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HomeMy WebLinkAbout2008-03-17 Work Session MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 17, 2008 Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; Terri Payne, Community Development; Teresa Rozic, Property Management; Mark Pilliod, Legal Counsel; Erik Kropp, Deputy County Administrator; Joe Stutter, Forester; media representative Hillary Borrud of The Bulletin, and four other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Continued Discussion of Qualified Pool of Contractors — Request for Proposals. Joe Stutter asked if the Commissioners have any questions prior to his presentation. They indicated they wanted clarification of the process and how it would be handled in the future. Mr. Stutter referred to oversized maps that indicate where wildfires had happened in previous years. He said that many property owners have voluntarily complied with the requirements of the Community Fire Protection Plan. Mr. Stutter then explained the qualified pool process, the areas of work, the locations, and how grant funding applies to this project. Mark Pilliod said the standard contract will have a start and stop date, and if there are different contractors doing separate work on the same property, the work can be arranged so that they are not in conflict. Mr. Stutter added that the process would be refined so that in the future the bidders will be clear how it works and what to expect. Minutes of Administrative Work Session Monday, March 17, 2008 Page 1 of 5 Pages 2. Discussion regarding Process for Filling Current Planning Commission Vacancy. Mr. Kanner said that only two applicants have stepped up. Mike Shirtcliff had originally indicated he was going to resign; however, the Planning Commission changed its meeting dates to accommodate his schedule. The Board would like to interview any applicants. Ms. Payne stated that the intent is to have a balance in the opinions and residency of the Commission members. 3. Consideration of Economic Development Grant Requests. None were offered. 4. Update of Commissioners' Meetings and Schedules. Commissioner Baney is going to the Governor's Conference on behalf of the Commission on Children & Families on Thursday, March 20, so she will not be able to attend the Black Butte Ranch meeting. She attended NACo and received information on the prescription drug program for citizens. She plans to begin having informal meetings with the public on a regular basis throughout the County. The U.S. Interagency Council on Homelessness has asked the Commissioners to sign a document supporting their efforts. Commissioner Daly would like the Commissioners to view the prison in Beaver, Utah, to find out how they were able to build a jail there at a much lower cost than the proposed expansion to the Deschutes County jail. Sheriff Blanton has been trying to get information on that jail but has not been able to obtain all he needs. For instance, they do not classify prisoners in the same manner. Mr. Kanner stated that he has a hard time figuring out how they could make a 40,000 square foot addition for the price they said. It is unknown if there is a kitchen, medical facilities and so on; and whether the State paid some of the up- front costs. Also, prevailing wage requirements adds 30% to the cost of project in Oregon. Minutes of Administrative Work Session Monday, March 17, 2008 Page 2 of 5 Pages In regard to the County forecast breakfast, Commissioner Luke said that perhaps a presentation of the financial condition of the County and an update on some of the projects that are now underway. The Sheriff will spend part of the time talking about the 911 levy. 5. Other Items. • Executive Session under ORS 192.660(2)(e), real property negotiations • Executive Session under ORS 192.660 (2)(f), exempting public records. The Board went out of executive session at 3:30 p.m., at which time citizens Rob Roy, Rema Wilson, John Gilbert and Debbie Price joined the meeting. Mr. Roy stated that access might be granted across the Senior Center site so that road construction costs can be kept down. The intersection of Victory Way could be accessed as an alternative. Commissioner Luke stated that the road would benefit both projects. Teresa Rozic said she and Grant Writer Judith Ure met with someone from CDGB who said that funds might be available from them if it benefits a specific project. Mr. Roy referred to an oversized plan of the project and explained where the road and utilities might run in relation to other projects. He said that the City of La Pine is supportive of creative planning. The road would be part of a park and ride facility, and a pathway would be included. This helps with intermodal transportation issues and will allow a buffer from Huntington Road. Concerning the proposed alternative onsite sewer system, Mr. Roy gave an overview of eco machine or living machine for this location. The cost of the 1,000 square foot facility is about the same cost as the SDC's, about $175,000. It would be able to handle up to 60 units plus the Senior Center. Commissioner Luke asked how many single family homes one unit could handle. Mr. Roy replied that the cost per home would be about $4,500, and there should be no fewer than six homes connected. The biggest concern is the additional cost for running lines since the lots are so large. It can be designed to bring the nitrate level down to a DEQ allowed level. It all takes place inside a greenhouse environment so the cold weather is not a factor. The plants grown in the greenhouse can be sold, as can the methane gas. Minutes of Administrative Work Session Monday, March 17, 2008 Page 3 of 5 Pages Mr. Roy said he has not discussed this with the Sewer District. It is good for the project and allows an alternative for the La Pine sewer issue. They are at capacity now. Mark Pilliod said this is within the District boundary and he should be sure that the cost could be avoided. SDC's are in place to fund their capacity requirements. Commissioner Luke pointed out that the Sewer and Water Districts are not tied to the City of La Pine and operate independently. Mr. Roy stated that thus far the State has been supportive. The State may allow renegotiation of the utility allowance. Whatever can be saved in the operating budget allows for more money from the State. Some of the park and ride area could possibly be rented out for $300 a month. There are other potential sources of money that can be pursued. They have until approximately June 30 to submit the full package to the State. The market in La Pine is significantly different from other projects due to the income level. The rents have to be lower but operating costs are similar. Commissioner Daly said that the County is committed to 4.5 acres for this project. Mr. Roy stated that current zoning density is 12 units for acre, so the full acreage is needed. The demand is high enough to eventually use the entire acreage. Ms. Rozic said the review committee said that it is felt the City Council would like to see a density change to allow more units.; however, this is a comprehensive change and can take a lot of time. The seniors want proximity to the Senior Center and do not want traditional housing nearby; they do not want to mirror Bend and other cities. They want to have more space around them. Vic Russell has said they are very interested in extending this type of septic system to single - family homes. This can provide an economic benefit. Mark Pilliod asked if the conveyance would be the full 4.5 acres. The application does not make this clear. Mr. Roy said that the economies of scale would help make it viable. Commissioner Luke stated that perhaps the system could be used for other lots; for instance the "red" lots. Mr. Roy said they could get to the State allowed nitrate level. Minutes of Administrative Work Session Monday, March 17, 2008 Page 4 of 5 Pages Ms. Rozic asked if the Board has enough information to make a decision at the March 26 business meeting. At that time staff could be seeking additional funding. CDGB funding guidelines take about a year. Commissioner Daly pointed out that fire hydrants and other improvements have to be included. A Resolution will be presented to the Board at the March 26 business meeting detailing the proposal. Being no further items before the Board, the meeting adjourned at 4:30 p.m. DATED this 17th Day of March 2008 for the Deschutes County Board of Commissioners. ATTEST: Dennis R. Luke, Chair Tammy (Baney) Melton, Vice Chair Mic ael M. Daly, Co issioner 1'7AALLILL (% Recording Secretary Minutes of Administrative Work Session Monday, March 17, 2008 Page 5 of 5 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 17, 2008 1. Continued Discussion of Qualified Pool of Contractors — Request for Proposals 2. Discussion regarding Process for Filling Current Planning Commission Vacancy 3. Consideration of Economic Development Grant Requests 4. Update of Commissioners' Meetings and Schedules 5. Other Items • Executive Session under ORS 192.660(2)(e), real property negotiations 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 Si, . 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. MEMORANDUM DATE: March 17, 2008 TO: Deschutes County Board of County Commissioners FROM: Joe Stutter, Deschutes County Forester RE: Qualified Pool Chronology and Future Steps Historical Perspective: In the last three years every community in Deschutes County has been assessed for potential damage to wildland fire. Consequently every acre of the County has been addressed with seven Community Fire Protection Plans which identified the highest priorities in each plan and have been approved; we are actively implementing and revising the CWPP's based on efforts by private land owners, federal and state agencies and by contracts which are funded by federal grants. The priorities change as fuels are treated so this is ever an evolving endeavor. The completion of the CWPP's was a necessary pre- requisite to compete for federal grants. Qualified Pool Concept: We have received federal grants that treat fuels in 12 different "areas" or neighborhoods in Deschutes County for approximately $1.5 million. Without the qualified pool concept we would be utilizing the competitive process at least 12 times, meaning advertising, printing, presentations to both the BOCC /County Administrator and awarding the contracts based on that process. The qualified pool concept allows us to advertise once, select qualified contractors based on the services to be provided and we move into the neighborhoods based on three variables: 1. Signed waiver /access permits by the private land owners based on outreach, networking with the various CWPP groups. 2. Winter and summer weather conditions. 3. Time lines on the grants, some only go for 1 1/2 years so timing the treatments is important to be able to complete the work in a timely fashion, in some cases extensions are granted, extensions are becoming harder to obtain due to federal funding uncertainties. Based on timing, elimination of process redundancy and securing competitive bids for the various services with multiple bidders essentially competing with each other for the best value, I believe this is the most efficient and effective manner to conduct our fuels treatment given multiple grants and multiple locations. Chronology: After making the assessment that a qualified pool concept was the best methodology the following time line was followed: 1. October /November 2007, discussed verbally with the contractors about our intentions and how the process worked; Legal Counsel and I developed the Request for Proposal and Legal Notice for the process. 2. Decernber 10, 2007, the RFP's were mailed out to over 45 contractors who had previously worked for Deschutes County or had expressed an interest. Additionally a public notice was sent to the Bend Bulletin and posted on Friday, December 7th and 14th for those contractors not on the mailing list. 3. From December 10th until the RFP closing on January 11th received numerous (approximately 50) phone calls either requesting a copy of the RFP or from contractors that had questions regarding the process. In addition had at least four meetings with potential contractors to discuss the process and timelines. 4. January 11, 2008, the RFP deadline was 2:00 p.m. We received 24 proposals of which 21 were determined by me (with legal counsel review) to be included in the qualified pool. 5. On February 13, 2008 I presented the "Notice of Intent to Award Contract" to Deschutes County BOCC for the 21 contractors which were unanimously approved by the BOCC. 6. On February 14, 2008 letters to all contractors were sent via First Class Mail which included retainer agreements. To date all have been returned. 7. On February 19, 2008 a formal protest was filed by successful bidder Bob Otteni, a hearing was scheduled for February 25, 2008 but Mr. Otteni withdrew his formal protest. 8. Since we began this process we have collected over 200 waiver /access permits from private landowners in the target neighborhoods which will allow us to now identify specifically where to treat the fuels. We expect at least another 200 waivers from private landowners based on our outreach. Next Steps: I will take the received waivers and complete the following: 1. Identify the properties on higher quality maps and also finalize the specific fuels treatments to be accomplished which tie directly to the services identified in the RFP. 2. Contact the contractors in the qualified pool which successfully bid those service items and give them the exact locations in the sub- divisions /neighborhoods and obtain a "final per /acre" bid for the work based on their initial bids. 3. Select the contractor(s) and meet with the private land owners to agree on the work dates, standards and any particular needs the owner may have. 4. Issue a service contract(s) with final review /approval by the County Administrator to begin work. 5. Once the work has been completed, process both payment to the contractor and seek reimbursement for Deschutes County from the appropriate federal agency. Lessons Learned: 1. Although I submit the qualified pool concept is the best methodology for our type of work and meeting the deadlines for the grants, in retrospect I will convened all interested parties for a "pre -work meeting" with the intentions of clarifying questions about the bid process, services to be provided and any additional questions in the future. 2. Despite the fact there are three contractors who expressed some concerns with the process, most of the remaining 20 successful bidders have expressed satisfaction with the process and believe the process was both fair and transparent; furthermore each are anxious to begin work. 3. Scheduling a time to more thoroughly brief the BOCC before the vote would have saved us all some time now. Next Steps: 1. Move forward with the process of identifying properties, services to be provided, select best value contractors from the qualified pool and complete wildland fire hazardous fuels reduction in the priority areas throughout the county. 2. Evaluate the qualified pool concept thru this calendar year and when we re- advertise make refinements which will serve both the public and the county to provide the best value fuels treatment. 3. Approximately mid - November (2008) re- advertise the qualified pool for fuels treatment allowing both new bidders and those currently within the pool to "adjust" their bids based on fuel costs and other cost of doing business. /s/ Joseph E. Stutler Joseph E. Stutter Deschutes County Forester cc Deschutes County Legal Counsel 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 Richard 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. David 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. Tom Blust, Deschutes County Vegetation, 61150 SE 27th Street, Bend, OR 97702. Keith Ross, Keith Ross Contracting, 5067 W. Hwy. 126, Redmond OR 97756. Mike 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 personal 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 Exhibit A Mike Glafka, All Seasons Cleanup Services 1. Hand piling 2. Grapple pile 3. Pruning /ladder fuel reduction 4. Mowing David R. Vitelle, Bear Mountain Fire LLC 1. Hand piling 2. Grapple pile 3. Chainsaw thinning 4. Pruning /ladder fuel reduction 5. Mowing 6. Pile burning 7. Lop & Scatter 8. Pine needle removal 9. Crush & Masticate Richard Brown, Cascade Brush Clearing 1. Mowing Deschutes County Vegetation 1. Mowing Dave Holmes, Heart of Oregon 1. Hand piling 2. Chipping and removal 3. Pruning /ladder fuel reduction 4. Pine needle removal Marc Barnes, Integrated Resource Management 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 Keith Ross, Keith Ross Contracting 1. Chipping and removal 2. Pruning /ladder fuel reduction Mike Shields, LaPine Equipment, Inc. 1. Hand piling 2. Grapple pile 3. Sheering 4. Pruning /ladder fuel reduction 5. Mowing Leroy Dalebout 1. Mowing M.G. Kimmel 1. Hand piling 2. Grapple pile 3. Sheering 4. Slash buster 5. Chipping and removal 6. Pruning /ladder fuel reduction 7. Pine needle removal 8. Dozer Pile 9. Tub /horizontal grinding Scott Melcher, Melcher Logging 1. Sheering 2. Chainsaw thinning 3. Chipping and removal 4. Pruning /ladder fuel reduction 5. Dozer Pile 6. Tub /horizontal grinding Robert Otteni, Professional Tree Care 1. Hand piling 2. Sheering 3. Chipping and removal 4. Mowing 5. Lop & Scatter John Williams, Quicksilver Contracting Co. 1. Hand piling 2. Sheering 3. Pruning /ladder fuel reduction Richard Owen, R -J Consulting Service LLC 1. Grapple pile 2. Mowing 3. Pine needle removal Larry Fulkerson, Running Tree LLC 1. Chipping and removal 2. Pruning /ladder fuel reduction Dave Elpi, Sisters Forest Products LLC 1. Hand piling 2. Grapple pile 3. Chainsaw thinning 4. Chipping and removal 5. Pruning /ladder fuel reduction 6. Pine needle removal 7. Dozer Pile Scott Spaulding, Spaulding Property Maintenance 1. Hand piling 2. Chainsaw thinning 3. Chipping and removal 4. Pruning /ladder fuel reduction 5. Mowing 6. Pile burning 7. Pine needle removal Scott Nelson, Summit Forests Inc. and South Bay Timber LLC 1. Hand piling 2. Sheering 3. Chainsaw thinning 4. Pruning /ladder fuel reduction 5. Lop & Scatter Steve Lawn, T2, Inc. 1. Tub /horizontal grinding Team Approach: Companies include T2, Melcher Logging, Integrated Resource Management, Heart of Oregon, Keith Ross and Dave Elpi. 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 Jack Owens, Wildfire Fuels Reduction 1. Mowing