minhead.gif (11357 bytes)APPROVED 7/13/94


May 11, 1994
BOARD OF COMMISSIONERS' REGULAR MEETING
Commissioners' Conference Room - following HACSA

Chair Jerry Rust presided with Steve Cornacchia, Ellie Dumdi, Marie Frazier and Jack Roberts present. Sharon Giles, Recording Secretary.

1.    ADJUSTMENTS TO THE AGENDA

Two items of Emergency Business were identified.

2.    PUBLIC COMMENTS

James Chaney, 3853 Onyx, stated that he was president of McKenzie Commercial Contractors, Inc. and was speaking regarding Contract 93/94-08 for which they were the low responsive bidder. He distributed a handout (see material on file.) Chaney indicated that he was seeking Board action to stop the bids from being rejected and re-bid and to get the contract awarded and underway, observing that timing was important, especially in the asphalt area. He stated that the contract was bid in the usual way. Chaney noted that the bid required meeting certain certification criteria, including a letter from the manufacturer, and he stated that the lower bid did not meet that criteria.

Kent Anderson, 888 West Park, stated that he was an officer, director and shareholder of McKenzie Commercial Contractors, Inc. and indicated that it had been their understanding that they would be awarded the contract; but due to threatened litigation, there has been a preliminary decision to reject all bids. He asked that the Board intercede on their behalf.

Responding to Roberts, Teresa Wilson, County Counsel, stated that there are ambiguities in the bid form itself and that poses a realistic threat of litigation. Based on the threat to prevent the Board from awarding the contract, which would transfer the contract to the Court arena, she observed that the most expedient process seems to be to reject all bids and start over. Wilson remarked that there was confusion among the two lowest bidders as to what the requirement was and that affected the bid prices. She noted that good public contract law suggests that government should reject all bids and produce clearer specifications. Rust remarked that the issue seems to be the lowest responsive bidder. He observed that the letter submitted with Wildish's bid was from a non-certified manufacturer. Rust stated that it seems clear that only one party complied with the bid specifications and that it is within the Board's ability to award the contract to the lowest responsive bidder. Cornacchia remarked that he would like to hear from John Goodson, Bill Van Vactor and Wilson.

Reviewing the technical bid document included in Chaney's handout, Wilson indicated that the ambiguity lies in the meaning of "manufacturer's certification" on pages 4/5 of the bid form. Responding to Cornacchia, Dale Wendt, Public Works Support Services Manager, remarked that Wildish's support letter included a statement that they would meet the AISC-MB category. Wendt indicated that they can't, but they certified that they could. Roberts observed that the language asked that they "will comply", not that they "have the certification." Noting that although the rejection is defendable, Wilson stressed that litigation would take time and money and reiterated that the lowest risk alternative appears to be to reject all bids and clarify the language. Bill Van Vactor, County Administrator, concurred. Frazier remarked that she does not see any ambiguity if the definitions are read and concurred with Rust with regard to awarding the contract to McKenzie Commercial Contractors. However, the majority of the Board (Cornacchia, Dumdi and Roberts) agreed not to overrule the Public Works recommendation to reject all bids, and asked that the ambiguity be clarified and the bid process restarted.

Kathaleen Ferguson, 330 Howard Avenue #5, spoke on behalf of a group of concerned parents having problems with runaway children in Lane County. She remarked that she has a 10-year-old son living on the streets, suggesting that parents are powerless. Ferguson asked the Board to assist in passing a law in Lane County stating that it is unlawful to run away from home and/or insist on the enforcement of laws regarding custodial interference.

Rust suggested that this issue be passed on to the Commission on Children and Families. Roberts remarked that the issues are complex and that the requested law would create problems in abusive situations. Rust agreed that this is a difficult problem and questioned whether passing an ordinance would do any good. Roberts indicated that he would be interested in a review of potential legal recourse. The Board requested a report from the Youth Services Department and directed Steve Carmichael to provide an oral report on this issue on Wednesday, May 18 at approximately 3:30 p.m. Cornacchia stated that concerned people could direct questions to Carmichael prior to that time.

Rust read a letter from Jan Wroncy into the record (see material on file) dealing with Public Works spraying of toxic chemicals.

3.    COMMISSIONERS' ANNOUNCEMENTS

Rust indicated that Commissioners' Announcements would be heard at approximately 10:40, but did mention that May 15-21 is Native American Week.

4.    EXECUTIVE SESSION as per ORS 192.660

To be heard later in the meeting.

5.    COUNTY ADMINISTRATION

a.    Announcements

None.

b.    DISCUSSION/In the Matter of Approving a Plan for the County's Telephone System.

Dan Mulholland, LCOG Telecommunications Manager, reviewed the agenda memorandum (see material on file.) Cornacchia expressed concern about the cost of $700,000 for a product with a useful life of only 8 years. He asked that a higher expectation be considered in the future. Mulholland confirmed that the "useful life" is mostly the result of changing technology. Roberts observed that the useful life could go beyond 8 years. Responding to Cornacchia, Van Vactor indicated that the costs are already built into each department's budget. Cornacchia questioned whether the phone system and the need for new "bells and whistles" is more important that other services in the County. Drivas noted that some departments have been paying toward, and waiting for, their upgrade for some time. She also observed that the dollars are not exclusively general fund (some are road fund, etc.) Rust noted that support services are vital. Mulholland observed that the Plan reduces costs now and plans to keep the costs level for the future. MOTION: Approval of ORDER 94-5-11-13. Roberts MOVED, Dumdi SECONDED. VOTE: 5-0.

6.    PUBLIC WORKS

a.    DISCUSSION AND ACTION/Short Term Use of Parcel "A," Lamontai Estates 3rd Addition, for Log Removal by Springfield Forest Products (21-03-06).

Roy Burns, Land Management Manager, reviewed the agenda memorandum (see material on file.) Responding to questions from the Board, Burns indicated that the public has not been notified at this point, although Mr. Barr had discussed the issue with some immediate neighbors. Barr stated that some neighbors had expressed concern about dust and speed and that Springfield Forest Products was willing to prepare a mitigation strategy. Rust suggested that tentative approval be given, based on notice to the neighborhood and preparation of a mitigation strategy. Barr remarked that there is a strong possibility of acquiring other access. Frazier concurred with Rust, stating that if this is the only access, then a temporary use permit with conditions could be applicable. There was consensus to pursue a temporary use permit approach, with notification to the neighborhood after Barr presents a mitigation plan dealing with number of trips, period of time, speed, dust, etc., with Bill Van Vactor, County Administrator, suggesting that Public Works Engineering look at the issue. Roberts suggested that Springfield Forest Products and Willamette Industries, if involved, look hard at another alternative.

b.    ORDER 94-5-11-1/In the Matter of Initiating an Amendment to the Eugene/Springfield Metropolitan Area General Plan to Expand the Springfield Urban Growth Boundary (Springfield Sports Center).

MOTION: Approval of the Order. Cornacchia MOVED, Frazier SECONDED. Rust commented that this will provide for Lane County cooperating with the partners on this matter using the old, original process. Rust asked Jackie Mikalonis for a document showing the evolution of the policy, to compare the two processes. Mikalonis indicated she would provide Rust with the matrix showing everyone's position on the process. VOTE: 5-0.

This meeting recessed at 10:28 a.m. to reconvene at 10:45 a.m.

7. PLATS

Oak Knoll Subdivision
City of Eugene
18-03-07

Braewood Hills, 1st Addition
City of Eugene
18-04-11 & 12

Oak Meadows Subdivision
City of Junction City
15-04-31

Pixie Lynn Subdivision
City of Florence
18-12-27

MOTION: Approval of the Plats. Dumdi MOVED, Cornacchia SECONDED. VOTE: 5-0.

8. CONSENT CALENDAR

A. Approval of Minutes:
        December 14, 1993, Regular Meeting, Following HACSA
        February 8, 1994, Joint BCC/Eugene, 7:30 p.m.
        February 15, 1994, Work Session, 9:00 a.m.
        February 15, 1994, Addendum, 1:30 p.m.
        March 16, 1994 Regular Meeting, Following HACSA
        March 16, 1994, Regular Meeting, 1:30 p.m.
        March 29, 1994, Work Session, 1:30 p.m.
        March 30, 1994, Regular Meeting, Following HACSA
        March 30, 1994, Regular Meeting, 1:30 p.m.

B.    Assessment and Taxation

1)    ORDER 94-5-11-2/In the Matter of Refunds to Bohemia, Inc.; Metropolitan Life (Fred Meyer); B.J. and Sybil L. Peters; and Eugene Holiday Inn, LTD Partnership.

C.    Human Resources and Management Services

1)    ORDER 94-5-11-3/In the Matter of Awarding a Contract to Provide Financial Consultant Services for Fiscal Years Ending June 30, 1997.

D.    Public Works

1)    ORDER 94-5-11-4/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Rock Material Needs During the 1994/1995 Fiscal Year, Contract No. 94/95-M&S-50.

2)    ORDER 94-5-11-5/In the Matter of Awarding Requirement Contracts to Various Contractors for Establishing Unit Prices for Liquid Emulsified Asphalt CRS-2, CRS-2P, CMS-2 and CSS-1 Needs During Fiscal Year 1994/1995, Contract No. 94/95-M&S-51.

3)    ORDER 94-5-11-6/In the Matter of Awarding Requirement Contracts to Various Contracts for Establishing Unit Prices for Asphaltic Mix Patching Material Needs During Fiscal Year 1994/1995, Contract No. 94/95-M&S-52.

4)    ORDER 94-5-11-7/In the Matter of Awarding a Contract to the St. Vincent de Paul Society of Lane County, Inc. for Repairable/Reusable Recycling Services, and Authorizing the County Administrator to Sign the Contract, Contract No. WM 94/95-2.

5)    FINAL ORDER 94-5-11-8/In the Matter of the Alteration of a Portion of County Roads Numbered 539 and 703 (Commonly Known as Cedar Flat Road) and Being Located Within Section 32, Township 17 South, Range 1 West and Sections 5 and 6, Township 18 South, Range 1 West of the Willamette Meridian.

MOTION: Approval of the Consent Calendar. Frazier MOVED, Roberts SECONDED. VOTE: 5-0.

9.    HEALTH AND HUMAN SERVICES

a.    RESOLUTION AND ORDER 94-5-11-9/In the Matter of Appointing Two Members to the Mental Health Advisory Committee.

MOTION: Approval of the Order. Roberts MOVED, Dumdi SECONDED. VOTE: 5-0.

10.    EMERGENCY BUSINESS

a.    ORDER 94-5-11-12/In the Matter of Appointing Three Members to the Rural Community Improvement Council

Frazier stated that these vacancies have been advertised four times for the various categories and that she and Dumdi are recommending the appointment of Case, Trenery and Welsh. MOTION: Approval of the Order. Frazier MOVED, Roberts SECONDED. VOTE: 5-0.

b. ORDER 94-5-11-11/In the Matter of Approving an Economic Development Assistance Program (EDAP) Award to the City of Oakridge for Eligible Road Improvements to Serve Re-Development of the Former Pope and Talbot/Bald Knob Mill Site.

Frazier reviewed the agenda memorandum (see material on file.) MOTION: Approval of the Order. Cornacchia MOVED, Roberts SECONDED. VOTE: 5-0.

3. COMMISSIONERS' ANNOUNCEMENTS

With regard to the upcoming Regional Strategies Public Hearing, Teresa Wilson, County Counsel, remarked that the state Regional Strategies Board is only sending one member to represent them. She expressed concern that there might be a risk if there is no quorum. The Board requested that she communicate directly with the Regional Strategies Board to clarify this issue and report back to the Board.

Cornacchia remarked that he has a prior commitment at noon tomorrow and is unable to attend the MPC meeting. Rust remarked that the agenda is light and he could handle matters. Frazier indicated that she might attend.

Cornacchia discussed a letter from HeliJet Corporation that indicates that the county may be in violation of FAA requirements that say a helicopter cannot be used to create revenue and still be a public use aircraft. There was consensus to ask Public Safety and Legal Counsel to provide an analysis, within 60 days, of the legal and financial aspects of helicopters for public use and the possibility of contracting out. Wilson indicated preliminarily that the FAA says Lane County is not in violation.

Frazier commented that SCAR/Jasper Mountain will hold an open house this Sunday and thanks the Board for its challenge grant and for Peter Thurston's efforts.

Frazier asked the Board to consider supporting creation of a task force under the County Administrator to deal with the potential of law enforcement districts to provide a countywide focus on law enforcement. Roberts concurred, remarking that Lane County needs a mechanism to ensure law enforcement to rural communities. Van Vactor, with resources from the commissioners' assistants, was given this assignment.

There being no further business, this meeting adjourned at 11:17 a.m.

 

Sharon Giles, Recording Secretary

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