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2013-1212-Minutes for Meeting October 21,2013 Recorded 11/5/2013DESCHUTES COUNTY OFFICIAL RECORDS CJ 20+3'~2~2 NANCY BLANKENSHIP, COUNTY CLERK 1rY v COMMISSIONERS' JOURNAL 11/0512013 08:77:14 AM II~ IIIIIIII~III~III~II ~I Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 21, 2013 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Erik Kropp, Deputy County Administrator; and, for part of the meeting, Nick Lelack, Community Development; Tom Kemper, HousingWorks; and Mark Pilliod, County Counsel; and media representative Richard Coe of The Bulletin. Chair Unger opened the meeting at]: 35 p.m. 1. Discussion of Central Oregon Regional Housing Authority Bonding Certificate. Tom Anderson explained that there have been a few questions about how the project is set up. Tom Kemper said that it relates to getting the 4% federal tax credit. Private activity needs to be more than 50% funded. There is $3 million work of tax credits involved. The hearing was noticed but most people do not show up. This relates to project financing. They are spending $5.7 million to obtain the property, then will put in $2.4 million on transaction costs and $3.4 million of work. Commissioner Baney asked who Larkspur Housing is. Mr. Kemper said the partner is a private entity, PNC Bank, which invests in funds to get a yield on the credit. He went into further explanation. BANEY: Move approval of the document. DEBONE: Second. VOTE: BANEY: Yes. DEBONE: Yes. UNGER: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, October 21, 2013 Page 1 of 5 2. Discussion of Transfer Development Opportunities (Cyrus Property). Nick Lelack noted that it appears Rep. Huffman will not support this TDO if the County does not. The Board has indicated it should be opened up to other areas, trying to take the focus off Deschutes County. He asked if this might be a question for AOC. There may be other counties interested in being eligible. There is another work group meeting the next Monday, and a meeting of the sub-group the following Wednesday. Chair Unger explained that Deschutes County can be a receiving county, but wants to be part of a State process that addresses this globally. Deschutes County should be one of many counties that are a part of the TDO process. Commissioner Baney said that Rep. Huffman wants the County to say it is wanted here, and understood that it was to go towards the Cyrus property. He expects the County to support it now that he realizes there is opposition. She met with Matt Cyrus and told him that Deschutes County wants to make sure that other counties that might be interested have an equal opportunity. Mr. Cyrus advised her that DLCD makes a decision on where they go. Mr. Cyrus wants the County officially to support Rep. Huffman regarding Deschutes County being the receiving county. Other people support part of the project, but not the entire 480. Mr. Lelack noted that Mr. Cyrus does not seem to be satisfied with just 240. Mr. Anderson asked if the Board wants him to check with DLCD to let them know the County is thinking broader on the TDO's, or kick it up to AOC. This conversation needs to happen within the next few days. Mr. Lelack noted there might be a couple of suitable locations on the coast, but no one seems to know the value of a TDO. 3. Other Items. The Board then went into executive session, under ORS 192.660(2)(h), pending or threatened litigation, at 2:30 p.m. More discussions occurred after executive session. Minutes of Board of Commissioners' Work Session Monday, October 21, 2013 Page 2 of 5 Commissioner DeBone stated that a citizen has contacted him regarding desired changes to the noise ordinance, including allowing fewer hours for noise- producing events on Saturdays. The citizen was advised that it is a Sheriff issue. The man's comments are now on the County Facebook, as a person saying he is not getting attention regarding this issue, and now others are weighing in on Commissioner DeBone. Commissioner DeBone called him, but this person was too busy to talk at the time. Mr. Anderson said that this is not a land use issue, but the Planning Commission has experience on this type of thing. The Board could have Mr. Lelack ask the Planning Commission for input. The hours stated in the noise ordinance are the same as the ones for all cities in the county, and for enforcement purposes, it is important that there is consistency. Regarding changes to the UGB for City of Bend, Mr. Anderson asked if the County wants to participate in the remand. Mr. Lelack asked if a Commissioner want to serve on the steering committee. Commissioner Baney stated she is interested but is not able to attend all meetings. Mr. Lelack advised that someone from CDD usually attends, but he is not sure how this should be structured. Commissioner DeBone said he would like the County to follow the normal process. Mr. Lelack said that on November 14, there is a non-resource committee board meeting, with the Planning Commission there to help clarify the State program. They have a great presentation that addresses agricultural land use issues. Chair Unger said that the Behavioral Health and Public Health Advisory Committees are a recommending body. The Commission role is bigger than that. He does not want to be perceived as being negative towards legislators. There does not seem to be a process allowing good interactions with these committees. Perhaps a Commissioner could attend meeting or a bi-annual or anal meeting with these groups. Mr. Anderson stated that some overreacted and were concerned about censorship, but need to know the Board has to maintain a broader perspective. Staff will work on a plan. Getting out more was discussed at the Board retreat, including joint meetings with advisory groups to nip problems or address concerns early. Alternatively, representatives of the committees could be invited to Board work sessions. Minutes of Board of Commissioners' Work Session Monday, October 21, 2013 Page 3 of 5 Chair Unger feels they need to think more regionally. Commissioner Baney added that there would be more regionalization in the future. WEBCO is handling behavioral health already. Maybe not every county should have its own advisory committee. A lot of this is not clear at this point. She has attended some of the advisory board meetings in the past, but has not been able to do so this year. Commissioner DeBone indicated he is okay with meeting with them every six months or so. Mr. Kropp said he received input on the Health Services Director recruitment process from them, and it was helpful. Commissioner Baney noted that the Director for the CCO Health Council has been hired, but will not start until December. A lot is in the air right now and there is much at stake. The CCO's do not have to contract with counties. Mr. Kropp said that he would be asking the Commissioners individually for input on what they want in a new Legal Counsel. He will also contact staff for additional feedback. The people handling the point-in-time homeless count may be asking for a grant to cover some of the costs. This Thursday is the "Made in Redmond" event. Staff will have to reschedule the Juvenile Community Justice performance management meeting since it now conflicts with the Redmond event. Commissioner DeBone will attend the Investment Advisory Committee meeting this Thursday in place of Chair Unger. Being no further discussion, the meeting adjourned at 4: 30 p.m. Minutes of Board of Commissioners' Work Session Monday, October 21, 2013 Page 4 of 5 DATED this ~p~ Day of Dgvkt~ 2013 for the Deschutes County Board of Commissioners. 66vtp-4- Alan Unger, Chair Tammy Baney, Vice dl~tir ATTEST: TA", (6~ Anthony DeBone, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Monday, October 21, 2013 Page 5 of 5 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 541 388-6570 - Fax 541 385-3202 - www.deschutes.or WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, OCTOBER 21, 2013 Discussion of Central Oregon Regional Housing Authority Bonding Certificate Tom Kemper, HousingWorks 2. Other Items Executive Session, under ORS 192.660(2)(h), pending or threatened litigation - County Counsel's Litigation Status Report - County Counsel I'1,FASF NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6571, or send an e-mail to bonnie.baker a)deschutes.or . 405 SW 6th Street Redmond, OR 97756 p: 541.923.1018 f: 541.923.6441 www.housing-works.org October 3, 2013 BY MAIL/EMAIL Board of County Commissioners Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 Re: Central Oregon Regional Housing Authority Multifamily Housing Revenue Bonds (Ariel Glen and Healy Heights Projects), Series 2013 Honorable Board of County Commissioners: The Central Oregon Regional Housing Authority (the "Authority") intends to issue tax-exempt conduit revenue bonds to finance 140 units of affordable housing in Deschutes County. The purpose of this letter is to notify you of the bond issuance and, pursuant to Section 147(f)(2)(A)(ii) of the Internal Revenue Code of 1986, as amended (the "Code"), to request the approval for the bond issue from the Board of County Commissioners of Deschutes County, as the "applicable elected representative" for Deschutes County, the jurisdiction in which the Authority is issuing bonds. The Authority intends to issue its Multifamily Housing Revenue Bonds (Ariel Glen and Healy Heights Projects), Series 2013 and to loan the proceeds of the bonds to Larkspur Housing LLC, an Oregon limited liability company of which the Authority is the managing member. Larkspur Housing LLC will acquire and rehabilitate (1) the 70-unit multifamily apartment complex presently known as the Ariel Glen Apartments, located in Bend, Oregon and (2) the 70-unit multifamily apartment complex presently known as the Healy Heights Apartments, located in Bend, Oregon. As required by the Code, the Authority published a notice in the Bend Bulletin of a public hearing for the projects and the bond issue at least two weeks in advance of the hearing. The hearing occurred on October 1, 2013. Attached for your reference are copies of the notice which was published, the affidavit of publication, and the minutes of the public hearing, along with the Certificate of County Commissioners approving the bond issue. We respectfully request that the Board of County Commissioners review and execute the certificate in order to approve the bond transaction as required by the Code. "LD OCT - 7 2013 The bond issue is scheduled to close on December 12, 2013. We appreciate your review of the attached documents and return of the executed certificate at your earliest convenience. Please let me know if you anticipate any issues in meeting this schedule. Please call me or Faith Pettis of Pacifica Law Group LLP, bond counsel to the Authority, at (206) 245-1715 if you have any questions. Very truly yours, CENT OREGON REGIONAL HOUSING AUT OR Tha J. K p r Executive Director Affidavit of Publication STATEgf-MEGON, COUNTY OF DESCHUTES I, Polly Schoenhoff, a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years, and not party to Pr interested in the above-entitled matter. I am the principal clerk of the printer of The Bulletin 1777 SW Chandler Ave, Bend OR 97702 a daily newspaper of general circulation, published in the aforesaid county and state as defined by ORS 193.010 and ORS 193.020, that Acct Name: HOUSING WORKS Legal Description: LEGAL NOTICE, Central Oregon Regional Housing Authority dba Housing Works (the "Authority") will hold an open public hearing for the purpose of considering the issuance... a printed copy of which is hereto affixed was published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to wit: 9/15/13 Page G5 I certify (or declare) under penalty of perjury that the foregoing is tr ;1A correct. Dated at Bend, Oregon, this 16 day of September, 2013. lgneh,10 AdName: 20399953D State of Oregon, County of Deschutes Subscribed and Sworn to before me this 6 day of Notary Public for Oregon 41 OFFICIAL REAL 2013 by 7 F KENbRA L STOKES NOTARY PUElLIG-OREGON COMMISSION N0.480500 MY IDN I=XPIRES ALgUBT /2, 2017 YO .adults >7! Range Rover, 2006, low miles, excellent conditim 6 disc CD, AA leather interior, great 5UV Uft fieds ad, visit letin.Com 35-5809 0 wiI : MiI 26, 2009. u ,n aauv Mal _ which r f ' h s LEGAL NOTICE TRUSTEE'S NO- the rartor has or had power to 3. a Z7. 01 canoelMd The noxt regularly whod- TICE. OF SALE. Convey at the tiro u 1g Reference is mettle of the exeoution by Twed~Y, to fhat Certain Trust 4 Graft of the sold 2013 71w Deed made by [Teed of Trust, gende meeting DeAnna Dawn as Chfi ti i r with arr. d i h h MW foulhe Ootobsr ansen, a Grantor, to Western ti n c t e obdgaeoes thereby wig 11 2013F Tide 6 Escrow secured and the 2 e lernber 27 01 , ny, ae T , fn favor of co" and eVenass d sale, D a r p , on the dbtrlct's web- bandpark-- sits: www Hon R, Bennett, as Berteflclary, doled 2t)Da reasonable by Nis Trustee. . saadrec.rog. For rnwe iMonriatirin call , re October 8, Nodca le fultltsr 541-70Bf310D owded October 24 given that an . , 2008, as Instrument No. 200843208, y the .7 OPAS 88 hat Are you t 0 any , Or. chutes Courdy prior to (S d cove ~ ~ beF Yo du find it in joQpn set for the sale, to have ' this The Bulletin Classidads in Deschutes foreclosure County. Orego 2!10 Lot 1, INCK- proceeding 5411-3111154M LEGAL NOTICE Regkx,al A lingo dba housing Wa*s (the •A 1 hold Val hsa cr the purpose of corder- ft the by the A~y of tluaexerrtpt revenue bands (the lFonde) to finance the a dim and.fit,d two nn111thp* i ,spur jW*"ld hous P.m, on q 13fN~t f k, OprlbraeliR lfCr with 11ow d 0= The Bonds wll be issued pursuant to ChWer 450 of the Re- vised wtatules, and Ow Intttrnpl Revenue C66 d.1 998,1 arnerlded` The proceeds of the Bonds wig be to provide financing I& the fol- lowing projects: eCt: Abel Glen Pru ct Address l7wempest Drive, Bend. OR 97702 protect. Healy Hei" rtments Project Address: 1000 N Bear Creak (load, Bend, OR 97701 Total Estimated Cast $12,000,000 Estimates Maximum Bond AmouM $7,500,000 Proceeds of the Bonds will be Lard to pwide a portion. of the 1inArt for the aft"on and 1aft It i&V Aft f3i1Mi HeaPy lieAlparlrnerfs. earls of which a 70.w* ~fac~y. Written comments with respect to the pnposed pmand pro 5 Bonds be mailed or hood W the altertiarn of om r, , Executive Diredar 40 SW ft SD*K Redmond, Or- X= 3D. 2013, Putpft WaWwww. *0 be ma to (541) 129-2086, for receipt no War then 8 p.m. on m4mbers ot the public attending rrirq ~ vM=' the public lostknony and wriltem comma tle in delwrrift If the projects wig receive fundbV from tax-exempt tl e~ manta Lee, . zorronk rg and env ernesroonlr land Id regulation be directed to to oral (udadictlon thatle auttwdzed to oarmider these matters [[Ater Issuing budding penMts for the project. =1W Ad =WWht (tiL1 ogle 1-886.327-8877' {TfY) at least 48 hours in advance of the hearing. Fat special web- due to motion. visor, speech and hearing die ies, the lag frae number of CenturyUnles services for customars with dlsabigties is 1.800-223-3131. The results of the hearing will be sent to the City of Hand Mayor, Jim Clinton, for approval. Tom Kemper, Housing odes Director (abn Central Oregon Regional Housing Authority) 1=10 M 1'4,.4j 1 11 W 7n1' t, WG -'s► C:2tJW 17193:Sb AIL41111.711 Vj MINUTES OF THE PUBLIC HEARING Proposed Issuance of Tax-exempt Bonds October 1, 2013 1. Call to Order Pursuant to notice through the media and in conformance with the Public Hearings Law, Executive Director Thomas J. Kemper called the hearing to order at 3:02 p.m. II. Individuals Present Thomas J. Kemper Lori Hill Keith Wooden Ill. bid Kemper opened the public hearing by announcing the reason for the hearing. The hearing was open to public comment regarding the proposed issuance of tax-exempt bonds by Central Oregon Regional Housing Authority dba Housing Works to finance the acquisition and rehabilitation of the Ariel Glen and Healy Heights Apartments by Larkspur Housing LLC, of which the Authority is the managing member. Estimated bond amount would not exceed $7,000,000. Both apartment complexes are located in Bend, Oregon. The hearing was opened to public testimony and written comments. There were no written comments submitted and no members of the public in attendance. There being no public testimony or written comments the hearing was closed by Kemper at 3:07 p.m. Respectfully submitted, Lori Hill Acting Recording Secretary Page 1 of 1 rurhlir hpArinn mini ftg in m 7ni i CERTIFICATE OF BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY APPROVING BONDS ISSUED BY THE CENTRAL OREGON REGIONAL HOUSING AUTHORITY We, the Board of County Commissioners of Deschutes County, Oregon (the "County"), CERTIFY that: WHEREAS, the Central Oregon Regional Housing Authority (the "Authority") is a public body corporate and politic of the State of Oregon; and WHEREAS, ORS 456.175 provides that a housing authority may issue bonds for any of its corporate purposes; and WHEREAS, the Authority intends to issue its Multifamily Housing Revenue Bonds (Ariel Glen and Healy Heights Projects), Series 2013 (the "Bonds"), in the aggregate principal amount of not to exceed $7,000,000 and to loan the proceeds thereof to Larkspur Housing LLC, an Oregon limited liability company (the "Borrower") of which, the Authority is the managing member, in connection with the acquisition and rehabilitation of (1) the 70-unit multifamily apartment complex presently known as the Ariel Glen Apartments, located in Bend, Oregon and (2) the 70-unit multifamily apartment complex presently known as the Healy Heights Apartments, located in Bend, Oregon, and the payment of issuance costs with respect to the Bonds (together, the "Project"); and WHEREAS, a public hearing was held pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to the Bonds on October 1, 2013, in Bend, Oregon, following timely notice being published in a newspaper of general circulation throughout the County; and WHEREAS, we have received a written summary of the public testimony; and WHEREAS, the Board of County Commissioners is a County-wide elected legislative body representing the County with respect to the approval of the Bonds for purposes of Section 147(f)(2)(A)(ii) of the Code. NOW, THEREFORE, we approve the issuance by the Authority of the Bonds, the proceeds of which will be loaned to the Borrower to finance the Project. This approval is intended to comply with the requirements of Section 147(f)(2)(A)(ii) of the Code in order to permit the issuance of the Bonds. In providing this certificate, the County shall take no financial responsibility and incur no financial liability with respect to the Authority's issuance or repayment of the Bonds. C:Wsersi keMpaWp©ata5LocanAecro$O lWmdowstremporary tntemet fNesSContgm.QutlaokL9819YJPE1County Commissioners Certlflcale CORHA 2013.dac OC -2013-595 2013. IN WITNESS WHEREOF, we have executed this instrument this day of , Alan Unger, County Commissioner Deschutes County, Oregon Tammy Baney, County Commissioner Deschutes County, Oregon Tony DeBone, County Commissioner Deschutes County, Oregon RENIf;' D LEGAL COUNSEL -2- FLPOJY.000 13!10/02