HomeMy WebLinkAboutHearing - Protest - OtteniDeschutes 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 Ottcni
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 111,
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 11 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. Stdtler
Deschutes County Forester
cc Deschutes County Legal Counsel