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2004-1476-Minutes for Meeting December 20,2004 Recorded 12/30/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 2004.1416 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 1213012004 02:27:58 PM 1111111111111111 111111111111 20-3d 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 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, DECEMBER 20, 2004 Commissioners' Hearing Room - Administration Building 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom De Wolf. Also present were Mike Maier, County Administrator; Susan Ross and Anna Johnson, Commissioners' Office; Mark Pilliod, Legal Counsel; Don Webber and Sue Brewster, Sheriffs Office; Tom Blust, Road Department; Paul Blikstad, Catharine White and Ed Pecoraro, Community Development; and Judy Sumners, Risk Management. Also in attendance were media representatives Chris Barker of the Bulletin and Barney Lerten of bend com and The Bugle; and seven other citizens. Chair Daly opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Commissioner Luke was given an award regarding "Second Chance Kids" from the Oregon Youth Challenge program. Cyndy Cook of CORHA (Central Oregon Regional Housing Authority) and Kirk Utzinger (Boys and Girls Club of Central Oregon) gave a brief presentation regarding the citizens that they serve, both individually and together. Some of their funding is being threatened by a reduction in funds from the Department of Housing and Development. Commissioner DeWolf asked that information on the federal funding issue be provided to him as soon as possible so he can forward it to the County's federal lobbyist for review. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 1 of 11 Pages 2. Before the Board was Consideration of Approval of Document No. 2004- 500, a Contract Renewal with JBL&K Insurance for Insuring County Buildings and Contents and Providing Risk Management Services. Judy Sumners gave an overview of the item. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 3. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2004-026, Amending Code in regard to Personal Property and Impounded Vehicles Inventories. Sue Brewster stated that changes need to be made to the search policy so that it is consistent with what is required by law. The two changes address when there is an animal in a vehicle when it is impounded, and also how hazardous waste in the vehicle should be handled. The changes are also a part of the accreditation process. Commissioner Luke asked that this item be delayed until the December 29 meeting so that he will have an opportunity to discuss it with the Sheriff. 4. Before the Board was Consideration of Signature of Order No. 2004-046, Ordering the National Incident Management System to be Used as the County Standard for Incident Management. Don Webber stated that this is similar to the incident command system required through the Department of Homeland Security. Compliance is needed to obtain FEMA funding. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 2 of 11 Pages 5. Before the Board was Consideration of Signature of Document No. 2004- 529, a Road Maintenance Agreement between Deschutes County and Wheeler Ranch Homeowners Association. Tom Blust gave an overview of the agreement, which would cover a development located east of Highway 97 in the La Pine area. The main issue would be a variance of the road standard for drainage swales. The developer has asked that they be able to place large drain rock in the swale to make it more attractive. The Department of Environmental Quality has no problem with this change. The agreement would make maintenance of the swales the responsibility of the homeowners association. The Commissioners asked if bonding should be a part of the agreement in case the association does not take care of the work, which could eventually result in drainage problems. After a brief discussion, Mr. Blust said he would discuss the issue with the developer and get back to the Commissioners in a week. 6. Before the Board was Consideration of Signature of an Acceptance of a Deed of Dedication from Bi -Mart off Huntington Road, La Pine. Mr. Blust stated that this covers the road located between the La Pine Senior Center and Bi -Mart. The road has to be in place before the work on the Senior Center can begin. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 7. Before the Board was Consideration of Signature of Order No. 2004-105, Changing the Name Pronghorn Club Drive to Pronghorn Estates Drive. LUKE: Move approval. DEWOLF: Second. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 3 of 11 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 8. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2004-023, Amending the Comprehensive Plan Rural Development Chapter regarding Cluster Developments. Paul Blikstad explained that he was instructed by the Board to prepare the ordinances for adoption by emergency. Chair Daly opened the public hearing. Being no testimony offered, he then closed the hearing. LUKE: Move first and second readings of Ordinance No. 2004-023. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly conducted the first and second readings. LUKE: Move approval of Ordinance No. 2004-023. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 9. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2004-024, Amending Zoning Ordinance Provisions for Cluster Developments. Chair Daly opened the public hearing. Being no testimony offered, he then closed the hearing. LUKE: Move first and second readings of Ordinance No. 2004-024. DEWOLF: Second. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 4 of 11 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly conducted the first and second readings. LUKE: Move approval of Ordinance No. 2004-024. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 10. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2004-025, Amending the Subdivision/Partition Ordinance in regard to Cluster Developments. Chair Daly opened the public hearing. Being no testimony offered, he then closed the hearing. LUKE: Move first and second readings of Ordinance No. 2004-025. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Chair Daly conducted the first and second readings. LUKE: Move approval of Ordinance No. 2004-025. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 11. Before the Board was a Public Hearing, and Consideration of Signature of Order No. 2004-106, Approving the Stauffer Annexation into Deschutes County Rural Fire District #2. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 5 of 11 Pages Laurie Craghead gave an overview of the item. She said that all of the property owners have agreed on the annexation, which complies with land use regulations and planning goals. It was originally rejected by the Department of Revenue on a technicality, but a revision was made and it should be acceptable at this time. Tom Fay of Rural Fire Protection District #2 did a considerable amount of work on this annexation. The Clerk has certified the documents, and the hearing was properly posted and noticed. Chair Daly opened the public hearing. Being no testimony offered, he then closed the hearing. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 12. Before the Board was Consideration of Signature of Document No. 2004- 530, an Intergovernmental Agreement between Deschutes County, Sunriver Owners Association, Sunriver Resort Limited Partnership, Crosswater Owners Association, Vandevert Owners Association, the State of Oregon Department of Transportation and Deschutes National Forest regarding a Separated Interchange at the Intersection of Highway 97 and South Century Drive. Commissioner Luke explained that he and Tom Blust are part of a committee dealing with this issue. This agreement would be a funding mechanism to commit the various partners who would be involved in the improvements. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 6 of 11 Pages 13. Before the Board was Consideration of Signature of Resolution No. 2004- 045, Transferring Appropriations within the Deschutes County General County Projects Fund. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 14. Before the Board was Consideration of Signature of Resolution No. 2004- 116, Transferring Appropriations from the General Fund Contingency to the Legal Fund. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. CONVENE AS THE DESCHUTES COUNTY CONTRACT REVIEW BOARD 15. Before the Board was a Public Hearing and Consideration of Signature of Resolution No. 2004-135, the Adoption of Findings Supporting the Exemption of a Public Project from Competitive Bidding (Improvements to the Deschutes County Courthouse Building). Susan Ross explained that about $1 million in costs is involved in this project, which would the main improvements of a new HVAC system, improvements needed per ADA requirements, the demolition of interior walls to reconfigure offices, install a fire escape and install new floor coverings. She is asking that the project be exempt from competitive bidding because the contractor, Kirby Nagelhout, is already on site doing work in the Justice Building, and it is felt that there would be a savings on mobilization and overhead costs. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 7 of 11 Pages The project is also on a fast track since it affects the Courts. Kirby Nagelhout should be done with the other project by June, and would like to immediately go to work on the adjacent building. The Courthouse is cramped and the judges would like the jury assembly space completed. The HVAC system is very old and operates poorly, and it will save on energy and maintenance costs to install a new system. Another reason for asking for the exemption is the complexity of the project. Kirby Nagelhout was already awarded work on a portion of the Courthouse since the fire sprinkler system was required for both buildings. They will already be working in the space, and it would be awkward to have two contractors in the same building. There is a potential for finger pointing if something is improperly done or if warranty work is needed. Commissioner Daly asked if this portion of the work was awarded prior to the decision to remodel the Courthouse. Ms. Ross confirmed that originally the courthouse was going to hold new courtrooms, but after the architect was done the Board decided to add to the Justice Building. A part of that was for the two buildings to be connected. The City then required the entire complex to have sprinklers, even though the Courthouse wasn't going to be remodeled. As such, this work was included in the original bid award. The architect was selected through the competitive open bid process. This included both buildings because originally they were going to be connected. Chair Daly opened the public hearing at this time. Commissioner Luke asked what the potential savings might be. Kirby Nagelhout stated that the exact amount cannot be known, but the County could end up with different subcontractors as well as different contractors. He said he would probably keep the same subcontractors as long as their cost fits into the realm of what is budgeted. The subcontractors will be submitting bids, which would be negotiated by Ms. Ross and the architect, and ultimately brought to the Board. Ms. Ross added that no construction drawings are completed since it was not known if the Board would approve the Courthouse remodel project until a few weeks ago. The drawings should be done by mid-January, at which time they will be submitted to the County plans examiner. Construction should begin by mid-February. If the project goes out for hard bid, advertising can't be done until the end of January and a three-month process would be required after that. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 8 of 11 Pages Commissioner Daly asked if today's hearing was advertised. Ms. Ross stated that advertising is done in the Daily Journal of Commerce, and the hearing was also included in the posting of the Board agenda. Commissioner Daly said that he is uncomfortable doing these types of jobs in this manner. He added that he doesn't think there is enough control. He feels that a hard bid is always the best way to handle these projects, with contractors competing and doing what they need to do to save money. He said that the fire sprinkler system is an expertise handled by a subcontractor. Ms. Ross said that she got a call from the Association of General Contractors, who requested a copy of the findings. They indicated they would not come to the hearing today. Commissioner Luke observed that he had worked with them as a legislator and a homebuilder, and they typically don't support issues such as this one. Commissioner Daly stated that he regrets supporting the exemption to the construction of the warehouse building, although it had to be completed in a hurry. He said he doesn't see the need to hurry in this case. Mr. Nagelhout noted that his company is doing a remodel for the school district, and is a firm believer this is the way to go. The subcontractors came in 30% above the estimate, and someone needed to be there to put their thumb on the problem. Chair Daly asked about the exact cost. Ms. Ross said that the exact amount would be known until the architectural drawings are completed, but it will stay within the budget. The only time the costs have gone over the budget was because of unexpected code changes or the action of other government entities. No other testimony was offered, and Chair Daly closed the public hearing. Commissioner Luke stated that this is a tough vote for him. Each instance has to be examined on its own merits. He observed that the building is old, and there will be problems encountered that cannot be known ahead of time. It makes sense to move the contractor next door to handle the project. Three months is a long time for the judges to handle the disruption in their courtrooms. DEWOLF: Move approval. LUKE: Second. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 9 of 11 Pages VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes no. (Split vote.) CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District. DEWOLF: Move approval, subject to review. DALY: Second. VOTE: DEWOLF: Yes. DALY: Chair votes yes. (Commissioner Luke was out of the room at this time.) CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 17. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District. DEWOLF: Move approval, subject to review. DALY: Second. VOTE: DEWOLF: Yes. DALY: Chair votes yes. (Commissioner Luke was out of the room at this time.) RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 18. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County. DEWOLF: Move approval, subject to review. DALY: Second. Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 10 of 11 Pages VOTE: DEWOLF: Yes. DALY: Chair votes yes. (Commissioner Luke was out of the room at this time.) 19. ADDITION TO THE AGENDA Before the Board was Consideration of Signature of Letters regarding the Board of Directors of the Panoramic Access Special Road District: • Reappointing Doug Myers through December 31, 2007 • Appointing Janet Zuelke through December 31, 2006 • Accepting the Resignation of Jerry Greco DEWOLF: Move approval. DALY: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Being no further items discussed, the meeting ended at 11:20 a.m. DATED this 201h Day of December 2004 for the Deschutes County Board of Commissioners. is ael M. Daly,/91air ennis R. Luke, Commissioner n ATTEST: To DeWolf, Commissioner 1�7/1" Recording Secretary Minutes of Board of Commissioners' Meeting Monday, December 20, 2004 Page 11 of 11 Pages