2010-114-Minutes for Meeting February 22,2010 Recorded 3/1/2010DESCHUTES COUNTY OFFICIAL RECORDS 7014.114
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 03/01/2010 OZ;0~;43 PM
I II III IIIIIIIIIIIIIIII lII
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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
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 22, 2010
Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger;
County Administrator Dave Kanner; Deputy County Administrator Erik Kropp;
and, for a portion of the meeting, Dave Inbody, Assistant to the Administrator;
Susan Ross and Teresa Rozic, Property & Facilities; Anna Johnson,
Communications; Lt. Gary Decker; Judy Sumners, Risk Management; Mark
Pilliod, County Counsel; George Kolb, Road Department; and about a dozen other
citizens, including media representatives Hillary Borrud of The Bulletin and a
reporter from KTVZ TV.
Chair Luke opened the meeting at 1: 30 p.m.
1. Continued Discussion of Skyliners Road Events.
Erik Kropp gave an overview of the draft resolution and previous meetings and
hearing. The resolution suggested a fee to be used for public safety and education.
The neighbors in the area have a problem with the recreational cyclists, and
they do not think events should be allowed until there are dedicated bike lanes.
The event coordinators asked that they continue to be allowed to schedule
events, and will work with the neighbors on their concerns. All agree that bike
lanes should be added.
The recommendations go from one extreme to another. (Mr. Kropp reviewed
his staff report at this time)
Staff has suggested Option 4, with the fee to be used to help educate
recreational cyclists using the road. Also, in order to have a permit for an
event, the promoters would have to show that they looked at other locations and
options and why those options would not work.
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 1 of 8 Pages
Commissioner Luke said that people might not look for another location unless
they are forced to. He suggested that they be required to look at a minimum of
three locations.
Commissioner Baney said that if there is a disagreement, such as wanting to be
near town, that eliminates most other locations.
Mr. Kropp said that someone who understands cycling but can remain free of
bias might want to look at this.
Commissioner Unger stated that when the road is being rebuilt, it would not be
useable at all for a period of time. They need to start working on finding a
different location now.
Commissioner Baney asked about limiting the events to larger events. The
County cannot curtail recreational riders on public roads. There is economic
value to the large events.
Mr. Kropp said the residents wanted it limited to large events, and perhaps for
safety reasons the road can be close short-term. But other events use the
running trails in the area, and it does not seem fair to exclude the smaller events
just because they do not have as much of an economic impact.
Commissioner Unger said that recreational riders cannot be as easily controlled,
and that is where the real problem lies. There is no way of knowing who is
riding inappropriately. Not to say that people who live in a recreational area
should have the area exclusively to themselves, since it is a forest recreational
road and public by nature.
Commissioner Baney wants to encourage the single file rule. Mr. Kropp says
that two across is allowed within Oregon, depending on the road and traffic.
Most people agree that single file is best on that road. They could be ticketed if
they do not comply.
Lt. Gary Decker said that an officer would have to see that the riders are
impeding traffic. There would have to be signage as well as an ordinance. The
citation could cost $242 or more. George Kolb said they have already
discussed the signage issue.
Commissioner Luke said this should apply until there are bike lanes in place.
This protects the County as well as drivers and riders. Commissioner Baney
said that this might curtail some recreational riders, which might not be a bad
idea.
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 2 of 8 Pages
Commissioner Luke noted that if there were a permitted organized event, they
would have to pass each other. Sgt. Decker said in time trials they do not have
to pass, but other times they have to. A closure would be the best way to handle
this.
Mark Pilliod stated it is a straightforward regulation, not land use in nature, so
with an emergency clause it could become effective upon adoption. The key
information would be start and finish locations.
Commissioner Baney said this could serve as an educational moment
Mark Pilliod noted that this might make a difference in liability and awareness.
The law could be repealed at such time when the road is deemed safer than it
now is.
Commissioner Luke would like to see the additional $100 fee used not only for
signage, but also for enforcement during events. He would also like to look at
limiting events as the road deteriorates.
Commissioner Unger feels the vehicle speed is too high, based on everyone's
comments. Mr. Kolb said that the State sets the speed and it is hard to get it
changed.
Commissioner Baney wants to encourage activity, but only when it is safe.
2. Discussion of County Goals and Objectives for FY 2011.
This was addressed at the Board of Commissioners/Department Directors
meeting earlier in the day.
3. Review of Board of Commissioners' Budget for FY 2011.
Mr. Kanner stated that indirects are down, and he moved the secretarial
positions into Administration. This makes it easier to calculate what can be
expensed. Administrative indirects will go up. Dave Inbody added that the line
items are about the same as before.
The Commissioners asked that the vehicle expenses be moved into
Administration, along with some of the dues.
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 3 of 8 Pages
Commissioner Baney wants to do a County College class, similar to the
Sheriff's Academy, for better understanding of County operations. Dave: Lane
County has something similar and it is inexpensive. They focus on a
department each week.
4. Signature of Support Letters for Federal Appropriations (FEMA, Bend
Park & Recreation)
BANEY: Move signature of the letters.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
5. Discussion of Format for County Forecast Breakfast Presentation.
Anna Johnson said that this will be a panel discussion, and the last twenty
minutes should be left open for questions and answers. There is about an hour
and a half total.
The request is for about 80% forecast information, and 20% past
accomplishments.
Commissioner Baney will focus on economic development issues and
opportunities to attract or retain businesses, as well as health and mental health
services and other human services, and ways to share services with other
agencies.
Commissioner Unger will talk about Community Development and property
taxes. Commissioner Luke will moderate, and also discuss transportation
issues.
All will talk about the current economic situation, revenue, anticipated
reductions in activity at Solid Waste, Community Development, the Fair &
Expo, Justice Court and Juvenile Justice, and how to weather the storm.
Sheriff Blanton will be allowed about ten minutes to talk about the jail
expansion project, and the Commissioners will indicate their full support
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 4 of 8 Pages
6. Other Items.
Discussion of Local Contracting and Procurement Rules.
Mark Pilliod said that the question of limiting contracts to local providers came
up, in relation to future projects at Knott Landfill. He said there is no definitive
answer to the question, as it has not been litigated to a final court decree.
The question is, what is the ultimate authority of the County in the area of
public contracting law. Chapter 203, statutory home rule, grants broad
authority in the area of legislation. It is expressly limited in a general way.
Other statutes of the state and the federal constitution provide limitations.
The State has enacted an extensive public contracting code, which contains at
least where it is permissible for there to be preferences - mostly for minority
and emerging small business. There is no intra- versus interstate preference
rules found anywhere. Under the low bid process, local versus non-local would
be inconsistent with State law and would violate that law, but it has not been
litigated. From a Constitutional perspective, it could violate interstate
commerce law and other protective clauses. If the purpose of an action is to
enact a local preference, this must be considered before going down that road.
Arizona enacted this but it was struck down by the 9th Circuit Court of Appeals,
which covers Oregon as well. It did not accomplish what they hoped to
accomplish. Such an action would probably result in a challenge and lengthy
litigation. Cases in other jurisdictions have been allowed when challenged, but
under Oregon law, it would be hard to do.
Commissioner Unger asked if there is another place to make a preference; for
example, writing the bid documents a different way. Mr. Pilliod replied that
they cannot just adopt a `we like local' rule, and it cannot be in the bid
documents or the RFP without facing a possible challenge under State law.
Todd Taylor of Taylor NW was asked to speak. He said that this assessment is
correct; that it is legally hard to work on this basis. However, it may be
possible to put together qualifications that list specifics such as the least
disturbance to residents, and other things that put the work back on the
contractor. This becomes how to choose the best proposal.
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 5 of 8 Pages
Commissioner Baney asked if this type of preferential treatment could harm a
business in the long-term when it tries to get contracts out of the area. Mr.
Taylor said he did not think it would. It forces the contractor to put in a lot
more work in the RFP or RFQ. Even a design-build allows the State to work
with qualified contractors. He is not worried about any kind of backlash.
Commissioner Unger noted that this is a concern when you are dealing with
multi-million dollar contracts. Low bid shows some certainty, but
qualifications are important as well. This could go in a direction that stirs up a
hornets' nest. He wants to support local workers, but things need to be kept
logical and legal. Commissioner Baney said that low bid does not always mean
there will be no change orders, which could end up costing as much in the long
run.
Mr. Pilliod stated that there is no Oregon case like this found under State law,
but there are cases in other jurisdictions that have failed.
Commissioner Baney asked if there is a way to have findings that would not
back the County into a corner. It is not just `buy local', but the trickle-down
effects of being able to keep business engaged in the area.
Mr. Pilliod said that the case in Arizona was based on a constitutional analysis.
If it is defined in a certain way, such as employment based, it can be held
unconstitutional. There are no magic findings that he can come up with that
could avoid a challenge under State law. It has not been litigated in Oregon and
a court would have to be convinced that it was not intended to preempt State
law.
Mr. Taylor said that the HUB Zone allows preferential treatment based on the
level of unemployment in the area. They are trying to get the County into that
category. Commissioner Baney asked if HUB Zone language could be
mirrored. Mr. Pilliod replied that this is a federal designation for federal
contracts. It is a nice concept, but the County does not get to enact whatever it
wants in a vacuum. The challenge would be made under State law.
Ron Robinson of Jack Robinson & Sons said that this project could mean jobs
for his company. Five years ago, he could keep all employees occupied. There
is nothing under bid award now. They want to stay local. Going out of the area
is a stretch, as they are not that effective in other places. Also, there is a better
chance of getting good warranty work locally.
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 6 of 8 Pages
Mr. Pilliod said that prequalification is a normal part of the process; for
instance, they could require experience in working with rock. Otherwise, they
will be challenged. Maybe if the bidders could be required to demonstrate
several years or jobs working in similar soils, it would help.
Mr. Robinson added that the irrigation districts exclude anyone who does not
have a certain level of experience with certain things.
Hap Taylor of Knife River said that two years ago he had 670 people working
for the company, but now has only about 100. They will be lucky to get up to
150 this summer. He would like to do this and go for the challenge. People are
losing their homes and drawing unemployment, and people who live and work
here and pay taxes need support now. He thinks this is the right thing to do.
Commissioner Baney said that some people would insist that every dollar be
saved regardless of who the contractor is or where the company is from.
However, at the same time this can affect everything local in a negative fashion.
Mr. Taylor suggested that much depends on the size of the project. Big projects
will draw more attention from outside the area. Phasing or making the projects
smaller might work, as they will draw less attention. Dave Kanner noted that
there are laws against dividing projects into smaller pieces, but the landfill
projects could definitely be handled separately.
Commissioner Baney would like the County to offer a County College class to
the public, similar to the Sheriff's Academy, to encourage a better
understanding of County operations. Mr. Kanner said that Lane County has
something similar in place, and it is inexpensive. They focus on a department
each week. He will look into it further.
• Executive Session regarding Real Property Negotiations.
After executive session, Rob Brobert of BioGreen said that his company
took on another partner and they have good financial backing. They also
have good access to R& D and engineering services. Once the site is
developed, things will move quickly.
Being no further items addressed, the meeting adjourned at 3: 35 p.m.
Minutes of Board of Commissioners' Work Session Monday, February 22, 2010
Page 7 of 8 Pages
DATED this 22°d Day of January 2010 for the Deschutes County Board
of Commissioners.
ATTEST:
(FnU qW u~
Recording Secretary
. -G-
Dennis R. Luke, Chair-
0041-0,4,-
Alan Unger, Vice Chair
Tammy Baney, Co issioner
Minutes of Board of Commissioners' Work Session
Page 8 of 8 Pages
Monday, February 22, 2010
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, FEBRUARY 22, 2010
1. Continued Discussion of Skyliners Road Events - Erik Kropp
2. Discussion of County Goals and Objectives for FY 2011- Dave Kanner and
Dave Inbody
3. Review of Board of Commissioners' Budget for FY 2011 - Dave Kanner and
Dave Inbody
4. Signature of Support Letters for Federal Appropriations (FEMA, Bend Park &
Recreation)
5. Discussion of Format for County Forecast Breakfast Presentation
6. Other Items
• Executive Session regarding 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 St., Bend, unless otherwise indicated.
Ifyou have questions regardinga 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.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
CHANGES TO WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., MONDAY, FEBRUARY 22, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Add:
Discussion of Local Contracting and Procurement Rules - Mark Pilliod
Remove:
Discussion of County Goals and Objectives for FY 2011 - Dave Kanner and Dave
Inbody (on Dept. Heads/BOCC Meeting Agenda instead)
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Date: February 17, 2010
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator
Re: Work Session on Skyliners Road Event Permits
At the conclusion of the February 8, 2010 public hearing on Skyliners Road event permitting, the
Board asked that the item come back to a work session. This item has been scheduled for the
February 22, 2010 work session.
As background, "Attachment A" contains the list of these events for 2009 and likely requests for
2010. No events for Skyliners Road have been approved for 2010.
Summary of the Public Hearing
The February 8th public hearing included a staff recommendation to adopt Resolution No. 2010-
009, a resolution creating a new $100 Skyliners Road Event Fee and limiting the events permitted
for Skyliners Road. The draft resolution included language that the $100 fee would pay for a
Sheriff's Office reserve deputy to be present at Skyliners Road events.
At the public hearing, testimony from neighbors of Skyliners Road included the following (the
list below is not all inclusive of the testimony, but instead a summary of common positions):
• The events themselves are not necessarily the biggest problem; it's more the recreational
cyclists. However, the events draw attention to the road and encourage more use from the
recreational cyclists and cyclists practicing for an upcoming event.
• Due to public safety, no events should be permitted on Skyliners Road until bike lanes
are added.
• Pilot cars during events do not improve safety.
• Other roads should be used instead until bike lanes are added to Skyliners Road.
• Vehicles cannot safely pass a bicycle due to the narrow width of Skyliners Road.
• Adding law enforcement personnel (as contained in the staff recommendation) at the
events will not necessarily improve public safety.
Testimony from event organizers that use Skyliners Road included the following (the list below is
a summary of main points and is not all inclusive):
• Skyliners Road is a desirable location for events due to the relative low traffic counts,
proximity to Bend, paved parking at Summit High School, the distance of the road, the
access to trails for running (for events that include a trail run), etc.
• If recreational cyclists are the bigger safety concern, the focus should be on educating
recreational cyclists, not banning or limiting events on Skyliners Road.
• Event organizers will continue to meet with neighbors in an attempt to mitigate concerns.
• Events are important to the cycling community and local recreation industry.
• Many events attract tourists from outside the region and state bringing in millions of
dollars to the local economy.
Alternatives
Listed below are a mix of recommendations based on input from staff, various stakeholders, and
the public hearing:
1. Not approve any events on Skyliners Road until bike lanes are added.
2. Until bike lines are added, limit events on Skyliners Road to the Cascade Cycling Classic
and US Nationals but close the road during these events. This option was suggested by a
Skyliners Road resident during the public hearing.
3. Use a lottery system to limit the number of permits for Skyliners Road until bike lanes
are added.
4. Create a new $100 Skyliners Road event fee; for events that currently run multiple days,
allow no more than 2 "event days;" use the $100 fee to post a "bikes single file" sign
along Skyliners Road and educate recreational cyclists about the safety issues on
Skyliners Road. As part of the application, require event organizers who request a
Skyliners Road event fee to explain why other alternative routes are not practical.
5. Approve all event requests for Skyliners Road - status quo.
Staff Recommendation
Staff recommends option 4. This option is a variation of the staff recommendation presented at
the public hearing by using the Skyliners Road event fee for recreational cyclist education instead
of paying for a Sherriff's Office reserve deputy. Using the $100 fee to pay for a reserve deputy to
staff the event was removed from the recommendation because of input from neighbors that
adding law enforcement personnel to the event will not substantially decrease the danger of the
events and concerns from the Sheriff's Office about guaranteeing staffing during the event times.
The Sherriff's Office understands the economic and recreational value of events and will make
every attempt to have a presence at these events. However, before deploying personnel to an
event, the Sheriff's Office must consider the available staff levels, call volume, and other public
safety demands throughout the County.
In addition, staff recommends that events that merely cross Skyliners Road (such as the Cascade
Lakes Relay) or have minimal use of Skyliners Road (such as the High Cascade 100) not be
included in a new permit fee or permit limitations since these events have negligible impact on
the residents.
ATTACHMENT A - Skyliners Road Event Permits
Projected for 2010 and Permits Issued in 2009
Preliminary requests for 2010 events to use Skyliners Road
Event (sponsor)
Date
Details
Major Impact Events
Time Trial/Duathlon
6/3, 6/10, 6/17, 7/1, 7/8 and
6 p.m. - 8 p.m.
Series FreshAir Sports)
7/15
Duel in the Desert
May/June
9 a.m. - 2 p.m.
Duathlon (Mt. Bachelor
Rota Club)*
US Elite Nationals
Thursday, 6/24
9:00 a.m. - 4:00 .m.
High Desert Omnium
Saturday, 7/10
Afternoon. Time trial portion
would be held on Sk liners.
Cascade Cycling Classic
Thursday, 7/22
10:00 a.m. - 1:00 p.m.
Saturday, 7/24 8
8:00 a.m. - noon
Minor Impact Events
Cascade Lakes Relay -
Saturday, 7/31
Small impact on Skyliners.
running event (Smith
Crosses over Skyliners at
Rock Race Group)
Skyliners Ranch Road.
Haulin Aspen (FreshAir
Sunday, 8/8
May request to cross Skyliners
Sports)
Road.
High Cascade 100 (Mtn.
Mudslinger Events
Very little impact on
bike ride on trials and
Skyliners. Didn't use permit
short distances on
last year
Skyliners to Bear
Wallow Rd)*
*Received a permit last year and may request a 2010 permit
Skyliners Road Permits Issued in 2009
Event
Sponsor
Dates
Time
Duel in the Desert Duathlon
Mt. Bachelor Rota Club
5/30
9 a.m. - 2 .m.
FreshAirSports Time Trial and
FreshAir Sports
6/11,6/18,
6 p.m. - 8 p.m.
Duathlon Series
6/2S,7/2,
7/16,8/6
Cascade Cycling Classic
Mt. Bachelor Sports
7/23
10:00 a.m. -
Education Foundation
12:30 p.m.
7/25
8 a.m. - 10 a.m.
USA Cycling National
USA Cycling
7/28
8 a.m. - 2 p.m.
Championships
7/31
8 a.m. - 4 .m.
High Desert Omnium
Bend Bella Cyclists/
8/2
7 a.m. - 6 p.m.
Oregon Bicycle Racing
Association
High Cascade 100 (Mtn. bike
Mudslinger Events
8/23
6 a.m. - 8 p.m.
ride on trials and short distances
on Skyliners to Bear Wallow)
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04
UNION COUNTY Steve McClure, Commissioner
R. Nellie Bogue Hibbert, Commissioner
[woo BOARD OF COMMISSIONERS Mark D. Davidson, Commissioner
1106 K Avenue La Grande, OR 97850 PHONE (541)963-1001 FAX(541)963-1079 TTY 1-800-735-1232
February 8, 2010
The Honorable Ron Wyden
1220 SW 3rd Ave., Suite 585
Portland, OR 97204
The Honorable Greg Walden
1051 NW Bond St., Suite 400
Bend, OR 97701
The Honorable Earl Blumenauer
729 NE Oregon, Suite 115
Portland, OR 97232
The Honorable Jeff Merkley
One World Trade Center
121 SW Salmon St., Suite 1250
Portland, OR 97204
The Honorable David Wu
620 SW Main, Suite 606
Portland, OR 97205
The Honorable Peter DeFazio
405 East 8th Ave. #2030
Eugene, OR 97401
The Honorable Kurt Schrader
494 State St., Suite 210
Salem, OR 97301
To the Oregon Congressional Delegation:
On October 28, 2009, Association Counties (AOC) sent a letter to the Congressional
Delegation asking that you address the inequities resulting from the HUBZone requirements.
As you will recall 15 counties in Oregon are not designated as HUBZone certified despite
Oregon's unemployment rate which is higher than the national rate. In many of our
communities, unemployment has remained in the double digits while continuing to be
constrained by HUBZone requirements. This eliminates our contractors from bidding on
federal contracts and exacerbates our unemployment plight.
In the Small Business Reauthorization Act of 1997 it states that, "The Government-wide goal
for participation by qualified HUBZone small business concerns shall be established at...not
less than 3 percent of the total value of all prime contract awards..." In USFS Region 6, the
actual HUBZone Small Business set aside for contracts amounted to 38.4497%, far higher
than any other USFS Region. This over-reliance on HUBZones and the cascading effect
from awards and dispatches which gives HUBZone contractors priority over other small
businesses have had a detrimental effect on many small businesses. (See enclosure) We
ask that you work with the USFS and other federal agencies to address these questions:
• Why is there such an over-reliance on the HUBZone program to meet small business
contracting goals?
• Who made the determination that our base would be raised to 10% and why is Region 6
significantly higher than 10%
• Do the contracting officers have latitude of whether to follow HUBZone set aside
requirements or use other SBA programs to meet legal requirements?
We continue to pursue the HUBZone inequities in our communities and would
appreciate your assistance to help us understand federal policy and move toward a
more equitable solution that will help small businesses overall.
Sincerely,
Mark D. Davidson Steve McClure R. Nellie Bogue Hibbert
Chairman Commissioner Commissioner