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HomeMy WebLinkAbout2013-10-21 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, October 21, 2013 Page 1 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.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 1:35 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 2 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 t his 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 th e 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 3 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 4 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. DATED this vf'~ Dayof Q~ 2013 for the Deschutes County Board of Commissioners. Alan Unger, Chair Ta ~ ATTEST: Anthony DeBone, Commissioner ~rru~ 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.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, OCTOBER 21, 2013 1. 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 PLEASE NOTE: At any time during this meeting, an executive session could be called to aldress 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, limes and discussion items are subject to change. All meetings are conducted in the Board o/Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. lfyou 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 disabi lities. If you need accommodations to make participation possible. please call (541) 388-6571, or send an e-mail to bonnie.baker@deschutes.org. I I I I I I I I ----!~--'- I I I I I I I I ! I ~Lri I II II I II I I , I I I I : I I I 14­o I I , 1 ' I I I wo .........,_"".... 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 7Q..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. SOARD OF COMMISSIONERS ADMINlSTRATInN 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, "'-'" Tho Executive Director Affidavit of Publication STATE..QF OREGON, COUNTY OF DESCHUTES I, Polly Schoenhotf, a citizen of the United States and a resident of the county aforesaid; I 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 9115113 PageG5 State of Oregon. County of Deschutes 'j) I Subscribed and Sworn to before me this Lday of ••2011. by .u/j;t Yhoe.. twfF ~b4 Notary Public for Oregon No. __________ In the _________ Court of the STATE OF OREGON for the COUNTY OF DESCHUTES AFFIDAVIT OF PUBLICATION Filed __________ ~---------------- From the Offioe Of Attorneyfor ____~____ - .. I What_you IooIdng for'1 You" find It In The 8uItetIn CIassIfIeds Yo ~... .. . RInge Rant. 2001. low miles. excellent coodition. 6 dl~ CD, AIC, leather Interior, great SW tor wtRflr driving. fleds······ . ad, visit letin.com 95-5809 MINUTES OF THE PUBLIC HEARING Proposed Issuance of Tax-exempt Bonds October 1, 2013 I. 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. Indlvl~uals ~re~!!:!l Thomas J. Kemper Lori Hill Keith Wooden III. DIscussion Kemper opened the public hearing by announdng 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 ofthe 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 Secretory Pagelofl 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 pennit 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:llJser.llIKempe!\App08talLocellMaosofllWindowsIT8f1lIOIWYIntemet fleslCon1ent.OutIooklS819YJPElCounty Commissio~ Cenillcale -CORHA 2013.doc DC -2013-59 S IN WITNESS WHEREOF, we have executed this instrument this _ day of____ 2013. Alan Unger, County Commissioner Deschutes County, Oregon Tammy Baney, County Commissioner Deschutes County, Oregon Tony DeBone, County Commissioner Deschutes County, Oregon -It1IEi!M LEGAL COUNSEL -2-FlPOJY, DOC 1311Q/()2