August 2021 Meeting

Starr Creek Special Road District is inviting you to a scheduled Zoom meeting.

Topic: Starr Creek Special Road District’s August 2021 Meeting
Time: Aug 5, 2021 07:00 PM Pacific Time (US and Canada)

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AGENDA

Starr Creek Special Road District

August 5, 2021, 7 PM via Zoom

                 Meeting Agenda

Welcome: Meeting called to Order

Commissioner introduction and attendance

 Approval of Meeting Minutes:

July 2, 2021 regular meeting (see attached)

July 19, 2021 special meeting (see attached)

  Financial Report: this months transaction

 –  Old Business:

1. Brush and weed maintenance report.

   2. Harassment and bullying district policy to comply with SB479, second reading   (see attached draft).

3. Volunteer policy, first reading (see attached drafts)

 Discuss a policy for volunteers doing grass and brush removal on the district’s property. 

 A signed agreement, that describes the limitation of the volunteer work and would be equivalent to permission from the district. 

         Issues it would cover:

                Liability limits

                Tools limitations

                Harassment and bullying, SB479

                Tree removal

4.  Asphalt repair estimate

–  New Business

1. Motion to approve that Nutrein Ag Solutions lignin coat Eastline from Big Cedar to Starr Creek Road, Starr Creek Drive to Eastline and the remaining stretch of Hemlock Drive. (attached map)
2. Motion to approve the installation of a kiosk on Starr Creek Drive frontage built and donated by Mike Guerriero, and the cost of eight bags of concrete, about $40, for the installation.
3. Discuss the possibilities in accepting property owners purchase of road pavement fronting their property. 

–  Set time and date for next meeting:

        September 2th, 2021, 7PM for Zoom meeting.

Starr Creek Special Road District Annual Meeting

July 2, 2021

Meeting called to order at 7:02

Commissioner introduction, Sharre Smith, Justen Palmer, Michael Guerriero. Three residents attended. 

Appointment of Officers

1. Michael Guerriero moved to appoint Sharre Smith  chair, Justen Palmer seconds, motion carries.

2. Sharre Smith moved to appoint Justen Palmer treasurer, Michael Guerriero seconds, motion carries.

3. Sharre Smith moved to appoint Michael Guerriero secretary, Justen Palmer seconds, motion carries.

 –  Approval of Meeting Minutes:  Sharre Smith moved to approve the minutes for May 21st and  June 11th, Justen Palmer Seconds, motion carries

 –  Financial Report:

Annual Financial Report. https://docs.google.com/spreadsheets/d/1VpIC4tBahYazI7o9Ziopx4cdFB-Butbfr1fW58y_7D0/edit?usp=sharing

Mr. Palmer presents 2021 income statement, reviewed expenses. Materials advances for the grading and rocking, $6000, $1800. Insurance with SDAO, $135 monthly.  Current balance is $29506.18.  He will continue to organize the statement.  There were no expenses for last year yet this represents the district’s fiscal year.  Ms Smith added that there are $1775 of fixed expenses annually with arrangement for auto pay on monthly expenses.  The total annual expenses is $39129.42.  The road work amounts to $37603 including brush work.  The last time it was $45000 with no ditches cleared.  Susanne asked if there is a light payment to PUD, Ms Smith reviewed the payments for the past year.  

Annual Budget Hearing. Move to approve the annual budget.    https://docs.google.com/spreadsheets/d/1_j_-MNN0Nqe8UNU5aZ6B3FEOzRY_GFwJ251F7481lXM/edit?usp=sharing 

Mr. Guerriero reviewed the budget proposed based on previous expenses and income.  Ms Smith reviewed roadside maintenance expenses and that a reasonable amount would be about $2500 and $3000. Asphalt repair including chip seal, crack patch etc. at $23000. Possible $2000 culvert installation on Foothills.  Discussion about attorney fees for research advice, $2000.   With dust abatement we might have done the entire district.  Ms Smith added that Jimmy Smith could do annual maintenance for $5000 and that was added to the budget.  Total comes in at $42455.  Leslie suggested that signage be added to the budget, $600.   There was discussion about the annual vs long term budget.  Ms Smith added that we need to focus on operating without volunteer work.  Mr. Guerriero moved to approve the budget, Ms Smith seconds, motion carried.

Ms Smith  moved to remove Leslie Fort and Matt Goheen from the district’s bank account and add current commissioners, Michael Guerriero and Justen Palmer, signatures to the district’s bank account. Mr. Guerriero seconds, motion approved.

 –  Old Business:

1. NutrienAg lignin sulfonate dust control application.  Approved in a previous meeting, yet the approval needs to be documented by approved  meeting minutes.  Ms Smith moved to approve payment of $3500 for the lignin application, Mr Palmer seconds, motion carries.

2. Volunteer policy.  Mr Guerriero

Ms Smith overview, in 2020, SB479 states that we are subject to liability of third party volunteers.  We then need to clarify what limits volunteer work.   The minute someone volunteers we need to have a paper signed that notes that we will not be liable for their actions as a volunteer, including bullying. There have been many complaints by residents.  Mr. Palmer states that according  to SDAO papers, we have to delegate our power in order to officiate the activity. If they are doing vigilante work then we are not liable.  Leslie brought up the work done by Don on the Highway intersection.  Ms Smith stated that no one has been acting under the rules.  Suzanne added that if people want to do any action along the road, they need to get permission from the board.  MG adds the frontage in front of their property is still within the limits of work.  discussion  about how to communicate with the residents about this. Mr. Palmer added that even we as board members cannot act independently to do road work, and are subject to board approval. Ms Smith added the independent work by anyone would be cause for her to call the Sheriff to control such endeavors. Only the official volunteer for the district would present liability to the district, so volunteers need to be approved by the commission.  Mr Guerriero stated that this would require one to apply to the district for lawn mowing in front of their property.  Leslie wanted to clarify that it would be a caution to consider the trees.  We will continue the discussion at the next meeting.  Mr. Guerriero will produce a draft policy for volunteers doing grass and brush removal on the district’s property. 

 A signed agreement, that describes the limitation of the volunteer work and would be equivalent to permission from the district. 

        Issues it would cover:

                Liability limits

                Tools limitations

                Harassment and bullying, SB479

                Tree removal

Tabled for next meeting

–  New Business

1. State workplace harassment policy, first reading.(see attached)  Ms Smith stated that we need to adapt the state policy to our needs as a district.  Take a complaint, and the progression of posting, etc.  She is starting with the county policy, defining bullying and for the respect that we need to afford this.  Mr. Palmer adds that we will need to go to the public with this.  Mr. Palmer agreed that Ms Smith continue her research and build of this policy for a draft. Tabled for next meeting.  

2. Asphalt repair estimate.   Ms Smith stated that the repairs could be done for $6000. That the chip seal would close the road for 24 hours.  There was discussion about alternate routes.  The slurry coat will last 7-10 years.  It is a big production to get it done.  It could happen in September with a prompt approval. Additional $1000 mobilization fee for a return to the job if we need to split up the job.  Mr Guerriero suggested that we mull it over with the residents.  It can be done over the patch work in the following year if needed.  Tabled till August.

3. Hire an attorney to advise and represent the district.   Ms Smith moved that we engage attorney Eileen Eakins as our attorney for district reference, Justen seconds, motion carries. 

    1.Eileen G. Eakins, Northwest Local Government Legal Advisors, LLC

5285 Meadows Road, Suite 400

Lake Oswego, OR  97035

(503) 607-0517

  4. Ongoing brush and grass maintenance.  Suzanne asks if there is planning for work, Ms Smith stated that she is getting bid for the work at the moment.  Mr Guerriero added that a special meeting be called for hiring.  24 hours notice for that meeting.  She added that there are several contractors she is interested in.

–  Set time and date for next meeting:

        August 5th, 2021, 7PM for the Zoom meeting was agreed on.

Meeting adjourned, 1 hour, 24 minutes

Starr Creek Special Road District

Special Meeting

July 19th, 7 PM via Zoom, 7:02

Ms Smith moved to approve hiring Tristen Holt, of Camo Construction in a contract to do roadside brush and grass cutting, ditch and pothole maintenance. Mr Holt will do the initial work at an estimated cost of $800-1200 based on time involved.  Payment will be made on the condition that the initial work and the continuing monthly work is acceptable. Monthly payments, based on $37.50 an hour, will be $150.  Monthly payments with additional time will be accepted up to $300. Additional payments above the $300 monthly cap must be submitted for approval by the district. The work will be reviewed in 6 months before continuing the contract.  Seconded by Mr. Palmer, motion carries.

Mr. Palmer found in the proposal that the extension was at $37.5 an hour.  

Ms Smith explained that he’s working with a crew, minimum cost would be at $60 and $150 a month, with an extension to do additional work with approval from the district.  She would like to have pre approval for ongoing work with a max for overruns of $500.  Mr. Palmer asked, what would be the cap? He estimated to start out with four hours a month, $150 a month.  Suzanne said time of year should be in question.  9 months, and eliminates waste.  Mr. Guerriero added that the contractor would be checking the ditches and potholes during the Winter.  

Originally Ms Smith thought was to charge monthly,  looking for someone to own the job.  

Mr. Palmer asked, why not hire just for the initial work?  Ms Smith thought that he would be more committed to the job if he has the monthly work.

Suzanne, we have spent a lot already, she would give him six month to start.  

Ms Smith  sees the contractor as a startup and has a good background.

Justen, if we do the 6 m, a clause to the review and some kind of cap on the monthly cost.  SS $500, Mr. Palmer would be comfortable with $300 and if the work is unsatisfactory we can terminate the contract.  

We have an estimate, Suzanne asked, is this a contract? Ms Smith answered that we do not need a contract, yet in discussion it was noted to be a contract.  

I appointed Ms Smith to do ongoing supervision of the work. Mr. Palmer seconds, motion carries.

Regular agenda item for next month, to set criteria for doing work in the district, offering an answer to residents based on criteria that prioritizes the value to the neighborhood.  Completing dust abatement, for maintenance.

Suzanne thought that we were jumping the gun for a public meeting in person. Mr. Guerriero agreed.

Meeting adjourned.  7:36

Draft harassment and bullying policy (second reading)

“Starr Creek SRD strives to promote a positive, professional work environment free of physical or verbal harassment, “bullying,” or discriminatory conduct of any kind. Therefore, prohibits elected officials and volunteers from bullying one another or engaging in any conduct that is disrespectful, insubordinate, or that creates a hostile  environment for members of this district for any reason. For purposes of this policy, “bullying” refers to repeated, unreasonable actions of individuals (or a group) directed towards an individual which is intended to intimidate and that creates a risk to the health and safety of the target. 

Examples of bullying include: 

1. Verbal Bullying: Slandering, ridiculing or maligning a person or his/her family; persistent name calling which is hurtful, insulting or humiliating; using a person as butt of jokes; abusive and offensive remarks. 

2. Physical Bullying: Pushing; shoving; kicking; poking; tripping; assault, or threat of physical assault; damage to a person’s work area or property. 

3. Gesture Bullying: Non-verbal threatening gestures. 

4. Exclusion Bullying: Socially or physically excluding or disregarding a person in work-related activities. In some cases, failing to be cooperative and working well with others may be viewed as bullying. 

5. Cyber Bullying: Bullying that takes place using electronic technology, which includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, text messages, chat, and websites. Examples of cyberbullying include transmitting or showing mean-spirited text messages, emails, embarrassing pictures, videos or graphics, rumors sent by email or posted on social networking sites, or creating fake profiles on web sites for co-workers, managers or supervisors or elected officials. 

Residents in the Starr Creek SRD who have experienced bullying in violation of this policy, who have witnessed an incident of bullying, or who have credible information about an incident, are expected and should bring the matter to the attention of  a member of the board as soon as possible. If the conduct in violation of this policy is found to have occurred the board will take prompt, appropriate action, and anybody found to have violated this policy will be subject to disciplinary action, up to and including termination of employment. This applies to all elected officials and their volunteers as well.

In light of State of Oregon requirements for districts to enact policies pertaining to volunteers working in the Starr Creek Special Road District(SCSRD) and given the limits of the district’s liability policy, the SCSRD must enact a policy to limit the volunteer work of vegetation control and removal that takes place on the district controlled State of Oregon property.  Volunteer’s are required to agree to the following:

1. Volunteers with health problems (history of heart disease, severe allergies to grass, pollen, bee or insect stings, etc.) should not be involved in this type of service. It is the responsibility of the volunteer to be aware of his/her personal limitations and to avoid tasks that could cause illness or injury.
2. Volunteers who perform yard work will need to provide their own equipment such as shovels, rakes, mower, trimmer, etc. The use of a chainsaw on district property is prohibited, unless it is used to harvest district tree removal wood or in the case of emergencies. 
3. Volunteers should dress appropriately for the tasks to be accomplished. Please consider the following recommendations:
   • §  Do not wear loose clothing or jewelry. Such items can be caught in moving parts of machinery.
   • §  Wear substantial footwear. Sandals are NOT to be worn when mowing grass, trimming hedges or weeds.
   • §  It is recommended that long sleeved shirts and long pants be worn to lessen the risk of scratches.
   • §  Some type of eye protection should be worn to lessen risk of injury while using tools or machinery.
   • §  It is recommended that gloves be worn to protect the hands.
4. Volunteers will be aware of and yield to auto and pedestrian traffic while working near the road.
5. Volunteers will read and agree with the district harassment and bullying policy.
6. Tree cutting on SCSRD property is strictly controlled by the district.  Only licenced contractors will perform tree limbing or removal.

An agreement form provided by the district must be signed by each volunteer before work is started to authorize the district’s permission.  Authorizations will be terminated for any violation of this agreement. 

Starr Creek Special Road District Volunteer Agreement

In light of State of Oregon requirements for districts to enact policies pertaining to volunteers working in the SCSRD, the following form must be filed with the SCSRD prior to any volunteer work being done on district property. This includes the road shoulders that adjoint private property.  

Date:

Name and address of Volunteer:

Volunteer are required to agree to the following:

7. Volunteers with health problems (history of heart disease, severe allergies to grass, pollen, bee or insect stings, etc.) should not be involved in this type of service. It is the responsibility of the volunteer to be aware of his/her personal limitations and to avoid tasks that could cause illness or injury.
8. Volunteers who perform yard work will need to provide their own equipment such as shovels, rakes, mower, trimmer, etc. The use of a chainsaw on district property is prohibited. 
9. Volunteers should dress appropriately for the tasks to be accomplished. Please consider the following recommendations:
   • §  Do not wear loose clothing or jewelry. Such items can be caught in moving parts of machinery.
   • §  Wear substantial footwear. Sandals are NOT to be worn when mowing grass, trimming hedges or weeds.
   • §  It is recommended that long sleeved shirts and long pants be worn to lessen the risk of scratches.
   • §  Some type of eye protection should be worn to lessen risk of injury while using tools or machinery.
   • §  It is recommended that gloves be worn to protect the hands.
10. Volunteers will be aware of and yield to auto and pedestrian traffic while working near the road.
11. Volunteers will read and agree with the district harassment and bullying policy.
12. Tree cutting on SCSRD property is strictly controlled by the district.  Only licenced contractors will perform tree limbing or removal.

The SCSRD does not insure for health or injury that is the result of volunteer work done on district property.  I agree that I will not hold the SCSRD liable for any injury resulting from working on SCSRD property. And, I agree to act in accordance with the required conduct of the harassment and bullying policy.

Signature of volunteer and date.