1999-766-Minutes for Meeting May 26,1999 Recorded 6/18/1999VOL: CJ1999 PAGE: 766
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-766 * Vol -Page Printed: 07/06/1999 08:26:56
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Jun. 18,1999; 8:42 a.m.
Regular Meeting
(CJ)
NUMBER OF PAGES: 9
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
��►
i;J
&N
I'Ilqqq-- ebb
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
May 26, 1999
Chair Linda L. Swearingen called the Board of County Commissioners
meeting to order at 10:01 a.m. County Commissioners present were
Linda L. Swearingen, Tom DeWolf, and Dennis R. Luke. Also present
were Mike Maier, County Administrator; Timm Schimke, Solid Waste
Director; Mark Amberg, Assistant County Counsel; Rick Isham,
County Counsel; and George Read, Community Development Director.
1
2.
PRESENTATION OF NATIONAL STREAMLINING AWARDS
Before the Board was the presentation of National Streamlining
Awards.
Commissioner Luke introduced Joe Brewer to present awards for
National Streamlining. Joe Brewer reported that things in
Deschutes County, City of Bend, City of Redmond and Central
Oregon Builders Association were working very well together.
Bob Wygel, National Conference of Building Codes Standards,
presented Pam Watkins, Bob Quitmeier, Katrinia Bolton, Dennis
Perkins, and William Hunt were presented with plaques and
letters from the County Commissioners.
1NI'UT - NUNE
3. PUBLIC HEARING ON THE EXCHANGE OF THE COUNTY'S REVERSIONARY
IN'T'ERESTS IN REAL PROPERTY WITH BEND METROPOLITAN PARK AND
RECREATION DISTRICT
Before the Board was a public hearing on the exchange of the
County's reversionary interests in real property with Bend
Metropolitan Park and Recreation District.
Rick Isham stated this was a continued public hearing to
accept written testimony and review appraisals. He stated
this was to accept written testimony only.
MINUTES Page 1 of 9 MAY 26, 1999
RECEIVED
.Mica
VESCHV ES
COUNTY CLERK
y' q',� A M
Commissioner Luke stated the actual signing of the deeds, etc.
was not done. He stated the reversionary clause switching
would be contingent on the deal being complete. Rick Isham
stated that if the Board's decision was to authorize the
exchange of reversionary interest, the order would approve
that to occur.
Commissioner Luke asked if Rick Isham had looked over the
appraisals. Rick Isham stated he had done that. Commissioner
Luke asked about the appraisal. Rick stated he was not sure
if he could answer the question because he was not an
appraiser. Rick stated there was more value in the River Bend
properties. He stated the Board also had to make a finding
that it is in the public's interest to complete the exchange.
Commissioner Luke stated the only way we would get the
property back was if the Parks & Recreation went out of
business or they decided to use it for commercial use.
Commissioner Swearingen stated she would open the public
hearing to allow submission of written testimony.
Jay Merrill submitted written testimony.
Nunzie Gould submitted written testimony.
There being no further written testimony submitted, Chair
Linda Swearingen closed the public hearing.
LUKE: So moved.
Chair Swearingen stated you moved approval of the exchange of
the County's reversionary interest to other property as so
designated.
DEWOLF: I'll second.
Tom DeWolf stated that one thing that came up was that a
letter came in from Wendy Guyer stating that he was on the a
Bend Metro Park & Recreation Foundation Director. He stated
that was true. He clarified that he did not feel that he had
a conflict of interest.
MINUTES Page 2 of 9 MAY 26, 1999
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
4. SIGNATURE OF RESOLUTION NO. 99-037, AND A MEMORANDUM OF
UNDERSTANDING BETWEEN DESCHUTES COUNTY, DESCHUTES COUNTY FAIR
BOARD AND DESCHUTES COUNTY FAIR ASSOCIATION REGARDING THE LOAN
OF $800,000 FROM THE SOLID WASTE CAPITAL PROJECTS FUND
Before the Board was signature of Resolution No. 99-037, and
a Memorandum of Understanding between Deschutes County,
Deschutes County Fair Board and Deschutes County Fair
Association regarding the loan of $800,000 from the Solid
Waste Capital Projects Fund.
Rick Isham reported the old County Fairgrounds was being used
in part to fund the construction of the new County
Fairgrounds. Rick Isham reviewed the proposed loan to
Deschutes County Fairgrounds. He stated the construction
budget of the County Fair needed to borrow approximately
$800,000 that would have been realized from the sale of the
southerly portion of the old fairgrounds and would be realized
sometime after those had been expended on the new fairgrounds.
Rick Isham reported there were two things before the Board.
The first item was an order authorizing the loan from the
Solid Waste Fund to the new Fair Capital Construction Fund.
There was an agreement prepared acknowledging that _loan anal
cammitting 1.Yne proceeds from the sale of the southerly portion
from the sale of the old fairgrounds to repay that loan when
that transaction closes.
Rick Isham stated the Fair Board was like a public entity and
needed to approve the agreement.
Chair Neil called the Fair Board meeting to order. There were
no previous minutes to be approved at this time. Fair Board
members present were Bill Mayfield, Ken Johnson, Don
Miltonberger, and Neil Davis.
Commissioner Swearingen asked if the Fair Board members
understand the terms of the loan. She stated the loan would
MINUTES Page 3 of 9 MAY 26, 1999
be made at 5 %o and would be for the period of one year. It
would be due June 30, 2000.
Commissioner Swearingen stated the loan could be extended if
need be.
Bob Quitmeier, Community Development Director for City of
Redmond, reported there was a transportation plan passed with
the alignment of Sisters Avenue and Canal Blvd. etc. He
stated there was a potential zone change for that commercial
property. The only thing that would be holding back the sale
of the property would be the discussion of an overpass that
had been brought up by the Mayor and Redmond City Council.
The City of Redmond was waiting until the legislature had done
their work on the transportation funding package bill.
Commissioner Luke stated that the original transportation
package included the vacation of Canal portion.
Commissioner Swearingen stated the County based their earnest
money on the vacation of Canal. She asked if the City was
going to do something to nullify the earnest money agreement.
Bob Quitmeier stated the Redmond City Council had brought up
a transportation alternative that was not included in the
transportation plan.
Rick Isham stated the design was done by Oregon Department of
Transportation.
Neil Davis, Fair Board President, asked what the State statute
was on funding of County Fairs. He thought there was an old
senate bill regarding that issue. Rick Isham stated the
funding county fairs was an authorized county expense.
Commissioner Luke stated the interest would only be charged on
the amount of money the Fair used, not on the total $800,0000.
MILTONBERGER: I move we accept it.
MAYFIELD: Second:
MINUTES Page 4 of 9 MAY 26, 1999
5.
FAIR BOARD: Voted unanimously to approve the agreement.
LUKE: I move signature of Resolution No. 99-037.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
Rick Isham stated the Board of County Commissioners also
needed to approved the agreement.
DEWOLF: So moved.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONSENT AGENDA:
Consent agenda items before the Board of County Commissioners
were: 1) signature of Resolution No. 99-040, aupporting the
Oregon Comprehensive Emergency Management Act (Senate Bill
#31) which urges the Governor and Legislature to act in the
creation of legislation to fund Emergency Management, a
Disaster Relief Fund and Mitigation Fund; 2) award of contract
for construction of a skid pad to Hap Taylor & Sons, Inc.; 3)
award of contract for the construction of Hereford Local
Improvement District to 4-R Equipment Co.; 4) signature of
Personal Services Contract for hearings officer for a period
of one year to Green & Associates; 5) selection of recipient
of State Dispute Resolution Program Funds; 6) approval of
offers for purchase of property in the La Pine Industrial
Park; 7) appointment of Glen Noble and Louise Danker to the La
Pine Cemetery Board; 8) signature of Order No.99-096,
authorizing the repurchase of tax foreclosed property to last
owner of: record; 9) signature of Bargain & Sale Deed
authorized by Order No. 99-096, allowing the last owner of
MINUTES Page 5 of 9 MAY 26, 1999
record to repurchase tax foreclosed property; 10) signature of
Acceptance of Road Dedications for Fair Mile Road located near
the City of Sisters; 11) aignature of Order No. 99-099,
pursuant to Order No. 98-161, authorizing the sale of property
to be used to acquire the Health & Human Services/Becky
Johnson Community Campus; 12) signature of Order No. 99-095,
approving the sale of real property and directing appropriate
documents be prepared for properties sold at the Land Sale
Auction on May 6, 1999; and 13) signature of Orders No. 99-065
and 99-066, authorizing the refund of taxes.
DEWOLF: Move approval of consent agenda.
SWEARINGEN: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE
DISTRICT
6. SIGNATURE OF RESOLUTION NO. 99-032, TRANSFERRING
APPROPRIATIONS WITHIN VARIOUS FUNDS OF THE 1998-99 COUNTY
BUDGET
Before the Governing Body was signature of Resolution No. 99-
032, transferring appropriations within various funds of the
1998-99 Deschutes County Budget.
LUKE: I would move Resolution No. 99-032.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
MINUTES Page 6 of 9 MAY 26, 1999
7. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 4-H/EXTENSION
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of weekly accounts
payable vouchers for 4-H/Extension County Service District in
the amount of $702.98.
LUKE: I would move approval of the weekly accounts
payables subject to review.
DEWOLF: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT
8. SIGNATURE OF CHANGE ORDER #1 TO CONTRACT WITH HITECH SYSTEMS
INC. CLARIFYING THE PERFORMANCE BOND DOES NOT INCLUDE THE
OPTIONAL MAINTENANCE SERVICE AGREEMENT BEYOND THE WARRANTY
PERIOD
Before the Governing Body was signature of Change Order #1 to
the contract with HiTech Systems, Inc. clarifying that the
performance bond does not include the optional maintenance
service agreement beyond the warranty period.
DEWOLF: Move approval.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
9. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR 9-1-1 COUNTY
SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for 9-1-1 County Service district in the
amount of 19,081.59.
MINUTES Page 7 of 9 MAY 26, 1999
DEWOLF: Move approval, subject to review.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
CONVENE AS THE GOVERNING BODY OF BEND LIBRARY COUNTY SERVICE
DISTRICT
10. APPROVAL OF WEEKLY ACCOUNTS PAYABLE VOUCHERS FOR BEND LIBRARY
COUNTY SERVICE DISTRICT
Before the Governing Body was approval of the weekly accounts
payable vouchers for the Bend Library County Service District
in the amount of $2,522.13.
DEWOLF: Move approval subject to review.
LUKE: Second.
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
11. SIGNATURE OF DEDICATION DEEDS FOR THE REALIGNMENT OF SISTERS
AVENUE IN REDMOND
Before the Board was signature of dedication deeds for the
realignment of Sisters Avenue in Redmond.
Rick Isham reported he had the dedication deeds for the
Sisters Avenue realignments.
LUKE: I move signature of Dedication Deeds, subject
to review.
DEWOLF: Second.
MINUTES Page 8 of 9 MAY 26, 1999
VOTE: SWEARINGEN: YES
DEWOLF: YES
LUKE: YES
DATED this 26th day of May 1999 by the Deschutes County Board
of Commissioners.
ST:
Recording Sec etary
Linda L. Swearingen, Chair
T;nis
DeWo Commis r
R. Luke, Commissioner
MINUTES Page 9 of 9 MAY 26, 1999