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1985-17259-Minutes for Meeting January 30,1985 Recorded 8/22/198585-1'7259 VOL 65 POE 528 DESCHUTES COUNTY BOARD OF COMMISSIONERS JANUARY 30, 1985 MEETING MINUTES ;r -rte j 22 " Lir ti i Chairman Tuttle called the meeting to orde`r``(:,-ate Q-05 M. Commissioner . ; Prante and Commissioner Maudlin were 1ar1��_pj;�ecnt. Amendments to Chairman Tuttle read aloud the amendments to the the Agenda agenda. He also announced that there would be an Executive Session at 11:30 AM and a Dog Control Hearing at 1:15 PM. He also announced that at 1:30 PM Dave Mohla would be present to discuss the consolidation of BLM and the USFS. At 2:00 PM the Board will meet with representatives from Mid -Ore- gon Ready Mix to discuss issues related to bidding on County projects. At 7:00 PM is the geothermal hearing and possible first reading of the ordinan- ce. He announced that next Monday was a holiday and the County offices would be closed. He announced that at 9:00 AM on Tuesday the Board of Commissioners will meet with the Local Government Personnel Institute to discuss the Public Works Department classification study. Bid Opening Chairman Tuttle noted that the agenda indicates for Health that this is a remodeling project for the Health Department Department, but it is for the Greenwood Building, Remodel which will eventually house the Health Depart- ment. As the Amendments to the Agenda state, the bid opening has been postponed until 10:00 AM on March 6, 1985. Before the Board for consideration at this time are the documents for the Invitation to Bid. Chairman Tuttle called for a motion from the Board authorizing the Chairman to sign the documents. MOTION: PRANTE so moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Publication MOTION: MAUDLIN moved to publish the bids for of Bids for Deschutes County Library Book Detection Book Detection System. System PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Reconsidera- Chairman Tuttle explained that this had been on tion of JSC the agenda two weeks ago. JSC has submitted a Funding Re- list of recommendations for program funding to be quest funded by additional funds available through the end of the fiscal year. One of those recommended for additional funding was the Ponderosa Treatment Center in the amount of $2500. There had been JANUARY 30, 1985 MINUTES: PAGE 1 VOL 65 FACE 529 some questions raised at the last meeting that are to be discussed at this time. Kathy Hoskins, Executive Director of Central Oregon Council on Alcohol, 1725 NW Newport Ave., Bend, was present. She explained that they operate an in-patient detox unit as well as out-patient counseling funded by the State Mental Health Division. She then introduced John Cook, who was hired by their agency to provide outpat- ient juvenile counseling. This is what they are requesting JSC funding for. There was some general questions from the Board about the expenditures listed in the proposed budget for this program. Commissioner Prante then asked about Mr. Cook's credentials. Mr. Cook came forward and presented a letter of recommendation from Jeffrey Cushner and a copy of his resume'. He then listed several projects he had worked on. He stated that he has a scrapbook of articles and certificates as well. He then briefly described the service that they would offer. He noted that they hope to be in operation in order to request permanent funding from another source at a later time. Chairman Tuttle asked if they anticipate that a funding source will be available by December of 85. Mr. Cook stated that he is willing to take that risk because he felt that certain factors were in his favor. Commissioner Maudlin asked how many youth in the area have been identified as being alcohol abusers. Ms. Hoskins replied that 10% of the juvenile population under the age of 18 experiences some type of alcohol problem. The Bend High School counselor sits on their Board of Directors, and he has identified 38 youth in that school that need some kind of crisis treatment. With respect to this budget request, she stated that Ponderosa Treatment Center will fund half of this program and they are requesting 50% funding from JSC in the amount of $9876. Ms. Hoskins stated that currently there is no program in the area serving this need. Commis- sioner Prante asked that the decision on this matter be delayed until the 1:15 Dog Control Board meeting. It was the concensus of the Board to do SO. Engineer's Mr. Hoerning explained that this had come before Report for the Board about four weeks ago, but since this is Odin Falls primarily a one -owner assessment, they had Way LID requested further information. The estimated total cost will be $351,000.00 and the Engineer's JANUARY 30, 1985 MINUTES: PAGE 2 voL 65 FACE 530 Report recommends that the road be developed to Rural Local Road standards. Equal assessments would be made to each lot. Odin Falls Ranch developers have agreed to pay an equal share, since they will be benefited also. This creates an assessment of $3,250 against each lot. Mr. Hoerning outlined the lot ownership, noting that 71% of all assessed lots were owned by four entities. These four entites would carry the LID. He suggested that the hearing be held to see if the other land owners were in favor or opposed. Mr. Hoerning stated that the Assessor's office indicates a true cash value of these lots at a minimum of $11,750 in that subdivision. This land is currently taxed at farm deferral rates, with a five year limit. Mr. Isham noted that there is some opportunity for additional obligations on this property. Commissioner Tuttle stated that since most of the security on this comes from farm deferral land with private roads and a PUD, that he cannot support forming an LID on that basis. He noted that there are only 26 lots that are not owned by these groups. It was noted that the previous board had granted them exceptions to the primary access standards. Bob Mayfield, subdivision developer, came for- ward. He stated that they have faced a lot of animosity trying to get a paved road across Tetherow Crossing. He stated that the property is under farm deferral because he cannot afford to pay $18,000 per year in property taxes on this land and not sell any lots. He stated that in 1980 they sold one lot. Because of this, they felt it necessary to place this land under farm deferral. If they take a lot out of farm deferral and sell it they have to pay the back taxes. MOTION: MAUDLIN moved the denial of the LID and not accept the Engineer's Report. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Engineer's Mr. Hoerning stated that the Board had previously Report for adopted the resolution for this LID located in 16th St. LID Hillman. He went through the contents of the Engineer's Report. MOTION: PRANTE so moved to accept the Engineer's Report. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. JANUARY 30, 1985 MINUTES: PAGE 3 YuL 65 FACE 531 Order Setting Chairman Tuttle stated that the date of the Hear - Hearing & ing would be February 27, 1985. This is Order Accepting En- No. 85-003. gineer's Re- MOTION: MAUDLIN so moved. port for 1st PRANTE: Second. on the Hill VOTE: UNANIMOUS APPROVAL. Sites LID Order Setting Chairman Tuttle read Order 85-001 aloud in part. Hearing and The hearing will be set for February 27, 1985. Accepting En- MOTION: PRANTE so moved. gineer's Re- MAUDLIN: Second. port for Spec- VOTE: UNANIMOUS APPROVAL. ial Rd. Dist. #4 LID Order Setting Chairman Tuttle read aloud Order 85-002 in part. Hearing and The order sets the hearing for February 27, 1985. Accepting En- MOTION: PRANTE so moved. gineer's Re- MAUDLIN: Second. port for VOTE: UNANIMOUS APPROVAL. Squawback Woods LID Reappointments Before the Board was a letter from the Landmarks to Deschutes Commission recommending reappointment of Helen Van Co. Historic Huffel, Perry Hereford, and John Frye. They are Landmarks requesting reappointment of current members Commission because they are currently in the middle of their work program. MOTION: PRANTE so moved that the people be reappointed as presented. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. It was noted that the terms of appointment would expire February 1, 1986. Order Refund- Before the Board were orders 85-005 and 85-006 in ing Taxes the matter of refund of taxes. MOTION: PRANTE so moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. Other Staff/ Chairman Tuttle announced that the DEQ hearing Public Con- would be held February 6 and 7 in Portland cerns regarding the incinerator operation to be con- structed at Arlington for the disposal of PCB's. The PCB's are transported on Highway 97. They can submit comments regarding this issue by February 15. JANUARY 30, 1985 MINUTES: PAGE 4 VOL 65 FAGF 532 Signature of Before the Board was a contract for the supply of Contract for crushed rock for signature by the Chairman. Supply of MOTION: MAUDLIN so moved. Crushed Rock PRANTE: Second. VOTE: UNANIMOUS APPROVAL. The bid was awarded to Central Oregon Pavers. Appointment This committee will provide input to the sanitar- Deschutes Co. ians regarding food service inspections. This Food Service is provided by statute and will consist of three Advisory Com- members. They will be working with Roger Everett. mittee The three appointees recommended are Jim Cheatham, Ruth Burleigh and Dennis Allan. Chairman Tuttle called for a motion for appointment. MOTION: PRANTE so moved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. OLCC Applica- Before the Board was an OLCC License Application tion for for Lucky's Tavern. Lucky's Tavern MOTION: PRANTE so moved approved. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. At this time the Board recessed the meeting. Chairman Tuttle announced that they would reconvene at 11:30 for the purpose of discussing litigation in Executive Session. The Board then reconvened in regular session at 12:00 p.m. Chairman Tuttle called the meeting to order. MOTION: PRANTE moved to join the Association of Oregon Counties in the lawsuit involving Oregon Administrative Rule No. 53.311.70. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. It was also requested that Rick Isham be allowed to associate with Counsel. MOTION: PRANTE so moved to authorize Rick Isham to associate with Counsel. MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. John Andersen, Community Development Director, stated that the issue is to state a policy decision as to how the Director of the Community Development Department should respond in reference to a remand order. There was some discussion about the appeal, noting that it could take up to one year. Chairman Tuttle stated that if there JANUARY 30, 1985 MINUTES: PAGE 5 VOL 65 FacE 533 was going to be a position taken in opposition to the recommendation to do it through LCDC would be the appropriate forum. Mr. Andersen agreed. The have the option of doing the greater amount of work. The question is what kind of time schedule they will give us. MOTION: MAUDLIN moved that they accept the remand and treat this specific area as what we have to address. PRANTE: Second. The motion is to instruct the acceptance of the remand and we will carry out the remand in the specific area in which it is listed. VOTE: APPROVAL, TUTTLE DISSENTING. 1:15 P.M. At this time the Board reconvened as the Deschutes Reconvene as County Dog Control Board. Chairman Tuttle Dog Control explained that the purpose today is to hear from Board the parties of interest relating to a determina- tion of whether dogs were engaged in the killing, injuring or wounding of livestock. Mr. Isham indicated the authority of the meeting, noting the ordinance and ORS 609.155. Chairman Tuttle then read aloud the incident report. Animal Control Officer Leslie Edgecomb came forward to present her report. She stated that on the afternoon of the 26th they received a report at the Sheriff's Office that a goat had been mauled by two dogs and a vet had been called. The vet was still there when she arrived, and said that the goat had very serious injuries and had been chewed around the neck and back legs and one front leg and in his opinion the dogs had intended to kill the goat. Tim Brookhart, the owner of the goat, had followed the dog home and had talked to the owner. The dogs are now impounded. The dogs are described as one black lab and one black and tan German shepard. Ms. Edgecomb examined the dogs' mouths and found hair in both dogs' mouths. Tim Brookhart, 61710 Ten Barr Road, came forward. He stated that he came home shortly after 2:00 PM and his girlfriend asked whose dogs they were and they were both standing over the goat who was not moving. The black dog came at the car and snarled at them. He got his gun and fired two shots without intending to kill them. While that was going on the German shepard was standing over the goat. After firing two shots then they went away from the goat so he quit firing. He stated that he doesn't wish for either of the dogs to be JANUARY 30, 1985 MINUTES: PAGE 6 VOL 65 FACE 534 killed. He was concerned with the vet bills. Doug Fowls came forward. He stated that he saw a pickup coming across the field and he said that they had a vet bill to pay and he asked him to come back and pay the vet bill. Also, the dogs are not free. The German Sherpard was out and his dog was on the line and the German shepard went to his dog and antagonized him and they did snap the cable and then they got together and killed the goat. Terry Hammond, owner of the German shepard, came forward. He said that he left his dog with his friends because it was a better home than where he lives in Portland. He got a call yesterday morning that this happened. He stated that he is willing to pay whatever it takes. He stated that he will pay for the goat and take the dog back to Portland. Chairman Tuttle stated that they have both the State statute and the ordinances don't allow flexibility if the dog was engaged in killing, chasing or injuring livestock. The decision before the Board is whether or not the dog was so engaged. Beyond that, there is no latitude. Tod Monrutzamas, 23630 E. Highway 20, Bend, stated that they would take both dogs out of the County of they were allowed to take them back. MOTION: MAUDLIN moved that the dogs be put to death according to the statute. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. Ponderosa MOTION: PRANTE moved that they not fund the Center JSC Ponderosa JSC application. Application MAUDLIN: Second. VOTE: UNANIMOUS APPROVAL. USFS/ BLM Dave Mohla, US Forest Service, was present to dis- Merger cuss the recently announced merger of the Bureau of Land Management and the Forest Service. There had been a press conference that morning at 11:00 AM and he was here to pass that information on to the local officials. He stated that combining these departments has been talked about for many years, but recently staff had been assigned to work on this and BLM and the Forest Service established an office in Denver to begin imple- JANUARY 30, 1985 MINUTES: PAGE 7 r VOL 5 PAGE 535 menting this project. He discussed how it would effect the public lands on the west coast, particularly in the Northwest. He showed on a map the delineation of what will be BLM and Forest Service managed lands. 35 million acres will be exchanged. 15.5 million acres will be conveyed to the BLM from the Forest Service, and 19.5 will be conveyed to the Forest Service from the BLM. The Forest Service will take over the management responsibilities of significantly larger acreage. All lands west of the Cascade Crest now managed by BLM and O&C will be managed by the Forest Ser- vice. Public lands in Southeastern Oregon will be managed by BLM. This will not affect land exchange contracts, permits, leases, etc. The intent of this program is to lead to legislation that will change management boundaries. Initial cost projects are that facilitation of this merger will cost from $35,000,000 to $40,000,000. It is projected that within a ten year period it will save $25,000,000 to $35,000,000 per year. It will improve services to the public, increase adminis- trative efficiency and cut costs. Meeting with At 2:10 PM, the Board reconvened in a meeting with Central Oregon Central Oregon Pavers, in response to a letter Pavers sent by Bob Johnnie on December 30 and a conversa- tion that Mr. Johnnie had with Larry Tuttle about one week ago discussing concerns Mr. Johnnie had about contracts and contracting with Deschutes County. Bob Johnnie of Central Oregon Pavers was present. He stated that they had previously met with Rick Isham to discuss public contracting. This is the third time they have tried to explain their problem to some degree. Since 1978 their company hasn't done a formal contract for Deschutes County with the exception of one rock crushing contract for the County. He stated that they have not been able to compete on the paving projects and they are bidding on the specs. He listed jobs in which he felt that the contractor had departed from the specs, which had given them an unfair advantage in the bidding process. He stated that there had been one job near Lower Bridge that their company had not been able to bid on because they were not able to complete the job by the date specified. The job was paved in weather that was not good for paving. He stated that they could have bid the job if they had known that they could go past the time limit. He stated that this was JANUARY 30, 1985 MINUTES: PAGE 8 r VOL 65 PAvE 53 with the 1984 Overlay Project, which also included projects on Alfalfa Market and Deschutes Market Roads. Their bid was a non-responsive bid because of the questions they had asked them, they could not put in a competitive bid. Neil Hudson, Director of Public Works, responded that if they have pre-bid questions they must be submitted more than five working days before the bid opening. It would have violated their bidding documents to provide a response. There was a pre -construction conference on Friday. The preconstruction conference that was held was open to all bidders so that everyone had opportunity to come. Mr. Johnnie stated that he has questions pertain- ing to some of the things that have been happening in the past with regard to weather conditions and schedules, test lines and grades on plans. If they are asking money for what they want done when they want a set of plans or if that is just an estimate. Mr. Hoerning explained that they do make some change orders because they did not anticipate certain conditions. If there is adverse weather conditions then they can do an adjustment or if the nature of the work has changed significantly then they can change the length of the time the work is being done. It is up to the Director of Public Works to make that determination. Inspec- tions are made by Bob Kirk or Ted Hurd. These are done in the field with a meeting and either Neil Hudson or Dave Hoerning goes out in the field with a solution that may save the County money. Commissioner Maudlin asked if Mr. Johnnie felt that because there were extensions given that it had put them in a non-competitive position because of the way that the rules are administered to the contractors. Mr. Johnnie said that if he was to receive a job from Deschutes County that the Public Works Dept. would apply rules differently to them than to other contractors. He stated that he bids these jobs on the basis of the specs exactly and they get a time limit and he bids it on that. He knows he can to it in that length of time and that is what it will cost them. He stated that Deschutes County doesn't go through each test that the Oregon State Highway Department has. Their whole bidding process is somewhat JANUARY 30, 1985 MINUTES: PAGE 9 VOL 65 FACE 53 7 different from the State bidding process. Chairman Tuttle asked him to submit to the Board of Commissioners a list of those things that he feels are damaging in their bidding process. Mr. Johnnie said that one of the roads was spec'ed at no pit run gravel with base rocks. The company that got it put on almost no base rock and also the gravel that was used was pit run gravel. Mr. Hudson stated that because of the nature of public bidding they have two things in the contract, one is a statement that the plans and specs are intended to be mutually complimentary and they are to be interpreted as such; and two, if there is a question they have an opportunity to submit that but they must do it in a timely manner. Since they hold all people to the specs, that it seems that even if the questions were rhetorical, they would be obliged to comply with them. The Board asked that Mr. Johnnie put all of these things together in writing and bring them back before the Board so that they can be respond- ed to. They will address this problem in a special meeting. They will set up an afternoon meeting for 1:30 to 3:30 or whatever it takes. The meeting was set for two weeks from today, Thursday, February 14 in the afternoon. B ' g no further business, the meeting was adjoured. CHUTES COUNTY BOARD OF COMMISSIONERS LAURE E A. TLE, CHA AN LOIS BRISTOW PRANTE, COMMISSIONER f D LI, C R ss JANUARY 30, 1985 MINUTES: PAGE 10