2000-641-Minutes for Meeting April 19,2000 Recorded 5/9/2000VOL: CJ2000 PAGE: 641
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2000-641 * Vol -Page Printed: 05/09/2000 13:13:54
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
May. 9, 2000; 9:07 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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COUNTY GLEi<K (541) 388-6570 - Fax (541) 388-4752
www.co.deschutes.or.us
MMINUTES Linda L. Swearingen
1. ll\ V 1 v Tom DeWolf
Dennis R. Luke
MEETING OF DESCHUTES COUNTY BOARD OF COMMISSIONERS_
. AND THE DESCHUTES COUNTY FAIR BOARD
1.00 A.M., -WEDNESDAY, APRIL 199 2000
Chair -Linda. Swearingen. opened. the meeting at 10:00 a.m.... Commissioners
present were Linda L. Swearingen, Dennis R. Luke and Tom DeWolf. Also in
attendance were Rick Isham, Legal Counsel; and Michael Maier, County
Administrator.
Neil Davis of the Deschutes County Fair Board convened a meeting of the Fair
Board. Other members present were David Bishop and Don Miltenberger. Also
present was Elton Gregory, representing the Fair Association.
This Joint Meeting of the Deschutes County Board of Commissioners and the
Deschutes County -Fair Board was called to discuss, among other items, obtaining
proper signage for the Fairgrounds.
Rick Isham indicated he had. discussed signage with Carlson Sign Company, and
they considered the work they have produced on this sign package as proprietary.
.They fiirther feelthat the. County should not be able to use the sign designs forbid
purposes.
He stated that there are some alternatives. One would be to negotiate with Carlson
to purchase their work product, and that this is the quickest way to get the signs
produced. Another alternative would be a two-part bidding process where all
interested sign companies that might be interested make proposals for selection of
design; but Carlson would object to the release of their designs to any other
companies.
BOARD OF COMMISSIONERS' MEETING
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000
Quality Services Performed with Pride
Page 1 of 7
Commissioner DeWolf asked if general parameters would be given in the bid
process. Commissioner Luke asked Elton Gregory if the Fair Association had
purchased the design; Mr. Gregory answered that the Association had purchased
the logo, but not the design. He indicated that the arrangement was just for specs,
but not to use their design.
Commissioner Swearingen stated that the Association had already had committee
meetings on this issue who spent a great deal of time on this, and it does not make
sense to go to other sign companies at this point. She suggested negotiating with
Carlson to buy the dF�sign, and then go out for bid.
Rick Isham indicated that he had not been in contact with Carlson on this issue yet,
as he was not sure how the Board of Commissioners wanted to proceed. He said
that this may fall under the category of the County's contract rules, which allows
making a selection not based on the low bid, but, since artwork is involved, to go
through procurement based on an oral description. Submittals would be provided
based on this oral description.
Commissioner Luke suggested purchasing the design. He said that this would be.
the least expensive way to go, as specs would have to be developed.
Mr. Isham stated that there are other issues involved, such as possible sign permits,
seismic, electric and geotechnical codes; and that the City of Redmond says a
thirty-foot sign is all that would be allowed. (General discussion of this limitation
followed.)
Commissioner DeWolf asked if the design is engineered; Mr. Isham answered
"no", that engineering would have to be paid for anyway. Commissioner DeWolf
then asked what the cost might be, and Mr. Isham answered it is unknown, but the
total proposal was under $160,000.
Neil Davis stated that it appears all that the Board got from Carlson was the logo,
the art print and tear sheets, and feels this cost should be no more than $600. He
asked what they would be buying if they anything from Carlson, since the
engineering is not done. What they need is a spec sheet so that a comparison could
be done between the different sign contractors' bids.
BOARD OF COMMISSIONERS' MEETING Page 2 of 7
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000
Commissioner DeWolf explained that if Carlson claims their design work is
proprietary, they could sue if the County used it, which may tie up the issue even
longer. Rick Isham said Carlson advised they did not want other sign companies
bidding their design work.
Commissioners Luke and Swearingen said that they felt this is fair. Commissioner
Swearingen stated that if Carlson is not willing to sell their design at a reasonable
cost, perhaps the County could go out for a Request for Proposals. Commissioner
Luke suggested that Steele and Associates or Heery International design some
specs to use in the bid process.
Commissioner DeWolf said that Carlson has the upper hand, since the County and
Fair already like what they have presented, and other companies may not want to
bid under those circumstances.
Rick Isham stated that it is difficult to describe in words what is needed, since it is
not yet engineered. Commissioner Swearingen recommended Carlson's designs be
set aside, and start over, opening up the RFP process to all.
Commissioner DeWolf asked what might happen if the City of Redmond will only
allow a 30 -foot sign. Commissioner Swearingen asked if it had to be that specific.
Commissioner Luke said that there have to be specs to be able to go out to bid.
Elton Gregory said that the pictures could not be used, as they went through a
lengthy process with Carlson, and their information includes types of materials,
sizes and so forth.
Commissioner Swearingen stated that there is a list of required signs. Rick Isham
said it would be hard to put out to bid without designs and drawings. Elton
Gregory suggested that potential bidders be brought on site to give their opinions
and vision. (General discussion followed.)
Mike Maier stated that the Fair Association is paying for the signs, and questioned
whether they would have to go out to bid at all. Rick Isham said that no one would
engineer the complete design process without knowing they will get the bid, as it is
too costly for them to do. Commissioner Swearingen suggested that an RFQ
happen right now for immediate work. Rick Isham recommended they go out for
design, engineering and building bids; that a walk-through may help, but questions
and answers have to be detailed. He said this could be prepared in about a week's
time.
BOARD OF COMMISSIONERS' MEETING Page 3 of 7
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000
Commissioner Luke asked who would look at the specs; Rick Isham answered that
perhaps David Ford of Heery International could do so. Commissioner DeWolf
said that this needs to be done right, and not rushed. Commissioner Swearingen
said that the signs need to be prioritized according to need. Commissioner Luke
suggested that an expenditure for Heery to assist be authorized. Rick Isham said
that an existing Heery document could be used to draft this.
Commissioner Swearingen asked if the County can loan money to the Fair Board,
with a signed agreement detailing that full reimbursement is to come when the Fair
Association property - the old fairgrounds - sells. (General discussion ensued.)
Elton Gregory said that the Fair Association meets on April 20, 200, and this could
be brought before them then. Rick Isham stated that they need to be sure that the
signage issue is made a part of this agreement, along with the cost of litigation and
the contract with Pat Young.
Commissioner Luke recommended that they move forward with Heery developing
signage specs.
David Bishop stated that he is not comfortable using primarily employees and staff
to develop signs. He suggested that there be a more broad-based group making
these decisions, such as 4-H and Extension members, ADA/handicapped, livestock
owners, and other users. Commissioner DeWolf suggested that a committee
involving these groups be put together to help with input as to what is needed in
the RFP process as well. Rick Isham said that some type of budget needs to be
detailed so that whoever bids will know what cost range they should be in.
It was suggested that the signage, process could follow a double track: designing
signage needs, and bidding the budget to know the maximum money required.
BISHOP: I make a motion to have the County Fair Board encourage the Fair
Association to move forward and convene a community broad-based
committee for the benefit of signage at the Fair and Expo Center.
This committee would include users, perhaps Fair Board members,
visitors, and/or employees to develop signage requirements as they
see fit for the purpose of supplying that information to whomever they
contract with for specifications, design requirements and later
engineering.
MILTENBERGER: I second.
BOARD OF COMMISSIONERS' MEETING Page 4 of 7
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000
VOTE: BISHOP: Aye.
DAVIS: Aye.
MILTENBERGER: Aye.
Neil Davis suggested that this be done before the FRP's go out. Rick Isham stated
that Heery could possibly staff this committee to guide its members in their
decisions, as this information could go directly into their specs.
Rick Isham then indicated that a formal contract with Pat Young is almost
completed, and has been discussed with the County's Director of Finance, Marty
Wynne. The details are $31.25 per hour, 32.5 cents per mile reimbursement for
one trip per week to and from Albany, $59.00 per day lodging reimbursement as
necessary, and $38.00 per day per diem for meals and miscellaneous expenses;
with a maximum consideration of $10,000.
Mr. Isham further stated that the scope of work is to be the development of a
current balance sheet for the Fair Association, monthly operating statements
showing income and expenses for January 2000 through May 2000, and the
development of two budgets. One would be a budget for the annual County Fair,
including a cash flow projection; the other would be a budget for all other
operations. He explained it is not a requirement that these two budgets be split out,
but it enables one to view the County Fair as a profit center, versus the Expo
Center as a profit center. By having monthly cash flow projections in the overall
budget, it will be easier to determine where the money meets expenses and where
expenses exceed the money on a monthly basis.
Commissioner DeWolf asked why the monthly operating statements will only go
back to January 2000, and why not back to when the Fairgrounds opened in 1999.
He said this would enable everyone to view a year's worth of income and expenses.
Chair Swearingen responded that there is probably not enough time to go through
that process, as it involves too much work in too little time. Elton Gregory
concurred that the timing is critical right now.
Chair Swearingen indicated that other items needs to be addressed, such as a
schedule of deposits. Rick Isham stated that this would be included along with the
preparation of a debt schedule.
BOARD OF COMMISSIONERS' MEETING Page 5 of 7
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000
Commissioner Luke stated that the Association's records are not public records,
under the Public Records Law; and the Board of County Commissioners would
like to have access to the reports prepared by Pat Young. He asked if there would
be a problem with that from the Fair Association's perspective. Elton Gregory
responded that this would not be a problem, that they could be treated as County
records.
Commissioner Luke explained that if the Fair Association requested Pat Young to
do further work beyond what the County wants, this would be between Mr. Young
and the Fair Association. Elton Gregory said this is understood.
Chair Swearingen said she did not intend for the cost of Pat Young's scope of work
as desired by the County to be reimbursed to the County. The County will to cover
this as a donation, as a gesture of goodwill, and to show the County is committed
to this process.
Rick Isham explained that the contract is between the Fair Board and Pat Young,
and provides for the Fair Association and the Board of County Commissioners to
approve it. Therefore, all parties would sign the document, with the report being
available to all three parties.
LUKE: I move that the County fund Pat Young to carry out the items
listed by the contract between Pat Young and the Fair Board as
drafted by Rick Isham, subject to review and agreement by all
parties.
SWEARINGEN: I second.
VOTE: LUKE:
DEWOLF:
SWEARINGEN:
Aye.
Yes.
Chair votes aye.
Members of the Fair Board stated that they would review and approve the contract
by their signatures at their next regular meeting.
Neil Davis asked if the County Commissioners would like copies of the meeting
minutes of the Fair Board's meetings. The Commissioners indicated that would be
helpful; and minutes from meetings between the County Commissioners and the
Fair Board would be forwarded to the Fair Board for their records.
BOARD OF COMMISSIONERS' MEETING Page 6 of 7
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000
BISHOP: I move that the Deschutes County Fair Board accept
responsibility to be the entity to accept Pat Young's
report and information on a regular basis. I also move
that a member of the Board be appointed to meet with Pat
Young on a weekly basis to obtain updates and, in turn,
report back to the Fair Association, the Fair Board and
the Deschutes County Commissioners.
MILTEN13ERGER: I second.
VOTE: BISHOP: Aye.
DAVIS: Aye.
MILTENBERGER: Aye.
General discussion then occurred about scheduling future meetings.
BISHOP: I move we adjourn.
MILTENBERGER: Second.
VOTE: DAVIS: Aye.
BISHOP: Aye.
MILTENBERGER: Aye.
Being no further items to address, Chair Linda Swearingen adjourned the meeting
at 12:10 p. m.
Dated this 19th Day of April 2000 for the Deschutes County Board of
Commissioners.
Linda L. Swearin n, Chair
ATTEST: Dennis R. Luke, ConuWssioner
Tom DeWolf, Commissioner
BOARD OF COMMISSIONERS' MEETING Page 7 of 7
WITH THE DESCHUTES COUNTY FAIR BOARD
Wednesday, April 19, 2000