2009
attached):
1. The County accepts the paved portion of Foster Road into the County road system and
assumes responsibility for maintaining the roadbed.
2. The District continues to fund and contract for snow removal, a significant portion of the
District's annual budget.
3. The District continues its current programs of weed control and litter removal.
4. The District continues to monitor the road and make efforts to rectify situations that
could affect the integrity of the roadbed. (Example: the District has worked with
property owners and the Forest Service to block unofficial drives and off-road trails).
The Board and the District agreed to update the traffic counts on Foster Road during the
summer months to verify the volume of through traffic vs . local traffic (Le. generated by the
District). These traffic counts were done in June of this year (see Background information
below).
Background
Foster Road is a public road right of way running generally north-south between South Century
Drive and La Pine State Recreation Road. Foster Road is classified as a rural collector
roadway in the County's Transportation System Plan (adopted in 1998). The road right of way
crosses private, Forest Service and BLM lands (see attached map). Foster Road is
approximately 4.4 miles in length -the northerly 2.1 miles are paved, the center section is dirt
and the south end is gravel. The dirt portion of the road is often impassable during the winter
months.
The northerly section of Foster Road, from South Century Drive to Beaver Drive, was paved
through a Loca'llmprovement District (LID) in 2008. This LID was formed after the 2006 road
establishment moratorium was in place. The Board made an exception to form the LID with the
stipulation that the Beaver Special Road District would continue to maintain the road. The road
maintenance stipulation was clearly spelled out in the LID Engineer's Report and was discussed
at the public hearing for formation of the LID (documented in the meeting minutes).
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i October 20,2010
Foster Road
Page 20f2
Exhibit"B"
Page 2 of2
Traffic counts done in late June of this year show an average daily traffic of 198 vehicles on
~ Foster Road. The traffic count south of the paved portion was 64 vehicles per day. This
indicates that on average 68% of the traffic is generated from residents within Beaver Special
Road District (or north of Beaver Drive) and 32% is through traffic from the south. The through
traffic is likely to drop dramatically during the winter months when the dirt portion of Foster is
difficult or impossible to negotiate. Roads with volumes below 400 vehicles per day are
considered very low volume roads. The difference in traffic volume attributable to the through
traffic will have virtually no impact on the cost to maintain the roadway (snowplowing, crack
sealing, chip sealing and other routine maintenance costs are relatively fixed regardless of
whether there are 200 or 1000 vehicles per day on the road).
Discussion
The current moratorium on the acceptance of new roads (Resolution 2009-118) was adopted by
the Board in response to the county's projected shortfall of resources to meet the long-term
maintenance and preservation needs of the existing road system. The Resolution, while
continuing the moratorium on acceptance of new roads (in place since 2006), allows for the
acceptance of arterial and collector roadways at the Board's discretion. It was felt that it would
be in the best interest of the public to accept and maintain those roads that are of county-wide
or regional Significance and deemed essential for operation of the county road system (e.g. 19th
Street extension, Deschutes Market realignmentlovercrossing).
Argument in favor of acceptance:
Foster road was constructed to county standards and paid for by the Beaver Special Road
District residents. By accepting Foster Road for maintenance, the county would ensure that the
investment in public infrastructure is adequately maintained. It is possible that there could be
some cost sharing of the maintenance responsibility as outlined in the District's proposal
discussed above. Maintenance costs will be relatively low in the short-term (first five or six
years).
Argument against acceptance:
The county clearly does not have adequate resources for the long-term maintenance of
additional road mileage. The county made it clear to the Beaver Special Road District property
owners that Foster Road would be the Road District's maintenance responsibility upon
completion of the LID. Foster Road currently functions as a local access road primarily serving
the Beaver Special Road District. Acceptance of Foster Road would not appear to meet the
intent of Resolution 2009-118, allowing the Board discretion to accept only those roads that are
deemed essential for the operation of the county road system. If the county were to take over
maintenance of Foster Road the average annual cost of maintenance would be $31,500
($15,000 per mile).
Recommendation
The Road Department recommends against taking over maintenance of Foster Road at this
time. At some point in the future, when the entire length of Foster is improved (from South
Century to La Pine State Recreation Road), the road will provide a significant system benefit
(versus a local benefit). It would then make sense for the County to accept road maintenance
responsibility.
EXHIBIT-C'
Paae 1 of3
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEM ENT
FOR MAINTENANCE OF FOSTER ROAD
This agreement is made and entered into by and between DESCHUTES COUNTY, a political
subdivision of the State of Oregon, hereinafter referred to as "County", and BEAVER SPECIAL
ROAD DISTRICT, hereinafter referred to as "District".
RECITALS
1. By the authority granted in ORS 190.010, a unit of local government may enter into a
written agreement with any other unit or units of local government for the performance of any or
all functions and activities that a party to the agreement, its officers or agencies, have the
authority to perform.
2. Pursuant to said authority, County and District find it beneficial to both parties for County
to provide certain road maintenance services for and on behalf of District.
3. Foster Road (as shown on attached "Exhibit A") is a local access road under the
maintenance jurisdiction of District and is shown as a "future collector" in the County's
Transportation System Plan.
Now, therefore, the premises being in general as stated in the foregoing recitals, it is agreed by
and between the parties hereto as follows:
TERM OF AGREEMENT
This agreement shall take effect upon execution by the parties.
TERMINATION
This agreement may be terminated by mutual written consent of the parties or by either
party upon thirty (30) days notice, in writing, delivered by certified mail or in person.
Termination of this agreement shall not affect any obligations or liabilities which accrued prior to
termination.
COUNTY OBLIGATIONS
County agrees to perform routine road maintenance work on Foster Road as outlined
below.
Page 1 of 3 -IGA, Beaver Special Road District
EXHIBIT-C'
Paae20f3
Work to be performed under this agreement shall include pavement surface
maintenance (e.g. crack seal, chip seal), gravel shoulder maintenance, traffic signing, and paint
striping on Foster Road between its intersection with South Century Drive and the end of the
pavement approximately 2.1 miles south of South Century Drive as shown on attached "Exhibit
A".
Work described above shall be performed on a routine schedule in accordance with
established County standards and practices as applied to equivalent county roads.
County shall fund a proportionate share of the road maintenance costs based on the
percentage of "through traffic". The percentage of through traffic shall be calculated based on
traffic counts performed by County every three years starting from the date of this agreement.
County shall maintain records of all costs incurred while performing road maintenance
under this Agreement. County cost for materials, equipment and services shall be based on
rates used for its internal financial management of personnel, materials and equipment.
Upon completion of the work under this agreement, County shall invoice District for its
proportionate share off the cost.
County's authorized representative for purposes of this Agreement shall be the Road
Department Director.
DISTRICT OBLIGATIONS
District will pay the amount due under each County invoice within thirty (30) days after
receipt of invoice.
District's authorized representative for purposes of this Agreement shall be the President
of the District Board.
GENERAL PROVISIONS
5. This Agreement is expressly subject to the debt limitation of Oregon counties as set forth
in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being
appropriated therefore. In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this Agreement, and if either party does not have funds
legally available for consideration from other sources, then either party may terminate this
Agreement in accordance with the termination provision of this Agreement.
6. Each party agrees that no person shall, on the grounds of race, color, sex, age, national
origin, marital status, religion, political affiliation, or physical or mental disability (if reasonable
accommodation can be made for any such disability), or on the ground of any other
classification protected by Federal or Oregon law, suffer discrimination in the performance of
this agreement when employed by either party. Each party agrees to comply with Title VI of the
Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L
No.1 01-336), as amended, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
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Page 2 of 3 -IGA, Beaver Special Road District
EXHIBIT"C'
Palle 3 of3
7. Neither party is, by virtue of this agreement, a partner nor joint venturer with the other
party in connection with activities carried out under this agreement, and shall have no obligation
with respect to any debts or any other liabilities of the other party.
8. To the extent permitted by the Oregon Constitution and subject to the limitations of the
Oregon Tort Claims Act, each party shall be solely responsible for any and all loss, damage,
injury or death caused to any and all property or persons arising from the acts or omissions of
that party's officers, employees or agents in the performance of this Agreement. District shall
defend, indemnify and save harmless County from and against any and all claims, demands,
actions, causes of action and/or lawsuits arising from the torts, as the term "tort" is defined in
ORS 30.260(8), of County's officers, employees and/or agents arising out of or in any way
related to the provision of services under this Agreement. County shall defend, indemnify and
save harmless District from and against any and all claims, demands, actions, causes of action
and/or lawsuits arising from the torts, as the term "tort" is defined in ORS 30.260(8), or District's
officers, employees and/or agents arising out of or in any way related to the provision of
services under this Agreement.
9. This agreement constitutes the entire agreement between the parties concerning the
subject matter of this Agreement and supersedes any and all prior or contemporaneous
negotiations or agreements among the parties, if any, whether written or oral, concerning the
subject matter of this Agreement which is not fully expressed herein. This Agreement may not
be modified or amended except by a writing signed by both parties.
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day
and year hereinafter written.
BEAVER SPECIAL ROAD DISTRICT
By: ___________________________
CHARLIE JONES, PRESIDENT
REVIEWED FOR DESCHUTES COUNTY DESCHUTES COUNTY, a political
subdivision of the State of Oregon
By: ____________~--~-=------By:
County Counsel ANTHONY DEBONE, CHAIR
By: __________________________Date:
ALAN UNGER, VICE CHAIR
ATTEST: ______________________ By: ________--__--__~____~~
Recording Secretary TAMMY BANEY, COMMISSIONER
Page 3 of 3 -IGA, Beaver Special Road District