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HomeMy WebLinkAbout2010-02-22 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, February 22, 2010 Page 3 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 The law could be repealed at such time when the road is deemed safer than it now is.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 4 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 5 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 6 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 7 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. ____________________________________ ƒ 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.