Minutes 12-09-2014 - Laserfiche WebLink

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Chair McKee asked if anyone can be trespassed off of the property if there are not any "no trespassing" signs. John Roberts said anyone can be trespassed off of the property based on conduct, but without signs, someone is not automatically a trespasser if they are found on the site. David Stancil said there are diamond shaped park boundary signs around the property, but these do not say "no trespassing." Commissioner porosin asked if signage stating that the park is closed except for specific hours would make it implicit that you are trespassing if you are there when it is closed. John Roberts said that should be implicit. Commissioner Price asked about the northern boundary where the park abuts residential properties, and whether there will be any barriers. David Stancil said the plan does not envision any fencing on the northern boundary of the property yet, but this may be considered as the planning goes forward. Commissioner Price said it would be good to tell people in the park that private property is beyond a certain point. David Stancil said this can be done. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to authorize staff to proceed with described actions to open the park on a limited basis with a target of March 2015, and to direct staff to with the County Attorney to determine on which projects and to what extent it is allowable for the County to require payment of a living wage by contractors. Commissioner porosin said he would like some clarification on the living wage issue. He supports the idea, but he is confused about when this is permissible, and he would like more information from John Roberts on this issue, and what the motion does related to that. . John Roberts said in 2013 the legislature passed some amended language that allows Counties to contract with private entities, but it states that they may not require a living wage as a condition of bidding on a contract. He said a living wage requirement could probably be added to any contract that is under the bidding threshold. Commissioner porosin said if a contract is put out to bid, the County cannot say that a vendor must pay a certain amount to its workers in order to get the contract, but the County could specify for a preference for working with contractors that pay a living wage. He said if the lowest bid came in, and it was a contractor who pays the federal minimum wage, the County would be required to accept that bid. John Roberts said yes, the County can put a preferential statement in any contract, but per state statute the lowest responsive, responsible bid must be accepted. Commissioner porosin asked if bids are solicited for projects that fall below the threshold of needing to go out to bid. John Roberts said there are typically requests for proposals that are similar to bids, but for smaller contracts those generally are not bid at all. He said small projects would be anything under $25,000 to $35,000. Commissioner porosin asked if the County is subject to the same requirement to pick the lowest bidder in the case of a request for proposal (RFP) for these smaller projects. John Roberts said no, that requirement is only for actual bidding contracts. Commissioner porosin asked Commissioner Jacobs if his motion is asking that an RFP be done for the picnic and parking areas for this project. Commissioner Jacobs said they had asked staff to work with the attorney to determine whether a living wage can be required for those projects. He said his original motion was to have in writing the answers to the exact questions that the attorney just articulated, in order to