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1992-36266-Minutes for Meeting October 14,1992 Recorded 10/21/199292-36266 0119-108$ MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS, October 14, 1992 ..r Chairman Maudlin called the meeting to order at 10 a.m.M -Board members in attendance were: Dick Maudlin and Tom Throop:,,. Al -bo present were: Rick Isham, County Counsel; Bruce White, As,1staltit County Counsel; Larry Rice, Public Works Director; and Dennis Maloney, Community Corrections Director. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, signature of Project Prospectus and Local Agency Fund Exchange Agreement for the Butler Market Road Widening Project; #2, approval of out-of-state travel request from Health Department for attendance at Annual Meeting of National Association of Womens' Health Care Professionals in Chicago; #3, chair signature of Revision #2 to Grant Award from Oregon Health Division concerning WIC program; and #4, approval of Amendment #26 to the Mental Health intergovernmental Agreement. THROOP: I'll move approval of the four consent agenda items. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 2. FOREST HIGHWAY PROJECT AGREEMENT Before the Board was authorization for Public Works Department to sign modification of Forest Highway Project Agreement for the Paulina Lake Road Project. THROOP: I'll move authorization. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 3. AWARD OF BID FOR NEGUS TRANSFER STATION IMPROVEMENTS Before the Board was award of bid for the construction of retaining walls and slabs at the Negus Transfer Station to the low bidder, Co -Bridge Inc. of Bend, in the amount of $144,288.78 for Alternative B (five bays). PAGE 1 MINUTES: 10-14-92 0119-1089 THROOP: I'll move award. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 4. PUBLIC HEARING: ORDER 92-109 FOR ANNEXATION TO RFPD #1 Before the Board was a public hearing on Order 92-109 approving the annexation of Eagle Crest Phase II to Rural Fire Protection District No. 1 and setting a final hearing for November 10, 1992, at 10 a.m. Bruce White said a petition had been received signed by Jerry Andrus on behalf of Eagle Crest Partners and Bill Lichey on behalf of ERD, Inc. requesting the annexation of several hundred acres to the RFPD #1. He thought the property in question was the property which would be covered by the proposed addition to the Eagle Crest Destination Resort. He gave the Board a map showing the three contiguous parcels which were being considered for annexation. He felt the legal description of Parcel 1, which was provided by the petitioners, needed to be clarified further, and requested that the Board include that as part of their motion should the Board approve the order that day. In certifying that a sufficient number of owners had signed the petition, the Assessor's Office records showed that one of the parcels was not owned by any of the petitioners. However, he understood that since then, there had been a conveyance of the concerned property to Eagle Ridge Development Company. In any case, the acreage involved was so small that it would not affect whether a sufficient number of petitioners had signed the petition. Chairman Maudlin opened the public hearing. Commissioner Throop asked the representative from Eagle Crest Partners Limited, Karen Smith, to come forward and answer some questions. He asked if parcel 1 had been acquired through an exchange with BLM, and she said yes. She said both parcels 1 and 2 were acquired from BLM, and that Parcel 3 was acquired earlier this year from a private party. Chairman Maudlin closed the public hearing. MAUDLIN: Entertain a motion for signature of the Order subject to the correction of legal description. THROOP: I'll make the motion for signature subject to the correction of the legal description. PAGE 2 MINUTES: 10-14-92 0119-1090 MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5. BUSINESS LOAN TO PACIFIC SCIENCE & TECHNOLOGY Before the Board was approval of a business loan to Pacific Science & Technology for $38,000. COIC staff positively recommended approval of the loan, and COIC was also loaning them $76,000. Pacific Science & Technology was a sole proprietorship located in Bend. It was founded in January 1988 by Christopher Dent. The company designed, assembled, and marketed a product line of miniature electronic metering instruments that recorded the run-time of lights, motors, and other electrical devices. The firm was attempting to fund the purchase of a new building, improvements, equipment, and inventory. The total project was expected to cost $228,600. The Bank of the Cascades would be providing $88,000 and the remaining balance of $26,600 would be provided with cash equity. THROOP: I'll move approval. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 6. ACCOUNTS PAYABLE VOUCHERS Before the Board was approval of the weekly bills in the amount of $457,860.77. THROOP: Move approval subject to review. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 7. IRS FORM FOR BORDEN BECK PARK Before the Board was chair signature of IRS Form 8283 Noncash Charitable Contributions concerning the dedication of property known as Borden Beck Park. Rick Isham said that when the Eagle Rock Subdivision was developed, the Borden Beck property, which was approximately PAGE 3 MINUTES: 10-14-92 0119-1091 28 acres, was offered as a park dedication. The land use decision which approved the subdivision provided for the dedication of that property to park purposes. The plat for Eagle Rock Subdivision was filed and after a period of negotiations, the County would own and control the property. The position of the developer was that their dedication of the property was not a necessity, and the County did not have the authority to require the land be dedication. Therefore, they would like acknowledgement that the County received the property so that they could file with the IRS that it was "more in the nature of a donation than in the nature of a quid pro quo in the development process." The developer had submitted an IRS form for the County to sign acknowledging receipt of the property. The form also included an appraiser's evaluation of the property, however, he understood the accuracy of the appraisal would be an issue between the developer and the IRS and would not involve the County. He said the Hearings Officer's decision made reference to the dedication of a park, however since the property wasn't within the Urban Growth Boundary, he was sure the ordinance required the dedication of park property. He said normally the County did not receive park property resulting from subdivisions outside of the UGB. He would not be able to give an exact representation of what happened in this case without researching the record involved. He thought Dave Jaqua, the attorney who represented Fred and Judy Gunzner (the original applicants) in this process, would say their position was that they were not required to make this dedication, and it was something that was offered in community spirit because of the unique nature of that particular piece of property. Commissioner Throop still had some concern about whether the transfer of property was required as a part of the subdivision approval or was a gift. Chairman Maudlin said that by signing the form, the County was just acknowledging that it received the property, and was not confirming whether the property was a gift or was required by a land use action. He felt that issue would be determined by the IRS, not the County. Rick Isham said it was an issue of tax law and he was not familiar with tax law. He said the question of whether or not they would be entitled to charitable treatment by the IRS was a separate and distinct question from whether or not it was a donation required by some land use action. Rhonda Avery, 1305 S Canyon, Redmond, accountant for Nolan, Weigand & Riemenschneider, said that this paperwork had to be submitted to the IRS by tomorrow at 5 p.m. Chairman Maudlin said that if by signing the form, the County was stating that it was appropriate for the IRS to consider this property as a charitable donation, then he would not be willing to sign it without investigating further. However if PAGE 4 MINUTES: 10-14-92 0119-1092 by signing, the County was only acknowledging receipt of the property, then he was ready to sign. Commissioner Throop asked Rhonda Avery if by signing this form, the County was making any kind of judgement on whether or not this was a charitable donation received by the County? Mr. Avery responded no, and that it could still be questioned by the IRS and possibly end up in tax court. Commissioner Throop asked if in signing this document, the County saying it considered the property to be a charitable contribution? Ms. Avery said the County would be saying they received the property, and she hadn't found anything in her research to indicate that by signing the County would be saying definitely yes or no on the charitable contribution issue. She said her accounting firm had already done the research on this property transfer, and they felt it was charitable donation and they felt they could justify why they took that position with the IRS. Commissioner Throop said he had a hard time seeing it as a charitable donation if it was a requirement of law to donate the land in order to get approval for the subdivision. Ms. Avery said she did not know for sure what was actually required by law, however the 25 -acres of river property which was donated was far more than whatever might have been required resulting from the subdivision. The subdivision had nine lots of 20 acres each. Commissioner Throop agreed that 25 acres was certainly more than 8% of the total development property which had normally been required. MAUDLIN: I would entertain a motion for chair signature. THROOP: I'll move chair signature. MAUDLIN: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES 8. CONSERVATION EASEMENT FOR THE LLOYDS Before the Board was signature of a Conservation Easement for Thomas and Dawn Lloyd in conjunction with site plan review within the Landscape Management Zone to construct a new residence on the Deschutes River. THROOP: I'll move signature of the Conservation Easement. MAUDLIN: I'll second the motion. PAGE 5 MINUTES: 10-14-92 9. 10. 11. 0119-1093 VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES SPECIAL TRANSPORTATION FUND AGREEMENT WITH CITY OF BEND Before the Board was signature of a Special Transportation Fund Agreement with the City of Bend to provide Dial -a -ride Services. THROOP: I'll move signature. MAUDLIN: I would second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES DEVELOPMENT AGREEMENT FOR BEND AGGREGATE Before the Board was signature of a Development Agreement for Bend Aggregate and Paving, Inc. THROOP: I'll move signature of the Development Agreement. MAUDLIN: Second the motion. VOTE: THROOP: YES SCHLANGEN: Excused MAUDLIN: YES PROPOSED TRANSITIONAL HOUSING CENTER Commission Throop said there was a group which had formed to address the number one human service need in this community -- low-income transitional housing. This group had formulated a proposal for a Bill Healy Family Center, and their purpose in coming before the Board was to give the County an update on their progress and to outline the areas where they would like the County's participation. Kathy DeGree with Mr. Bachelor, Sharon Miller with COCAAN, and Dennis Maloney from County Community Corrections gave the presentation to the Board concerning the proposed Bill Healy Family Center. Kathy DeGree said last year Mr. Bachelor had a free ski day called "Sharelift" which raised over 10,000 pounds of food and clothing and over $3,000 which went to the Rosie Bareis Campus. As a result of that project, the Sharelift committee of private and public sector volunteers, asked what the community really needed. Dennis Maloney said a survey was PAGE 6 MINUTES: 10-14-92 0119-01094 done which determined that the most eminent need was transitional housing to help people more from a dependent situation to being independent, contributing participants in the community. Most of the agencies which provided emergency services were involved in making that decision. Sharon Miller said they all agreed there was need for a transitional program and facility to help people bridge from a state of homelessness into the regular housing market. The emergency shelters, which were very short term, were not meeting that need. Dennis Maloney said participants in the program "would be kept warm, safe and dry," but they would also be expected to participate in programs and to become more employable, i.e. job searches, health needs assessments. The purpose was to move people from this setting into a more permanent apartment setting. They hoped to have some money available to help pay the first month's rent and deposits. Kathy DeGree said the goal of this project was to emulate the leadership which the County took in addressing the housing needs of the community, and they wanted to build on those efforts. Through a week-long fundraising effort, their goal was to raise, from the private sector side, between $80,000- $100,000 towards the project. This money would help leverage state and federal dollars available for this type of project. The public sector couldn't do it by itself and the private sector couldn't do it my itself, however she felt that by working together the project could be moved forward. She said they were requesting that the County donate or somehow leverage the land needed for this project, so that the funds raised could used to enhance the project. If the County could provide the property, it would set the foundation which would make it possible for the volunteer group to apply for additional state and federal grants. Sharon Miller said the County property donation and the community contribution through Sharelift would generate anywhere from $1.5 million to $1.75 million to come into this community. The Community Action Board had agreed to consider providing some expertise to do the financial development for the project, i.e. filing grant applications, discussions with U.S. Bank. They were looking to come out of the project with a total debt service of about $450,000 on a $1.5-$1.75 million project. Dennis Maloney said Community Corrections wanted to have a significant amount of the labor completed by their trained people who were on court sentences. He had met with the judges regarding having some of the skilled people sentenced to this program. He felt that would send a positive message to the community also. PAGE 7 MINUTES: 10-14-92 0119-•1095 Chairman Maudlin said he had been shown one piece of property which was being considered for this project and asked if there were any others under consideration. Commissioner Throop said there had been some discussions with the State Highway Division regarding some parcels which might be available along the Bend Parkway, however it didn't look like the time lines would work out to utilize any of these properties. Commissioner Throop asked for more particulars on what the project would look like. Sharon Miller said it would be a 26 - unit multi -family housing project, which would not necessarily be on one structure. The units would range from one bedroom to four bedrooms and the rent would be from $185 to $315 per month. These rents might also be available for supplements. Included in the facility would be a multi-purpose space to house the supporting organizations, i.e. COBRA, Mental Health, COCAAN, counseling for employment and career development, budgeting, child care for job seekers. They felt the turnover in these units would be about once every six months, therefore there was a potential for 50 families to receive services at this facility each year. This facility could also offer services to the larger "at risk" population which was in some state of homelessness or on the edge of it. She saw it as a service hub for this County. Kathy DeGree said their goal was to break ground around the Spring of 1993 so that the doors could be opened in January 1994. They also were asking that the County back their loan in a similar fashion as the County did for the Rosie Bareis Campus. Commissioner Throop said the reason this would be an opportunity rather than a liability for the County was because the mortgage would only be $446,000 while the value of the asset, which the County would be in a first position on, would be $1.5 million. Sharon Miller said regardless of who was backing the loan, the bank wanted to be assured that the management and rate structure would support the loan. Chairman Maudlin he felt strongly that he would not enter into any situation which would result in the County having responsibility for the operation of the facility like had happened with the Rosie Bareis Center. He had no objection to donating property or helping with the loan, however he didn't want County staff taking over management of the facility. Sharon Miller said the management and ownership of the building would be by either a private -nonprofit or a public entity, other than Deschutes County, which had a background in property management and rent collection, i.e. COCAAN, Central Oregon Regional Housing Authority, Community Action Foundation of Central Oregon. PAGE 8 MINUTES: 10-14-92 0.19-1096 Commissioner Throop pointed out that there would be a 3-1/2 point advantage on financing if there was a public entity which would guarantee the loan. Dennis Maloney concurred with Chairman Maudlin that there was never any intent to have the County involved with the management of the facility. Chairman Maudlin said the County would continue to examine the options for property for this project and would keep the group informed. Commissioner Throop said negotiations were underway with the other property owners involved in a possible site, and he said the County would also continue to work with the Highway Division to see if they had anything available for a fall -back location. He said he County would need to move slowly and cautiously, but wanted to be a partner in this great project. 12. EXTENSION OF BROOKSWOOD BLVD Chairman Maudlin said there was a piece of property which would be greatly affected by the proposed alignment of the extension of Brookswood Boulevard. After designation of the alignment, the Board asked the Public Works Department to work with the property owners, the McCoys, as quickly as possible. In August, Dave Hoerning sent them a letter saying the County was going to take their property and enclosed a map showing the road which would cut their property in half. They had 5.5 acres with a well and power on one side of the road alignment and their manufactured house/proposed building site on the other side. Since the road wouldn't be built until 1995-96, the County wouldn't take acquisition of the property until sometime in 1994. The McCoys didn't want to go ahead with any projects just to have them condemned, but they wanted to build a home now. Commissioner Throop suggested acquiring the property now. Chairman Maudlin agreed that if the County was going to take their property sooner or later, why didn't we take it now so that the McCoys could get on with their life. The McCoys had said they would even consider trading for some other property owned by the County. Commissioner Throop asked Counsel whether the County would had any problems with purchasing the property in advance? Mr. Isham said the County no. Commission Throop asked whether taking the 80 foot road right-of-way would require the County to purchase the entire parcel? Chairman Maudlin said he didn't know for sure. Commissioner Throop suggested that Mr. Isham contact Dave Hoerning regarding the situation. Mr. Isham suggested that he pass this letter on to the Public Works Director stating that the Board would like an update on the Brookswood Boulevard extension schedule in light of the McCoys' request. PAGE 9 MINUTES: 10-14-92 DATED this day of (% Commissioners of eschutes County, Ore ATTE Recording Secretary PAGE 10 MINUTES: 10-14-92 0119-1097 , 1992, by the Board of Commiss Nancy Pope S hlangen, Commissioner c ck ud1in, Ch d firman