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2004-1259-Minutes for Meeting September 29,2004 Recorded 10/4/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS U 200i-1259 COMMISSIONERS' JOURNAL 1010412004 04;06;12 PM 111111111111111111111111111111 2 04-1250 DESCHUTES COUNTY CLERK CERTIFICATE PAGE z This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, SEPTEMBER 29, 2004 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner Tom DeWolf was out of the office. Also present were Mike Maier, County Administrator; Laurie Craghead, Legal Counsel; David Givans, Commissioners' Office; Tom Blust, Doreen Blome' and Catherine Morrow, Community Development Department; Tom Blust and Gary Judd, Road Department; Joe Studer, Forestry Specialist; media representative Barney Lerten of bend com and The Bugle; and four other citizens. Chair Michael Daly opened the meeting at 10: 00 a.m. 1. Before the Board was Citizen Input. None was offered. 2. Before the Board was a Public Hearing on the Final Assessment for Bull Bat Lane Local Improvement District. Gary Judd said all the residents have been notified of the assessment, and the road has been completed. The cost came in less than the bid amount. There was one person out of ten who originally objected to the project. Chair Daly opened the public hearing. Being no testimony offered, Chair Daly closed the public hearing. Minutes of Board of Commissioners' Meeting Wednesday, September 29, 2004 Page 1 of 6 Pages 3. Before the Board was Consideration of Signature of Order No. 2004-081, Establishing Bull Bat Lane as a County Road. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. 4. Before the Board was Consideration of Signature of Order No. 2004-080, Certifying the Final Assessment on Bull Bat Lane LID. LUKE: Move approval. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. 5. Before the Board was a Public Hearing, and Consideration of Signature of Order No. 2004-013, Approving the Annexation of Property into the Deschutes River Recreation Homesites, Unit 6, Parts I & II No Shooting District. Doreen Blome' gave an overview of the annexation, which involves four lots. Notices were posted in the area and published as required, and no objections have been received. Chair Daly opened the public hearing. Regan Olson, one of the property owners, encouraged the Board to approve this annexation and added that the other property owners feel the same way; and, in fact, one of the petitioners is an active member of Ducks Unlimited. Being no further testimony offered, Chair Daly closed the public hearing. LUKE: Move approval of Order No. 2004-013. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Wednesday, September 29, 2004 Page 2 of 6 Pages CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 6. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $1,692.14. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 7. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $505.11. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $650,875.54. LUKE: Move approval, subject to review. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. 9. ADDITIONS TO THE AGENDA Minutes of Board of Commissioners' Meeting Wednesday, September 29, 2004 Page 3 of 6 Pages A. Before the Board was Consideration of Signature of Document No. 2004-476, an Intergovernmental Agreement with ABHA (Accountable Behavioral Health Alliance) regarding Mental Health Services. Greg Canfield explained that this agreement covers the Mental Health Department providing support services to Trillium Company, for admissions and other activities. The position will be molded as time goes on, but ABHA will be paying $2,200 per month towards staff costs. This revenue was already anticipated and was included in the latest budget as a revenue line. Chair Daly said that this would be part of the team that evaluates cases. Mike Maier asked if this could be a liability for the County if Trillium has problems. Greg Canfield replied that the County can always be named as a third party in a lawsuit. After a brief discussion, the Board directed Mr. Canfield to discuss this issue with Legal Counsel and have the item placed on the October 6 agenda. B. Before the Board was Consideration of Signature of Order No. 2004- 082, Rejecting All Proposals on an RFP for a La Pine Area Ground Fuel Thinning Project. Laurie Craghead explained that two offers were received in response to the RFP, and they are considered to be in excess of the grant funding that is available. The County would like to reconsider the project at this time. Catherine Morrow said that $109,000 was available for the entire grant. Some of the funds were already used for the bundler project last year; and some of the funds are allocated to the Heart of Oregon Corps. and for administration of the grant. The amount remaining for contractors is approximately $30,000, and the responses far exceeded this amount. There is no obligation to treat the entire area, just whatever area can be treated for that amount of money. The RFP was sent out to between ten and twenty individuals or companies. Joe Studer said he met with three prospective bidders at the site, and also talked with six additional interested parties. Commissioner Luke asked if one of the bids received is based on prevailing wage, since it was lower. Catherine Morrow stated that one of the requirements of the RFP was that prevailing wage be paid. Minutes of Board of Commissioners' Meeting Wednesday, September 29, 2004 Page 4 of 6 Pages Mr. Stutler added that part of the issue is that one bidder from Gilchrist that manufactures poles didn't make the deadline, and another bidder from Roseburg in the same field may be interested but was out of state. Laurie Craghead said that the solicitation documents did explain where the information was available, and it was also posted. Commissioner Daly clarified that the two bids are far above the budgeted amount, and County staff wants to go out with another proposal so that those who might want to use the wood for manufacturing purposes can be involved. Mr. Stutler said that there are several reasons why he thinks this should occur. They are meeting with Legal Counsel later in the day to figure out how to proceed. There is a more critical deadline on the eleven acres off Huntington Road; the other portions can wait. Catherine Morrow stated that the Heart of Oregon Corps. uses an hourly rate and has billed the County for this type of work in the past. They did the work on the bundler project last year, and charged between $5,000 and $7,000 to clean up seven acres. Commissioner Luke asked why the County can't negotiate with the lowest bidder. Ms. Craghead replied that this would require the County to go through an exemption process. Commissioner Luke explained that people living in the La Pine area often ask why they don't get a shot at this type of work. He asked why the bidder who came in lowest can't have a chance at the eleven acre parcel. He added that it takes a lot of work for someone to submit a bid. Ms. Morrow said that the RFP was for three areas, and the eleven acres was specified as having to be done sooner; however, it is a part of the first unit which contains more than the eleven acres. She added that the County wants to respond to the intent of the grant and allow opportunities to the public. But at this point, based on the bids received and the confusion regarding prevailing wage, it is time to step back and assess the priorities if the cost is going to be this high. Commissioner Luke asked if work on the eleven acres would be based on prevailing wage; and is the Heart of Oregon Corps. paying prevailing wage. Ms. Craghead replied that this issue needs to be discussed. Ms. Morrow added that part of the reason why this needs to be reexamined is because of confusion in this regard. Minutes of Board of Commissioners' Meeting Wednesday, September 29, 2004 Page 5 of 6 Pages Commissioner Luke noted that the eleven acres is covered by the same federal grant, and voiced concern that the Heart of Oregon, a non-profit agency, may not have to pay prevailing wage. He said that meetings between timber interests, the Department of Corrections and legislators were held regarding the use of prisoner work crews. They have found that it is not necessarily cheaper to use prisoner labor instead of contracting out the work. He stated that he wants to know if the Heart of Oregon is paying prevailing wage. Commissioner Daly asked if this could be put out as a timber sale instead. Mr. Stutler stated that in reality, that the way it was offered was similar to a timber sale, with that option. The smart thing to do is to reassess the situation and make sure it is done properly. LUKE: Move approval of Order No. 2004-082. DALY: Second. VOTE: LUKE: Yes. DALY: Chair votes yes. Being no further items brought before the Board, Chair Daly adjourned the meeting at 10:40 a. m. DATED this 29th Day of September 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary c Ol X4� Tom DeWolf, Commissioner Minutes of Board of Commissioners' Meeting Wednesday, September 29, 2004 Page 6 of 6 Pages