2001-102-Minutes for Meeting February 28,2001 Recorded 3/8/2001VOL: CJ2001 PAGE: 102
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-102 * Vol -Page Printed: 03/13/2001 13:59:35
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:
Mar. 8,2001; 3:46 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 8
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 3BB-4752
www.deschutes.org
Tom De Wolf
Dennis R. Luke
MINUTES OF BOARD MEETING Mike Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, FEBRUARY 28, 2001
Chair Tom De Wolf opened the meeting at 10.-05 a. m.
Present at the meeting were Commissioners Tom De Wolf and Mike Daly;
Commissioner Dennis Luke was excused. Also present were Timm Schimke,
Solid Waste Department; Jim Bonnarens, Property Management; Tom Blust,
Road Department; Mike Maier, County Administrator; Rick Isham, Legal
Counsel; George Read, Community Development; two members of the media;
and approximately six citizens.
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1. Before the Board was Citizen Input. o ,
None was offered. - <
2. Before the Board was the Reading of a Proclamation Declaring Mara►
2 {}s
READ TO KIDS DAY in Deschutes County.
Commissioner Tom DeWolf read the Proclamation to the members of the
audience.
DALY: I move that we accept this Proclamation.
DEWOLF: Second.
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Page 1 of 8 Pages
Wednesday, February 28, 2001
Quality Services Performed with Pride
3. Before the Board was Consideration of the Approval of Awarding a
Contract to L & H Grading, Inc., for the Construction of Cell 2 at Knott
Landfill.
Timm Schimke explained there is an apparent low bidder for the project, and
received correspondence from the second lowest bidder in protest of the
acceptance of the other bid. Legal Counsel said that the Board should convene
as the Contracting Board to hear the protest.
DALY: I move that we issue a Notice of Intent to Award the Bid to L & H
Grading, Inc., for construction of Cell 2 at Knott Landfill.
DEWOLF: Second.
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
4. Before the Board was Consideration of a Request by Ron Santos to
Repurchase a County -Owned Property Located in Deschutes River
Recreation Homesites.
Jim Bonnarens explained that the County received an offer for the repurchase of
the property by one of the previous owners. He did an inspection of the
property and found that it is "a wreck". He further explained that if the County
were to clean it up, costs could run from $8,000 to $10,000 in order to haul
away junk cars, storage structures and other debris.
Ken Jones of the Sheriff's Office - Code Enforcement indicated he has had
some previous interaction with the previous owners of the property. He said
that Jim's recommendation is to not allow the repurchase of the property due to
its history, and in any case the lot may not be buildable due to the high water
table.
Commissioner DeWolf said that there is obviously a code enforcement
problem, but that is a separate issue from the repurchase process.
Jim Bonnarens said that statute states that the last owner of record can
repurchase tax -foreclosed property, but it isn't guaranteed. The Board needs to
decide this issue. The property is worth probably less than $5,000, and there
are eight inoperable vehicles, a pull trailer, over 100 tires, structures and other
debris on the property. He further said that it appears these people are only
periodically there, and are not full-time residents.
Minutes of Board of Commissioners' Meeting Page 2 of 8 Pages
Wednesday, February 28, 2001
Ken Jones indicated that the first instance of a code violation occurred in 1996,
and this issue continued on until late 1997, when Mr. Santos was found guilty
of having structures on the property illegally. The Judge allowed Mr. Santos
two options - to correct the problem by March 1998, or to vacate the property
and pay a fine. The case was closed in late 1998 without either things being
done, which ties into the time frame when the property was foreclosed for
unpaid taxes.
Jim Bonnarens said that the foreclosure was due to nonpayment of taxes only,
and had nothing to do with code violations. The County has owned the
property for about three years. He said he has been trying to contact Mr.
Santos, but there is no answer at the phone number Mr. Santos gave him.
Rick Isham stated that he thinks this is a request for repurchase subject to an
unresolved code violation situation. It seems appropriate to allow the
repurchase, but that a continuation of the code violations cannot be allowed. He
recommended that a letter be sent to Mr. Santos that states before considering
his offer to repurchase, the County will give him thirty days to clean up the
property, with a receipt showing the debris went to a County landfill.
Jim Bonnarens stated that if Mr. Santos is allowed to be on the property to clean
it up, some kind of insurance is required. Mr. Santos will need to provide proof
of insurance. He explained that if the County does not sell it, it would still have
to be cleaned up as has been done on previous occasions.
The Board instructed Jim Bonnarens to draft the appropriate letter to Mr.
Santos, and to have it reviewed by Legal Counsel before sending it out.
6. Before the Board was Consideration of Signature of Resolution No. 2001-
007, Adopting the Roadside Safety Management Plan.
Commissioner Daly asked for some time to go over this plan with Tom Blust of
the Road Department before voting. It will be placed on next week's agenda.
Before the Board was the Consent Agenda.
DALY: I move approval of Consent Agenda.
DEWOLF: Second.
Minutes of Board of Commissioners' Meeting Page 3 of 8 Pages
Wednesday, February 28, 2001
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
Consent Agenda Items:
5. Signature of Order No. 2001-026, Surrendering a Portion of NW 19th Street to
the City of Redmond;
7. Signature of Letters Appointing Dick Ettinger, Robert Marheine, William Shive
and Heidi Bowman to the Noxious Weed Advisory Board;
8. Approval of a Lease Agreement with Xerox for a Multi -Function
Copier/Printer/Scanner for Community Development;
9. Approval of a Request by David Patzer to Purchase a County -Owned Parcel
Located in Oregon Water Wonderland;
10. Signature of Order No. 2001-027, Authorizing the Sale of County -Owned
Property (Located off Northwest Way, near Redmond) to Kevin Peterman;
11. Signature of a Letter Appointing M. David Elliott to the Project Impact Board;
12. Acceptance of a Grant and Loan from the Oregon Economic Development
Department for the Completion of the Deschutes County Fairgrounds and Expo
Center Parking Lot Project;
13. Signature of a Letter Appointing Tom Kelly of Sunriver to the Board of
Trustees of the Four Rivers Vector Control District, through June 30, 2002; and
14. Signature of a Letter Re -appointing Sharon Kelley to the Board of Trustees of
the Four Rivers Vector Control District, through June 30, 2003.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
A. APPROVAL of Weekly Accounts Payable Vouchers for the Extension/4-H
County Service District (for Two Weeks) in the Amount of $964.20.
DALY: I move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Page 4 of 8 Pages
Wednesday, February 28, 2001
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. APPROVAL of Weekly Accounts Payable Vouchers for the 9-1-1 County
Service District (for Two Weeks) in the Amount of $6,429.98.
DALY: I move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
17. APPROVAL of Weekly Accounts Payable Vouchers for Deschutes
County (for Two Weeks) in the Amount of $1,386,914.88.
DALY: I move approval, subject to review.
DEWOLF: Second.
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
18. ADDITIONS to the Agenda:
A. Before the Board was Consideration of Signature of a Letter Appointing
June Slaugenhaupt to the Special Transportation Advisory Committee,
through December 31, 2003.
DALY: I move approval.
DEWOLF: Second.
VOTE: DALY: Aye.
DEWOLF: Chair votes yes.
B. Before the Board was a Discussion Regarding Resource Advisory
Committee Applications and Nominations.
Tom Blust indicated that he has received fifteen applications for positions on
the RAC. Deschutes County has fourteen available slots. The applications
cover all of the categories, and are fairly broad based.
Minutes of Board of Commissioners' Meeting Page 5 of 8 Pages
Wednesday, February 28, 2001
Mr. Blust further stated that seven counties plus the forest service will also be
requesting and reviewing applications. It is anticipated that this process will
conclude in mid-March. The applications will be prioritized and the decision
regarding the new committee members will ultimately be made by the Forest
Service. The County is essentially collecting and screening applications and
making recommendations regarding the nominees.
C. Before the Board was a Citizen Inquiry regarding the Status of the
Fairgrounds Parking Lot Contract.
Citizen and Contractor Ron Robinson, of Jack Robinson and Sons, Inc., asked
about the status of the contract for work to be done to the Fairgrounds parking
lot.
Commissioner DeWolf explained that a decision has been made based on the
options detailed. He said he couldn't base his decision on other than the best
evidence he had received, as he is not as knowledgeable about contracting as
are the other two Commissioners.
He further explained that the decision was made on Monday and, because of
all the calls and e-mails he has gotten regarding the use of cinders, he called
Matt Steele (of Hickman Williams Engineering). He called Mr. Steele if
cinders are not acceptable, why are they being considered; Mr. Steele replied
that cinders are a viable option. He further explained that the roads and the
high -traffic areas would be done in four inches of gravel; the parking areas
will not be subjected to high traffic and cinders are a reasonable alternative.
Commissioner DeWolf talked with Jeff England, who is with the City of
Redmond; Mr. England stated he had previously thought that the roadways
would also be cinders, but is comfortable with gravel on the roadways and
cinders on the parking area. Dan Despotopulos of the Fairgrounds has
indicated that the Family Motor Coach Association prefers gravel, but that
cinders are acceptable.
Commissioner DeWolf further explained that the Board doesn't know if this
area is going to be used again in the near future; and even if it is used once a
month or so, the cinders will last a significant amount of time.
Minutes of Board of Commissioners' Meeting Page 6 of 8 Pages
Wednesday, February 28, 2001
Commissioner DeWolf also said that everyone agrees that this area will likely
experience considerable change, and the cinders don't have to be removed if
another use is found for the area. If this becomes a high -use area, the County
will have to revisit the situation anyway. He stated that his opinion is based
on what the engineers have indicated is acceptable, and this is the lowest bid
in a situation that is awkward at best.
Commissioner Daly stated that his decision was based on the fact that he
knows the business, and for the type of use this parking lot will get, cinders
would be acceptable. Cinders are half the cost of gravel, and he feels that two
inches of either is not adequate, but it would cost around $250,000 to put
gravel down. If this were a high use area, he would agree that gravel is
necessary. He further stated that the County has to go the cheapest possible
route for the taxpayers, and this was the best way.
Mr. Robinson then asked if the Board had considered dust control.
Commissioner Daly replied that dust control was not considered, but there
will probably have to be watering trucks for the gravel anyway. He said that
the Board is aware that cinders track, but that this is a small problem when
considering the cost to the taxpayers. This will be used very little as far as
we can tell at this time.
Commissioner DeWolf said that this is an awkward situation we were thrown
into. Commissioner Daly explained that if the County were thinking of paving
the parking lot in the near future, we would not consider cinders; obviously
we're not.
Commissioner DeWolf stated that the County can't borrow any more money,
nor has it identified any place that those funds can come from.
Mr. Robinson said that he feels it should be done right from the beginning.
Commissioner DeWolf replied that Mr. Robinson had the same option to bid
cinders.
Mr. Robinson explained that his company doesn't want to be involved in
projects with heavy cinders, as motorhome owners are going to be very
particular. Commissioner DeWolf replied that cinders were indicated as an
alternate, and should not have been an option if they are that bad. He further
said that the Board is obligated to go with the least expensive option for the
taxpayers.
Minutes of Board of Commissioners' Meeting Page 7 of 8 Pages
Wednesday, February 28, 2001
Commissioner Daly explained that the County has to go with the lowest bid,
and that Mr. Robinson has fourteen days to protest. Mr. Robinson said that he
doesn't feel that would be in the best interests of the public.
Being no further items to address, Commissioner De Wolf adjourned the meeting at
10: 45 a.m.
DATED this 28th Day of February 2001 for the Deschutes County Board of
Commissioners.
77:t:�)a �1�1
Tom DeWolf, it
Dennis R. Luke, Commissioner
ATTEST:04(u
Michael M. Daly, Co issioner
Recording Secretary
Minutes of Board of Commissioners' Meeting Page 8 of 8 Pages
Wednesday, February 28, 2001
