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HomeMy WebLinkAbout2010-02-24 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 24, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Tom Blust, George Kolb and , Road Department; Capt. Tim Edwards and Sue Brewster, Sheriff’s Office; David Givans, Internal Auditor; Anna Johnson, Communications; Marty Wynne and others from Finance; Timm Schimke, Solid Waste Department; Nancy Blankenship, Clerk; and about ten other citizens, including a reporter from The Bulletin and representatives of television media. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Citizen William Kuhn thanked the Board for installing Wi-Fi so he can better monitor what is going on. In regard to the February 22, 2010 Board business meeting, he wants the Board to know that he has been a registered investment advisory for decades and before that a school teacher. He was appalled at what occurred at that meeting. Prior to a hearing of any type on a text amendment or appeal, it is required that one of the judiciary members of the Board read a statement that deals with bias, prejudice, prejudgment. The #3 item on the agenda was a text amendment regarding bicycle parking standards. While reading the statement, the Chair broke into laughter and asked why this had to be read as it was a waste of time. Chair Luke noted that “waste of time” was not mentioned in any way. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 1 of 12 Pages Mr. Kuhn said under the 14th Amendment to the Constitution, due process, an impartial body is supposed to hear whatever. He believes that this Commission owes the citizens an explanation of why laughter would be included in a discussion on how to do away with such a reading. This cannot continue. Commissioner Luke said that he has previously asked staff and asked again, since most opening statements are the same, for them to figure out a way to print out the statement or show it in an overhead for all to see. This was done with Measure 37 claims, and the applicants got a copy ahead of time. At the end of the statement where the Board talks about conflicts of interest and ex parte contacts, it is important to state those. Most of the opening statement is standard language. He has asked several times over the past eleven years if it can be put on the wall so every citizen can see it. He still hasn’t gotten an answer to this request. 2. Before the Board was the Reading of a Proclamation, Recognizing Finance Department Employee Cheryl Circle for 35 Years of Service. Marty Wynne introduced Cheryl Circle, who has served the County for 35 years. He said her years of service have been exemplary, and represent what any employer would want, dealing with staff and citizens. She works long and hard and is very dedicated. Ms. Circle said it has been an honor and feels everyone gives 100% in serving citizens. You need to feel good about the job that you do. Mr. Wynne stated that the good news is she can stay longer if she wants to since she is still young. Commissioner Unger added that it says a lot for the County that she wanted to stay for so many years. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 3. Before the Board was Consideration of Signature of Order No. 2010-010, Initiating the Dissolution of Laidlaw Water District. This item was withdrawn from the agenda while further work is done on the issue. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 2 of 12 Pages 4. Before the Board was Consideration of Chair Signature of a Notice of Intent to Award Contract for the Knott Landfill Cell 5 and Area A Closure Project. Timm Schimke stated that Knott Landfill is ready for another cell. It is also time to close Area A, which has reached capacity, so a cap is required. The proposal incorporated both projects. Eight bids were received, with about half coming in under the engineer’s estimate. A company familiar with landfills and of good repute came in as the low bid. Commissioner Baney stated that this appears to be two projects bundled together. One is more highly technical, while the other is more ordinary. She is concerned that by doing this, it has excluded the ability of local contractors to participate in the less technical project. She thinks some of the ways that the County operates can either benefit or hinder local businesses. Perhaps a simple change like this could benefit the community and still meet public contracting guidelines. Commissioner Unger agrees, but balance is important. Between a local to an out of area contractor, $347,000 was saved. They have to do the best job with the public money, the times and the local impact. It has become more relevant in today’s economy. They want to be supportive and flexible, but save the taxpayers money. Chair Luke said that there were concerns raised by local contractors. He knows that this could be bid two ways: a lump sum, or in separate projects, and reviewed to see if there is more money to be saved by combining them. It would be nice if a local contractor could have been the low bidder. The Board is asking if there are different ways that this can be handled in the future. Commissioner Unger stated that a lot of things were discussed regarding the capping project. After closure, there are end uses. Mr. Schimke said that the end use could require more to be known about how to cap the land. Commissioner Unger asked if this contract award restricts how the land might be used. Mr. Schimke stated that if an intensive end use, the cap would have to be modified. This would include a golf course use. Commissioner Unger would like to stay within budget. Mr. Schimke stated that the most intensive use at this point would be walking trails. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 3 of 12 Pages Commissioner Baney stated that she does not want to waste money. These are historic times and she is concerned about businesses that go out of businesses. If there are ways to allow more opportunities to local businesses without costing more, she would like to support them. Mr. Schimke said that this particular project is intertwined with the other project. There is a timing issue as capacity is needed within eight or nine months. The excavation material will be used for the closure. There can be efficiencies to be gained by overlapping the projects. He understands the point, but there is a question of economics. It might not have been more expensive by splitting it up, but it could have been. It is up to the Board as to whether to support additional cost. Commissioner Baney said that the more people who become unemployed, the more who end up needing County services. This is an unseen expense and result. Commissioner Luke stated that this is a very real concern. If there are ways to do this without additional expense, it should be considered. Mr. Schimke said that there might a little extra work required in the gas measuring process, which would be additional. Chair Luke stated that this is worth exploring to see if there is a better way to handle contracts. Commissioner Baney feels that this is the time to discuss a change. Chair Luke stated that contracting laws are very strict and there would have to be a very good reason to indicate a change at this point. Commissioner Baney asked if they could go out for bid on these items separately at this point. Mark Pilliod stated that the County has the authority to cancel a solicitation if it is in the County’s best interest. There has not been a rationale or statement developed to support this. He would not be surprised if the low bidder complained that this is not justified. Everyone will then know everyone else’s bids, and would anticipate the bids to be similar. Typically the justification for canceling and going back is due to an inherent flaw, creating a misunderstanding about the scope of the project or purchase. It leaves the County with a lot of discretion to do this. He has not thought about whether there is a rationale. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 4 of 12 Pages Commissioner Baney asked if the last cell closure was bid separately. Mr. Schimke said this is the first time they have been in this situation, with two projects combined. Most have been straightforward. This is the first cell closure. Commissioner Luke said it can’t be thrown out because it is over budget. They also have to do the breakdowns and each contractor can look at everyone else’s numbers, which may be perceived as unfair. Commissioner Baney stated that this is a different process, packaging it together, and the fact that local contractors were concerned about a level playing field, more conversation should have been done to talk about the process. Mr. Schimke commented that there are detailed bids, and if this was split out, the Board could look at the 43 bid items and see whether one was more competitive than another. However, that is not the case. The contractor with the low bid was very competitive on the dirt-moving part. It is not the case that the local companies would have been less. Chair Luke stated that someone bids differently if it is one or two projects. Commissioner Unger agrees that they want to be supportive of local contractors. Next time, perhaps this can be reviewed and recognized. It is difficult to go back and rethink what has already been done. They are connoted projects and good reasons to put them together. He feels that this is a learning opportunity but should move forward to minimize risk to the County. Mr. Pilliod said that it appears that Commissioner Baney feels the local contractors who were unsuccessful in the bid that people from out of the area may not be as familiar with rock conditions, leading to cost overruns and disputes. His asked Mr. Schimke to what extent this was considered, and whether local conditions are a part of this process. Mr. Schimke said there was an extensive geophysical study done showing the rock, type of rock and where it is located. There still is a possibility that someone unfamiliar with the area might make a misjudgment, but everyone got the same information and this should be minimized. They should be able to determine where to put in drill holes and other factors. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 5 of 12 Pages Chair Luke stated that the low bidder has extensive experience in cell closures and engineers are pleased with their performance. He has a great deal of respect for the local contractors. It would have helped if they would have brought this up earlier in the process. Mr. Schimke said that (local contractor) Todd Taylor expressed concern, wanting local contractors to be given preference. But breaking out the projects was not brought up at the time. Commissioner Baney stated that this may not change the outcome but might change the criticism of the process. Making the details of the bids public information is not warranted. This has been beneficial to her, and lessons can be learned. Mr. Pilliod said that the Board regularly meets with the larger departments and through that dialogue, as well as a need for staff to reflect on how to package bids, generic requirements can be identified that recognize local needs. It could be just because of the size of the project that outside bidders were attracted to it. Commissioner Unger stated that there will be criticism either way, as bids are always subjective. Mr. Pilliod said that in a general sense there are economies of scale, and combining them can result in a cost savings. It is easy to say it might be easy but when two companies are involved, it rarely is. There could be additional costs involved if the process is not well coordinated. It is a healthy conversation and worth of the Board to expect staff to consider how to package projects in the future. Commissioner Luke asked Bob Bryant of ODOT if smaller projects would be less attractive to outside bidders. Mr. Bryant said in this current economy, it may not make a difference. Mr. Pilliod said that the Taylor NW bids from this job and from others are the same or are different over time. Today’s economy is much more competitive. UNGER: Move Chair signature. LUKE: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 6 of 12 Pages 5. Before the Board was Consideration of Signature of Document No. 2010- 142, an Amendment to an Intergovernmental Agreement with the Oregon Department of Transportation regarding the 19th Street Extension. George Kolb stated that additional federal funding has become available, so the agreement has to be changed. This is for the environmental studies of the area as well as the design relating to the right-of-way. The County match will have to occur as well. Commissioner Baney said that a work session should be held to discuss this further. Mr. Kolb said the maps and design will be completed but the land use process still must occur. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 6. Before the Board was Consideration of Signature of Order No. 2010-014, Continuing Deschutes County as a Weed Control District. Rogers Olsen and Dan Sherwin from the Road Department, and Rex Barber, William Kuhn and Spring Olsen of the Soil & Water Conservation Board came before the Commissioners. Roger Olsen said that the District was declared in 2002. Recent legislation has changed how noxious weed control is handled, so this document reflects changes in State law. Rex Barber said that in the past there has been no teeth in how to handle weed problems in the area, as well as the water leasing problem that has created fallow acreage. Chair Luke stated that Mr. Sherwin has met with some people who had questions about the program. There has been a lot of outreach to the cities and private citizens. Mr. Sherwin will report back to the Board about progress made. He said that the City of Redmond is very supportive. Commissioner Unger stated that he is glad the cities are a part of this, as they tend to ignore the problem unless it is a fire hazard. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 7 of 12 Pages BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 7. Before the Board was Consideration of Signature of Document No. 2010- 156, a Lease Agreement with Brookswood Meadow, LLC regarding Space in Brookswood Meadow Plaza. Capt. Tim Edwards gave an overview of the item. Brookswood Meadow Plaza is offering free space to the Sheriff’s Office so that they could have a presence in the area. The same offer was made to the Bend Police Department, but they have substations scattered around the area already. This is close to Deschutes River Woods; and in fact there was a small substation at the Riverwoods Store at one point. There are no current crime issues in that area. The lease is for three years, and includes utilities. Sue Brewster said the Sheriff’s Office will have to provide improvements but the landlord will pay $500 if they ask the Sheriff’s Office to move to allow for a paying tenant. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 8. Before the Board was Consideration of Signature of Resolution No. 2010- 015, Establishing a Convenience Fee for the Use of Debit Cards Nancy Blankenship, Cheryl Circle and Chris Edleston gave an overview of the item. Ms. Circle said that the card companies dictate what can be charged. In regard to tax payments, the taxpayer needs to pay any fee because the County is not allowed to do so by law as this would be considered a discount. A convenience fee can be charged to the customer for debit cards to cover the cost of equipment, etc. It will cost the customer about $1. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 8 of 12 Pages It is a benefit to the customers as well, since many people do not use checks anymore and the customer may not have enough cash on hand. There have been a lot of requests from the public for the County to be able to take debit cards. BANEY: Move signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Baney asked that the February 8 and 10 work session minutes and the February 8 hearing minutes be removed, due to minor corrections or because they have not yet been fully reviewed. BANEY: Move approval of the Consent Agenda, with the changes noted. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Consent Agenda Items 9. Signature of Order 2010-015, Reappointing David A. Pardo as Justice of the Peace, Pro-Tem 10. Signature of Resolution No. 2010-010, Transferring Appropriations within the Behavioral Health Fund 11. Signature of Resolution No. 2010-011, Appropriating a New Grant in the Public Health Department Fund 12. Signature of Resolution No. 2010-012, Transferring Appropriations within the Assessor’s Office Fund in the General Fund 13. Signature of Resolution No. 2010-013, Transferring Appropriations within the Sheriff’s Office Fund 14. Signature of Resolution No. 2010-014, Transferring Appropriations within the I.T. Reserve Fund Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 9 of 12 Pages 15. Approval of Minutes: ƒ Business Meeting: February 10 ƒ Work Session: February 10 & 17 ƒ Hearing: January 20 (Destination Resort Remapping) ƒ Hearing: February 8 (Skyliners Road Events) CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT 16. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 911 County Service District (for two weeks.), in the Amount of $13,403.59. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 17. Before the Board was Consideration of Signature of a Letter Accepting the Resignation of Stu Otto from the Deschutes County Extension/4-H Budget Committee, and Thanking him for his Service. BANEY: Move signature UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 18. Before the Board was Consideration of Signature of a Letter Appointing Kim Seeley to the Extension/4-H Budget Committee, through June 30, 2012. BANEY: Move signature UNGER: Second. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 10 of 12 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 19. Before the Board was Consideration of Signature of Letters Accepting the Resignation of Erin Deggendorfer Borla and Alicia Sarinana from the Deschutes County Extension/4-H Advisory Council, and Thanking them for their Service. BANEY: Move signature UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 20. Before the Board was Consideration of Signature of Letters Appointing the Following to the Deschutes County Extension/4-H Advisory Council: Tina Hohman (through December 31, 2011); Shelby Pick (through December 31, 2010); and Betty Faller, Stu Otto, Jim Fields and Chris Lawrence (through December 31, 2012). BANEY: Move signature UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 21. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks), in the Amount of $1,495.00. BANEY: Move approval, subject to review. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Wednesday, February 24, 2010 Page 11 of 12 Pages