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2004-123-Minutes for Meeting February 17,2004 Recorded 2/25/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 7044.13 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 01/25/2004 10;01;14 AM IIIIIIII IIIIIIIIIIIIIIIIIIII III 2004-123 DESCHUTES COUNTY CLERK CERTIFICATE PAGE C This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS TUESDAY, FEBRUARY 17, 2004 Commissioners' Hearing Room - Administration Building - 1130 NW Harriman St., Bend Present were Commissioners Michael M. Daly, Tom DeWolf and Dennis R. Luke. Also present were Mike Maier, County Administrator; and Mark Amberg, Legal Counsel. Also present for a portion of the meeting were Timm Schimke, Solid Waste Department; Tammy Credicott, Property Management; Mark Amberg, Legal Counsel; and Susan Ross, Anna Johnson and David Givans, Commissioners' Office. Also in attendance was media representative Chris Barker of the Bulletin. No other citizens were present. Chair Michael Daly opened the meeting at 1:35 p.m. 1. Review of Status of Various Positions as Exempt/Non-exempt. Mike Maier gave an overview of the issue, which is meant to insure compliance with the Fair Labor Standards Act. The department heads have reviewed positions to recommend possible changes from exempt to non-exempt. Approximately 75 positions could be affected, most of which are in Mental Health, Juvenile, Parole & Probation and Community Development. Mark Amberg stated that the positions are being changed since they may be entitled to comp time or overtime pay. The monthly time management accrual would also be adjusted. It is hoped that these changes can be implemented in April. Mike Maier added that he will contact the AFSCME representative as soon as possible to update her, even though the Union has no say in how this issue is handled. Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 1 of 7 Pages 2. Discussion of Legal Counsel Charges to County Service Districts. Mark Amberg said that Legal Counsel would like some direction from the Board regarding how County Service Districts — primarily 9-1-1 but possibly 4- H/Extension as well — should be charged for services provided by Legal Counsel. These costs could be charged as they occur, or a flat rate could be charged instead. The Commissioners stated that they have no preference, and suggested that Mr. Amberg contact 9-1-1 to determine how they feel about it. 3. Discussion regarding Archiving Issues. This item was removed from the agenda. 4. Consideration of the Appointment of Jeff Klein to the Investment Advisory Board. After a brief discussion, the Commissioners indicated that it is appropriate to make this appointment. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 5. Update regarding Sage -Com Property Cleanup Issues. Tammy Credicott gave an update of the cleanup of the Redmond property. She said that the total cost is less than the original estimate, even though additional expenses have been incurred to handle materials found on the site. There were also additional costs for special equipment. She stated that Paulson Environmental has inspected the property and a report is expected soon. Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 2 of 7 Pages Commissioner Daly questioned the additional charges, which he felt should have been a part of the original estimate. Commissioners DeWolf and Luke pointed out that the contract states that if unanticipated problems are found, the contract amount can be renegotiated. Tammy Credicott, with the oversight of Mike Maier, had approved the completion of the work at the higher cost, but it was not brought before the Board in advance. Commissioner Luke added that staff should write the scope of work for contracts and the Commissioners should not get involved in drafting this wording. He also said that Sage -Com needs to begin work so that the radio station will be able to be in place by their deadline. Mike Maier stated that the City of Redmond is going to pick up a good portion of the additional cost, should their offer to purchase the Redmond property occur. Commissioner Daly reiterated that he does not feel the contractor handling the cleanup is entitled to the additional money. He said that he wants to review any future change orders on any contracts to make sure that departments are keeping their costs under control. Commissioner Luke emphasized that the department heads and staff should not be micro -managed in this fashion, as they know their projects and additional review could hold up work. Commissioner DeWolf stressed that he is not offering any authority for this additional review, if it falls under what the departments and Mike Maier are authorized to do. Commissioner Daly said that he still wants to see more scrutiny of change orders, regardless of the dollar amount or department. 6. Discussion of Possible Lease of a Portion of Knott Landfill. Timm Schimke gave a brief overview of the proposal, which would allow a company to place a building on Knott Landfill property in order to process tires. The process would result in oil, metal and other material being removed from the tires; this material would then be recycled as appropriate. The company is unable to obtain a no -pollution insurance rider. Mr. Schimke said that a maximum of 2,500 gallons of oil would be on the property at any given time. The only possible hazard is if the tank ruptured and the secondary container failed as well. Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 3 of 7 Pages After a brief discussion, it was decided that a bond of $10,000 should be provided to the County. Mark Pilliod added that a payment and performance bond for the building and equipment should also be included. Mr. Schimke stated that the building would belong to the County at the end of the lease period, which is for one year with an annual renewal option. LUKE: Move approval of the lease, with the addition of $10,000 security, subject to legal review. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. 7. Update of County Projects. Susan Ross advised the group that Mike Gorman has resigned from Steele & Associates in order to develop his own company. She said that this won't affect the County's projects in anyway. The warehouse/archives/I.T. building project is on target for completion by April 16. The County should be able to move into the new County/State building in June as planned. Advertisements have been placed for the Road Department expansion and Courthouse projects, since the plans are complete. The first phase of the video arraignment project is done, including three upstairs rooms and two main floor rooms at the Courthouse. The judges who do not have video arraignment equipment in their courtrooms will be using the other courtrooms as necessary. The City Fire Marshall is insisting that both the Courthouse and Justice Building be retrofitted with sprinkler systems; this adds about $300,000 to the cost of the project. There have been some savings experienced in the construction of the warehouse building. The UPS (backup) unit that I.T. currently uses is inadequate, and will be upgraded; however, for a minimal additional cost, the UPS unit can be upgraded even further, which is recommended. Commissioners Luke and DeWolf agreed that this is the appropriate time to upgrade the equipment for future uses. Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 4 of 7 Pages Ms. Ross added that a lift will be needed for the archives area, and power will need to be run to the warehouse parking lot for lighting purposes. 8. Other Business — Sale of Redmond Property. Mike Maier said that the final proposal for the sale to the City of Redmond of the County's property located within the urban growth boundary of Redmond is coming along well, and the final proposal should be ready for the Board's consideration on Wednesday, February 25. Many discussions have taken place and most issues have been addressed. 9. Other Business — Possible "Opt Out" of the Community Corrections Partnership. Commissioner Luke stated that the Sheriff provided a draft letter regarding "opt out" for the Board's review. He said that Lane County has already sent an opt - out letter to the State. Commissioners DeWolf and Daly said the draft meets their approval. Mike Maier suggested that the letter be sent to the County's delegation as well. 10. Other Business— Crisis Resolution Center. Susan Ross said that St. Charles is in line for a possible $300,000 grant, which would lower their commitment to the Crisis Resolution Center. This in turn would lower the County's contribution. She will keep the Board posted on developments. 11. Other Business — Millican Road Fencing Issue. Mike Daly asked if the Board was going to take any action regarding the request to fence along the soon to be approved Millican/West Butte Road. He said the property owner requesting the fencing was told by Crook County that Crook County's funding is contingent on Deschutes County also providing funds for fencing along the road. Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 5 of 7 Pages Susan Ross stated that Taylor Grazing funds may be available, but can only be used to offset the cost of materials. Approximately $20,000 is in the account at this time. She added that other property owners know this money is available but no one has applied for it for several years. Commissioner DeWolf said that he needs to review information on this issue to determine if it is appropriate for the County to provide fencing in this case. 12. Other Business — Blue Ribbon Committee to Study Sheriffs Funding. Bonnie Baker brought up the fact that the members of LPSCC (Local Public Safety Coordinating Council) discussed this issue at their last meeting, and were concerned when the Board might begin putting the Blue Ribbon Committee together. The members of LPSCC also discussed how choices will be made as to who should sit on the Committee and how they will be selected. After a brief discussion, Commissioner DeWolf responded that the Board will be discussing this over the next few weeks, and anticipates a letter will go to the cities, various policies agencies and other groups probably within a month. 13. Other Business — Personnel Policies and Rules. Commissioner DeWolf asked if any progress was being made on revamping the County's Personnel Rules. Mark Amberg said that he will be working on this project during the next few months. Commissioner Luke suggested that perhaps some assistance of an outside firm would be appropriate. Mr. Amberg added that in this case, a bid process would not be required. 14. Other Business — Update on Tom Johnson Litigation Schedule. Mark Amberg advised the Board that litigation on the Tom Johnson case has been postponed once again, this time until sometime in August. An exact date will be determined soon. No settlement conference has been requested or scheduled at this time. Being no further items discussed, the meeting adjourned at 3:20 p.m. Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 6 of 7 Pages DATED this 17th Day of February 2004 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Dennis R. Lu e, Commissioner r)w Tom DeWolf, Co over Minutes of Administrative Liaison Tuesday, February 17, 2004 Page 7 of 7 Pages