2009-1198-Minutes for Meeting March 23,2009 Recorded 5/12/2009COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS vy ~00~~~~~+~
COMMISSIONERS' JOURNAL
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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.
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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 ,
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unt
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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
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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
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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