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2002-870-Minutes for Meeting May 20,2002 Recorded 5/23/20021130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf Dennis R. Luke Mike Daly MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MAY 209 2002 Commissioners' Hearing Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly. Also present were Mike Maier, County Administrator; Rick Isham and Laurie Craghead, Legal Counsel; George Read, Tom Anderson, Paul Blikstad, Kevin Harrison, Christy Morgan and Damian Syrnyk, Community Development; Sue Brewster, Sheriff's Office; Jenny Scanlon, Commissioners' Office; Tom Blust and George Kolb, Road Department; Media Representative Barney Lerten of bend.com; and one other citizen. Chair Tom DeWolf opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Discussion regarding the Reading of a Proclamation, Declaring May 20 through 26 "Make an Impact Week" in Deschutes County. Chair De Wolf indicated this item should be removed from the agenda. Minutes of Board of Commissioners' Work Session Monday, May 20, 2002 Page 1 of 6 Pages Quality Services Performed with Pride 3. Before the Board was a Discussion regarding the Reading of a Proclamation, Declaring May 6 through 12 "Compost Awareness Week" in Deschutes County. Chair DeWolf indicated this item should be removed from the agenda. 4. Before the Board was a Discussion and Consideration of Signature of an Amended Two-year Contract Extension with Aramark, Inc. for Correctional Facility Food Services. Sue Brewster indicated that the contract is effective through 2003, at which time the Department will need to go out for bids. She stated if the quality of the food does not improve, the price will be lowed. The Jail Captain determines the quality of the food, and Aramark, Inc. is okay with that. This was placed on the Consent Agenda. 5. Before the Board was a Discussion and Consideration of Signature of a Real Property Lease between Deschutes County and ALTRA LLC, for Building Space to House the La Pine Parole and Probation Office. This was placed on the Consent Agenda. 6. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2002-039, Regarding the Annual Election to Receive National Forest -Related Safety Net Title II and Title III Payment Allocations (under P.L. 106-393). Tom Blust said he still hasn't been able to get an answer regarding PILT dollars. A discussion occurred regarding these figures and ever-changing information. Mr. Blust recommended leaving the percentages the same as last year, to be safe. Mike Daly said that he toured one of the work camps, and perhaps some of this would apply. Mr. Blust replied that if the work is done on U.S. Forest Service land, it's possible. Minutes of Board of Commissioners' Work Session Monday, May 20, 2002 Page 2 of 6 Pages 7. Before the Board was a Discussion and Consideration of Signature of Resolution No. 2002-010, Adopting a Four -Year Road Capital Improvement Plan and a Twenty -Year Transportation System Plan (TSP) Project List. Steve Jorgensen said a public hearing is to be held on Wednesday. (He then referred to an oversized map detailing the projects) This will be on the Wednesday, May 22 agenda. 8. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-063, Changing the Name of this Road named "Mountain View" (located near Fall River) to "Mountain View Court". This was placed on the Consent Agenda. 9. Before the Board was a Discussion regarding the Continuance (from April 10, 2002) of Appeal No. A-01-18/File No. LR -99-49, an Appeal of the Hearings Officer's Decision on a Lot of Record Verification (Rastovich Property). Damian Syrnyk indicated that the Rastovich's attorney indicated he would be delivering a letter in a day or two, dismissing their request for an appeal at this time. They feel they will be able to work within the language of HB 3326. This will be on the Wednesday, May 22 agenda. 10. Before the Board was a Discussion of a Decision (Continued from May 8) and Consideration of the First Readings of Ordinance No. 2002-001 and Ordinance No. 2002-002, Revisions to the Comprehensive Plan and Zoning Ordinance for the Rural Service Centers of Alfalfa, Brothers, Hampton and Millican (to Comply with State Rule regarding Unincorporated Communities). Christy Morgan said that they have revised language to the comprehensive plan and zoning. The exceptions for Alfalfa are the three items that were agreed upon to not be allowed, and a building height restriction. Minutes of Board of Commissioners' Work Session Monday, May 20, 2002 Page 3 of 6 Pages Chair DeWolf said he has received an e-mail from an Alfalfa constituent regarding plans for a bar and strip club, but he has heard nothing further about this rumor. Christy Morgan replied that Community Development has not received any applications. Chair DeWolf said that some people would like to see the school property included; it could be designated on the comp plan but the zoning would not be changed. He indicated he has been receiving calls from citizens, both "for" and "against" this change. Ms. Morgan said she has received this input as well. Chair DeWolf stated that this would save one step in the land use process, since it would already be in the comp plan, but the owners of the property would still have to go through zoning process. There is no guarantee of a zone change. Commissioner Luke added that it would take a full public process as well. This will be on the Wednesday, May 22 agenda. 11. Before the Board was a Discussion of a Public Hearing (Continued from May 14) regarding a Decision on the Approval of an Application for a Final Master Plan (FMP) and Other Agreements relating to the Proposed Resort at Pronghorn (formerly Huntington Ranch). Paul Blikstad said that he has received a draft document from Attorneys Ball Janik, and it is being reviewed by Legal Counsel. Laurie Craghead stated that she assumes the Board will be approving this document, which should be finalized today. There is also an improvement agreement regarding the cost allocation of the permanent secondary road. This will be on the Wednesday, May 22 agenda. 12. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-057, Approving the Annexation of Walker Annexation Territory into Rural Fire Protection District No. 2. This also involves a Public Hearing, and will be on the Wednesday, May 22 agenda. Minutes of Board of Commissioners' Work Session Monday, May 20, 2002 Page 4 of 6 Pages 13. Before the Board was a Discussion and Consideration of Signature of a Letter in Response to a Request for an Extension of a Code Enforcement Action (regarding an Illegal Dwelling). Laurie Craghead indicated this involves the Devitt property. This was placed on the Consent Agenda. 14. Before the Board was a Discussion of a Protest of a Notice of Intent to Award Contract for the Deschutes County Fair & Expo Sign and Signal Project. Rick Isham explained that this is in regard to the project extending fire optics to the sign, which was a bid bond process. There was no waiver of the bid bond or performance of payment bond. Christensen Company came in at $51M, but failed to include information on their bid bond. Dan Despotopulos issues a notice of intent to award the contract to TomCo because the lowest bidder, Christensen, did not submit their bid bond, making their bid non-responsive. Mr. Isham said that he spoke with a representative of Christiansen Co., who said there was a foul up due to a change in bonding companies. They will be writing a letter of protest. Since there is going to be a protest, the contract was not offered to TomCo and has been put on hold. On Wednesday both parties will have an opportunity to appear before the Board and present evidence to the Board of County Commissioners, which acts as the Contract Review Board. He further explained that if the Board finds in favor of the lower bid, a new notice of intent to award would be issued. At that time, TomCo could protest. If the decision of the Contract Review Board (which is the Board of County Commissioners, per County Code) is challenged, it will happen in Circuit Court. This will be on the Wednesday, May 22 agenda. 15. Before the Board was a Discussion and Consideration of Signature of Order No. 2002-076, Transferring Cash Among Various Funds in the Deschutes County Budget for Fiscal Year 2001-02. This was placed on the Consent Agenda. Minutes of Board of Commissioners' Work Session Monday, May 20, 2002 Page 5 of 6 Pages 16. ADDITIONS TO THE AGENDA None were offered. Being no further discussion offered, Chair De Wolf adjourned the meeting at 11:10 a.m. DATED this 20th Day of May 2002 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Minutes of Board of Commissioners' Work Session Page 6 of 6 Pages Tom DeWolf, Chair Dennis R. Luke, Commissioner Mic el M. Daly, C issioner Monday, May 20, 2002