HomeMy WebLinkAbout2008-02-25 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
MONDAY, FEBRUARY 25, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy
(Baney) Melton. Also present was Dave Kanner, County Administrator; Erik
Kropp, Deputy County Administrator; Joe Stutler, Forester; Peter Russell,
Community Development Department; Mark Pilliod and Laurie Craghead, Legal
Counsel; media representatives Hillary Borrud of The Bulletin and Chris Adams of
KOHD TV; and seven other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Robert Otteni testified that he owns a tree service in south Deschutes County,
and bid on the fuels reduction contract for the County. He had questions
concerning the bid award but decided not to pursue a formal appeal; but he still
wants to bring up questions on this issue. (He gave a document to the Board at
this time.)
He said he realizes this is an attempt to help some people become employed.
When he first saw it, he found that he could not work on lots in La Pine. He
can't compete with government contracts at zero cost. He doesn't think this
was the County's intent. The County is competing with private industry due to
the grant - funded system. If they enter private property, a licensed and bonded
contractor is required. Licensed contractors should be used to level the playing
field, as cutting and removing trees requires a license.
Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2008
Page 1 of 5 Pages
Allan Clark said he was an unsuccessful bidder as his prices came in too high.
An aerial photo was included in the bid package, and it is difficult to know if
the properties are on flat land or on the river. He would usually do a bid based
on the lot number, and it is impossible to tell what is required from an aerial
photo.
Wade Fagen also talked about the bidding procedure. In December he received
documents that didn't clarify where the lots are located and what type of terrain
they are. There was not enough specific information. He said Mr. Stutler told
him that other companies seem to understand the information. He asked that
the process be clarified and be more open to everyone.
Joe Stutler said that if mowing is done north of Redmond or to the east, it is
easy to do for $35 to $40 per acre. If you are in La Pine or around homes, there
is a range of costs depending on the obstacles. There were a total of 24 bids
and most looked at the 12 work areas, and it was understood that there would be
a difference based on where the work is. Deschutes County has a mower and
does good work, but he did not want to give the perception that something was
set aside for the County. He was specific that bids would all be in acres as that
is the easiest way to measure. He added that some work items do not require a
license.
Mr. Fagan said that he feels the County should renegotiate with the pool for the
best value. He added that he is not good with writing but is good in person. He
said that a lot of contractors weren't invited to participate and some didn't like
the way it was done.
Mr. Stutler stated that he advertised through a mailing list and sent information
to 47 companies. He also had it published in the newspaper and that brought in
an additional 40 responses. A total of 24 bids were received by the closing
date.
He added that he specifically put down 15 service items. Depending where you
are in the County, only certain jobs need to be done. The whole notion is that
within the 12 work areas, as identified in the Community Fire Plans, waivers
are obtained to enter private property. Not everyone will sign up immediately.
At the end of the year he will readvertise.
Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2008
Page 2 of 5 Pages
There were 24 bids that were analyzed by him, the U.S. Forest Service, and the
Oregon Department of Forestry, who together have a long history and
knowledge of what it costs within a range to do the different service items.
Those numbers were then inflated for 2008. Mr. Clark submitted three or four
bid items that were far out of the range. Mr. Rodney submitted nine or ten and
was accepted for four or five; the others were far too high.
Mr. Otteni said that he made a mistake because he found the bid forms
confusing.
Mr. Stutter said that this will be updated in January 2009. Commissioner Luke
suggested that perhaps it go out a little sooner than that. Commissioner Melton
stated that the work needs to get done at the best price, but evidently there are
some bumps in the road. Commissioner Daly suggested that perhaps a pre -bid
conference next time would be helpful.
Commissioner Melton asked for an overview of the process. Mark Pilliod said
that the Board approved the notice of intent to award letters on February 13,
subject to protests, authorizing the Administrator and Forester to obtain
signatures. Once the project sites are assembled, agreements will be negotiated
and executed. The Board has not taken action that is inconsistent in this regard.
He wants to avoid separate, serial bids throughout the calendar year.
Commissioner Luke stated that he would like the list updated before January.
Mr. Pilliod said that the retainer agreements expire anyway at the end of 2008
and everyone will have to submit new bids for 2009. Mr. Stutter added that
probably 1/3 of the lots will be addressed this year, and the rest in 2009.
No other citizen input was offered.
2. Before the Board was the Reading of a Proclamation to Develop a Regional
Tri- County, Affordable Ten -year Strategy to Prevent and Eliminate
Homelessness.
Commissioner Melton read the proclamation to the audience.
DALY: Move signature.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2008
Page 3 of 5 Pages
3. Before the Board was Consideration of Board Signature of Document No.
2008 -064, a Memorandum of Understanding between Deschutes County,
the City of Bend and the Oregon Department of Transportation regarding
Access to Juniper Ridge.
Peter Russell said that this has previously been discussed by the Board in work
sessions. It has now been approved and signed by the City of Bend. He added
that he did get some additional things in the agreement that he wanted, such as a
public hearing requirement.
He stated that Deschutes Market Road is an issue; with Cooley Road and
Highway 97 being a top priority, Cooley may be extended to Deschutes Market
Road; everyone needs to be fully involved in the process.
Commissioner Luke said that he attended a meeting regarding Wickiup
Junction, and ODOT mentioned Burlington Northern putting in a double track
from Washington to California. They already have the right of way for it.
He said at a recent meeting is was clear that the City of Bend is trying to hold
ODOT hostage over Juniper Ridge. The City is the developer, and projects are
being driven that the City can approve for land owned by them. The private
sector will not get the same attention. Mr. Russell stated that they still have to
mitigate their impacts under State law.
Commissioner Melton stated that she would still like to have some preliminary
work sessions before an intergovernmental agreement is constructed and
developments are proposed. The County needs to know the direction the City is
headed.
MELTON: Move signature.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
4. Before the Board were Additions to the Agenda.
None were offered.
Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2008
Page 4 of 5 Pages
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 11:25 a.m.
DATED this 25th Day of February for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Dennis R. Luke, Chair
t.1-k
Tammy (Baney) Melton, Vice Chair
Tics ael Daly, om i .ioner
Minutes of Board of Commissioners' Business Meeting Monday, February 25, 2008
Page 5 of 5 Pages
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in to a County staff person.
N ame:
Mailing Address:
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Phone #:
E -mail Address: `, , 4/ /,;
Date: fZ
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Subject:
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in to a County staff person.
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Name: 79l� , � i
Mailing Address: /g6‘,1 ' 4
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Phone #:
E -mail Address:
Date: c � S/ `'
Subject: # )3,./
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in to a Co nt to erson.
Name: c+.3
Mailing Address: Pc) 6.�
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Date:
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Bid abstract for Hazardous
Fuels Removal RFP: Jan 11,
2008 Blank—No bid
Strike through =bid thrown out
o4
5
a
2: Grapple Pile
3: Sheering
: Slash buster
5: Chainsaw
thinning
6: Chipping
7: Prunningf ladder
fuel reduction
8: Mowing
9.Pile burning
10: Lop & Scatter
11: Pine needle
removal
12: Crush
& Masticate
13: Dozer pile
c
0
C
`c°
S
16: (added not on
12FP)- combination
of #3,5,6,7,13&15
Mike Gla &a All Season
Cleanup Service
$400
$200 -400
$200 -600
$75 -200
$500 750
David Viteele, Bear Mountain
Fire LLC
$135
$70
$55
$155
$50
$65
$7
$75
$95
$45
Richard Brown, Cascade
Brush Clearing
$65 -110
$175 -875
$475 875
Tom Blust, Deschutes County
Vegetation
$128.43 -
373.93
Dave Holmes, Heart of
Oregon
$335 -560
320 615
$445 -750
$230 - 385
40 -230
$250 125
$335 -560
Marc Barnes, Integrated
Resource Management
$50 -500
$50 -500
$50 -500
$50 -500
$50 -500
$50 -500
$25 -250
$25 -100
$10 -100
$25 -250
$25 -250
$50 -500
$150 -350
$50 -150
$50 -500
Keith Ross, Keith Ross
Contracting
$809-
$255-
$250
$315
$80
$215
$90-
$1
$465-
$-3g8-
-55-
Mike Shields, La Pine
Equipment
$250 -450
$250 -650
$150 -350
$250 650
$250 -450
$250 -450
$125 -375
$200 150
$250
$300 -600
-450
$250 650
Leroy Dalebout
$36.70 -98
M G Kimmel
$180 -290
$180 -240
$180 -240
$180 -240
$290400
$290 -340
$180 -290
$41-90400
$200 -340
$240 310
$240 -340
$180 210
$180 -240
$180 210
$240 -360
Scott Melcher, Melcher
Logging
$750 -1250
Robert Otteni, Professional
Tree Care
$600 -800
$600400-
$500 -600
$700 --900
$300 -490
$600 - 1200
$800 -1200
$100 - 200
$200 -300
$100 -300
$500 -600
John Williams, Quicksilver
Contracting
$715
$47-5-
$395
$330-
$220-
$9,15-
$285
$195
$2-95-
5-750-
$215
$285-
$42-5-
S-172-50-
Richard Owens, R -J
consulting Services LLC
$200 -400
$675--1600
$110 -400
$300 -500
Larry Fulkerson, Running
Tree LLC
$300-1300
$300 -1500
$300 -1500
$400
$140 -280
I
Dave Elpi, Sisters Forest
Products LLC
$600
$248
$124 -428
$310
$90
$210
$1-1$
$ -160-
Scott Spaulding, Spaulding
Property Maintenance
$500
$80
$600
$250
$40
$40
$200
Scott Nelson, Summit For & S
Bay Timber LLC
$538
$495
$499
$549-
$124
$900-
$198
$52-7-
$460-
$94
$530
$498-
$498-
$595-
$590 -
Steve Lawn, T2 Inc.
$50 -275
550 -500
550 -500
$50 -300
$310
525 -250
$0 -650
Team Approach:Ycllow
$50 -600
525 -100
510 -100
525 -160
525 -250
550 -500
5140 -300
550 -500
50-600
Jack Owens, Wildfire Fuels
Reduction
$100 - 195
$300 -900
$300_900
February 13, 2007
Sent via First Class Mail
John Williams, Quicksilver Contracting CO 64682 Cook Ave. #99 Bend, OR 97701.
Steve Lawn, Team Approach, c/o T2, Inc., 44501 Wiley Creek Drive, Sweethome,
OR 97386.
Steve Lawn, T2, Inc., 44501 Wiley Creek Drive, Sweethome, OR 97386.
Scott Melcher, Melcher Logging, P.O. Box 600, Sweethome, OR 97386.
Richard Owens, R -J Consulting Services, LLC, 2378 NW Holly Place, Albany, OR
97321.
Marc Barnes, Integrated Resource Management, P.O. box 547, Philomath, OR
97370.
David Holmes, Heart of Oregon Corps Inc. P.O. Box 279, Bend, OR 97709.
M.G. Kimmel, 15448 S. Erie, Prineville, OR 97754.
Scott Nelson, Summitt Forests inc. and South Bay Timber LLC. 1257 Siskiyou Blvd.
Ashland, OR 97520
Aichard Brown, Cascade Brush Clearing, 2660 NE Hwy. 20 Suite 610, Bend, OR
97701.
Robert Otteni, Professional Tree Care, P.O. Box 65, La Pine OR 97739.
JDavid Vitelle, Bear Mtn. Fire, P.O. Box 145 Sisters OR 97759.
Leroy Dalebout, 1072 Fort Jack Pine Dr. Gilchrist, OR 97737.
Mike Shields, La Pine Equipment, P.O. Box 154 La Pine, OR 97739.
slTom Blust, Deschutes County Vegetation, 61150 SE 27th Street, Bend, OR 97702.
Keith Ross, Keith Ross Contracting, 5067 W. Hwy. 126, Redmond OR 97756.
VMike Glafka, All Seasons Cleanup Service, 60911 Ashford Dr. Bend, OR 97702.
Scott Spaulding, Spaulding Property Maintenance, 400 NE Robin Court, Prineville,
OR 97754.
Jack Owen, Wildfire Fuels Reduction LLC, P.O. Box 3823 Sunriver, OR 97707.
Larry Fulkerson, Running Tree, LLC, 22321 McArdle Road, Bend, OR 97702.
David Elpi, Sisters Forest Products, LLC, 69490 Green Ridge Loop Sisters, OR
97759.
Alan Clark, 13661 SE Cayuse Street, Prineville, OR 97754.
Ron Payden, Woodland Rehab. and Restoration, LLC, P.O. Box 821, La Pine, OR
97739.
Andy Smith, Spring River Tree Service, Inc. P.O. Box 1987 Sunriver, OR 97707.
RE: Fuels Treatment Qualified Pool Retainer Agreements
NOTICE OF INTENT TO AWARD CONTRACT
On January 11, 2008, the Deschutes County Forester considered proposals for
selection of a qualified pool of providers for Fuels Treatment Services, pursuant to
Deschutes County Code Chapter 2.37.130. Fuels Treatment Services consist of one or
more of the following: hand piling, grappel piling, sheering, slash busting, chainsaw
thinning, chipping and removal, pruning /ladder fuel reduction, mowing, pile burning, lop
and scatter, pine needle removal, crush and masitcate, dozer piling mulching and
tub /horizontal grinding. The Forester determined which of the proposers' submittals and
the particular services they offered represented the best value to the County. Attached
to this Notice on Exhibit A is a summary of the proposers and the particular services
that the Forester has recommended be placed in a "qualified pool" for selection within
the current calendar year to perform such services on various work sites to be identified
by the Forester.
The decision to not select a particular proposer or one or more services for which a
proposal was submitted shall not be construed as County's determination such
proposer(s) were not "qualified" in a general sense. Rather the decision not to select
one or more proposers or services being proposed were considered not sufficiently
competitive or not in the best interest of the public.
This Notice of Intent to Award Contract is issued pursuant to ORS 279B.135 and
Oregon Administrative Rule (OAR) 137- 047 -0610. The Board hereby waives
application of Deschutes County Code 2.37.140(c), requiring protests to be filed within
three (3) business days.
A copy of this Notice is being provided to each firm or person that submitted a proposal
for this contract. Any firm or person which believes that they are adversely affected or
aggrieved may submit to the Board of County Commissioners of Deschutes County,
Oregon, 1300 NW Wall Street, Suite 200, Bend, Oregon 97701, a written protest within
seven (7) days after the issuance of this Notice of Intent to Award. The seven (7) day
protest period will expire at 5:00 PM on Wednesday, February 20, 2008.
Any protest must be in writing and specify any grounds upon which the protest is based.
If no protest is filed within the protest period, this Notice of Intent to Award becomes an
Award of Contract without further action unless, for good cause, this Notice is rescinded
by the County before the expiration of the protest period.
The selected proposers will execute a retainer agreement, provided by the county. The
Forester is hereby authorized to execute 'such retainer agreements with the proposers
(contractors) and the associated services set forth on Exhibit A. Under the terms of the
retainer agreement contractors' names will be placed on a list. At such time as the
Forester identifies a Work Site and the need for fuels treatment services for which
contractor has been identified, Forester will negotiate with a contractor from the list for a
persona! services contract. As part of the execution of such contract, the contractor will
be required to provide a certificate of insurance.
If you have any questions regarding this Notice of Intent to Award Contract, the
selection methodology or the procedures under which the County is proceeding, please
contact Joe Stuttler, County Forester, Deschutes County Road Department, 61150
SE 27th Street, Bend, Oregon 97702
Telephone (541) 322 -7117.
Sincerely,
Joe Stuttler, Forester
Deschutes County
Construction Contractors Board Licensing
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24 months from the date the training was completed. Training and testing that is past the 24 months from
the date of the completed training will not be considered for the purposes of fulfilling the requirements set
forth in OAR 701.078 (1)(b)(A).
Click here to review the CCB's Frequently Asked Questions (FAQ's) on the training and testing.
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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.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 25, 2008
Please see directions for completing this document on the next page.
DATE: February 19, 2008
FROM: Joe Stutler Forestry 322 -7117
TITLE OF AGENDA ITEM:
Consideration by the Deschutes County Board of Commissioners of a formal protest by Robert Ott
of the Notice of Intent to Award Contract for Fuels Treatment Services pursuant to Deschutes County
Code Chapter 2.37.130.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On December 10, 2007, a Request for Proposal was sent to contractors who had either worked for
Deschutes County or requested to be on a mailing list for contracted work to accomplish hazardous,
wildland fuels work. A public notice was also posted in the Bend Bulletin as per Deschutes County
Code. The deadline for the Requests for Proposal was 2:00 pm on January 11, 2008. On January 11,
2008, a total of 24 proposals were received. Subsequent staff review showed that 21 of the 24 met the
criteria established in the Request for Proposal to be identified in the qualified pool. Mr. Robert Otteni
submitted proposals for I 1 of the 15 service items and was selected to be included in the qualified pool
for five of the service items. Mr. Otteni filed a formal protest of the Notice of Intent to Award Contract
on February 19, 2008 contending that a substantial number of contractors that were included on the
qualified pool list are not licensed to provide "tree service" on private lands in Oregon as per the
Construction Contractors Board. It is my contention, substantiated by the Construction Contractors
Board, that treating hazardous wildland fuels is not a "tree service" thus a license by the Construction
Contractors Board is not required. The Deschutes County Forester staff report is provided.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Denial of Robert Otteni's protest of Notice of Intent to Award Contract.
ATTENDANCE: Joe Stutler, Deschutes County Forester and Mark Pilliod, Legal Counsel.
DISTRIBUTION OF DOCUMENTS:
Copies of agenda request to Deschutes County BOCC, Legal Counsel and Joe Stutler.
MEMORANDUM
DATE: February 20, 2008
TO: Deschutes County Board of County Commissioners
FROM: Joe Stutter, Deschutes County Forester
RE: Construction Contractor Board Statutes and Rules
On February 20, 2008 I contacted the Construction Contractor Board (CCB) and
spoke to Darla concerning the issue of contractors who perform wildland fuels
hazard reduction requiring a CCB license to perform such work on private lands.
Darla and I reviewed the applicable statutes and rules for such activity and the
results are as follows:
1. The CCB administers the program utilizing ORS 701 and OAR 812.
Landscaping and other related activities are not administered by CCB and
are administered utilizing ORS 671.
2. Specifically in ORS 701.005 (definitions) Item 10 (d) describes a person
engaged in the "commercial" harvest of forest products who is engaged as
an independent contractor to remove trees, prune trees, remove trees,
prune trees, remove tree limbs or stumps or to engage in tree or limb
guying. If this operation is "commercial" in any way that contractor is not
covered by CCB licensing procedures.
3. Specifically in OAR 812 -2 -0300 defines a gardener as a person who cares
for plots of ground where herbs, fruits, flowers, or vegetables are
cultivated, including removing of trees up to 15 feet in height when the
diameter of the tree is four inches or less at ground level, and removal of
tree limbs up to 15 feet above the ground when the diameter of the limb is
three inches or less. When a person (gardener) is performing these tasks
AND NOT FOR COMMERCIAL PURPOSES, that person would be
required to have a CCB license.
4. When asked specifically about the other service items identified on the
Deschutes County Request for Proposal, was told they do not follow under
the CCB license requirement.
5. Furthermore, all activities associated with the removal of trees of any
height, any tree diameter and any diameter of tree limbs if those products
will be used for commercial purposes are again not covered by CCB
license requirements as per ORS 701.005 Item 10 (d).
For the Request for Proposal we asked for proposals on 15 service items
1. Hand piling;
2. Grapple pile;
3. Sheering;
4. Slash buster'
5. Chainsaw thinning;
6. Chipping and removal;
7. Pruning /ladder fuel reduction;
8. Mowing;
9. Pile burning'
10. Lop & Scatter'
11. Pine needle removal;
12. Crush & Masticate;
13. Dozer Pile;
14. Mulching;
15.Tub /horizontal grinding;
The only two service items that are remotely connected to CCB licensing
requirements are Items 5 (chainsaw thinning) and 7 (pruning /ladder fuel
reduction). In all cases both on private lands and county owned lands these two
service items would be performed in conjunction with other services and in all
cases the fuels will be removed and the wood products will be utilized for
firewood, posts, poles and other commercial purposes. Any remaining residue or
un- utilized material will be chipped for commercial purposes by the contractor for
either compost, landscape material or for hog fuel to generate electricity.
Consequently all of the service item activities and because of the commercial
nature of the residue are not covered by CCB license requirements.
/s/ Joseph E. Stutter
Joseph E. Stutter
Deschutes County Forester
cc Deschutes County Legal Counsel
Page 1 of 1
Bonnie Baker
From: Peter Russell
Sent: Monday, February 11, 2008 11:01 AM
To: Bonnie Baker; Dave Inbody
Cc: Peter Russell
Subject: Request for Board to sign Juniper Ridge MOU @ 2/25 mtg
Attachments: Juniper Ridge MOU summary to Board, 2- 25- 08.doc; 23966 Final 01.10.08.doc; Juniper Ridge MOU agenda
request to Board, 2-25-08.doc
Greetings,
I'll walk over the paper copies of the request (Tom Anderson has signed the document summary) to have the B )ard sign
the Memorandum of Understanding (MOU) for Deschutes County, ODOT, and City of Bend to agree on access of
Juniper Ridge, but here are the electronic copies. The MOU is Dechutes County Document 2008 -064 and ODOT
Contracts and Agreements #23966. Bascially, the Board signs and then I return to the four originals to the 01)OT
person here in Bend. Once ODOT and the City have signed, I'll get copies back; under State policy ODOT is ;.lways the
last to sign docs with ODOT origins. Laurie Craghead from Legal has reviewed the MOU. I've done three wo k sessions
with the Board on this topic. If you have any questions or if I've missed anything when filling out the forms, ju ;t let
me know. Thanks.
Peter Russell
Senior Planner
Deschutes County Community Development Dept.
117 NW Lafayette Ave.
Bend, OR 97701
ph: (541) 383 -6718
FAX (541) 385 -1764
2/11/2008
Page 1 of 2
Bonnie Baker
From: kristi otteni [kotteni @crestviewcable.com]
Sent: Thursday, February 21, 2008 9:54 AM
To: Tammy Baney; Board
Cc: Dave_K @co.deschutes.or; Joe Stutter
Subject: RE: Intent to appeal
Deschutes County Commissioners,
Pursuant to further analysis of the Fema Grant bid abstracts, further discussion with the County Forrester, weighing my options,
and in consideration of all parties, I have decided not to pursue my appeal and or notice of protest on the above ment oned
contract. Kindly remove my hearing from your docket this Monday.
Sincerely Robert Otteni
From: Tammy Baney [ mailto: Tammy_Baney @co.deschutes.or.us]
Sent: Tuesday, February 19, 2008 2:18 PM
To: kristi otteni; Board
Cc: Dave_K @co.deschutes.or
Subject: RE: Intent to appeal
Hi Robert-
i have received your email and have forwarded it to our Mark Pilliod, Head Legal Counsel.
In Partnership,
Tvu.vV.JJ (ggv\e�u) Meltot ,
Deschutes County Commissioner
Office: 541 388 -6567
From: kristi otteni [mailto :kotteni @crestviewcable.com]
Sent: Tuesday, February 19, 2008 1:55 PM
To: Board
Cc: Dave_K @co.deschutes.or
Subject: Intent to appeal
Dear Dennis, Mike and Tammy,
RE: Fuels Treatment Qualified Pool Retainer Agreements, Notice of intent to award contract.
I received the above mentioned contract on Saturday February 16, 2008. The letter specifies that:
"Any firm or person which believes that they are adversely affected or aggrieved may submit to the Board of County
Commissioners of Deschutes County, Oregon, 1300 NW Wall Street, Suite 200, Bend, Oregon 97701, a written protest
within seven (7) days after issuance of this Notice of Intent to Award. The seven (7) day protest period will expire at 5:00
PM on Wednesday, February 20, 2008."
I am formally issuing a protest to this contract and respectfully request an extension of the protest deadline to seven i 7) working
days from the receipt of the contact or February 27, 2008. The letter dated February 13, 2008, set the protest period to start on
the date the letter was written. The seven days allotted to protest included a Saturday, Sunday and Presidents Day. n effect the
protest period is two working days. There are fundamental problems with this contract that will negatively affect local y licensed,
bonded, and insured tree service companies in Deschutes County. Further there are substantial questions as to the )regon
Construction Contractor Board licensing of companies listed on Exhibit A
2/21/2008
Page 2 of 2
The Oregon Construction Contractor Board website states that:
"Oregon law requires anyone who works for compensation in any construction activity involving improvements to real
property to be licensed with the Oregon Construction Contractors Board (CCB). This includes roofing, siding, painting,
carpentry, concrete, on -site appliance repair, heating and air conditioning, home inspections, tree service, plumbing,
electrical, floor covering, manufactured dwelling installations, and development and most other construction and repair
services."
As a Certified Arborist and Tree Service Company owner in the State of Oregon I am required by law to hold a CCB license to
bid on and perform work on private property. In a preliminary search of the CCB site, I have found a substantial number of
contactors from Exhibit A are not licensed to work as tree services on private property in Oregon. I am awaiting notice from the
Construction Contractors Board as to the licensing requirements and status of all bidders and contractors. State law requires
contractors to be licensed at the time of soliciting, advertising and /or bidding on tree service related contracts on private
property. Further State law provides for monetary fines for any violations of soliciting, advertising and /or bidding without a
license.
It is with much regret that I am being forced into a position where I have to protest the solicitation and award. Please respond
ASAP to my request for the seven working days.
Sincerely
Robert Otteni, Certified Arborist
PO Box 65
La Pine, OR 97739
541- 536 -2628
CCB# 155545
2/21/2008
a
0
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, FEBRUARY 25, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign -up card provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. THE READING of a Proclamation to Develop a Regional Tri- County,
Affordable Ten -year Strategy to Prevent and Eliminate Homelessness
3. CONSIDERATION of Board Signature of Document No. 2008 -064, a
Memorandum of Understanding between Deschutes County, the City of Bend
and the Oregon Department of Transportation regarding Access to Juniper
Ridge — Peter Russell, Community Development Department
THE DESCHUTES COUNTY BOARD OF COMMISSIONERS, CONVENE])
AS THE LOCAL CONTRACT REVIEW BOARD
4. A PUBLIC HEARING to a Consider a Protest of a Notice of Intent to Award
Qualified Pool Retainer Agreements for Fuels Treatment Projects — Joe Stutler,
Forester
5. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Monday, February 25, 2008
Page 1 of 5 Pages
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 altemative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place 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.)
Monday, February 25, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, February 27, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, March 3, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, March 5, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, March 6, 2008
9:00 a.m. Regular Department Update — Mental Health
10:00 a.m. Regular Department Update — District Attorney
11:00 a.m. Regular Department Update — Community Development
1:30 p.m. Regular Department Update — Road Department
2:30 p.m. Regular Department Update — Clerk
Board of Commissioners' Business Meeting Agenda Monday, February 25, 20%
Page 2 of 5 Pages
Wednesday, March 12, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, March 13, 2008
1:00 p.m. Regular Department Update — Health Department
Monday, March 17, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, March 18, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 19, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
6:00 p.m. Public Hearing regarding South County Groundwater Issues, La Pine High School
Thursday, March 20, 2008
10:00 a.m. Regular Department Update — Community Justice
11:00 a.m. Regular Department Update - Assessor
Monday, March 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, March 26, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, February 25, 200E
Page 3 of 5 Pages
Thursday, March 27, 2008
9:00 a.m. Regular Department Update — Fair & Expo
11:00 a.m. Regular Department Update — Commission on Children & Families
Monday, Affil 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, April 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, April 10, 2008
12:00 noon Audit Committee Meeting
Tuesday, April 15, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, April 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, April 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, April 22, 2008
7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club
Wednesday, April 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, February 25, 200
Page 4 of 5 Pages
Monday, April 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, April 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, May 5, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, May 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, May 8, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
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.
Board of Commissioners' Business Meeting Agenda Monday, February 25, 2003
Page 5 of 5 Pages
