2007-1494-Minutes for Meeting December 21,2005 Recorded 9/10/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 2QV1.1494
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 09/10/2007 12;45;22 PM
1111111111111111111111111111 III
2007-1494
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Deschutes County Clerk
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40 A
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ore
MINUTES OF PUBLIC MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, DECEMBER 21, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke and Bev Clarno; Commissioner
Michael M. Daly was out of the office. Also present were Mark Pilliod, Legal
Counsel; media representative Chris Barker of the Bulletin, and approximately 60
other citizens.
The purpose of the meeting was to conduct a public meeting regarding the possible
formation of a Community Forest Authority of Deschutes County in conjunction
with the potential purchase of a large tract of timberland located west of Bend by
Deschutes Basin Land Trust.
Commissioner Dennis Luke opened the meeting at 4:05 p.m.
Commissioner Luke read the opening statement. Regarding pre-hearing contacts,
bias, prejudgment or personal interest, none of the Commissioners had any to
disclose. There were no challenges from the audience as to bias, personal interest
or prejudgment.
Brad Chalfant explained the reason for the hearing, asked that testimony be kept
brief.
Commissioner Luke stated that there have been quite a few work sessions
conducted about this issue. He added that Legal Counsel will speak to any
possible legal ramifications, but it is his understanding that there is no obligation
on the County's part if this Authority is approved.
Mr. Chalfant said that he was not a part of the previous meetings, but since
Commissioner Luke was a legislator who introduced this issue in 2003, he is
obviously well versed in the matter.
Public Hearing regarding Community Forest Authority
Wednesday, December 21, 2005 Page 1 of 5 Pages
Mr. Chalfant stated that commercial timberland across the country is rapidly
leaving production. In the last legislative session, Representative Burley and
Senator Westlund introduced legislation, which was passed with bipartisan
support, allowing the creation of the Authority. This has had wide community
support, as evidenced by attendance at the hearing. The Land Trust sees an
opportunity to put this together, and it is believed that all of the previous concerns
have been addressed. This was presented to the cities of Bend and Sisters.
Commissioner Daly had asked if this would impact city expansions; their planners
have indicated it would not. The cities unanimously support this action. There is
broad-based community support, and the Commissioners are urged to help move
this forward.
Mark Pilliod noted that the Board is not being asked to authorize any debt
instruments or financial obligations in any respect. If a Community Forest
Authority is established, it will have authority independent of the County to issue
those instruments consistent with any plan they develop. The County is being
asked to simply establish the Authority. The entity acquiring the revenue bonds
will be satisfied that payments will be made to the debt service. If there is a
failure to make the debt service obligations, this will not default to the County or
State.
A resolution is being presented for Board consideration that does contain a
reference at the end of Section 5 which obligates the authority to return to the
Board if it moves forward with a bond issue prior to doing so. This gives the
County an opportunity to obtain advice from the financing community as to
whether the issuance of this obligation would affect the County's bond rating.
They won't issue an opinion in abstract, so it has to wait until the debt instruments
are developed. Even if there is a lingering concern directed at the County, the
County would still have the fallback position to request an opinion regarding the
bond rating.
Commissioner Luke asked for an explanation, for the record, of how bond counsel
and general counsel differ. Mr. Pilliod replied that bond counsel is a specialty type
of legal advisor, specially trained in regard to bond issues, and recognized in the
State of Oregon and throughout the County. Its opinion is given a great deal more
weight than the advice of legal counsel, who is not bond counsel. When the
County is contemplating a bond issue, it routinely retains bond counsel to review
the appropriate documents.
Public Hearing regarding Community Forest Authority
Wednesday, December 21, 2005 Page 2 of 5 Pages
Commissioner Luke added that there was a hospital authority in place for a long
time, which did a series of bond issues. Once the authority is established, they can
choose to go to the cities instead of the County. Mr. Pilliod observed that because
the property in question is outside the city limits, they must go to the County.
Mr. Chalfant said that he believes statute requires County approval.
Commissioner Luke asked for any opponents to the Authority to come forward to
testify.
Jared Black, 3310 NW Panorama, Bend, testified that a serious flawed piece of
legislation formed this Authority. He said that it is too vague in regard to bonding.
Another section says that revenue bonds and obligations are not subject to the
approval of electors, which means the voters have no say. He added that there is a
violation of the Constitution regarding limiting the power of the County and city to
assist corporations; he feels that forming a partnership with a private entity is not
constitutional. Representatives of the trust have indicated it will cost about $30
million, and the value of the timber is about $500,000 a year. This would generate
only about $165,000 per year if it is harvested every year. They can't harvest at
this rate, so it is hard to know how they will pay for it.
He added that Measure 37 passed by 61%, which indicates Oregon voters are tired
of central planning on land use. He said he doesn't mind the Skyline Forest, but
doesn't want them using public funding. They need to raise their own money.
Commissioner Luke stated that the property is zoned F-1, which allows very
limited development. He added that this is not a partnership, and there is no
obligation for the County to pay these bonds.
Mr. Pilliod stated that the County's full faith and credit is not an issue; the County
is neither a partner nor a shareholder and are not loaning anything. Since this
would not be a general obligation bond, no voter approval is needed. The issuing
entity would investigate and make sure the debt service can be made. The bonds
would be municipal and tax-free.
Commissioner Luke added that the Authority would need a business plan and some
reassurance from bond counsel that they can pay the debt. If there is no revenue
stream identified, investors won't buy the bonds.
No further opposition was offered.
Public Hearing regarding Community Forest Authority
Wednesday, December 21, 2005 Page 3 of 5 Pages
Commissioner Luke noted that there is a long list of proponents who signed up to
testify.
Stephen Fitzgerald, with the OSU Extension Service, read a statement in support of
the issue.
Kris Kringle (a man dressed in a Santa outfit) testified in support of the issue.
John Schell, Ruth Williamson, Kim McCarral, Phil Coshan, Kelly Smith, John
Gill, Mike Smith and Debbie Griffith, a legislative assistant to Representative
Burley, testified as well. Their written statements, if any, are attached, along with
other written statements.
Brad Chalfant thanked the members of the audience and the Board for their input.
The Commissioners indicated that the letters and e-mails they have received have
been positive, and there seems to be strong local support.
CLARNO: Move approval of signature of Resolution No. 2005-147, creating the
Community Forest Authority in Deschutes County.
LUKE: Second.
VOTE: CLARNO: Yes.
DALY: (Absent).
LUKE: Chair votes yes.
Commissioner Luke stated that if possible, he would like to sit on this group.
CLARNO: Move approval of Commissioner Luke participating on the Authority.
LUKE: Second.
VOTE: CLARNO: Yes.
DALY: (Absent).
LUKE: Chair votes yes.
Being no further discussion, the meeting adjourned at S: OS p.m.
Public Hearing regarding Community Forest Authority
Wednesday, December 21, 2005 Page 4 of 5 Pages
DATED this 21St Day of December 2005 for the Deschutes County
Board of Commissioners.
A-0; 4 a
K40 ael M. Da y, Vi e Chair
nnis R. Luk , Co issioner
vet
Bev Clarno, Commissioner
ATTEST:
Recording Secretary
Public Hearing regarding Community Forest Authority
Wednesday, December 21, 2005 Page 5 of 5 Pages
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REVIEWED
LEGAL CO SEL
BEFORE THE BOARD OF COUNTY COMNIISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Creating the Community Forest
Authority of Deschutes County, Oregon * RESOLUTION NO. 2005-147
WHEREAS, upon submission of a citizen's petition that included approximately 2600
signatures, the Board of County Commissioners of Deschutes County, Oregon, caused notice of a
public hearing, as set forth in Exhibit "A", attached hereto and by this reference incorporated herein, to
be published in the "Bulletin" to determine the advisability of creating a public authority for the
purpose of financing community forestlands; and
WHEREAS, the notice of public hearing was published in the Bulletin on December 7, 2005;
and
WHEREAS, the public hearing was duly held before the Board on the 215 day of December,
2005, and all persons stating a desire to be heard at such hearing in connection with the proposed
creation of the authority did appear and were heard; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. Declaration of Public Need. After due consideration, the Board of County
Commissioners of Deschutes County, Oregon, deems it necessary and desirable to create a public
authority for the purpose of providing the people of Deschutes County and the State of Oregon with
renewable commercial forest resources that promote community stability and sound conservation
practices.
Section 2. Creation of the Community Forest AuthoritX. There is hereby created, pursuant
to 2005 Or. laws Chapter 500 (HB 2729), a public authority to be known as "The Community Forest
Authority of Deschutes County, Oregon".
Section 3. Board of Directors; Composition; Terms. The Community Forest Authority
shall be managed and controlled by a Board of Directors composed of five members, appointed by the
Deschutes County Commission. Two of the Board Members shall represent conservation interests,
while two of the Board Members shall represent business interests, with the fifth Board Member being
a currently sitting County Commissioner of Deschutes County, Oregon. The terms of office of the
Board Members of the Community Forest Authority shall be four years. Any vacancy on the Board of
Directors shall be filled by the Board of County Commissioners. The members of the Board shall
receive no compensation other than reimbursement for any out of pocket expenses and shall serve and
continue in office at the pleasure of the Board of County Commissioners.
Page 1 of 2 - Resolution No. 2005-147 (12/21/05)
Section 4. Powers and Duties of the Board of Directors. The Board of Directors shall have
all those powers and duties granted to them under the provision of 2005 Or. laws Chapter 500 (HB
2729), as it may be amended in the future. The Board of the Community Forest Authority may adopt
bylaws for conducting its business. The Community Forest Authority shall not have the power to levy
taxes, obligate Deschutes County, Oregon or to hold or operate any Community Forestlands.
Section 5. Obligations of the County. Revenue bonds or other revenue obligations which
may be issued hereafter by the Authority shall not be obligations of Deschutes County nor a charge
upon the tax revenues of the County. The creation of the Community Forest Authority shall not render
the County liable for any expense or obligations of the Community Forest Authority. Prior to the
Community Forest Authority's first issuance of revenue bonds or other obligations, the Community
Forest Authority shall meet with the Board of County Commissioners and provide reasonable
assurances to the Board of County Commissioners that the proposed issuance of revenue bonds or
other revenue obligations shall not have a detrimental impact on the bond rating of Deschutes County.
DATED this 21St day of December, 2005
ATTEST:
U - -
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
- A~4t~ -
MICH DALY, Vice Chair
~t
15ENNIS R. LUKE, C mmissioner
BEV CL~LRN0, Commissioner
Page 2 of 2 - Resolution No. 2005-147 (12/21/05)
Affidavit of Publication
STATE OF OREGON, COUNTY OF DESCHUTES
I, LAURIE MORIN, a citizen of the United states and a
resident of the county aforesaid; I am over the age of
eighteen years, and not patty to or interested in the
above-entitled matter. I am the principal clerk of the printer
of
The Bulletin
a daily newspaper of general circulation, published in the
aforesaid county and state as defined by ORS 193.010 and
ORS 193.020.
that DESCHUTES COUNTY LEGAL DEPARTMENT,
NOTICE OF PUBLIC HEARING BY THE BOARD OF
COUNTY COMMISSIONERS a printed copy of which is
hereto affixed was published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to wit:
12/07/2005
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Bend, Oregon, this 9 day of DECEMBER, 2005
TY `m
Signature
tir notice to be pasted here)
NOTAP"' PUBL
~.;0lv~MISSiON
rrn:.. ~ n~nr~
No.
In the
Court of the
STATE OF OREGON
forthe
COUNTY OF DESCHUTES
AFFIDAVIT OF PUBLICATION
Filed
Gerk
By
Deputy.
From the Office of
Attorney for
EXHIBIT ri
I
DESCHUTES BASIN LAND TRUST
Skyline Forest Facts
• Large blocks of commercial timberland are rapidly being converted from timber
production to residential development here in Oregon and across the Northwest.
• The 33,000 acre Bull Springs Tree Farm is our scenic view, it's home to one of
Oregon's largest Mule deer herds, it's an important timber resource and can
provide the hiking, biking and horse trails that we'll need as we continue to grow.
• The Bull Springs Tree Farm can be expected to come on the market in the near
fixture, which poses great questions for the wildlife, scenic views, recreation and
timber jobs that this property provides.
• The Deschutes Basin Land Trust seeks to insure that the Bull Springs Tree Farm
continues to be available to our community as Skyline Forest, a sustainably
harvested Community Forest.
• Thanks to the legislation sponsored by Representative Chuck Burley, the Land
Trust is asking the Deschutes County Commissioners to consider forming a
Community Forest Authority to help create the Skyline Forest.
• Skyline Forest will be unique, as it combines jobs, wildlife, recreation and
scenic views, all of which are vital to the future livability of Oregon's fastest
growing region.
Fitzgerald's Comments on the Skyline Forest Proposal
My name is Stephen Fitzgerald. I'm the Extension Silviculture and
Wildland Fire Education Specialist with the Oregon State University
Extension Forestry Program.
I'd like to make a few comments regarding the Skyline Forest
proposal by the Deschutes Basin Land Trust and creating the local
Community Forest Authority to make this happen.
The issue of maintaining working forests is an important issue to us
locally and to the state of Oregon. Over the last decade or so, I have
seen large blocks of forest land sold, logged, and resold, often with
little merchantable timber left to provide sustainable income to the
new owner or local communities. Often times the new owners of the
cut-over land have deep financial pockets, so timber income is not
always essential to them in the short run. They have bought these
lands, perhaps, to speculate for potential development.
This can have many negative effects including:
• loss of future timber harvest because these parcels have often
been over cut - called "highgrading"-- and it takes a long time
to rebuild the forest growing stock on the land;
• increase opportunity for wildfire ignitions if the land is
subdivided and homes placed on the land;
• if developed for rural home sites, increased fire-fighting costs to
protect homes in the wildland-urban interface;
• fragmentation of forest and important wildlife habitat;
• impacts to water and watersheds;
• and, generally, a reduction in overall future management
because when large blocks of forest land are broken up and
sold into smaller parcels, the new landowners are less likely to
actively manage it because new owners often view it as their
own preserve or get away, not recognizing that forests grow
and change over time and can become susceptible to insects,
disease and wildfire without some form of active management.
I formerly served on the Governor's Eastside Forest Advisory Panel,
along with Representative Chuck Burley, author of the House Bill
2729 that allows for the creation of Community Forest Authorities.
The topic of maintaining "working forests" was one that often came
before us; it was one we wrestled with but could never came to any
agreement on what the solution should be. I think the enabling
legislation by Representative Burley is a solution, in part, to this
dilemma and provides an opportunity for communities to get actively
involve and have a stake in forests that adjacent to their communities.
So what are the benefits? The Skyline Forest proposal has several
benefits in my view:
• It would maintain a large block of working forests. That is, the
site would need to be managed and harvest conducted to pay
the debt. This provides timber, jobs, and income to the local
community. (At a growth rate of 100 board feet per acre per
year, I estimate that the forest, in the long run, could produce
3.3 million board feet annually, maybe more; although timber
harvests would be initially lower than this figure to allow for the
growing stock to rebuild over time.)
• Active management would help preserve the health of the
forest and minimize the potential for wildfire.
• It would prevent the urbanization of forest land and stop the
steady creep of the wildland-urban interface and avoid the
added cost of protecting structures out there.
• It would prevent the fragmentation of this large block of
forestland so as to maintain it for important and effective wildlife
habitat and protect watershed values.
• Provide opportunities for community recreation in a well
managed "working forest."
• There are abundant opportunities for community education on
environmental issues for the public and school children as well
a unique opportunity to conduct research on sustainable forest
management.
• It will serve as a model or showpiece, if you will, of a
sustainable community forest - sustaining not just timber, but
all values from the land.
Finally, that people move to central Oregon because of the
environment and how that environment - the rivers, mountains, and
forests- contribute to our quality of life. And given the surge in
widespread development in central Oregon in the last decade, I see
the Skyline Forest proposal as essential for sustaining that quality of
life for generations to come while preserving a little of past.
Thank you.
CHUCK BURLEY
State Representative
DISTRICT 54
HOUSE OF REPRESENTATIVES
Board of Commissioners
Deschutes County
Hearing on Community Forest Authority
December 21, 2005
Mr. Chair, Commissioners, I am sorry I am not able to appear in person to present this testimony.
The legislation, HB 2729, that allows municipalities to establish a Community Forest Authority
passed the House unanimously and the Senate with a 25-4 vote. The overwhelming bi-partisan
support for this bill that I co-sponsored with Senator Westlund and Representative Whisnant
demonstrates how strongly it reflects the core values of many Oregonians and particularly those
of us so fortunate to live in Central Oregon.
I will not go into detail since much of this discussion has already occurred and there are others
here tonight that can address that.
Instead, I would like to explain what precipitated this bill. As you know the forest products
industry has undergone significant changes over the past fifteen years or more in Oregon: much
of which is due to changing Federal forest policies.
But as a result, in the past few years we have seen two of the largest industrial forest landowners
in Eastern Oregon change hands leaving the future of large blocks of working forestlands in
question.
In a report last year titled "Land-Use Change on Non-Federal Land in Eastern Oregon", the
Department of Forestry reported some startling statistics:
o Since 1975, in Central Oregon, the area of low-density residential uses increased by
86% and the urban area by 137%, and
o The highest rates of change in dominant land use over the past 26 years has occurred
in Central Oregon and Klamath County
In addition, in June, the U.S. Forest Service released a report that shows nationwide the impacts
of development on America's private forests. According to that report, our nation is losing 4,000
acres every day or 3 acres per minute to development. It suggests that by 2030 housing density
will increase substantially on more than 44 million acres or 11 percent of private forest land, an
area greater in size than New England.
Office: 900 Court St NE H-492, Salem, OR 97301 - Phone: 503-986-1454 - Fax: 503-986-1317 - rep.chuckburley@state.or.us
District: P.O. Box 9424, Bend, OR 97708 - Phone: 541-480-8007
4
CHUCK BURLEY
State Representative
DISTRICT 54
HOUSE OF REPRESENTATIVES
Recently, we've seen several large blocks of industrial forestland in Central and eastern Oregon
bought by private interests and for all intents and purposes, taken out of a working forest
scenario.
Now, make no mistake, I would prefer these lands remain in private industrial ownership. But
the development potential of some of these lands may lead to a different outcome.
The nearly 33,000-acre Bull Springs Tree Farm, also known as Skyline Forest, located west of
Bend just past Shevlin Park is an example of a block of working forest with an uncertain future.
It is surrounded on roughly three sides by federal land and is key winter range for mule deer. It
was owned by Crown Pacific before they went bankrupt at which time it reverted back to
Crown's creditors. The future of this property is unknown but it is almost certainly going to be
sold.
But due to this bipartisan legislation, the people of Deschutes County have an option to keep this
property intact as a working forest providing clean water, clean air, wildlife habitat, public
access, and forest products. The Deschutes Basin Land Trust is working to utilize this new law
that will protect the Tree Farm and transform it into a beautiful working forest, a legacy for
future generations.
In order for this effort to work, however, a municipality must agree that there is a valid public
purpose that justifies establishing a Community Forest Authority. I believe a valid public
purpose exists and I trust after tonight's testimony, you will agree.
The Community Forest Authority presents a unique and innovative opportunity to implement
what we in Central Oregon support: good stewardship, sustainable management of our renewable
resources, wildlife habitat, clean air and water, and public access.
Oregon's forests are one of our state's greatest heritages. Our forestlands provide clean water,
clean air, wildlife habitat, recreational opportunities, and commodity products. We must pursue
every option to ensure that our state's forestlands continue to be working forests to provide a
multitude of public benefits for future generations. The Community Forest Authority Act
provides us one more option to achieve this goal.
Mr. Chair, Commissioners-please support this effort by establishing a Community Forest
Authority to allow this opportunity to keep the Skyline Forest as a working forest. This action
would not guarantee a successful bid for the property, but without your support the opportunity
to even submit a bid will be closed.
Thank you for your consideration of this testimony and your hours of work on this matter.
Office: 900 Court St NE H-492, Salem, OR 97301 - Phone: 503-986-1454 - Fax: 503-986-1317 - rep.chuckburley@state.or.us
District: P.O. Box 9424, Bend, OR 97708 - Phone: 541-480-8007
1*
Page 1 of 1
Bonnie Baker
From: McCarrel, Kim [Kim_McCarrel@lnvesco.com]
Sent: Thursday, December 22, 2005 9:36 AM
To: Bonnie Baker
Subject: Skyline Forest presentation
Bonnie, here are my prepared remarks for the hearing last night. If you have any trouble opening the file, please let me know.
Thanks!
Kim
Confidentiality Note: The information contained in this message, and any
attachments, may contain confidential and/or privileged material. It is intended
solely for the person or entity to which it is addressed. Any review,
retransmission, dissemination, or taking of any action in reliance upon this
information by persons or entities other than the intended recipient is
prohibited. If you received this in error, please contact the sender and delete
the material from any computer.
12/23/2005
Forest Authority Hearing
Deschutes County Commission
December 21, 2005
Comments by: Kim McCarrel
7507 SE 28th Ave.
Portland, OR 97202
My name is Kim McCarrel, and I'm here today to talk about the recreational aspects of
Skyline Forest.
My husband and I live and work in Portland. But we own properties here. We spend our
weekends and vacations here. My horse is boarded here. And I go trail riding here every
weekend unless the snow is too deep.
I wrote a book on the equestrian trails of Central Oregon, which was published last year
by Sun Publishing. The book covers all 11 regions of Central Oregon where there are
good horse trails, including the area right around Bend. We are so lucky here to be able
to ride in areas like Dry Canyon and Cline Buttes that are so close to town. But the jewel
in the crown for horseback riders is Tumalo Reservoir. It's described in my book on
page 40.
I ride at Tumalo Reservoir - what will hopefully soon become Skyline Forest - 15 or 20
times a year. With hundreds of miles of trails and roads, mountain views, and lovely
forest, it's a fabulous place to ride. On any a weekend day when there isn't a ton of snow
on the ground, you'll find 10 or 15 horse trailers parked at the end of Tumalo Reservoir
Road (the easiest access point for us to Skyline Forest), and you'll see that trailers come
and go all day long.
Because the Forest is so close to town, people can drive over and ride after work in the
summer. We can ride there in the winter and spring when the high country is still
blanketed with snow. And even in summer, when we don't have time for a day-long trip
to the Cascades, we can still get in a nice ride at Skyline Forest.
Because of my book I've done a number of presentations at local riding clubs. When I
mention the Tumalo Reservoir trails, I always ask for a show of hands to see how many
people have ridden there. I've never found a rider in Central Oregon who hasn't ridden
there. So clearly, the area is very popular with local riders, and we feel very lucky to
have it.
According to the US Department of Agriculture's 2002 census, there are nearly 6,000
horses in Deschutes County. Those horses don't vote, but their owners do. And if they
had the opportunity, they would all vote Yes for the creation of the Forest Authority to
preserve Skyline Forest.
In my view, Skyline Forest is all about maintaining recreational opportunities for current
and future Central Oregonians. Skyline Forest is enjoyed year round by hikers, mountain
bikers, snowshoers, cross-country skiers, and obviously horseback riders. We want to be
able to continue to enjoy this beautiful area.
Skyline Forest is also about maintaining the quality of life Central Oregon is known for.
Whether not all Deschutes County residents use it, they ALL look at it. Skyline Forest
will preserve the spectacular mountain views and edge-of-the-forest feeling that make
Deschutes County so special. And when you want to "get away" and commune with
Mother Nature, Skyline Forest will be right on your doorstep.
Skyline Forest is good for Deschutes County residents, for timber mills, for wildlife, for
everybody. Unlike many land-use decisions, this one is not contentious. You don't have
two groups of polarized citizens shouting at you that their point of view is the one that
should prevail. Practically everyone agrees that this is a GREAT idea.
Oregon has a rich history of innovative land-use decisions that have enhanced the quality
of life for Oregonians, and the proposal to create Skyline Forest is in keeping with this
Oregon tradition.
The Commission has a once-in-a-lifetime opportunity to create a living legacy that will
be appreciated and enjoyed for generations to come. Please support the creation of the
Forest Authority. It's the right thing to do.
Thank you.
City of Sisters
December 15, 2005
Brad Chalfant
Deschutes Basin Land Trust
760 NW Harriman, Ste 100
Bend, OR 97759
Dear Brad,
The City of Sisters conceptually supports the efforts of the Deschutes Basin Land Trust to explore the
new Community Forest Authority Act as a means of acquiring the former Crown Pacific land
holdings and create the new Skyline Forest. There are still many questions to be answered about this
proposal, but it seems to be a sound way to preserve working forest lands, be a model for sustainable
forestry practices, and preserve public open space and recreational opportunities.
In the Council presentation this morning, the Council asked to be kept informed of further progress as
this proposal unfolds. However, please convey the City's support as you approach the Board of
County Commissioners to invoke the creation of this authority.
Sincerely,
M. David Elliott
Mayor
150 N. Fir Street m P. O. Box 39, Sisters, OR 97759 m (541) 549-6022 m Fax (541) 549-0561
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rC8 Saturday, November 5, 2005 • THE BULLETIN
EDITORIALS
Law may prese
By Chuck Burley There a
Bulletin guest columnist 1
T here is a piece of land over 30,000
acres located west of Bend just
past Shevlin Park. It is surround-
ed on roughly three sides by federal
land and is key winter range for mule
deer. Known asxhe Bull Springs Tree
Farm, it was owned by Crown Pacific
before they went bankrupt, at which
time it reverted back to Crown's credi-
tors. The future of this property is un-
known but it is likely it will be sold.
Now, due to a bipartisan piece of legis-
lation I introduced along with Rep. Gene
Whisnant and Sen. Ben Westlund called
the Community Forest Authority Bill,
the people of Deschutes County have an
option to keep this property intact as a
working forest providing clean water,
clean air, wildlife habitat, public access
and forest products. The Deschutes
Basin Land Trust is working to utilize
this new law that will protect the tree
farm and transform it into a beautiful
working forest, a legacy for future gen-
erations.
The forest authority legislation allows
a municipality to create an authority
that would issue revenue bonds on be-
half of a private, nonprofit corporation.
The nonprofit would use the bonds to
purchase the land. The law requires the
land to be permanently managed as a
commercial forest providing not only
forest products but also those values
listed above that we in Central Oregon
care so much about. Money generated
from the sale of forest products from the
land would pay off the debt on the land,
rve working forests
re misperceptions about this
aw, and I spent a good deal of time
meeting with fellow legislators and in-
terest groups to help them understand
what it does. The law does not mandate
anything, nor does it result in more land
in public ownership or any public debt.
It simply provides the opportunity for
local ownership and local control of
large blocks of working forestland.
The authority is modeled after the
hospital financing authority under
which many hospitals have been built.
These hospitals are owned by private
nonprofit corporations that pay off the
bonds with revenue generated by the
hospital.
What prompted this new law? Re-
cently, large tracts of private working
forestland, 30,000 or 40,000 acres in
size, in Central and Eastern Oregon
have been purchased with public ac-
cess blocked, wildlife habitat compro-
mised and for all intents and purposes
taken out of production as working
forests.
I would prefer these forestlands re-
main in private industrial ownership.
But the development potential of some
of them may lead to different outcomes.
I certainly do not oppose private party
transactions, but I would prefer to see a
contiguous tract such as this kept intact
and in a working forest condition. The
new community forest authority law
provides an option to do this.
It's a unique concept and can be diffi-
cult to understand. Nevertheless, the bill
passed with overwhelming support by
legislators across Oregon. It passed the
In My View Policy
n My View submissions should be
between 600 and 800 words,
signed and include the writer's
phone number and address for
verification. We edit submissions
for brevity, grammar, taste and
legal reasons. We reject those
published elsewhere.
WRITE: In My View
P.O. Box 6020
Bend, OR 97708,
FAX: 385-5804
E-MAIL: bulletin@bendbulletin.com
House unanimously and the Senate 25 to
4. Legislators from Eugene and Beaver-
ton signed on to co-sponsor this bill. Re-
publican and Democrat, rural and urban
legislators alike understand the impor-
tance of this law for communities where
working forests remain an important
component of the social and economic
fabric.
The community forest authority is a
unique opportunity to implement what
we in Central Oregon support: good
stewardship, sustainable management
of our renewable resources, wildlife
habitat, clean air and water, and public
access.
State Rep. Chuck Burley repre-
sents House District 54, which in-
cludes the city of Bend and Deschutes
River Woods.
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Letters tothe Editor...
The Nugget welcomes contributions from- its readers, which must include the writer's name, address
and phone number. Letters to the Editor is an openforumfor the community and contains unsolicited _
opinions not necessarily shared by the Editor. The Nugget reserves the right to edit, omit, respond or
ask for a response to letters submitted-to the Editor. Letters should be no longer than 300 words.
Unpublished items are not acknowledged ar returned. The deadline for all letters is noon Monday.
To the Editor:
The Deschutes Basin Land Trust (DBLT)
recently announced it will attempt to acquire
the 33,000 acre Bull Springs Tree Farm, now
dubbed-the Skyline Forest, via the creation of
a Community Forest Authority permitted by a
new law passed overwhelmingly by the Ore-
gon legislature.
This parcel consists of the foothill forests
stretching from near Shevlin Park to within
four miles of Sisters. This purchase is a rare
win-win situation in that it would retain the
scenic views, recreation and wildlife, while the
revenues from sustainable forestry would help
provide jobs, pay property taxes, and retire the
bonds issued to acquire the property. Taxpay-
ers would not be responsible for payments on
the bonds.
Even the environmentalists and the timber
industry are on the same side of the fence on
this one.
So, what's not to like? Well, it may not
happen]
Remember, this land has been in private
hands since the U.S. Forest Service traded it
to the now-bankrupt Crown Pacific Ltd.; now
those hands belong to the creditors' holding
company which can sell this massive tract to
the highest bidder.
Some of the possibilities are dismal with
the worst-case scenario too ugly to contem-
plate. It could be sold to an entity that would
cut the timber and flip the land, or to a deep-
pockets developer that may result in a destina-
tion resort or sprawl and rooftops high into the
foothills - goodbye cherished views.
What can you do to help preserve this
forested link between Bend and Sisters?
A showing of broad public support would
greatly assist DBLT to make Rep. Chuck
Burley's vision become a reality. You can
sign a petition online to the county com-
missioners or download and print one at
www.skylineforest.org.
Further information is available at www.
deschuteslandtrust.org where under "maps"
you can left-click to enlarge an aerial photo
with a property boundary overlay; this one is a
real eye-opener.
The stakes are far too high to fumble this
opportunity.
Don McCartney
See LETTERS on page 16
rCi6 Saturday, August 27, 2005 • THE BULLETIN
EDITORIALS
Help send a message
to preserve tree farm
There is no Skyline Forest
today, though there will
be one soon if the folks at
the Deschutes Basin
Land Trust and others
have their way. They
want to create the first community
forest authority allowed under Ore-
gon law and purchase the old Bull
Springs Tree Farm from the creditors
of Crown Pacific. First, though, they
want to show the Deschutes County
Commission, which must create the
authority, that support for their dream
is broad.
That's where ordinary citizens
come in. The Save Skyline Forest
Committee hopes to collect thousands
of signatures in the next couple of
weeks to present to the county com-
mission as a demonstration of that
support. The committee has a Web
site, www.skylineforest.org,-at which
those interested may sign petitions or
print petitions of their own if they
wish to help gather signatures.
If the county creates the authority,
and if Crown's creditors are willing to
sell, the forest authority will issue tax-
exempt municipal bonds that the Des-
chutes Basin Land Trust will use to
purchase the 33,000-acre parcel that
sits between Shevhn Park and Sisters.
The trust then will manage the
land as the forest authority law re-
quires. That means it must log the
property, though judiciously. The
money thus raised will go to retire the
bonds issued to purchase the land. It
also means that logging, once an inte-
gral part of most communities in Cen-
tral Oregon, will remain part of the re-
gion, a living history of sorts.
. The land trust has a proven track
record of managing its lands well.
More important, its leaders believe
that keeping those who live here in
touch with our past is worthy of some
considerable effort. That's exactly
what it hopes to do when it creates the
Skyline Forest.
It must begin the process at the be-
ginning, however, and for this project,
that means by asking the county com-
mission to create a forest authority.
The Save Skyline Forest Committee
hopes to help that effort with its peti-
tions, but time is short. They want to
give the petition to the land trust by
Sept. 9, and unless those interested
step up and sign, the committee's ef-
fort will not be worth much.
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MONDAY, AUGUST 1, 2005 • THE BULLETIN
EDITORIALS
So much for labels
Rep. Chuck Burley, who's com-
pleting his first legislative ses-
sion, is living proof of the in-
adequacy of labels. During Burley's
run for office last year, his oppo-
nents hammered him time and again
for being a "timber lobbyist," the im-
plication being that he'd yank a
chain saw from his policy hat the
moment he got to Salem and start
hacking away at anything with
roots.
Well, he has devoted a great deal
of attention to trees, but not in the
way many of the labelers expected.
Burley was the driving force behind
legislation allowing the creation of
"community forest authorities,"
which in legislatese are "instrumen-
talities" set up to prevent private
forestland from being chopped up
and taken out of production. A forest
authority, authorized by the relevant
local government entity, can buy pri-
vate forestland using relatively low-
cost municipal bonds and pay off the
debt eventually by harvesting trees.
Presumably, the availability of wood
will benefit sawmills, and the reten-
tion of productive forestland will pre-
serve for the public some of the val-
ues that gave rise to the state's land-
use system.
Burley's bill was signed into law
only weeks ago, but it's beginning to
have its intended effect. The nonprof-
it Deschutes Basin Land Trust, which
has conserved thousands of acres in
the Deschutes River Basin, including
the many along the unique Metolius
River, wants to use the forest-author-
ity law to buy the Bull Springs Tree
Nursery. The nursery is a huge
chunk of private forestland stretch-
ing between Bend and Sisters, and
it's expected to be sold soon. Absent
preservation by a group like the De-
schutes Basin Land Trust, it could be
chopped up into smaller parcels and
sold off.
So, sure, call Burley Rep. Chain
Saw if you want to. But if keeping pri-
vate forestland intact and in produc-
tion is what so-called timber lobbyists
do when they get to the Legislature,
maybe we ought to elect more of
them..
It should be noted that Burley isn't
the only Central Oregon legislator
who's proven tough to pigeonhole. On
that score, it's hard to match Sen. Ben
Westlund, a Republican who gives fits
to people on both ideological poles.
Westlund, remember, managed Kevin
Mannix's gubernatorial campaign
and supported Ballot Measure 36,
which barred gay marriage. But
Westlund is also a zealous believer in
the need for a state sales tax and a
sponsor of civil-union legislation. For
his latter role, Westland was called on
the carpet this spring by the De-
schutes.County Republican Central
Committee.
We guess that's what happens to
political moderates these days. That's
too bad. What Oregon needs is more
elected officials who resist convenient
labels, not fewer.
rCS Thursday, June 30, 2005 • THE BULLETIN
EDITORIALS
Not bad for a first try
Bend's Chuck Burley was among
the newest of lawmakers when
the Legislature convened at the
first of the year. Yet in just over six
months, the District 54 Republican
has demonstrated an ability to make
the system work, not only for his own
constituents but for others around the
state.
That became clear this week
when the Senate gave final approved
to House Bill 2729, a Burley creation
that will allow local governments to
create Community Forest Authorities,
which could use tax-exempt munici-
pal bonds to purchase large tracts of
privately owned timberland as they
come on the market. The bill is aimed
at keeping forestland in production,
rather than having it gobbled up by
developers and turned into large-lot
subdivisions or destination resorts.
There's a real need for the mea-
sure, as Burley was able to demon-
strate to his legislative fellows.
The Bull Springs Tree Farm north-
west of Bend could easily be carved
up, and the recent sale of the Longbell
tree farm in Klamath County could
have well gone for commercial devel-
opment.
Jeld-Wen, the ultimate purchaser
of the Longbell property, will contin-
ue to harvest its trees as a source of
The bill is aimed at
keeping forest land in
production.
raw materials for the company's door
and window manufacturing interests.
Burley did have to overcome some
opposition to the bill. John Day Sen.
Ted Ferrioli was opposed because the
measure does not specifically require
that the timber purchased ever be har-
vested. Yet, as Burley notes, if munici-
pal bonds are to be used to purchase
the land they must be paid off and
harvesting timber is the best way to
come up with the money to do that.
He had the good luck to be helped
along the way by Democratic Rep.
Mark Hass and Tumalo's Sen. Ben
Westlund, which did not hurt his
cause.
Burley's bill will not mean the re-
growth of Oregon's timber industry to
its 1960s heyday. It can help commu-
nities keep a link to their past, howev-
er, providing jobs in private industry
as they do so. The governor is expect-
ed to sign the measure, making the
people of Oregon the real winners.
C8 Friday, April 15, 2005 • THE BULLETIN
EDITORIALS
Creating community forest
authorities is a good idea
Oregon's land-use system was
fraying around the edges long
before Ballot Measure 37
passed last November. The system
has done a reasonably good job of
preserving farms and forestland, as it
was supposed to do. But landowners
don't have to keep their property in
production if they don't want to, and
many don't. Sure, it may be next to
impossible to stick a high-density de-
velopment on private forestland out-
side of a city's urban growth bound-
ary. But it's relatively easy to chop up
forestland into large parcels and sell
them as potential homesites. In fact,
it's happening in lots of places, includ-
ing Central Oregon.
Anyone who doesn't like this trend
should take a look at a bill sponsored
by three Central Oregon legislators,
Reps. Chuck Burley and Gene Whis-
nant and Sen. Ben Westlund. One of
this session's most intriguing pieces of
legislation, HB 2729, would allow
cities or counties to create so-called
community forest authorities. These
bodies would be able to acquire and
manage private forestland that might
otherwise fall out of production and
be sold.
These authorities would issue
bonds to pay for forestland, which
could be inside or outside the borders
of the authority's parent municipality.
The forest authority could then man-
age the forestland as it saw fit.
Residents of the municipality re-
sponsible for the forest authority
wouldn't have to turn out their pock-
ets to make this happen, fortunately.
The authority wouldn't have the pow-
er to levy taxes. And as for the bonds
the authority would issue to buy land,
they are, according to the legislation,
"not a general obligation of the mu-
nicipality nor a charge upon the tax
revenues of the municipality." They
would be paid off by managing the
land profitably, ideally by keeping it
in active timber production. The inter-
est earned by the revenue bonds
would not be subject to state taxes,
and municipalities could waive prop-
erty taxes on forest authority land if
they wanted to.
The authority would be managed
by a carefully balanced board. One
third of the board's members would
represent conservation interests, and
another third would represent busi-
ness interests. The municipality that
created the authority would be repre-
sented on the board, too, as would
members of the public. Forest authori-
ties would be further insulated from
the demands of no-logging types, of
course, by the need to generate mon-
ey to repay the authority's debt.
. HB 2729, which received a hearing
earlier this month before the House
Agriculture and Natural Resources
Committee, deserves to become law.
It may be the rare city or county that
actually takes advantage of the au-
thority the bill would provide. Those
that do, however, would have a pow-
erful tool at their disposal.
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TheNature ~~1 The Nature Conservancy in Oregon tel 541 388-3020
Conservancy y1 805 Mill A SW Indiug
Industrial Way #3 tax Sot 388-3021
SAVING THE LAST GREAT PLACES ON EARTH Bend, OR 97702
nature.orgloregon
12/21/05
RE: The Nature Conservancy support for the passage of a Resolution Creating the Community
Forest Authority of Deschutes County, Oregon. (Resolution No. 2005-147)
I would like to thank the County Commissioners for the opportunity to offer my
comments today.
My name is Garth Fuller and I work for the Nature Conservancy here in Bend.
The Nature Conservancy is an international non profit conservation organization
and I am the Conservation Director for Central and Eastern Oregon. On behalf of
The Nature Conservancy I would like to voice our support for the creation of the
Community Forest Authority with a goal of establishing the Skyline Forest.
Working with a large group of natural resource professionals from across the
agency and non-government spectrum we have identified some of the most
important natural areas in Oregon. One of these areas is the forest located in the
East Cascades around Bend. This group of resource experts have identified the
killer threats to these forests to be development and an altered fire environment.
With a fire regime that is out of whack due to past fire suppression and certain
forest management practices we are faced with natural areas that are no longer
resilient or resistant to fires. These fires now burn beyond the natural range of
intensity under which these forests adapted over thousands of years.
Today we are charged with finding solutions to the problems that threaten not only
the health of our forested systems but also the safety of our homes and businesses.
By leaving this large block of forest intact and managing it as a sustainable,
working forest we have an opportunity to address the ecological, the economical,
and societal needs of our local community. With the creation of the Community
Forest Authority the killer threats to the forest we all care so much about can be
addressed.
It is for this reason, as well as many of the others being voiced today, The Nature
Conservancy supports the passing of this resolution.
Thank you.
Commissioners,
Thank you for the opportunity to speak in support of the creation of a community forest
authority to purchase Skyline Forest.
I believe it is essential to recognize the crossroads we are at. Either we look forward with
a vision for a sustainable future, or we fall victim to continuous build out, loving our
region to death.
In Skyline Forest, we have the opportunity to draw a line in the sand, to say "this is the
edge of our town". By dedicating these lands to future recreation, timber jobs and
wilderness preservation, we have the chance to set a remarkable precedent, a win-win for
all concerned.
In so doing, we will distinguish our community and serve as inspiration for similar efforts
nationwide.
Let us take this moment to set the bar high and demonstrate vision for the future. Let us
take the reigns of stewardship of a precious natural inheritance.
The opportunity to establish Skyline Forest will not present itself again. Support for this
effort is widespread and non partisan. Thanks to Deschutes Basin Land Trust, a broad
coalition of support is in place. Today, it requires your endorsement.
Let us not miss this moment.
Thank you.
