Loading...
2002-861-Minutes for Meeting May 22,2002 Recorded 5/23/2002Q EE3 DESCHUTES COUNTY OFFICIAL RECORDSMARY SUE PENHOLLOW, CJ 2402.861 �J CO COMMISSIONERS* JOURNAL CLERK <.� 05/23/2002 01:56:41 PM Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 . Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke Mike Daly MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MAY 2.2, 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Rick Isham and Laurie Craghead, Legal Counsel; George Read, Paul Blikstad, Steve Jorgensen, Community Development; Tom Blust, Gary Judd and George Kolb, Road Department; Kelly Jacobs and others from Juvenile Justice; Dan Despotopulos, Fair and Expo; media representatives James Cronin of the Bulletin and Jeff Mullins of KBND Radio; and 22 citizens. Chair Tom De Wolf opened the meeting at 10: 00 a. m. At this time, he also announced that the Board would be going into emergency executive session at the conclusion of this meeting in order to address a personnel issue and a litigation issue. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was Consideration of Signature of Resolution No. 2002- 039, Regarding the Annual Election to Receive National Forest -Related Safety Net Title II and Title III Payment Allocations (under P.L. 106-393). Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 1 of 14 Pages Quality Services Performed with Pride Tom Blust gave a brief overview of the Title II and III allocations. He indicated Title I is a separate, one-time decision, and has already been addressed. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 3. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2002-010, Adopting a Four -Year Road Capital Improvement Plan and a Twenty -Year Transportation System Plan (TSP) Project List. George Kolb and Steve Jorgensen gave a brief overview of the two documents, which are linked. The project list is being modified, and the road department projects are basically maintenance projects. Steve said he'd like to do this process every year. He explained there are very few new projects; most of it is reorganization. The level of work has been stepped down in order to spread the dollars around to more projects. George Kolb referred to the capital improvement program detailed on an oversized map. Steve Jorgensen stated that this information is also available on the County's website under CDD, Transportation. Chair De Wolf opened the public hearing. Maxine Reames, a citizen who lives off Alfalfa Market Road, asked what the impact of the Prineville/Millican Road project would be on Alfalfa Market Road. She is concerned about the extra traffic and additional wear and tear on the road. Steve Jorgensen said that he hasn't seen any traffic analysis on the effect on Deschutes County roads, and ODOT may not have to provide it. He stated this road is being strongly supported by government entities. Commissioner Luke said ODOT has done surveys, and there is data available. It has been shown that the truck traffic going by the Bend Airport would be significantly reduced. In his opinion there wouldn't be a lot of reasons for trucks to use the road going through Alfalfa, since they could easily travel on to Highway 20. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 2 of 14 Pages Chair De Wolf then closed the public hearing LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 4. Before the Board was Consideration of the Continuation (from April 10, 2002) of Appeal No. A-01-18/File No. LR -99-49, an Appeal of the Hearings Officer's Decision on a Lot of Record Verification (Rastovich Property). Chair DeWolf indicated that a letter from the applicants' attorney had been received this morning, indicating that the applicants wished to withdraw their request for an appeal at this time. 5. Before the Board was a Decision (Continued from May 8) and Consideration of the First Readings of Ordinance No. 2002-001 and Ordinance No. 2002- 002, Revisions to the Comprehensive Plan and Zoning Ordinance for the Rural Service Centers of Alfalfa, Brothers, Hampton and Millican (to Comply with State Rule regarding Unincorporated Communities). Commissioner Daly said he spoke with Andy Andrews, and apologized to Mr. Andrews that he was in error when he told Mr. Andrews oral testimony would be allowed at today's meeting. Christy Morgan explained that the information has not changed except for comprehensive plan language that may allow the two acres north of Willard Road be utilized as future commercial property, but it would not be rezoned for commercial uses at this time. Commissioner Luke stated that if someone wanted to rezone it, it would involve a public process, subject to hearings and to appeal. Christy Morgan confirmed this. Commissioner Daly said that an item in Exhibit D, page 4, #4, is not clear to him. Christy Morgan explained what it meant. She stated that she also received some phone calls expressing concern about the two acres where the community building sits. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 3 of 14 Pages Chair DeWolf indicated that he received calls as well. He said the Board and staff spent a great deal of time on this at the community meeting, and created what it was thought the citizens wanted. He emphasized he understands that people have different opinions and desires, but that he is also clear on where things ended up at the meeting. He said he is okay with where they are at now, not moving forward with the comp plan change on the other two acres. Commissioner Luke said this had been discussed. Chair DeWolf replied that none of the votes taken there were overwhelming; they were all very close. In going along with what the Board was told in Alfalfa, he is comfortable staying with what's been done. He stated that he doesn't think anyone is 100% happy with this, but most seem to be able to live with it. Commissioner Daly explained that he was not able to attend the Alfalfa meeting due to illness. However, since that meeting he has received a lot of calls and letters, and feels very strongly it would be a good idea to add the two acres across the road as reserve commercial in the comp plan. That would mean no zoning change at this time, just a designation in the comp plan. Commissioner Luke indicated agreement with this statement. He said he would have a problem changing the zoning outright at this time, but he has no problem with changing the comp plan. The owners of the property would have to go through a very public process to change the zoning. It is clearly not an EFU piece of land. Chair DeWolf stated that essentially, by changing the comp plan and not the zoning, that says that when it is appropriate to add commercial property, that's where the comp plan says it will go. He further said there seems to be a difference of opinion at the Board level regarding these options, and whether or how the Board should take testimony at this first reading. Laurie Craghead stated that she didn't think they could. There hasn't been a first reading yet, but this was not noticed as a public hearing. Commissioner Luke explained that this is a legislative matter, not a land use issue, and that the Commissioners did receive correspondence and calls. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 4 of 14 Pages Chair DeWolf asked how to let people know that we can receive further input. Ms. Craghead replied that ex parte is not an issue. She said that if the Board changes the wording before the second reading, the change would have to be read in its entirety. At this time several people in the audience indicated they had questions. Laurie Craghead adjourned to an adjacent room to speak with them. The Board addressed other issues during this time. Continuation of this agenda item: Laurie Craghead stated that the citizens' questions were more in the way of testimony that they would like to express. They were advised to contact the Commissioners individually and staff if desired. LUKE: I move first reading of Ordinance No. 2002-001, inserting new language that deals with the two -acre parcel (Exhibit D). DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf conducted the first reading, by title only, to include exhibit D as amended. LUKE: I move first reading of Ordinance No. 2002-002. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Chair DeWolf then conducted the first reading of Ordinance No. 2002-002, by title only. The second reading of both Ordinances was scheduled for the Wednesday, June S Board meeting. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 5 of 14 Pages 6. Before the Board was a Public Hearing (Continued from May 14) regarding a Decision on the Approval of an Application for a Final Master Plan (FMP) and Other Agreements relating to the Proposed Resort at Pronghorn (formerly Huntington Ranch). Paul Blikstad said that staff has completed the final draft of the Board's decision regarding the Final Master Plan. Laurie Craghead said she received the Memorandum of Understanding, signed by the developer and the Bureau of Land Management, as required by the IMP. It serves to determine where the permanent secondary access will be and where it will connect. It has been signed by the BLM and entered into the record. (A copy is attached as Exhibit A) This morning a draft of the improvement agreement was completed, as worked out between staff, legal and the applicant. The road is to be built to County standards, at whatever cost the County would normally bear for this type of work. It also states how the cost would be divided if the location of the road cannot be determined. A discussion then took place regarding the developer's obligations for the development of 19th Street. Commissioner Luke said that the City of Redmond is concerned regarding the impact to that road. Laurie Craghead stated that this is not a condition of the CMP and is not in this agreement. George Read explained this decision separates the connecting road from 19th Street, as stated in condition #31. A proportionate share of 19th Street based on usage is still an obligation of the developer, per the CMP. The difficulty is that no one knows where it's going, so it's hard to describe. Chair DeWolf said that all of the entities would be working together on the road development of that area. George Read said that there are two things at work here. The CMP approval requires access for connecting primary and secondary roads around the resort. The other part is already in place under the CMP. The agreement also references other things that are to occur. Redmond's concern does not change things. The Board is considering the piece that comes around the resort; the two-mile stretch of road built to County standards is their obligation. At this time, Chair De Wolf opened the public hearing. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 6 of 14 Pages Nancy Craven, attorney for the applicant, spoke. She said she has worked with County staff and agrees with the documents before the Board. She stated there seems to be a full understanding. Jan Wick of Avion Water Company then testified. He said that his company would be providing domestic water to the development. He wanted to point out that the developer is instituting a voluntary transfer tax for low-income housing, and is providing wildlife protection funding, and he finds this rare and admirable. He asked that the Board approve the application. Chair DeWolf and Commissioner Luke pointed out that Eagle Crest and other developments in the area also contribute to this kind of funding and are mindful of the impacts on wildlife. Being no further testimony offered, Chair DeWolf closed the public hearing. Laurie Craghead suggested that the Board move approval, subject to a minor change in Paragraph B. LUKE: Move approval, subject to that minor change. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. DALY: Move approval of the Memorandum of Understanding that has been signed by the applicant and the BLM. LUKE: Second. VOTE: LUKE: DALY: EWOLF: Yes. Yes. Chair votes yes. At this time, Commissioner Luke expressed his displeasure at documents coming in to the Board at the last minute, especially those involving a land use issue. LUKE: Move approval of the Final Master Plan Findings and Decision, subject to legal review. DALY: Second. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 7 of 14 Pages VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 7. Before the Board was a Public Hearing and Consideration of Signature of Order No. 2002-057, Approving the Annexation of Walker Annexation Territory into Rural Fire Protection District No. 2. Chair De Wolf opened the public hearing. Mary Ann Walker, the owner of the property, testified. She said there is a mistake on the address of the property address; it shows the property on the wrong side of the highway. The correct address is 65905 W. Highway 20. Being no further testimony offered, Chair De Wolf then closed the public hearing. LUKE: I move approval, subject to review and correction of the address by Legal Counsel. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 8. Before the Board (Acting as the Contract Review Board) was a Discussion of a Protest of a Notice of Intent to Award Contract for the Deschutes County Fair & Expo Sign and Signal Project. Rick Isham explained that this is a protest relating to signage at the Fairgrounds and Expo Center. The Manager of the Fairgrounds issued a request for bids, and two were received; one from Christenson Corporation and one from TomCo Electric. These were evaluated, and TomCo was selected to receive the notice of intent to award. Mr. Isham said that he received phone call from a representative of Christenson Corporation, and explained that the basis of the notice of intent to award was that Christenson Corporation's bid did not include a bid bond as required. The notice of intent was drafted, indicating that Christenson Corporation was non- responsive, based on the rules under which the County operates. The caller offered a reason why it was not there. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 8 of 14 Pages Mr. Isham told him that any bidder can issue a protest, and this is their opportunity to present any information that could cause the Board of Commissioners to reevaluate the notice of intent. At this juncture the award has not been filed, and the Board needs to consider the information they have received and will receive today, and issue a written decision either upholding or denying the award. He further explained that whether the current intent is upheld or if a new award is issued, either party could take this to court; the administrative process would be complete at this point. Commissioner Luke asked if the County requires a bid bond on all competitive bids. Mr. Isham indicated that this project would be a prevailing wage job, and would have to be specifically exempted. Consequently, the Board would not exempt this one. For this type of work, the standard of practice is to require bid security. Normally if there is a surety bond for bid security, which is a commitment from the insurance carrier. There are alternative ways, such as a letter of credit or a cashier's check. The bid that was awarded had the bid security and Christenson Corporation didn't, but they have an explanation why they didn't attach it. They will testify at this time; this is basically an informal hearing. Bill Taggard, the Branch Manager of Christenson Corporation in Bend, spoke. He said they did a walk-through at the Fairgrounds and decided to bid on this project. They realized a bid bond was required. He said part of their procedure is to submit information to their main office in Portland. The corporation was in the process of changing bonding companies at that time, and the bid bond wasn't ready at the time the bid was submitted. He said they are certainly capable of doing it. TomCo filled out their paperwork correctly and Christenson missed it, but Christenson's bid is $12,000 or so less than the TomCo bid. He would like to see the County save some money. He explained that ordinarily their bids go to a general contractor; and it is not a common process for them to do this. It's not something they do on a regular basis. Commissioner Luke stated that they had the option of producing a cashier's check. Mr. Taggard replied that they did, but he was on vacation when this went out. He said he's the signing the checks for the branch, and he should have made sure it was done. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 9 of 14 Pages Colby Thompson of TomCo then spoke. He said that what has been displayed before the Board is true; that Christenson failed to provide evidence of their bid security. They did have the option to provide a cashiers' check. Christenson is a large corporation and a major player in this industry in the northwest. However, the bid documents did clearly ask for proof of bid security. He stated that the position of TomCo is that Christenson Corporation has provided a non- responsive bid, and TomCo would like to proceed with the notice of award as previously issued by the Board. No one else indicated that they wanted to testify. Commissioner Luke stated that he comes from a construction background. Also, at the legislature, a lot has been done to streamline the bid process. Bidders need to follow procedures, and it is very clear it what is necessary. In this case it would save the County some money, but there's a reason the rules are in place. Therefore, he can't uphold the protest. Commissioner Daly said that he also was a contractor, for eighteen years, and has been through this himself. He stated that this is a part of the process, and it is too bad they didn't follow it. He'd like to see the County save money, but he feels everyone needs to follow the established rules. LUKE: I move we award the contract to TomCo and deny the appeal from Christenson Corporation. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Rick Isham said a letter would be prepared for the Board's signature with their final written opinion. Before the Board was Consideration of Approval of the Consent Agenda. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 10 of 14 Pages Consent Agenda Items 9. Signature of an Amended Two-year Contract Extension with Aramark, Inc. for Correctional Facility Food Services 10. Signature of a Real Property Lease between Deschutes County and ALTRA LLC, for Building Space to House the La Pine Parole and Probation Office 11. Signature of Order No. 2002-063, Changing the Name of this Road named "Mountain View" (located near Fall River) to "Mountain View Court" 12. Signature of a Letter in Response to a Request for an Extension of a Code Enforcement Action (regarding an Illegal Dwelling) 13. Signature of Order No. 2002-076, Transferring Cash Among Various Funds in the Deschutes County Budget for Fiscal Year 2001-02 CONVENED AS THE GOVERNING BODY OF THE SUNRIVER (COUNTY) SERVICE DISTRICT 14. Before the Board was Consideration Signature of Letters of Appointments to the Sunriver (County) Service District Budget Committee for Fiscal Year 2002-2003 (Randy Egertson, Dave Setzer and Jim Wilson). Chair DeWolf stated that these appointments would be contingent upon election results being certified by the Clerk. Commissioner Luke said that during preparations for budget hearings, he contacted Gary Fiebick of the Sunriver Homeowners' Association and suggested that they might want to nominate people for this. They met on May 11 and selected these individuals. The appointees will need to meet tomorrow to approve the rate for the new district. They can be appointed on an interim basis or permanently. Chair DeWolf suggested that they be appointed throughout the upcoming budget process. LUKE: I move approval of these appointments. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 11 of 14 Pages Rick Isham said he would prepare a resolution for signature once their resident status if confirmed. LUKE: I move approval of this resolution, and withdraw the previous motion. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 15. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $4,963.92 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Signature of Resolution No. 2002- 043, Transferring Appropriations within Various Funds of the Deschutes County Extension/4-11 County Service District for Fiscal Year 2001-02, and Directing Entries. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 12 of 14 Pages 17. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amounts of $933.68 and $1,079.34 (Construction Fund) (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,372,921.92 (two weeks). LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Yes. DEWOLF: Chair votes yes. 19. Before the Board were Additions to the Agenda. A. Commissioner Luke introduced Kelley Jacobs, Dave Holmes, Bob Lacombe and Don Minney of the Juvenile Justice Department. He said that at a recent meeting of the Deschutes River Woods Homeowners' Association, they awarded a certificate of appreciation for the work the Juvenile Justice crew has done in regard to Project Impact's Fire Free Program. (Applause from the audience) B. Chair DeWolf said that he received a memo from Kevin Harrison regarding a fee waiver, and wondered why this was not done in a public process. George Read replied that sometimes these can be embarrassing to the people involved, as most of them are pleading financial hardship. Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 13 of 14 Pages Chair DeWolf stated that it is awkward for him to handle these by routing them; perhaps these could be addressed at the regular meeting of CDD and the Board. Mr. Read indicated that maybe in this case the Commissioners could be advised individually. C. A discussion then occurred about scheduling interviews of candidates for the three vacancies on the Planning Commission, which become open at the end of June. George Read said that they haven't received any interest from Sisters area citizens, so they would like the Board to interview for two of the positions and readvertise for the Sisters one. The original applicants were screened down to four candidates on the basis of experience. At this time, the Board adjourned into an emergency executive session. Chair DeWolf read a statement explaining the purpose of the session. (A copy is attached as Exhibit B) Being no further items brought before the Board, Chair DeWolf adjourned the regular meeting at 11:25 a.m. DATED this 22nd Day of May 2002 for the Deschutes County Board of Commissioners. Tom DeWol Chair 4 �- nnis R. Luke, Commissioner ATTEST: "WK is ael. Daly, ommissioner q;mua,�L- Recording Secretary Board of Commissioners' Meeting Minutes Wednesday, May 22, 2002 Page 14 of 14 Pages Memorandum of Understanding This Memorandum of Understanding (this "MOU") is entered into as of this _ day of 2002 by and among HIGH DESERT DEVELOPMENT COMPANY LLC, an Oregon limited liability company ("HIGH DESERT"), DESCHUTES COUNTY, a municipal corporation of the State of Oregon (the "County') and the UNITED STATES BUREAU OF LAND MANAGEMENT (the "BLM'). WHEREAS, High Desert has obtained County approval for a conceptual master plan (the "CMP Approval") for a destination resort to be located between Bend, Oregon and Redmond, Oregon (the "Resorf) and is now seeking Final Master Plan ("FMP") approval from the County for the Resort High Desert, the County and the BLM have been working cooperatively to identify the access roads to the Resort and for the public. WHEREAS, under the terms of the CMP Approval, the Resort shall obtain permanent primary and secondary access rights-of-way from the OLM across the surrounding BLM lands. The CMP Approval does not require final identification or construction of the permanent secondary access road until SODA of the dwellings in the Resort have been constricted. Further, the CMP recognizes that the County prefers a eonnectiou for emergency purposes between the permanent primary and secondary access roads, if and when established across BLM lands. The CMP decision also recognizes that the identification of a location for a permanent secondary access route and any connection to the primary access road may not be accomplished prior to the pr ooessing of the FMP request. Accordingly, the CMP decision recognizes that this MOU can serve to confirm the parties' intentions to continue to work cooperatively in the resolution of issues related to the long-term creeds ofthe public on BLM lands and to collabotntively address the requirements for the establishment of access for the Resort. WHEREAS, the BLM authorized right-of-way grants for the permanent primary access and a temporary emergency secondary access after issuance of an Environmental Assessment CEA"). The permanent primary access has been granted from the southeast portion of the Resort to Powell Butte Highway, along Road 6585-C. The tonpomry emergency secondary access has been granted from the northem portion of the Resort to Highway 126, along the existing Sheridan Road. WHEREAS, the BLM recognized in the EA that while it has no policy to provide a permanent secondary access, it is presently -participating in a collaborative process addressing growth and transportation planning issues In the vicinity of Redmond as part of the Oregon Governor's Community Solutions process involving the City of Redmond, the City of Bend, the County, and the Oregon Department of Transportation and is also reevaluating transportation needs on the public lands in the northern anew of the County during the development of the Upper Deschutes Resource Management Plan. The BLM, like the County, believes that these long -tern planning processes will provide comprehensive information and guidance on the need for transportation facilities in this area of the County. The BLM has received a significant number of requests for this area, including golf course relocation by the City of Redmond, access and utility right-of-way grants for the Resort, a 19th Street exumion request by the City of Redmond and ODOT, continued operations by the Oregon Military Department, etc. The BLM has determined that a collaborative effort, involving all affected agencies and the public, is the most appropriate method to evaluate the need for and location of additional transportation facilities, including access needs for the Resort. WHEREAS, all parties recognize that the location of a permanent secondary access and any connections is part of a multi -jurisdictional long-range planning process and that ongoing cooperation is necessary to properly accommodate the Resort's long-term access needs. and the access needs of the public to the surrounding BI'm lands. Any necessary tight -of -way or access permits for the permanent secondary access road and/or its connection point(s) are best considered in the context of this long-range planning process. Accordingly, the parties hereto agree as follows. 1. Cooperation: The parties shall continue to cooperate in good faith and use reasonable efforts in collaborative access planning that may include vacation of existing rights-of-way, use of existing rights-of-way, and/or consideration of new right-of-way proposals to best serve the public and the Resort in conformance with the ::ODMAIPCDOCSIPORTI,ANDI27203 $I7 64 (Cio, uk A CMP Approval and the objectives for federal lands managemeat by the BLM. 2. Notices: Any notice or other communication (collectively referred to as a ` Notice'l concerning this MOU or any matter arising in connection with this MOU shall be in writing and addressed to the other party at the address set forth below. Any Notice shall be given by first-class mail. Any party may change any address for the delivery of Notice to such party, by giving Notice in accordance with the provisions of this Section. The attorneys for the parties may give any Notice. 851 Fremont Avenue, Suite 103 If to High Desert: Los Altos, CA 94024 Attn: W. Tom Hix If to the County: If to BL.M: 3. Successors and Assittns: This MOU shall be binding upon and inrue to the benefit of the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, no patty shall have the right to assign its rights or obligations hereunder to any other person or entity without the written consent of all of the other parties hereto, which cortsant shall not be unreasonably withheld. 4. Entire Agn=e ct/Modifications: 'ibis MOU oonstitutes the entire agreement between and among the parties with respect to the subject matter havin contained and all prior negotiations, disoussions, writings and agreemat s between the parties with respect to the subject matter herein contained are superseded and of no further force and effect. This MOU cannot be amended or modified without a writing signed by all of the patties hereto. 5. Counterparts: This MOU may be signed in one or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute one and the same instrument. 6. Governing Law. This MOU shall be governed by and construed in accordance with federal law, and the laws of the State of Oregon, to the extant these laws are not inconsistent with federal law. "High Desert". HIGH DEVb� �LOP� CONWANY LCC, an O n limit ability cbm vim.--- "Cormty": : UDMAWDOCSU'0RMANM72038%7 �p-�-l- 'WKS COUNTY, OREGON By: Name: Title: "BLM": ::ODMA\ PCDOCS\PORTLAND\2T1o3817 UNITED STATES BUREAU OF LAND NUINAG ��., Name: Er G Tide: �'aCv��e Ln1 EXECUTIVE SESSION CAUTIONARY STATEMENT The Board of County Commissioners of Deschutes County, Oregon will now meet in executive session for the purpose of consulting with counsel concerning the legal rights and duties of the County with regard to current litigation or litigation likely to be filed. The executive session is held pursuant to ORS 192.660(1)(h), which allows the Commission to meet in executive session to discuss the County's legal options with respect to the Governor's selective allotment reductions and the cancellation of the County's intergovernmental agreement with the Oregon Youth Authority for the Community Youth Investment ProjectC.t t ann Il P L471 -A ` � 4"0�'S � `' Z ' ° 4-o Cert s i aer-- a e-ex7 vv -,14 1 4�u`p I # Y-, c.r , AAP, JJ1 Representatives of the news media and designated staff shall be allowed to attend the executive session. Representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced. The Board requests that any representative of the news media who believes that information disclosed in this executive session is not properly within the scope of the statutory authorization for the executive session, or was not specifically identified as information that is to be undisclosed, to please inform the Board that it has strayed from the specified subject or subjects to be discussed in the executive session or that the information is outside of the specified information to be undisclosed. No decision may be made in executive session. At the end of the executive session, the Board will adjourn to an open session if a decision is to be made. SALegal\Forms\County Forms\EXECUTIVE SESSION CAUTIONARY STATEMENT.doc