2004-766-Minutes for Meeting May 05,2004 Recorded 5/11/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 200JE766
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 05/11/2004 12;1;53 PM
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I 76dI IIII II III) II I II I I11111
2004-
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 59 2004
Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend
Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner
Tom DeWolf was out of the office. Also present were Tom Blust and Gary Judd,
Road Department; Jon Skidmore and Cathy White, Community Development;
Tammy Credicott, Property Management; Laurie Craghead, Legal Counsel; media
representative Chris Barker of the Bulletin; and five other citizens.
Chair Daly opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
DOUG FOSTER:
I have a question about a piece of property that the County purchased last year,
at 21395 Rickard Road. I would like to know what the County intends on doing
with the property, and why the County purchased the property.
MIKE DALY:
We are trying to give ourselves a buffer zone around the landfill. A lot of
neighbors out there are not real happy with the landfill, so when a property
comes up for sale we look at it, and sometimes purchase it if it is available. The
funds we use for this are reserve funds that are designated for future closure of
the landfill.
DENNIS LUKE:
One of the main reasons we purchased this one was for the irrigation water. At
the closure of the landfill, we plan to replant grasses and other vegetation, and
the really long-range plans may include activity fields. It would be helpful to
have irrigation water.
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 1 of 8 Pages
There have been a couple of proposals from departments regarding the use of
the property we bought that we have considered. We have no problem leasing
the property to someone. Property values are going up in Deschutes County,
and we have closure funds in reserves with which we can purchase real estate.
Upon closure of the landfill in the future, that land will be worth far more than
it cost the County.
We don't buy property just because it comes on the market. We evaluate it,
look at it, and if it is reasonably priced in the opinion of the County
Administrator, the Property Manager and the County's broker of record, we
then make a determination.
LAURIE CRAGHEAD:
I would like to remind the Board that any discussion regarding the landfill could
possibly be related to the upcoming appeal possibly being heard by the Board,
and therefore there may be some crossover areas that I would caution you
against, regarding ex parte contact. Especially because the Board made a
decision last week to not hear other citizen discussion prior to the public
hearing.
LUKE:
That was a specific piece of property, but is not zoned for landfill use. If your
question is whether the landfill will be extended across the road, the answer is no.
FOSTER:
That's not what I was getting at. As you said, in the future you may be using
that water for something else. This property is farm deferred, and is an EFU
piece of property. If you remove that water, that makes the farm deferral go
away. As far as those taxes go, do they just go away, or does the County pay
the back taxes?
LUKE:
The taxes are brought current at the time of the purchase. The County doesn't
pay property tax, and neither do other government entities. Sometime along the
way, eventually this property will be in the city limits of Bend, based on the
project population.
FOSTER:
Were the taxes paid along with the property?
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 2 of 8 Pages
LUKE:
The seller had to bring the taxes up to date.
FOSTER:
Did the $430,000 include payment of the taxes?
LUKE:
We can have you have to talk to our Property Manager about that; I'm not sure
how it was structured. If you don't get an answer, you can contact us again.
FOSTER:
Thank you.
No other citizen input was offered.
2. Before the Board was a Public Hearing for Remonstrances for the Oasis
Local Improvement District; and Consideration of Signature of Resolution
No. 2004-042, Directing Oasis Local Improvement District Improvements
to be Made by Contract.
Gary Judd said that no written remonstrances have been received
Chair Daly opened the public hearing.
Being no testimony offered, Chair Daly closed the public hearing.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
3. Before the Board was Consideration of Signature of Resolution No. 2004-
041, Declaring the County's Intent to Issue Obligations to Reimburse the
County for Certain Expenditures relating to the Oasis Local Improvement
District.
Commissioner Luke thanked Mr. Judd for his work with citizens on these
projects. Feedback has been very positive.
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 3 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of a Letter Appointing
Patrick Griffiths to the Deschutes River Mitigation & Enhancement
Committee, through May 5, 2007.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Decision on an Appeal of the Hearings Officer's
Decision Denying a Verification of a Non -conforming Use (Applicant:
Fleming).
Cathy White stated that the Board began deliberations last Wednesday on
whether a non -conforming use exists regarding this property. On that date
Commissioner Luke read a statement into the record regarding his opinions on
this issue. At the end of the meeting, the Board asked for verification from staff
of what constitutes the commercially used portion of the property. Staff has
followed up, and with the help of GIS maps have determined that this portion of
the property is about one acre.
A description of this portion of the property had been provided to the Board
earlier in the week. Ms. White verbally described the property as follows: it is
bounded to the east, south and west by the property lines; and is separated to the
north by the irrigated portion of the property, and consists of approximately one
acre.
It is all zoned MUA-10. What we're trying to do is identify how much of the
nearly five acre piece of property is a non -conforming use. It will remain
MUA-10; a non -conforming use says it doesn't comply. The applicant could
apply for a rezone, but there are questions as to whether an exception to Goal
14 would be required or even possible.
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 4 of 8 Pages
Commissioner Luke asked if the non -conforming use would go away if the
property were not used for 366 days. Ms. Craghead said that if it were not used
for the non -conforming commercial use, it would go away.
LUKE: Recommend approval of the non -conforming use of the indicated
area, based on the record and additional discussions with staff; and the
applicants' attorney is to write the initial draft of the findings for
review by County Counsel, followed by Board signature.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was Consideration of Signature of a Request for Partial
Reconveyance and an Appointment of a Successor Trustee Form regarding
Property Previously Sold by the County.
Tammy Credicott gave an overview of the breakdown of the value of the
property (a copy of which is attached as Exhibit B). The reconveyance would
leave the County with a sizeable cushion of value if the buyers defaulted.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$5,337.02.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 5 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,676.32.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $783,725.67.
LUKE: Move approval, plus any additions.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
10. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Signature of Letters Appointing
the Following People to the Mental Health, Alcohol and Drug Advisory
Board, through December 31, 2007:
Howard DenHartog, Sisters
Dolores Ellis, Bend
• Alison Lowe, Redmond
• Mary Martin, Bend,
• Jennifer McKague, Redmond
Leo Mottau, Bend
Beth Quinn, Bend
Liz Sabatella, Bend
Patricia Tabor, Bend
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 6 of 8 Pages
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
B. Before the Board was Discussion regarding a Draft of the Pelton Round
Butte Settlement Agreement.
Laurie Craghead explained that the Board had previously given her the
authority to sign this agreement when it is finalized. However, Mark Pilliod
has indicated that if there is a future dispute, this could mean a conflict of
interest. Therefore, it is felt that the Board Chair should be the one to sign
the document when it is scheduled to be finalized on July 13.
LUKE: Move Chair signature of the appropriate documents.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
C. Before the Board was Consideration of Signature of Resolution No.
2004-047, for the Annual Election of the National Forest Safety -Net
Title II and Title III Payment Allocations.
Tom Blust gave an overview of the resolution, which specifies the
percentage of funds that are distributed and then the breakdown of those
funds between Title II and Title III projects.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, the meeting adjourned at
10:45 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 7 of 8 Pages
DATED this 5th Day of May 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
i@aLL
Recording Secretary
Attachment
Exhibit A: Sign -in sheet (one page)
Dennis R. Luke, Commissioner
Tom DeWolf, Commissioner
Exhibit B: Spreadsheet regarding partial reconveyance of property located off
Dale Road previously sold to a private party by the County (one page)
Minutes of Board of Commissioners' Meeting Wednesday, May 5, 2004
Page 8 of 8 Pages
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Exhibit
Page / of
Dale Road Partial Release - Land Value/Principal Balance Comparison
Price Cost/Acre
Original Value of 80 -Acres (Sales Price) $ 595,000.00 $ 7,437.50
Value of Remaining 60 -Acres $ 446,250.00 $ 7,437.50
Principal Amount Financed 80 -Acres $ 505,750.00 $ 6,519.08
Value of 20 -Acres Being Released (120% of financed
cost per acre) $ 156,457.80 $ 7,822.89
Principal Balance Remaining on 60 -Acres $ 349,292.20 $ 5,821.55
Exhibit
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