2017-779-Minutes for Meeting May 05,1997 Recorded 11/15/2017Recorded in Deschutes County CJ2017-779
Nancy Blankenship, County Clerk
Commissioners' Journal 11/15/2017 12:53:25 PM
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Deschutes County Board of Commissioners
Bend, Oregon
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Audio Cassette Recording Titled: SPECIAL MEETING AFTER EXECUTIVE SESSION
May 5, 1997; 11:00-11:30 AM.
A meeting of the Board of County Commissioners was held on May 5, 1997.
Commissioners present were Nancy Pope Schlangen, Bob Nipper and Linda
Swearingen. Also in attendance were Rick Isham, County Counsel; County
Administrator Mike Maier; the media, other staff and a few interested citizens.
A meeting was held after the conclusion of an executive session regarding the
Tony Aceti case, and the ultimate building of a Highway 97 overpass at Deschutes
Junction. This meeting has been transcribed verbatim.
Commissioner Schlangen noted that an agreement had previously been
withdrawn. They now have the person involved asking to reinstate the
agreement.
Commissioner Swearingen moved approval of signature of an agreement
between Deschutes County and the State of Oregon, and Anthony J. Aceti.
Commissioner Nipper seconded the motion.
Transcription of Audio Recording of a Work Session, May 5, 1997 Page 1 of 4
Commissioner Nipper stated that his better judgment is to let ODOT have it and
delay the whole project until 1999. But he doesn't want to do that because of the
number of lives that might be lost in the event that it is not done sooner.
He feels that in a way they are being held hostage. This was alluded to in a letter
to the editor of The Bulletin. He feels that the additional $75,000 cost are
justifiable, and therefore he is willing to go along with this settlement agreement.
Commissioner Swearingen said she doesn't know or agree with the statement
that they are being held hostage. They do have a private property owner whose
property is going to be condemned and the use is going to be drastically changed.
The County created its own mess.
Commissioner Nipper does not feel the County created it; he thinks the State did.
Commissioner Swearingen responded that the County was willing to go forward
regardless. The County started this, and the property owner looked at what his
neighbor was getting and said that it wasn't fair. That he should receive the
same. You can't blame him.
Commissioner Nipper agreed. Commissioner Swearingen stated that hopefully in
the future, if there is a situation like this, it will come to the Board sooner. What
is really unfortunate is that because of the actions of one of the County's
employees, here they are, and this project has now been delayed for one year
because of actions of the County.
Commissioner Schlangen said that there have been discussions on this before.
The County did take steps to try to make this happen sooner. She can't blame it
on an employee.
Commissioner Swearingen disagreed. She said that she looked at 6/5/96, and had
they come to an agreement with the City sooner, they'd be one year ahead right
now. They have created their own problems and need to clean it up.
Commissioner Schlangen stated that she believes they have learned from their
mistakes.
Transcription of Audio Recording of a Work Session, May 5, 1997 Page 2 of 4
Commissioner Nipper feels maybe the wording, being held hostage, was a little bit
rough, but he truly gets tired of the County making sweetheart deals that seem to
float around, and it is usually the government that ends up losing. He doesn't
think the public understands this.
Commissioner Swearingen said that the public lost on this situation. It won't be
built for an additional year, and that is sad. Commissioner Schlangen stated that
the public both won and lost. They lost with the one-year delay, but thinks that
the Board moving forward with signing this today will be a win in that the project
will get done in 1998 instead of 1999.
Bruce White pointed out that Mr. Barrett has still not signed the agreement.
Commissioner Swearingen said that on her voicemail is a message from him that
as soon as they let the City know their decision, he will have it signed and back to
the County by Wednesday. This is a voicemail message only, and she has not
spoken with him in person, but he was willing to do this on Friday. She feels he is
still willing to do it.
Mr. White said that the consent should be conditioned as approved upon
signature of Mr. Barrett.
Commissioner Schlangen reiterated that the motion is to reinstate the agreement
and, upon Mr. Barrett's signature, it will be effective.
There was no further discussion.
Commissioner Nipper called for the question.
VOTE: Nipper: Yes.
Swearingen: Yes.
Schlangen: Chair votes aye.
Commissioner Schlangen thanked everyone for trying to work through this. They
will sign the agreement now.
Transcription of Audio Recording of a Work Session, May 5, 1997 Page 3 of 4
Commissioner Nipper stated that he just wants to see the project built as soon as
possible.
I certify that the above is a true and accurate record of a meeting, as reproduced from a
cassette tape identified as Minutes of a Meeting of the Deschutes County Board of
Commissioners, held on May 5, 1997. This record was completed subsequent to the presiding
Deschutes County Board of Commissioners' tenure.
(67/A.A)A,L,
Bonnie Baker
For the Board of County Commissioners
Transcription of Audio Recording of a Work Session, May 5, 1997 Page 4 of 4
