2003-60-Minutes for Meeting January 22,2003 Recorded 1/29/2003DESCHUTES COUNTY OFFICIAL RECORDS CJ 1003'60
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 01/29/2003 11:49:20 AM
111111111111111111111111111111111111
2003000060
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 229 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom DeWolf was out of town. Also present were Mike Maier, County
Administrator; Susan Ross, Anna Johnson, David Givans and Bonnie Baker,
Commissioners' Office; George Read, Catharine Tilton, Kevin Harrison and Chris
Schmoyer, Community Development; Gary Smith and Greg Canfield, Mental
Health Department; George Kolb and Gary Judd, Road Department; Rick Isham
and Laurie Craghead, Legal Counsel; media representative Barney Lerten of
bend.com; and eight other citizens.
Chair Dennis Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Scheduling a Public Hearing to
Address a Zone Change and Plan Amendment for File # PA-025/ZC-02-39
the Expansion and Improvement of the Oregon Water Wonderland Unit II
Sewer District.
Chris Schmoyer explained that a zone change is needed to modify 480 acres
that is now zoned forest to rural residential RR -10, applying the limited use
combining zone, that is limited to a utility facility, which in this case would
improve and expand a sewer facility.
Minutes of Board of Commissioners' Meeting w eanesuay, j aiivai y
Page 1 of 13 Pages
The only other option is to pump into the Sunriver sewer system, which may be
cost prohibitive. There is a deadline for a grant for the Oregon Water
Wonderland II system improvements. A hearing date of February 25 at 3 p.m.
has been worked out.
George Read added that there is no specific deadline, but that this should not be
held up for more than a few months as they want to get started on building the
sewer plant as soon as possible. Two hours should be sufficient time for the
hearing, and a decision of the Board isn't expected at that time. The Planning
Commission made a recommendation to extend the sewer, with conditions.
Many of the issues have already been addressed. It is not economically feasible
for the District to run the system to Sunriver, and no negotiations are taking
place in that regard.
3. Before the Board was Consideration of Signature of an Intergovernmental
Agreement between Deschutes County and the State of Oregon, Reducing
Funding for Chemical Dependency Services by 25%.
Greg Canfield gave a brief overview. This is a new contract with the State,
which is driven by the changes implemented by the legislature.
It details a reduction of 25% of services, including a reduction of 60% of
caseload. The service is required; and for many of these services, they are
subcontracted out to agencies.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Rick Isham stated that the large contract just approved makes a number of
changes, including a reduction to payments to subcontractors, and who is eligible
for what. As of March 1, the OHP standard benefit plan will not include
chemical dependency treatment services, unless the State changes its plans.
Basically, the subcontractors are the same except for CODA, which is going out
of business. In its place, a subcontract will be put into place with Lane County,
which is the closest location for methadone treatment services. There will be
additional changes as of March 1. It is hard to stay ahead of the State at this
point, and it is not entirely clear what the rates might be.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 2 of 13 Pages
DALY: Move approval, subject to legal review, of subcontracts with Serenity
Lane, Rimrock Trails, Pfeiffer, Best Care, and Lane County.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Signature of a Contract between
Deschutes County and ABHA (Accountable Behavioral Health Alliance) for
Quality Management Services to ABHA on Behalf of Deschutes County
Mental Health, through June 30, 2003.
Gary Smith said that this contract allows additional revenue into his
department, which will cover 60% of one existing staff person's expenses. This
existing employee is qualified, and this action cuts the overhead of the
department. It will be $16,000 this year, and $39,000 next year.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
5. Before the Board was Consideration of Signature of an Amendment to a
Contract between Deschutes County and ABHA, for Client Services
relating to the "Park Place" Program.
Greg Canfield explained that this agreement amends an existing contract
regarding crisis related services. The amendment stems from some of the same
changes from the State OMAP. Some mental health services will be accepting
co -pays for services; simultaneously the State has reduced habitation rates,
receiving less money for people qualified for services in the County. This is
supposed to be made up with co -pays. In addition, required HIPAA language is
being incorporated.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 3 of 13 Pages
6. Before the Board was Consideration of Signature of a Deed of Dedication
and Acceptance for a Public Right -of -Way along Almeter Way, near
Terrebonne.
George Kolb said that this involves ten feet of right of way on the east side of
Almeter Way. The people who own property to the east approached the
department and asked if the County needed additional right of way for curbs,
etc. By getting an additional ten feet, it allows for rock removal and opens up
sight distance.
DALY: Move signature of the deed of dedication.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move signature of the acceptance.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
7. Before the Board was Consideration of Signature and Acceptance of a
Deed of Dedication in regard to a 60 -Foot Strip of Land pertaining to
Hurtley Ranch Road Local Improvement District.
Gary Judd stated that it was discovered that the road was deeded to the County
twenty years ago but was never formally dedicated. No objections have been
received.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
8. Before the Board was Consideration of Signature of Resolution No. 2003-
006, Initiating Proceedings for the Hurtley Ranch Road Local
Improvement District.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 4 of 13 Pages
Gary Judd explained that the petition and filing fees have just been received. It
has to be a public road for a LID to be formed. Ten out of thirteen signatures
were received. Deschutes County was a non -signer, but still has to pay for its
share of improvements.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
9. Before the Board was Consideration of Signature of Order No. 2003-007
through 2003-011, Establishing a 30 -Mile Per Hour Speed Zone on Certain
Roads with Bend -Cascade View Estates Tract 2.
Gary Judd said that during the summer, some of the roads in their special road
district were paved. They would now like to establish speed zones. The
County Road Department will put up the signs, but the district will be
responsible for the maintenance of speed zones. The studies justify 30 miles
per hour.
DALY: Move approval of Order No. 2003-007.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move approval of Order No. 2003-008.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move approval of Order No. 2003-009.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 5 of 13 Pages
DALY: Move approval of Order No. 2003-010.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move approval of Order No. 2003-011.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
10. Before the Board was Consideration of Signature of the Acceptance of
Deeds of Dedication for Property Acquired in the Construction of Johnson
Market Road Bridge, for Public Right -of -Way Purposes.
Gary Judd stated that they now have deeds of dedication from all the property
owners; the Board needs to sign acceptances now. All that needs to be done
now is paving.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
11. Before the Board was Consideration of Signature of an Intergovernmental
Agreement between Deschutes County and the City of Bend in regard to
Building Inspection Services relating to the County/State Building to be
Located at 1300 NW Wall Street.
George Read asked that this be deferred until tomorrow's meeting of the Board
with the City of Bend Council, as there has been some confusion at the City level.
12. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and Merrill O'Sullivan, LLP, for
Hearings Officer Services (Tia Lewis).
George Read asked for a postponement for a week, as the contract is
undergoing legal review and possible changes.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 6 of 13 Pages
13. Before the Board was Consideration of Signature of a Personal Services
Contract between Deschutes County and Karen Green (dba Green &
Associates), for Hearings Officer Services.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
14. Before the Board was Consideration of Signature of Letters Appointing the
Following Individuals to the Transferable Development Rights Review
Committee (regarding the La Pine New Neighborhood project):
Through January 2005: Steve George (Oregon Department of Fish & Wildlife), Dean
Cameron (Appraiser), Vic Russell (excavation contractor, La Pine), and Steve Wert (soil
scientist); and
Through January 2004: John Fettig (Realtor), Vicki Allen (La Pine Area Resident), Jon
Jinnings (Oregon Department of Land Conservation and Development, Community
Solutions Team), and John Forbes (La Pine Community Action Team).
Catharine Tilton explained that the duties of the members are to monitor the
program and make policy recommendations to the Board regarding
implementation. All have agreed to serve, and the requirements for certain
types of expertise have been addressed.
DALY: Move approval of the two-year appointments.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
DALY: Move approval of the one-year appointments.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
15. Before the Board was Consideration of Scheduling a Public Hearing
regarding Land Use File #TA -02-11, Requesting Changes in Zoning in the
Wickiup Junction Commercial/Residential District (Applicant. Wanek).
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 7 of 13 Pages
This was rescheduled to February 12 at 10:00 a.m., when all three
Commissioners are available.
16. Before the Board was Consideration of Whether to Hear an Appeal of the
Hearings Officer's Denial of a Conditional Use Permit for a Non -Farm
Dwelling (File #CU -02-75; Appeal #A-03-1, Applicant. Kdamarek).
Kevin Harrison said t hat a staff report has already been provided to the Board.
The 150 -day time period expires on March 6.
Commissioner Luke said he is not ready to decide, and suggested that it be
moved to next Monday when Commissioner DeWolf has returned.
17. Before the Board was Consideration of Signature of Order No. 2003-006,
Authorizing the Refund of Taxes in the Amount of $89.69.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
18. Before the Board was Consideration of Signature of Resolution No. 2003-
008, Transferring Appropriations within the Health Benefits Trust Fund
for Fiscal Year 2002-03, and Directing Entries.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
19. Before the Board was Consideration of Signature of Order No. 2003-005,
Transferring Cash among Various Funds, as Budgeted in the Deschutes
County Budget for Fiscal Year 2002-03, and Directing Entries.
DALY: Move signature.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 8 of 13 Pages
VOTE: DALY: Yes.
LUKE: Chair votes yes.
20. Before the Board was Consideration of Signature of a Letter Appointing of
Ric Nowak (Sisters Area Chamber of Commerce Director) as an Alternate
Member of the Central Oregon Community Investment Board.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
21. Before the Board was Consideration of the Ratification of a Letter to the
Federal Highway Administration, the Oregon Department of
Transportation, and the U.S. Forest Service, Expressing the County's
Concerns regarding Potential Delays to the Improvement of Road 45
(Sunriver to Mt. Bachelor).
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
22. Before the Board was Consideration of Signature of a Letter Reappointing
Peter Cecil to the Board of the River Bend Estates Special Road District,
through December 31, 2005.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
23. Before the Board was Consideration of Signature of a Letter Reappointing
John Leavitt to the Deschutes County Fair Board, through December 31,
2005.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 9 of 13 Pages
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
24. Before the Board was Consideration of Approval of the Appointment of
Commissioner Dennis R. Luke to Represent Deschutes County on the
Central Oregon Commission on Transportation, with Commissioner
Michael M. Daly Serving as Alternate.
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
25. Before the Board was Consideration of Signature of a Letter Appointing
Frank Pennock to the Deschutes County Classification Committee (relating
to the Oregon Forestland -Urban Interface Fire Protection Act of 1997). (Mr.
Pennon would take the place of Bill Swartz, who was previously appointed by the
Commissioners to this Committee, but who will instead be appointed by the U.S.
Department of Forestry.)
DALY: Move signature.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
26. Before the Board was a Public Hearing (Continued from January 8), and
Consideration of Signature of Resolution No. 2003-003, Adopting Public
Contracting Rules; Granting Exceptions from Competitive Bidding for
Certain Contracts; and Designating Certain Service Contracts as Personal
Services Contracts, for the Sunriver Service District.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 10 of 13 Pages
Sharon Smith asked that this matter be delayed until March 10 and 12. Laurie
Craghead indicated that it would be appropriate to have a work session on
March 10, followed by the continued public hearing on March 12.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
27. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District for two weeks, in
the amount of $21,840.09.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
28. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District for two
weeks, in the amount of $683.76; and the Construction Fund in the amount
of $224.78.
DALY: Move approval, subject to review.
LUKE: Second.
VOTE: DALY: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
29. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County for two weeks, in the amount of
$1,7909415.84.
DALY: Move approval, subject to review.
LUKE: Second.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 11 of 13 Pages
VOTE: DALY: Yes.
DALY: Chair votes yes.
30. Before the Board was Consideration of Additions to the Agenda.
A. Before the Board was Consideration of Signature of a Resolution
Approving the Capital Projects List for the New County/State Building
Complex and Other County Projects.
Susan Ross gave an overview of the list of projects.
DALY: Move approval of the project list.
LUKE: Second.
VOTE: DALY:
Yes.
Chair votes yes.
B. Before the Board was Consideration of Signature of Resolution No. 2003-
004.
Susan Ross added that this Resolution amends the project development fund to
add these projects into the fund. Originally it was just the Becky Johnson
project fund. The capital projects development fund was set up so that the
proceeds of any property sold by the County would go into the fund so that the
County would not have to go to the voters for approval for every purchase or
development of County projects. The Human Services building was added, and
the archives building project is being added to the list.
LUKE: Move approval.
DALY: Second.
VOTE: DALY: Yes.
DALY: Chair votes yes.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 11:30 a.m.
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 12 of 13 Pages
DATED this 22"d Day of January 2003 for the Deschutes County Board
of Commissioners.
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
ATTEST:
Michael M. baly, Co71�issioner
Recording Secretary
Attachment:
Exhibit A - Sunriver Service District Affidavit of Publication Documents
Minutes of Board of Commissioners' Meeting Wednesday, January 22, 2003
Page 13 of 13 Pages
Neil R. Bryant
Re: Resolution No. 2003-003
Robert S. Lovlien
January 21, 2003
Lynn F Jarvis
John A. Berge
Dear Bonnie:
Sharon R. Smith
John D. Sorlie
I enclose the copies of Affidavit of Publication for the public hearing, along with a
Fax: (541) 389-3386
VIA HAND DELIVERY
Mark G. Reinecke
transcript of public input from the public hearing held at the Sunriver Service
Melissa P. Lande
BONNIE BAKER
Kitri C. Ford
BOARD OF COUNTY COMMISSIONERS
Lane D. Lyons, LL.M.
1130 N.W. HARRIMAN
Jennifer A. Allen
BEND, OR 97701
P:\DATA\SRS\CLIENTS\N-S\Sunriver Service District\SSD5.001 ttr to Bonnie Baker.wpd
Re: Resolution No. 2003-003
BEND
Sunriver Service District
591 S.W. Mill View Way
Mail: P.O. Box 1151
Dear Bonnie:
Bend, Oregon 97709
Phone: (541) 3824331
I enclose the copies of Affidavit of Publication for the public hearing, along with a
Fax: (541) 389-3386
transcript of public input from the public hearing held at the Sunriver Service
District Managing Office as requested by the County Commissioners. The
MADRAS
transcript was prepared from an audio tape of the proceedings that is very difficult
24 S.W. Fifth Street
to hear. The transcript is the best we could prepare given the audio quality. Please
Mail: P.O. Box 650
place these into the record and forward a copy of the public input to the
Madras, Oregon 97741
Commissioners as soon as possible. Thank you for your assistance.
Phone: (541) 475-2757
Fax: (541) 475-2962
Sincerely,
www.bryantlovlienjarvis.com
41
SHARON R. SMITH
SRS/klh
Encl.
P:\DATA\SRS\CLIENTS\N-S\Sunriver Service District\SSD5.001 ttr to Bonnie Baker.wpd
AFFIDAVIT OF PUBLICATION
P.O. Box 10127 / Portland, Oregon 97296-0127 / (503)226-1311 FAX (503) 222-5358
STATE OF OREGON, COUNTY OF MULTNOMAH, —ss.
I, MARC CAPLAN, being first duly sworn, depose and say that I am a Manager of the DAILY JOURNAL OF
COMMERCE, a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH and
WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and
State; that I know from my personal knowledge that the
PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
a printed copy of which is attached, was published in the entire issue of this newspaper for 1 time(s) in the
following issues:
12/24/2002. - -
Subscribe worn to before me this 3rd day of January, 2003.
_. .......
OFFICIAL SEAL
SCOTT O. CAPLAN
NOTARY PUBLIC -OREGON
COMMISSION NO. 361262
MY COMMISSION BORES SEPTEMBER 16, 2006
BRYANT, LOVLIEN & JARVIS, P.C.
591 MILL VIEW WAY
BEND, OR 97702
PUBLIC NOTICE AND
NOTICE OF PUBLIC HEARING'
A Public Hearing will be held. by the. Des-
chutes County Board of Commissioners, act-
ing as the Governing Body of the Sunriver
Service District, at 10:00 a,m, ,on
Wednesday„January 8, 2003 in the Commis_
must
The
draft Findings for an exemption
impetitive bidding requirements for
clic contracts and classes of'pdblic
Copies of the draft Findings are
i the Public. Draft Finding
g may be
rpm the $unri`ver Service' District
745'Abbot Drive, Sunriver„oregon-
ine number(541) 593-8622:At the _
firing; any interested parry may ap
resent comment.
;ornments are also welcome and
?cgivedby,5:00 p:m. on'Tuesday,'
'?903,:6t 1130,. N.W. Harriman,
gon 97701. Both oral and written
will be considered by the Des- .
inty,Board of Commissioners act-
GOvct. ernin'g Board of .the Sunriver
stri
H) 388-6572 or via e-mail at bonnieb@
deschutes.or.us. '
blished Dee. 24, 2002. PF10069482.1t
Order No.: 10069482
Client's Reference No.:
AND
HrtluaVIL u1 r-UMIUdLIU11
STATE OF OREGON, COUNTY OF DESCHUTES
I, BETTY SPRAGUE, 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 or interested in the
above -entitled matter. I am the principal clerk of the
printer of
The Bulletin
a daily newspaper of general circulation, printed and
published in the aforesaid county and state as defined by
ORS 193.010 and ORS 193.020.
that SUNRIVER SERVICE DISTRICT GOVERNING
BODY NOTICE OF PUBLIC HEARING a printed copy of
which- is hereto affixed was published in each regular and
entire issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
December 24, 2002
Icertify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Bend, Oregon, this 27 day of DECEMBER, 2002
Service
;rtl. ,on i
0.V9('1n7:
of notice to be pasted here) /
OF
vol r.. over �ervme
' Disldcl Office at 5745"Abbot�
FICIAL SEAL
r KERI L REISS
Drive, Sunnver,. Oregon
i NOTARY PUBLIC -OREGON
97707; hone, n the (5 41)1
.. At the Public;
MY
COMMISSION NO. 356172
Hearing, a
Hearing, any Interested party
COMMISSION EXPIRES MAY 26 2006
- may appear .and. ,pre5enl'r
— -
- commen}
ritten comments are alsq,
- - - welcome and musk-,'..:
Wh ed ey 5 00 p.rrr. pn,Tues,::
day;. Januaryry 7 2003, ah
Bend:;
Oreg6n;077o1 Both'oialand
- wntlen ,cbmments will -
consldded by the Deschutes 11
r. 9C
" .' of Gpmmis?j
Gov>
ar, ing
✓
- .. Service Distncl --
The'location of the (taring is
r
accpSsible to per$ons with
,. ..= disabilities Please let. Bonnie
Baker -know d you will need
any sp"e'clel accommodations
in order. to attend or: partici-
-
- 1.pate in the meeting.'iShe can t
;
- - e,qeadhed at 1(541) 3il'
• -_ 65' 2 or via a mail'at bonn
ti
-
`
85 C
In the
Court of the
STATE OF OREGON
for the
COUNTY OF DESCHUTES
Filed
By
Attorney for
From the Office of
Clerk.
Deputy.
SUNRIVER SERVICE DISTRICT
Public Comments
Hearing Held on December 12, 2002
"chair"
Bill Starks (director)
"Doug"
Douglas Seator (elector)
"Penny"
Penny Bennington (director)
"Bill"
Bill Chapman (SROA GM)
"Dave"
Dave Setzer (director)
"Susan"
Susan Ross (county, representing Mike Maier)
"John"
John Salzer (director)
"Tom"
Thomas Gunn (elector)
"Steve"
Steven Hamilton (elector and SROA director)
Item No. 3: Consideration of Public Contracting and Purchasing Policy
Steve Hamilton: Did not talk
Doug Seator: My understanding of Oregon contracting and purchasing statues is that
under certain circumstances contracts, can be classified as personal
services contracts, such as, administrative services, accounting and fleet
management and are not subject to the public bidding process.
Chair: Not subject to public bidding process, it is not implied that they would not
be subject to consideration for obtaining bids, the same way we do for the
District when making large capital purchases. But go ahead.
Doug: It's imperative that there be a few checks and balances in the system to
ensure that there are no improprieties and especially because of the
relationship between SROA and the Service District. Yes . Yes. As I read
these documents there are two checks and balances. One in the service
district contract policy that says one of you will be designated as the
personal services contact person and you will make sure the contract
meets the needs of the district in terms of the quality of service offered and
that the cost to the district is fair and reasonable .. and secondly _(see next
paragraph for the second point)
The County is also saying the same thing in the agreement that SROA has
already signed with the County. There is a clause in there that says that
any contract between the District and the SROA must include an analysis
by an independent third party verifying the value and reasonableness of
such an agreement. Yes Who on the Board is going to be designated as
the person who will review the personal services contract? Will the
Board have an independent third party reviewing all contracts,
agreements, etc with SROA, as outlined in the agreement? If the answer
is yes, who is that independent third parry? If the answer is no, I am
interested in why not.
Chair: As the draft is written, it will require an independent third party to do the
review. Do you agree on that? That's the way it is written.
The agreement between SROA and the District?
Chair: Yes.
The policy says there should there be an independent third parry reviewing
etc?
Penny: Right.
That is in the agreement with the County?
The County, but not with the SROA ???? I believe that says that any
agreement between SROA and the Service District and if it will, who is
going to be the independent third party?
Chair: We have not yet designated one. It needs to take place.
Doug: (talking over each other). Someone who is not a property owner in Sunriver?
Chair: I think it has to be - you have to have people who are not part of us, that
means none of us, none of our employees,
Penny: Right,
Chair: none of the owners, or the electors or the unit owners per say. So you
have to find somebody who is independent.
Penny? Right. I think that it doesn't compares itself. I don't think
anybody is suggesting that this mystery is a public ,
technically . I think it is extremely important. Then there will
be someone from the District involved, so as well.
Chair: We haven't made that designation yet.
Woman's Voice: We are taking third party as separate from our third party, each one of us,
SROA has a lawyer, we have a lawyer. But that is not considered — that is
not what we intend.
Someone Else: I can tell you that (then laughter). The County is looking
for a (More laughter).
We haven't really accept that, but we recognize that (talking over each
other and radio transmission in the background).
Think one of the We have no trouble transferring I think we are
board membexs: going to need. This is probably some of the things that Sharon is
dial up.
Susan Ross? Talking about third parties. We talked about independent auditor. (She
talks again) ... the County auditor have a look at this stuff and see if
everything looks right, we have talked about an independent auditor, but
we have not gone out and posted - depending on the auditor yet. Is an
auditor an appropriate position to review. I don't know yet.
Penny? Not a financial auditor, I would think
Susan: Right, who is appropriate? Another lawyer? And a comment (laughter)
Penny: But you are going to need to have a financial auditor to . . We
do have an internal auditor who is more of a slow auditor to
look at the financial - not necessarily a financial auditor. That would be
a good person to pick up. But your internal, I mean
financial
Chair: No No. 1 agree with Susan. In fact, do you have any suggestions on that
regard Doug?
Doug:
I don't Know of anyone who provides this service. There has to be
somebody ... the chair start stalk in over him again ...
Tom Gunn: We are not unique - more talking over each other
Tom Gunn?? There is also a local group, that may not be appropriate, but it deals with
conflict resolution, This is not a conflict, but they are used to looking at
things objectively maybe they could help us.
An issue in a contract will end up as everybody's official contract review
board, unless somebody else has designated something.
Dispute resolution. That is one type of contract review .. What we are
talking about is whether or not you have improprieties in the first place. Is
that right?
Penny: Right. Another contacts with that
today.
You don't know that.
Tom Gunn: Yeah we do. Perhaps. We have reviewed this with Gary Feibeck. You
know Gary.
Penny: Right.
Susan: We reviewed this and pointed it out that we thought it was inappropriate.
On the other hand, this is a first year operation, and there will be
unforeseen costs. This is a point. There will be some price
increase in the first year of operations because you always have things that
come up that you cannot predict. So this end us in the ballpark. This will
be okay for a first year. But it really should be. If we could have them
make comments on what we are doing is wrong, but it is quiet fast (?)
Chair: Lets take that independently of the current discussion. Okay?
Okay.
It is appropriate to do that, but unless there is a specific relationship to the
discussion on the table unless the contract depicts the policy draft.
What I think that , is talking about having a comparative
as our way of the personal services included. It is not in
the normal realm of the process. So if on top of that,
the cost figures are deflated. This is an ugly situation.
Chair: I am not disagreeing with you. I am just saying that I think the specifics in
a contract which need to be talked about, lets talk about independently of
the general policy associated with doing anything.
Penny: I guess part of this discussion though would be, is there something that
needs to be put into our contract policy that assures? What your going to
inspect something that we already have a signed agreement between the
County and us, if there is that, we would do third parry. What you are
saying is, if you do chose to utilize that exemption indiscriminately,
should there be some kind of a clause in that to say
that a third party always needs to review it.
Why not use the same clause again right in the policy statement even
though that is in the agreement with the County to take steps Right.
Someone else: That is very appropriate question.
Woman: Right. He, I am sorry, are you all
Man says something and they laugh
Bill Chapman: You know as far as ending the discussion about the review of this policy
and _at the first meeting the Chair made a suggestion that
comments be forwarded to Dave and I did do that, presuming that those
would be forwarded on to -_Sharon and not have to bring
those up again.
Dave Setzer: They have been forwarded to Sharon. I took them up yesterday.
Bill Chapman: Because I brought up that same comment at the first meeting, in order to
clarify the third party review clause of the Management
Agreement
Chair: In fact it is appropriate that you bring them up at the same time and say
that I already put that on the page. It reinforces the point.
Penny: The question I have as far as, if we can step back a minute, we had thrown
a couple of questions out there to Sharon that she was supposed to get
back to us on.
Chair:
She's been sick all week.
Penny: Right. Right. So we still have those hanging. We to get the
information. Now what I heard at the time is that that they would start this
two week comment . We can get that ball rolling, but we
still ourselves, as board members, are final
Yes Okay, during that two week comment section Yes Okay, I just
wanted you to know that we haven't seen
Chair: I remind you that the draft needs to be essentially wrapped up sooner than
that. Because you have to have time now to take the final draft and let
people review it. Not only us, the owners, interested parties, and you
know, even time for County counsel to look at it.
Penny: One of the key questions was last week to Sharon was the whole issue of
time line. She reiterated that we as a board should not be committing to
something that we are tying some other future board's hands on. Her
response was that there is that 90 -day clause to which we can pull out of
that administrative contract. There is that question, should we be setting
up a contract that is somewhat open ended other than that 90 -day
notice . I am assuming there is some long term contracts with the
County that they enter into that have sufficient with the 90 -day clause.
Chair: What Penny is talking about to some degree, is the contract, and again, I
think we are getting off the point a little bit here.
Penny: What she was going to look at - talking over each other - she was going to
enter the policy and not the
Chair: In fact is was a legal question we put to Sharon last week and that is, Can
we legally enter contracts, write contracts, that goes beyond the term of
what we are budgeted for? So for example, what Tammy is talking about
is administrative services contract that is currently in place for SROA,
does that 120 -day clause Tammy: says something Notice to each other for
determining contracts. But the contract is self-dealing, and in that regard,
unless one of the two parties take action, the time frame will continue to
run on after July I", whether there is a budget or not. See the point?
Woman: There is a clause at the end.
Man: The clause with the County .. If you agreed with the County for
financial purposes, the rates may can only go (others talking) I would
suggest that you do the same thing for other contractors because contracts
with us are always open ended, because that clause is built
in.
Another Man: That, that, that, that's a point.
Dave Setzer: This contract with SROA and the District is on-going, but it will be
reviewed yearly. So there is a review.
Penny: That is - there is nothing in here in the contract policy that had a time line
guidance for us. That is the question I posed to Sharon and I think you
have posed even more specific question, but you also (man talks over her)
So that is now in Sharon's hands to try to deal with that issue.
Chair: We have a lot of people talking here and we have to get some order here.
Doug, you have more things to put on the table?
Doug: No. That is it. Checks and balances are needed and somebody should be
designated, an independent third party, to review any contracts between
SROA and the District.
Chair: Fine. Steve? (Steve Hamilton is asked if he has any additional comments)
Steve: No.
[END OF PUBLIC COMMENTS]
January 22, 2003
TO: Bonnie Baker (-,A�l
FROM: Nancy Blankenship
RE: Sunriver Service District — Contract Review Board
We received two of these notifications and have retained one for our files.
Wanted to be sure that the governing body (Board of County Commissioners)
received one as addressed in ORS.
Neil R. Bryant
Robert S. Lovlien
Lynn F. Jarvis January 21, 2003
John A. Berge
Sharon R. Smith
John D. Sorlie VIA HAND DELIVER YAND
Mark G. Reinecke
Melissa P. Lanae CERTIFIED MAIL RETURNRECEIPT REQUESTED
Kitri C. Ford NANCY BLANKENSHIP
Lane D. Lyons, LL.M. DESCHUTES COUNTY CLERK
Jennifer A. Allen DESCHUTES SERVICES BUILDING
1340 NW WALL STREET
BEND, OREGON 97701
BEND
591 S.W. Mill View Way Re: Sunriver Service District - Resolution No. 2003-002
Mail: P.O. Box 1151
Bend, Oregon 97709 Dear Ms. Blankenship:
Phone: (541) 382-4331
Fax: (541) 389-3386
Our firm represents the Sunriver Service District. ORS 279.055(2) requires a local
public contract review board to file the Resolution designating itself as a local public
MADRAS contract review board with the governing body. Please file this Resolution pursuant
24 S.W. Fifth Street to ORS 279.055(2).
Mail: P.O. Box 650
Madras, Oregon 97741 If you have any questions regarding this matter, please do not hesitate to contact me.
Phone: (541) 475-2757
Fax: (541) 475-2962 Sincerely,
www.bryantlovhenjarvis.com
SHARON R. SMITH
SRS/klh
Encl.
P:\DATA\SRS\CLIENTS\N-S\Sunriver Service District\SSD5.0021tr to County Clerk.wpd
REVIEWED
('P -S
For Recording Stamp Only
BEFORE THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
A Resolution: Designating the Governing Body as
the District's Local Public Contract Review Board * RESOLUTION NO. 2003-002
and Delegating that Authority to the Managing
Board.
WHEREAS, the Governing Body of the Sunriver Service District ("District") hereby designates,
pursuant to ORS 279.055(2), that it is the District's Local Public Contract Review Board (`Board"); and
WHEREAS, the Governing Body of the Sunriver Service District has delegated its authority to the
Managing Board of the Sunriver Service District for administrative and operational issues, now, therefore,
BE IT RESOLVED BY THE GOVERNING BODY OF SUNRIVER SERVICE DISTRICT, as follows:
Section 1. The Governing Body of the District affirms that it has designated itself as the District's
Local Public Contract Review Board, and that it may exercise the rule making authority to carry out the powers
and duties of the District's local public contract review board by adopting such rules by resolution after
conducting a public meeting or public hearing, where required by law;
Section 2. The Governing Body of the District hereby delegates the authority to act as the Local Public
Contract Review Board to the Managing Board. In carrying out such duties as a Local Public Contract Review
Board, the Managing Board shall have the authority to hear all protests and shall act as a hearings body on
behalf of the Governing Body. Any decision of the Managing Board shall be appealable and reviewable by the
Governing Body who shall act as the final decision making authority.
DATED this 9� day of January, 2003.
BOARD OF TY COMMISSIONERS
OF DZSCS COUNTY, OREGON
DrWS R. LUKE, Chair
TOM DEWOLF, Commissioner
ATTEST:
_ MI HAEL M. DALY, Com issioner
Recording Secretary
PAGE 1 OF 1 —RESOLUTION NO. 2003-002 (JANUARY 8, 2003) SSD.001 RESOLUrION.WPD