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2009-1198-Minutes for Meeting March 23,2009 Recorded 5/12/2009COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS vy ~00~~~~~+~ COMMISSIONERS' JOURNAL 0511212009 08;01;05 AM 111111111-111111111111111111111111 2000-1158 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 23, 2009 Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Susan Ross, Property & Facilities; Sheriff Larry Blanton, Capt. Marc Mills and Capt. Ruth Jenkin, Sheriff's Office; David Inbody, Assistant to the Administrator; Anna Johnson, Communications; media representative Hillary Borrud of The Bulletin and reporters from KTVZ TV and KOHD TV; and two other citizens. Chair Baney opened the meeting at 1: 30 p.m. 1. Jail Project Update. Susan Ross presented information on the update, including the cost estimate. (She referred to a staff memo.) On page 4-A of the spreadsheet, with all expenses considered, the total is $38.6 million. The biomass provision has been excluded, but it includes the Court. This cost is for construction to start in the summer of 2009; there is no escalation clause if it starts at that time. She said that as the scope of work becomes more specific, the number should go down somewhat. There is an additional $9 million in soft costs to be expected. Dave Kanner said that Davis-Bacon Act's federal rules relating to wages apply to some of the trades; others are covered by Oregon prevailing wage. Sheriff Blanton stated that the original OMNI projection was discussed some time ago, having to do with jail capacity. The work center is also being remodeled and the kitchen may need to be remodeled at some point. Ms. Ross said that if there is going to be any future expansion, some work has to be done to prepare for this and have all of the important elements in place. Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 1 of 7 Pages Commissioner Unger asked what the bond amount would be handled. Mr. Kanner said this would be a separate bonding process. Commissioner Baney stated that the sooner the work could begin, the better. Sheriff Blanton said that how the funding is done needs to be addressed right away, whether it is through bonding or the sale of property. Ms. Ross stated that 60% of construction documents are completed; they will be at 100% by June. They are proceeding as if all is in place. A traffic analysis was completed, showing very little impact. There could be STD's involved. She said everything listed on the document she referenced is new scope, as previously discussed. This includes rerouting the existing Swalley irrigation canal piping. The Court complex is estimated about $4 million but Ms. Ross feels it will be less than that. Sheriff Blanton said that this is a good addition to help cut back on transports, but much depends on whether the Courts can actually use it. They have been subject to staffing and funding cutbacks. Commissioner Luke said that the federal courts often want to hold court in this area, and this addition might be a good location for them. An intergovernmental agreement with the local Courts is needed to show that they plan to use it at some point. Commissioner Unger stated that the space might be utilized for other purposes, such as training. Ms. Ross said that biomass made a lot of sense, as it would generate much of the hot water needed for showers, kitchen use and heating. However, it is not in the scope of plans. Sheriff Blanton stated that there are other buildings to be considered, such as the vehicle storage and maintenance. Ms. Ross said that there are too many considerations for biomass to be used in this remodel, such as the variety of uses at the site, and they were running out of time. There were no questions regarding the Glenn Vista pump station. This item will be on the Wednesday business meeting agenda. The group then discussed potential funding for the jail project from federal economic stimulation packages. There is a lot of support from the public for this to happen, as it means improving infrastructure and providing long-term jobs. Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 2 of 7 Pages 2. Shooting Range Update. Capt. Marc Mills gave a brief overview of the item. The Bend Trap Club had wanted to pursue a new location that could also be used by the Sheriff's Office. He met with them last month, and viewed their new facility, which is located near Millican. Infrastructure is already in place and can be utilized for adjacent property that the Sheriff's Office could use. They also will help with working with Community Development and other agencies. There would be an agreement to offset or pay their taxes up to a certain amount in return for the use of the land, and the Sheriff's Office could also use the new Club building occasionally. Another building would be erected for storing equipment and supplies. Berms can be built to shield the firing areas. Commissioner Baney asked what the status of the Redmond Rod and Gun Club is, as they are also being displaced. Capt. Mills said that he would like that option left available; they should have a facility as well, perhaps one that could be shared with the National Guard. Other departments, such as Parole & Probation, could also use the facility. Bill Grafton, President of the Bend Club said they have a problem maintaining operations because the location is fairly remote. They purchased a lot of property to provide a buffer, and do not really want to sell any of it. The Sheriff s Office's participation would be ideal. It would help offset part of the fixed costs - taxes - and provides a beneficial use of the property. A roadway, utilities and water would have to be extended, and a building for storage would be constructed. This helps with their tax situation, as a private, nonprofit agency. Discussion occurred regarding entering into an agreement with the Club regarding the infrastructure. There could be issues due to the zoning of the property and the wildlife overlay, although the Club's property already has a conditional use permit in place on its parcel. Capt. Mills will keep the Board updated on what the Redmond Club is doing to find a suitable location. Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 3 of 7 Pages 3. Review of FY 2009-10 Goals and Objectives. Mr. Kanner stated that it is a good time to review the goals and objectives, considering the current economic climate. Commissioner Luke said that it is one thing to talk about goals and objectives, but another thing to put funding in place. Mr. Kanner stated that there David Inbody explained that some items are now covered by the jail project, such as the number of beds and Telecare. Commissioner Baney pointed out that the items are not necessarily prioritized, and she wants to know what may not be funded. Mr. Kanner said that he is waiting to see if AFSCME agrees to a pay freeze. If they do not, funding will have to be moved around and some programs may have to be cut. Mr. Inbody stated that the departments are working on fine-tuning their portions of the budget. 4. Update of Commissioners' Meetings and Schedules. Mr. Kanner will be out of the office on Friday. 5. Other Items. Discussion occurred regarding regional transportation issues, and a group that could coordinate this work. Mr. Kanner stated that a person in Mental Health confused information between two patients, resulting in HIPAA violations. One of the patients filed an HIPAA complaint. Mr. Kanner does not think the County faces liability issues because of this, as it happened at the hospital. Mr. Kanner said that he will be meeting with representatives of the City of Bend, possibly April 13, to talk about common goals and solutions. The Commissioners feel that there have to be clear, identifiable cost savings and very coordinated levels of cooperation. Mr. Kanner said that all assumptions need to be set aside and clear questions posed. He is concerned about whether there will be a cost savings for both entities. The County is an efficient organization and he does not want this in jeopardy. If it simply saves the City money, it may not be the right thing to do. Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 4 of 7 Pages Commissioner Luke stated that he would be okay with this if the County can just break even, as it could save the citizens some money in the long term. Commissioner Baney asked what type of questions need to be asked. Commissioner Luke replied that there have to be at least five City Councilors who are truly committed; otherwise, nothing will get done and there will be conflicts. Sheriff Blanton said that the City's focus is not necessarily public safety or police services. Mr. Kanner said that the meeting will address setting up an agenda, with the appropriate departments and questions listed. There has to be focused discussions and clear objectives, with efficiencies. The question came up as to what the County can do regarding local rule, in light of the recent Measure that failed. Mr. Kanner stated that the Ordinance is now invalid and never went into effect. Mirror Pond Gallery is closing and will not provide rotating artwork as before. Anna Johnson researched this issue, and now there is an agreement in principle with COIC, who will provide artwork from students throughout the building, at the same price. On that note, Commissioner Baney said that nonprofits have to be creative to make money. The Gallery was selling art to fund operations so that they could use grant funds to enhance the arts. Commissioner Luke stated that over 50% of the land in the County is not taxed, and the rest of the property owners has to support services. Commissioner Baney said that this is much like Habitat for Humanity and its Restore. Commissioner Luke stated that Restore does not pay people for donations. The Gallery gets a commission on the sales, and the artist makes money as well. Dave Kanner said that they were not selling donated items, and were using profits to run their business. This is a commercial, for-profit business. Commissioner Baney said that there is a new bill relating to the schools and printing services. Commissioner Luke stated that when groups get to the point where they compete against other businesses, it is not a level playing field. This is being discussed at the legislature. Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 5 of 7 Pages Mr. Kanner said that CATS (Community Action Team of Sisters) has an opportunity to get funding from the Roundhouse Group, for economic development. CATS has no staff and needs someone to act as fiscal agents. It involves about $5,000 total and the County can charge a 10% administrative fee. The Commissioners support this if it does not become labor-intensive. The City of Sisters does not handle grants. The Board supported Commissioner Baney's signature of a letter to COIC regarding support for a TGM grant application for funding a strategic transportation options plan (public transportation). Discussion occurred regarding Richard Klice's commenting on destination resorts at hearings. He is a Planning Commissioner but said he was speaking for himself, not the Commission, supporting Representative Whinny's bill at the legislature. Commissioner Baney met with the Commission on Children & Families' board, and they plan to take 50% of their reserve funds to use on maintaining current programs. They may make the additional amount available for RFP's in the future if needed. Commissioner Baney stated that in regard to regionalizing mental health services, Scott Johnson is mildly concerned about the direction it is going. She said the subcommittee on human services will be meeting on Wednesday and she will attend. She will already be in Salem to testify regarding the homeless situation. The biggest concern is not whether it looks better on paper, but whether it provides efficiencies and savings. Commissioner Unger said that he feels these should be in work groups instead of being thrown out without the details refined. Also, Deschutes County is in pretty good shape but the other counties are not necessarily as solvent, and he is not sure how a better level of service can be obtained without taking away from Deschutes County. Commissioner Baney said she will attend a meeting on Thursday as well, for further discussions regarding mental health services and system reform. Being no further items addressed, the meeting adjourned at 4:10 p. m. Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 6 of 7 Pages DATED this 23rd Day of March 2009 for the Deschutes Cou Board of Commissioners. Tammy Baney, Chair Dennis R. Luke, Vice Chair ATTEST: G Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Monday, March 23, 2009 Page 7 of 7 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, MARCH 23, 2009 1. Jail Project Update - Sheriff Blanton, Ruth Jenkin, Susan Ross 2. Shooting Range Update - Sheriff Blanton, Capt. Marc Mills 3. Review of FY 2009-10 Goals and Objectives 4. Update of Commissioners' Meetings and Schedules 5. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. fN 0 N L' O O t0 • N E x ~o LL. 0 a M M Qss q V' i N -tcl 0 co o ~ ~ ~JTES Q ~ L 4u A" Property & Facilities Department Susan C. Ross, Director 14 NW Kearney Street, Bend, OR 97701-1960 (541) 388-6594 • Fax: (541) 317-3168 www. co. deschutes. or. us March 18, 2009 TO: Board of Commissioners FROM: Susan Ross, Property & Facilities Director RE: STAFF REPORT FOR 3/23 WORK SESSION - JAIL UPDATE Sheriff Larry Blanton, Captain Ruth Jenkin, and I will be providing a jail project update at your March 23 work session. Following is a summary of the items that will be discussed. 1. The latest cost estimate, prepared by Kirby Nagelhout Construction Company, based on 100% design development package, is attached as Attachment A. 2. We will provide a general project update, including design and site plan status. 3. On the agenda for your Wednesday, March 25, business meeting, there is an item regarding a change order with Steele Associates Architects. In December 2007, Deschutes County entered into a contract with Steele Associates Architects for the design of the Deschutes County jail expansion and remodel. The original scope of work consisted of 73,400 square feet of new construction which included 176 new double-occupancy cells; 19,400 square feet of remodeling of existing space; sitework consisting of roadways, parking lots, sidewalks, security fencing, and landscaping. At the time of contract, the cost of work for construction of the improvements was estimated at $31.4 million. As the design progressed, it was determined that additional scope needed to be added to the project in order to provide the most efficiency and functionality to the jail and to make sure it could accommodate future expansions. These additional items were discussed with the Board of Commissioners in a work session on August 18, 2008, and are summarized below: Cost Premium for Increased Project Scope: Building Component Estimated Cost Inmate Processing $1,179,500 Quality Services Performed with Pride Medical Training Area Search & Rescue 924,200 1,105,200 1,751,300 Evidence Storage 143,000 Biomass Central Plant 872,000 (Long Term Energy Savings Payback) Site Development 1,262,815 Subtotal $7,235,630 State Mandated 1.5% Solar 588,655 Escalation (Total Project) 4,709,320 Total Construction Cost $12,533,620 Owner Soft Cost 137,240 TOTAL INCREASE $12,533,620 On August 18, 2008, the Board agreed that design of additional scope items would go forward with the understanding that items may have to be deleted depending on the amount of funds that were available for construction. Some of the additional scope items originally listed were not considered and were dropped from the list. Approximately 30,000 square feet of either new construction or remodel of existing space was added to the scope, as well as additional site issues, including a realignment/relocation of the Swalley Irrigation canal. The latest cost estimate for additional scope items is estimated at $5.6 million and include the additional components outlined in Attachment B. The amount of the change order increase with Steele Associates is $368,700, which represents 6.5% of the value of the increased cost of work, which is consistent with the fee percentage applied to the original cost of work. ($5.6 million x 6.5% = $368,700) 4. Another agenda item for the March 25 business meeting will be an agreement between Deschutes County and the Glenn Vista Pump Station LLC for the County to purchase sewer capacity for the jail project. I have provided an updated in the past, but I will recap here. Upon review of all the options for sewer service for the jail expansion project, consultants and contractors have determined that the most efficient and least expensive option is to purchase the capacity available in an existing pump station. The Glenn Vista Pump Station, west of the current jail complex, was constructed in 2006, and a reimbursement district was established by the City of Bend. The jail property is not within the boundaries of this district. Approximately 50% capacity is remaining, which is sufficient to serve the jail expansion. The developers of the pump station have agreed to request a dissolution of the reimbursement district and therefore allow the County to utilize all remaining capacity for a price of $225,000. The estimated cost of the County building its own capacity is in the neighborhood of $400,000. County legal counsel and the property and facilities director have met with the city engineer and city legal counsel to discuss the process for dissolving the district, and the city has given assurance that the dissolution can occur. Attached as Attachment C is the proposed agreement between Deschutes County and Glenn Vista Pump Station LLC for the purchase of this sewer capacity. Once the agreement is finalized, Glen Vista will submit a request to the City of Bend for dissolution of the reimbursement district. Formal purchase and disbursement of funds by County will not occur until the district is officially dissolved. ,44+-a-~t,1 Kv\e~-r A- Kirby Nagelhout CC Spreadsheet Report Page 1 Deschutes County Jail DD 11912009 9:39 AM ❑ta r , m unt T V' . o GCs General Conditions 3,760,245 Masonry 200 GCs 3,760„445 Central Plant Special Construction 327,750 Mechanical 755,012 Electrical 176.801 Central Plant 1,259,563 Court Sitework 104,859, Concrete 135,963 Masonry 310,865 Metals 168,8851 Woods & Plastics 36,610 Thermal Moisture & Protection 279,402 Temp Fence 227,596 Finishes 317,370 Specialties 192,187 Equipment 237,672 Furnishings 122,611 Mechanical 1,365,124 Electrical 294,793 Electronic Safety and Security 347,088 Court 4,141,126 Existing Jail Demolition 221,831 Existing Jail 221,831 Housing Sitework 224,623 Concrete 2,116,457 Masonry 1,864,837 Metals 457,888 Woods & Plastics 109,598 Thermal Moisture & Protection 451,648 Temp Fence 1,815,007 Finishes 1,005,527 Specialties 105,814 Furnishings 251,716 Special Construction 27,600 Mechanical 2,465,775 Electrical 1,119,980 Electronic Safety and Security 1,717,393 Housing 13,733,865 'IntakeWedical i Sitework 57,256 Concrete 129.886 KJfby Na4elhout CC Spreadsheet Report Page 2 Deschutes County Jail DD 11912009 9:39 AM 11 n r y L6C t 16h C)e~sC60 Total%larnbUr<t , Masonry 416,873 Metals 87,231 Woods & Plastics 27,950 Thermal Moisture & Protection 123,441 Temp Fence 231,258 Finishes 128,805 Specialties 18,090 Equipment 108,994 Furnishings 242,420 'Mechanical 675,560 Electrical 454,385 Electronic Safety and Security 722,285 Demolition 4,295 IntakeWedical 3,428,749] Sheriff Concrete 15,000 Masonry 2,240 Metals 11,500 Thermal Moisture & Protection 18,120; Temp Fence 4 1,900? Finishes 10,0001 Electrical 3,9771 Sheriff 62,737 Site General Conditions 139,601 Sitework 2,985,754 Concrete 35,192 Masonry 14,206 Thermal Moisture & Protection 117 Finishes 490 Special Construction 325,567 Demolition 326,958 Site 3,827,885 Staff Sitework 111,822 Concrete 272,274( Masonry 395,310 Metals 200,172 Woods & Plastics 20,483; Thermal Moisture & Protection 286,206] Temp Fence 208,363 Finishes 229,245 Specialties 76,903 Equipment 605 Furnishings 102,721 Conveyance 375,431 Mechanical 38,210 Electrical 269,2081 Kirby Na§elhout CC Location Spreadsheet Report Page 3 Deschutes County Jail DD 11912009 9:39 AM E • Q~scrip~i~n: , %,~C~,~~lAmai n~~ Electronic Safety and Security 220,761 Demolition 3,896 Staff 2,811,628 Kirby Nagelhout CC Spreadsheet Report Page 4A Deschutes County Jail DD 11912009 9:39 AM Estimate Totals Description Amount Totals Rate Labor 8,582,052 Material 7,013,104 Subcontract 16,876,201 Equipment 724,292 Other 52.180 33,247,829 33,247,829 Photovoltaic Allowance 4598 717 1.500 % 498,717 33,746,547 Estimating Continoencv 4 374 995 10.000 % 3,374,655 37,121,201 GL Insurance IN 742 5.300 $ 1 196,742 37,317,944 P&P Bond 196 590 5.000 $1 188,590 37,504,533 All Risk Insurance .,197_523 0.500 % 187,523 37,692,055 Overhead and Profll 942.301 2.500 % Total 38, 634,358 Cost Basis Cost per Unit Percent of Total 22.21% 18.15% 43.68% 1.87% 0.14% 86.06 T 1 79% 1.29 T 71% 8.73 1.000 T n 51 0.51 1,000 T 0.48% 0.48 T n aa% 0.49 T 2.44% Attachment mI STEELE ASSOCIATES ARCHITECTS ARCHITECTURE INTERIOR DESIGN MASTER PLANNING SUSTAINABLE DESIGN 686 NW YORK DRIVE BEND, OREGON 97701 541.382.9867 FAX 541.385.8816 www.steele-arch.com Additional Design Service To: Susan Ross From: Scott Steele Subject: Deschutes County Jail Facility Expansion A&E Design Proposal Date: March 2, 2009 Susan: Per our previous discussions the information below summarizes our additional design services to provide design and engineering documents for a series of new areas of building and site expansion at the Deschutes County Jail site. Per Article 1.3 section 1.3.3.2, item number 4, these areas are in addition to the original scope of work that that was agreed upon in our January, 2008 master agreement and are subject to a Change in Service. For your convenience we have outlined each of the new building components below to recognize the areas of increased project scope. The estimated costs for each associated area are directly from KNCC's recent cost estimate: Added Site & Building Components Site/Bldg. Component Area Estimated Cost ❑ Additional Site Development Area/Swalley Canal 222,167sf (5.1 acres) $1,262,800 ❑ New Sheriffs Storage Building D (1) 3,000sf $ 384,000 ❑ Additional Inmate Processing Area/Sally Port 12,166sf $1,179,500 ❑ New Medical Unit 2,870sf $1,086,800 ❑ New Central Plant/Maintenance Bldg. 4,520sf $1,259,500 ❑ New Sheriffs Evidence Storage Area 417sf $ 72,800 ❑ New Staff Traininiz Room 2,932sf $ 344,400 Estimated Construction Cost of additional bldg. components: $ 5,589,800 State Mandated 1.5% Solar Requirement (new areas only) $ 83,847 Escalation (not included) $ 0 Total $5,673,647 Scope of Services - Additional Design/Engineering and Analysis Prepare drawings and engineering for new building areas: ❑ Prepare site plans (civil and architectural) to incorporate additional site area (referenced above) including new central plant, storage and maintenance buildings, reconfigured parking area near OSP, new access road alignment and new site area adjacent to new sally port; ❑ Provide additional civil design and drainage analysis for new building areas and parking lots; ❑ Provide civil design of relocated Swalley Canal; ❑ Provide additional programming and architectural plan drawings for new added building areas and added renovated areas; ❑ Provide additional structural analysis and engineering required for new added areas and additional renovated areas; 686 NW York Drive Bend, Oregon 97701 541.382.9867 FAX 541.385.8816 info@steele-arch.com ❑ Provide structural foundation drawings and calculations for (2) new pre-engineered steel buildings. ❑ Provide mechanical and electrical plans and engineering showing the design for additional building areas, new Central Plant building, new Sheriff s evidence storage and additional renovated areas; ❑ Provide additional site electrical design for new site development areas. ❑ Provide additional security design and plans for new building expansion areas; Compensation Per Article 1.5 Compensation, section 1.5.2 we are requesting an adjustment to our originally agreed upon fee to cover the added architecture and engineering services required to complete this new additional work. The additional fee to cover the increased scope of work at 6.5%: $368,700 Please acknowledge this agreement by signing and dating below, you can contact me if you have any questions re: this scope and fee. Sincerely, Steele Associates Scott Steele, AIA, LEED AP President Deschutes County Board of Commissioners Tammy Baney, Chair Dennis Luke, Vice Chair Alan Unger, Commissioner Mark Pilliod, Deschutes County Legal Counsel 686 NW York Drive Bend, Oregon 97701 541.382.9867 FAX 541.385.8816 info@steele-arch.com REVIEWED LEGAL COUNSEL ATTACHMENT C AGREEMENT TO ACQUIRE SEWER CAPACITY THIS AGREEMENT is made this day of , 2009, between GLENN VISTA PUMP STATION LLC, an Oregon limited liability corporation, ("Seller"), and DESCHUTES COUNTY, Oregon, a political subdivision of the State of Oregon ("Buyer"). WITNESSETH: WHEREAS, Seller designed and constructed (or caused to be designed and constructed) the Glenn Vista Pump Station in fulfillment of a condition of City of Bend approval of Hardy Road Subdivision PZ05-703/704 and to provide sewer capacity in the area of Glenn Vista Road, OB Riley Road and Hardy Road. WHEREAS, upon Seller's request the City of Bend formed the Glenn Vista Sewer Improvement Reimbursement District by Resolution No. 2655; and WHEREAS, Buyer wishes to acquire the unallocated sewer capacity in said Glenn Vista Pump Station to serve future development of Buyer's public facilities; and WHEREAS, based upon Buyer's interest as stated immediately above, Seller will request upon mutual acceptance of this agreement that the City opend dissolve the Glenn Vista Sewer Improvement Reimbursement District; NOW, THEREFORE, for and in consideration of the mutual representations and promises of the parties, the adequacy and sufficiency of which is acknowledged, it is agreed as follows: 1. Term. The term of this Agreement shall be twelve (12) months from the last date indicated on the signature page of this Agreement. In the event this Agreement expires before the Conditions for Closing have occurred, Buyer may, at its sole option, either renew this Agreement upon the same terms and conditions set forth herein, or terminate this Agreement. 2. Consideration. Upon satisfaction of all the Conditions for Closing set forth in section 4 of this Agreement, Buyer will pay Seller an amount representing a portion of what Seller would have received from the City of Bend on account of future connections to the Glenn Vista Pump Station pursuant to the Glenn Vista Sewer Improvement Reimbursement District. The parties hereby stipulate that such amount is Two Hundred and Twenty Five Thousand Dollars ($225,000.00). Upon payment of such amount to Seller, Buyer shall acquire Seller's entire interest in the Glenn Vista Pump Station. 3. Sewer Capacity. The Glenn Vista Pump Station is located on Glenn Vista Road approximately 400 feet west of the intersection with NE O.B. Riley Road as shown on Exhibit "A", made a part hereof and incorporated herein by this reference. Buyer estimates the unallocated sewer capacity to be 150 gallons per minute (GPM). 4. Conditions for Closing. Buyer's obligation to pay Seller the consideration stated in Section 2 of this Agreement is subject to the Parties' mutual satisfaction or waiver of each of the following conditions: Page 1 of 3 - Glenn Vista Option Agreement 4.1 Seller shall submit a written request to the City of Bend in a form acceptable to Buyer that the City dissolve the Glenn Vista Sewer Improvement Reimbursement District. 4.2 City shall provide written notice to the owners of property located within the Glenn Vista Sewer Improvement Reimbursement District advising that the City will hold a public hearing to consider Seller's request. 4.3 After giving written notice thereof, City shall conduct a public hearing to consider Seller's request, as well as objections from the owners of property located within the Glenn Vista Sewer Improvement Reimbursement District and other interested persons of the potential dissolution by the City of the Glenn Vista Sewer Improvement Reimbursement District. 4.4 City shall adopt a resolution in a form acceptable to Buyer formally declaring the Glenn Vista Sewer Improvement Reimbursement District dissolved. 4.5 If no appeal is filed within sixty (60) days after City adoption of the resolution referred to in subsection 4.4, Buyer will proceed with closing. If an appeal or other legal challenge is filed within 60 days, it shall be resolved so as to enable Buyer to acquire unallocated sewer capacity of the Glenn Vista Pump Station from the City of Bend. 4.6 Closing shall take place within ten (10) days after the events described in this section have occurred. 5. Binding Effect/Assignment Restricted. This Agreement is binding on and will inure to the benefit of Seller, Buyer, and their respective heirs, legal representatives, successors, and assigns. 6. Buyer shall cooperate with Seller and City of Bend`'to achieve the dissolution of the Glenn Vista Sewer Improvement Reimbursement District. Buyer shall be solely responsible for securing from the City of Bend the rights to acquire and utilize and all costs associated with connecting to the Glenn Vista Pump Stationx tither than Seller's own attorney fees, Buyer shall pay all fees and costs associated with dissolution of the Glenn Vista Sewer Improvement Reimbursement District. 7. Buyer and Seller are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries. 8 Notice. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing, to Buyer or Seller at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by personal delivery, electronic mail, facsimile, or mailing through the U.S. Postal Service. Any notice under this Agreement shall be mailed by first class postage or delivered as follows: To Buyer: Deschutes County % Director of Property & Facilities 14 NW Kearney Avenue Bend, Oregon 97701 Fax: 541-317-3168 To Seller: Glenn Vista Pump Station LLC % Jason Adams 505 SW Mill View Way, Suite 250 Bend, Oregon 97702 Fax: 541-388-2655 Page 2 of 3 - Glenn Vista Option Agreement 9. Counterparts. This Agreement may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute on original. 10. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to observe any of the terms of this Agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 11. Entire Agreement. This Agreement and the attached exhibits, if any, constitute the entire agreement between the parties. All understandings and agreements between the parties and representations by either party concerning this Agreement are contained in this Agreement. No waiver, consent, modification or change in the terms of this Agreement shall bind either party unless in writing signed by both parties. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 12. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the sate of Oregon. 13. Time Is of the Essence. Time is of the essence of each and every provision of this Agreement. 14. Acceptance. Each undersigned represents that they,are authorized to execute this Agreement on behalf of the respective party, that they understand and hereby agree the terms of this Agreement. SELLER: GLENN VISTA PUMP STATION. LLC/ By: By: Alterra Investments LLC, Jason Adams Member Daniel Kiesow, Member By: BUYER: DESCHUTES COUNTY ATTEST: Recording Secretary Date Joani Kiesow, Member BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair DENNIS R. LUKE, Vice-Chair ALAN UNGER, Commissioner Page 3 of 3 - Glenn Vista Option Agreement Jhf- Jv- F u rg ' - ~ N~WIT U * R MEW 10 r f R • i"v" 0 k _ { A vuiaS k- i. 0 - ',t~~3NO1SHtl310 ~ ~ ' xl ~ 1S3aOV~V1 ~ ~ - ~ ~ ~ t j 0 10 i~h 5F =84 i lot F ~ t - ♦V'n^ t ~ Jp ~ e ~tg ~ asx~aaHo } ~ ~ N ~ ~ ? a i tl3lON~VaM w ir'~~ ~ ; { 3 ' =d'91Re • " ~P Q w. a3aeHOnoaoHi9~ -0 7 0 6 F key .~JM x 8!' 11 ~ lip f4 •'U•~• Vg F f Document Reproduces Poorly (Archived) Document' Reproduces Poorly (Archived) 010 I'iv LAVACREST f CLEA-MNE f~ ~ 4• ,a~..s :fig * a_~5~•~w, ~ 4.s M+~ ~ ~ ~ 41 ftw 4ft v y BRITTA 7 7* At *?i 91 g -if sHeTYLAMO t. , .s # i SERVICE I}' . f F. -F up Mgt. ~A t iI!ee gA or AQ, Uq. ..lift kv" JAhI N - - ID "I N44 ~11~ pµ3a d V' Memo To: Dave Kanner, County Administrator From: Marc Mills, Captain Date: March 16, 2009 Re: Sheriffs Office Shooting Range Update - Next Monday's work session The Deschutes County Sheriffs Office, along with Deschutes County Property Management has been actively seeking land that could be used for a Sheriffs Office Shooting Range. We have made contacts with BLM, the Oregon National Guard, and Redmond Rod & Gun Club to seek alternatives as well as creative ideas/solutions for a range. Ideas have ranged from County owned land, BLM land/land swap, partnerships with the Military/the Redmond Rod & Gun Club. We have run into issues with all ideas mentioned. Some months back the Bend Trap Club contacted the Sheriffs Office after an article appeared in the Bend Bulletin regarding the sale of County property that included the Sheriffs Office Shooting Range. We made contact but waited until February 2009 to meet with Bend Trap Club's Board to see what they had to offer. Bend Trap Club has done an excellent job constructing their current facility (about 28 miles east off Hwy 20). They have offered the Sheriffs Office a lease of about 120 acres adjacent to their current facility that would be exclusively used by the Sheriffs Office (this would allow for tax exemption for the 120 acres). They also would allow us to tap into utilities and allow for construction of a large storage building. We have made contact with the Assessor's Office and Planning Department to understand the possibilities. What we have found is that we may have some planning issues that we are still working on, but possible solutions too. Deschutes County FY 2010 Goals and Objectives Mission Statement Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner Public Safety: Protect the public through a combination of prevention, prosecution, correction and supervision 1. Ensure Deschutes County can meet its long term public safety needs 2. Promote conditions, behaviors and attitudes that result in a safer community 3. Maintain and strengthen current levels of diversion and alternative programs 4. Lead and coordinate regional efforts in emergency preparedness Direct Services: Provide for direct services that enhance day-to-day quality of life and plan for future quality of life 1. Ensure accurate and timely assessment and taxation of property and recording of real property 2. Address and plan for growth in Deschutes County 3. Develop long term plan for meeting road maintenance and construction needs 4. Conduct elections in an open, transparent, secure and accurate manner Natural Resources: Assess, protect and enhance the natural resources of Deschutes County 1. Support sound forest management practices 2. Enhance and protect groundwater and surface water in the Deschutes Basin 3. Support beneficial utilization of natural resources for economic development, tourism and recreation Health Services: Facilitate, invest in and provide a system of services to improve the health of Deschutes County residents 1. . Partner and offer leadership on community initiatives 2. Undertake preventive measures to reduce future demands for County and community services 3. Provide health services in an effective and efficient manner 4. Positively influence conditions, behaviors, attitudes and resources regarding health services through systems change, community mobility and policy change Support Services: Ensure that Deschutes County staff and decision makers have the knowledge, skills, resources and tools necessary to deliver quality public services 1. Assess, refine and expand, if necessary, the countywide training program 2. Evaluate and enhance customer service practices 3. Ensure that the county work environment is safe and conducive to productivity 4. Efficiently and effectively use information technology to improve staff productivity and enhance customer service 5. Provide ongoing evaluation of employee performance and employee job satisfaction 6. Ensure fiscal responsibility in all aspects of county operations .~-c0 Co tA%It 55(c EJ&Z5 y'lk+S. GAr-~ O~~c~s S Board of Commissioners 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 Mr. Tom Moore, Executive Director Central Oregon Intergovernmental Council 2363 SW Glacier Place Redmond, OR 97756 541) 388-6570 - Fax (541) 385-3202 www.co.deschutes.or.us board @co. deschutes. or. us Tammy Baney Michael M. Daly Dennis R. Luke RE: COIC TGM Grant Application for the Strategic Transportation Options Plan Dear Mr. Moore: On behalf of the Deschutes County Board of Commissioners, I am writing to express support for the Central Oregon Strategic Transportation Options Plan project. The purpose of the project is to develop a strategic plan for public transportation options in Central Oregon, and the goal is to develop "best practice," cost-effective solutions that will reduce the need for costly infrastructure investments to accommodate expected regional trips in the year 2030. The emphasis will be on identifying solutions that a) save local governments money, b) provide a solid platform for economic development, and which are c) tailored to each jurisdiction. The Deschutes County Board of Commissioners will receive a total of five presentations from project staff over the duration of the project to ensure that all members are fully up-to-date on project analyses and outcomes, and commissioners have the opportunity to participate on the project Policy Working Group. Deschutes County agrees to work cooperatively with Central Oregon local governments, and understands that its support for this project in no way abdicates the County's planning and funding authorities. Therefore, the County commits the following: • An appropriate staff member will be designated to participate on the project Planning Working Group, which will meet 12 times over the course of the 24-month project; • Members of the Deschutes County Board of Commissioners will participate on the project Policy Working Group, through their current participation on other regional boards (COACT and the COIC Board); • The County will consider entering into implementing agreements, as deemed appropriate and advantageous for the County and the region. Sincerely, Tammy Baney Chair, Deschutes County Board of Commissioners Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner March 23, 2009