BOARD OF COMMISSIONERS'
October 2, 2000
Commissioners' Conference Room
Commissioner Peter Sorenson presided with Commissioners Bobby Green, Sr. and Anna Morrison present. Bill Dwyer and Cindy Weeldreyer were excused. County Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording Secretary Melissa Zimmer were also present.
Sorenson reported that on Friday, September 29, he met with Bill Van Vactor and Teresa Wilson, discussing a special meeting of the Lane County Board of Commissioners. He noted the only item on the agenda was an emergency business item.
Wilson explained there were two items on the agenda, both related to the first subject. She noted for the first item, the Board was sitting as a local contractor review board and being requested to grant an exemption for competitive selection. She added for the second item, the Board would be delegating authority to execute the contract through the County Administrator.
Dale Wendt, Public Works, gave a presentation on where the damage was. He said three sheds were part of the work that was required by contract due to leaking roofs. He noted they asked for a metal roof overlay of the existing asbestos roof. He said that part of the work that was required with the contractor was to chemically treat the moss to be removed from the roofs. He added as part of the work, the contractor took a pressure washer and washed off the roofs. He said the water breached the hard glaze concrete of the asbestos roof material and got into the asbestos fibers and washed it to the west. He said that 95% of the material ended up in the trees and low-lying shrubs and on the back of the sheds. He noted they also ended up with material on signs and cones and the inside of the sheds.
Wendt noted they found out about the problem when an asbestos abatement contractor went down to drill holes for the new metal roof to be attached to shed A. He said during the contract, the construction part, the subcontractor (Smith Sheet Metal) found out there was asbestos and they found out they needed to have holes drilled through the asbestos roof into the existing roof for a good solid foundation for the roof to be attached to. He said they contacted an asbestos abatement contractor (Pacific Environmental) to drill the holes. He said while they were there, the supervisor noticed the material and Wendt was called that evening to be informed about the problem. Wendt said they took a sample of the material and had it analyzed. He reported by Thursday, they knew they had asbestos. He asked Pacific Environmental to do a further analysis and come up with a game plan.
Wendt said by Thursday, September 21, LRAPA had been informed and they notified Public Works that they needed to take immediate action. He met on Friday September 22 with Bill Van Vactor and received his approval to move ahead with emergency business for a contract of up to $50,000.
Wendt reported that LRAPA had some air monitoring and their concern was with the day care center. He noted they had ongoing daily monitoring morning and afternoon in all four sides of the buildings they were working on.
Wendt reported they had air and dust samples taken out of the office of the equipment shop and out of the day care center and they all came back negative with no presence of asbestos.
Wendt explained they broke it down into two phases of work. He said the first was to clean up the large area of contamination. He said they had Pacific Environmental do an initial review and come up with the best way to do it. He said their estimate for cleaning up the area (on top of the roofs spraying with a sealant to keep fibers from coming lose) was around $58,000.
Wendt stated the phase two work (cleaning inside the sheds and the parking lot area, all signs, cones and equipment) estimate was about $102,000. He added they have been working with LRAPA to use their expertise.
Wilson reiterated that the Board as a contract review board needed to engage in immediate action. She noted attached to the Board Order were findings that met the legal standard for the basis to grant an exemption from competitive selection. She said the Board would be granting an exemption from competitive selection for Phase 1, to allow the immediate abatement work to occur. She added they would also be granting an exemption for completion of Phase 2 with the condition that the County solicit written quotes from the six local asbestos abatement firms as soon as possible so there would be a level of competitive selection.
Trina Laidlaw, Assistant County Counsel, explained that under the emergency rule for the Board to grant the exemption, the department needs to keep a written account of the measures they take for any type of informal competitive selection process. She added it was part of the condition of the order that they would be approving.
Wilson noted the approach they have taken was to address the problem, to do what is immediately necessary to protect the safety of the employees and outsiders in the area and to contain the problem. She said after that, they will look at causes and remedies.
Green asked if they would exempt a public hearing for this action as was mentioned in the order. He asked if a public hearing was required.
Laidlaw said it was not required for this and the language would need to be stricken.
Green asked about the responsible party for the damage.
Wilson noted there was a letter sent to the contractor putting him on notice and an investigation was proceeding.
Morrison commended Dale Wendt for the work he had done. She said he had been conscious with the overall impacts to the public. She said it was a serious situation and Lane County had responded in a good way.
Van Vactor asked what had been done to address employees questions.
Wendt responded the employees who were working at the Zone 5 Shop (including two parks employees) filled out an 801 Form (Workers Compensation) as they may have had exposure to asbestos. He said they will be taking them to McKenzie Willamette Hospital and doing a baseline x-ray as well as a baseline pulmonary test. He added they will be doing the same thing in a year to see if there were any changes. He said they gave employees updates of the situation and other additional information on asbestos exposure. He said they would be holding another session at the Veneta shop. He said the dust samples were taken from all of the pick-ups and trucks that werent inside the sheds. He noted the concern from employees was that they had walked through the material in front of the sheds and may have gotten it on their shoes and into the pickups. He reported the dust samples they took out of the pick up trucks all came back negative
a. ORDER 00-10-2-1 The Request of Lane County for an Exemption per ORS 279.015 and Lane Manual 20.255 and 20.260 to Amend as Necessary the Contract for Phase 1 Asbestos Cleanup at the Florence Shop and to Authorize Informal Competitive Quotes in Contracting for the Phase 2 Cleanup.
MOTION: to approve ORDER 00-10-2-1 with the deletions that were previous mentioned regarding a public hearing.
Morrison MOVED, Green SECONDED.
Wilson explained the second order gives authority to the County Administrator to sign the necessary contract to complete Phase 1 and to sign a contract and amendments for Phase 2.
b. ORDER 00-10-2-2 Delegating Authority to the County Administrator to Execute Contract Amendments with Pacific Environmental Group, Inc. for Completion of Phase 1 Asbestos Cleanup Work at the Florence Shop and to Enter into Contract(s) and Contract Amendments for Phase 2 Cleanup Using Informal Competitive Quotes.
MOTION: to approve ORDER 00-10-2-2.
Morrison MOVED, Green SECONDED.
There being no further business, Commissioner Sorenson adjourned the meeting at 12:00 p.m.
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