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2004-931-Minutes for Meeting May 17,2004 Recorded 7/2/2004COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1004.931 COMMISSIONERS' JOURNAL 11111111■07/OZ/Za04 10:26:29 AM 11■�11��1111��������oil 2004-933 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 MONDAY, MAY 179 2004 Commissioners' Meeting Room - Administration Building 1130 NW Harriman St., Bend Present were Commissioners Michael M. Daly, Dennis R. Luke and Tom DeWolf. Also present were Mike Maier, County Administrator; Debbie Legg and Ronda Connor, Personnel; Susan Ross, Commissioners' Office; media representative Chris Barker of the Bulletin; and citizen Randy Gordon. Also present for a portion of the meeting were Tammy Credicott, Property Manager; and Timm Schimke, Solid Waste Department The meeting was called to order at 1: 30 p.m. 1. Presentation and Consideration of Approval of the Physical Activity Academy. Ronda Connor gave a brief overview of the program, which has been reviewed and approved by Risk Management and Legal Counsel. There would be a ten - week commitment for the program, and all activities would take place on the employees' own time. Commissioner Luke stated that he doesn't like having the program coordinator using time to visit Mt. Bachelor and other locations. Mike Maier pointed out that this position is unique and there is advance work and coordinating that has to be done to make the program successful. The program manager cannot accomplish these things by staying in the office. Commissioner DeWolf added that the Juvenile Justice group coordinates activities, as do members of the Sheriffs Office, and that this type of thing is just part of the job. Minutes of Administrative Liaison Monday, May 17, 2004 Page 1 of 6 Pages Mike Maier further said that although it is hard to measure results from this type of program, the goal is to reduce medical claims. Having to pay the cost of one claim could equal the entire cost of the program. Commissioners DeWolf and Daly concurred that outside visits are a necessary part of the position and should be allowed. Commissioner Luke did not agree. DEWOLF: Move approval. DALY: Second. VOTE: DEWOLF: Yes. LUKE: No. DALY: Chair votes yes. (Split vote.) 2. Discussion of Exemption to Comp Time Policy. Debbie Legg provided a copy of the Fair Labor Standards Act document to the Commissioners. (A copy is attached as Exhibit A.) She said that changes were necessary in order to comply with federal law. Management of Parole and Probation want to give comp time to their employees, as appropriate, since they do not have the funds to pay them. Juvenile Community Justice would like to pay the comp time amounts instead, up to the allowed maximum of 80 hours. This funding would have to come out of the General Fund Contingency. The Commissioners asked Ms. Legg to determine what the costs would be to bring the comp time totals for both departments down to 80 hours, 70 hours and zero, since it would be less complicated to pay these costs off if at all possible. 3. Discussion of Real Estate Broker of Record Services Contract. Tammy Credicott explained that the existing contract with Steve Scott does not have an extension clause; however, he does have some transactions in progress at this time. The Elliott property purchase and the sale of the 9th & Antler property to the City of Redmond should conclude in the near future. Minutes of Administrative Liaison Monday, may i 1, ,4vu4 Page 2 of 6 Pages She asked if the Board wanted a request for proposal done, or if the existing contract should be extended. Mike Maier pointed out that the real estate needs of the County have been reevaluated, and the original intent has changed. About 75% of the project properties have been sold, and the work that is being done now is related more to consulting and acquisition. Mr. Maier stated that there are some future large projects to be considered, such as the Simpson Avenue property (the site of an old landfill), and Rickard Road. He suggested that a three-year contract be offered, with an option to renew for two additional years, and that a thirty -day cancellation clause be included. Commissioner Daly stated that in his opinion the County doesn't need a Realtor of record. He said that Steve Scott has done a good job for the County but this type of service is no longer needed. He feels that an engineering firm can address the Simpson Avenue property situation, and can be hired as needed on a contract basis. He added that Tammy Credicott should be able to handle the routine sales and purchases, with the help of Legal Counsel and a title/escrow company. Commissioner DeWolf pointed out that if the County is considering the purchase of a property and the owners are approached by a representative of the County, the price of the property tends to go up. Susan Ross added that Steve Scott has been in business in the area for decades, and she relies on his knowledge, expertise and networking ability. Commissioner Luke stated that Ms. Credicott is not a licensed agent. He also said that Steve Scott provides a lot of knowledge and consulting expertise to the County and often does not charge for his time. Mr. Scott is a credible, good resource, and could be saving the County money. Mr. Maier added that Mr. Scott saved the County a lot of money during the sale of the old fairgrounds property. Commissioner Daly stated that the County could hire a full-time agent for what they have paid Mr. Scott in commissions. Commissioner DeWolf observed that no successful agent would want to become an employee. Ms. Credicott said that she is far too busy with her routine work, and it helps to have someone with expertise to consult. Minutes of Administrative Liaison Monday, May 17, 2004 Page 3 of 6 Pages Commissioners DeWolf and Luke instructed Ms. Credicott to move forward with a request for proposals, with the appropriate changes regarding the nature of the work; Mike Maier is to review the revised RFP. Commissioner Daly indicated he is not supportive of the RFP. DEWOLF: Move approval. LUKE: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes no. (Split vote) 4. Discussion of County Membership in the Chambers of Commerce. Commissioner Daly stated that he is somewhat uncomfortable with the County's Bend Chamber of Commerce membership, since they endorse candidates. Commissioner Luke observed that the Secretary of State's letter in this regard is not as clear as the City of Bend's attorney says it is; there is room for discretion. He pointed out that many of the meetings, such as the Legislative update meetings, are beneficial. Susan Ross added that the Chambers of Commerce are also asked to endorse levy measures. The consensus of Commissioners Luke and DeWolf was that it is appropriate for the County to belong to the local Chambers of Commerce. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes no. (Split vote) 5. Discussion of County Acquisition of Properties. Timm Schimke said that he has been approached by people who own property located in the vicinity of Knott landfill in regard to the County purchasing their properties, and he is not sure how to handle this situation. Minutes of Administrative Liaison Monday, May 17, 2004 Page 4 of 6 Pages Commissioner Luke stated that work on the current landfill project should be completed before the County can consider the possibility of purchasing additional properties. However, if the properties are reasonably priced, they could be a good investment for the future. The consensus was that because the current landfill situation is very complicated, the County should stay focused on it until the project is completed. 6. Update of County Building Projects. Susan Ross explained that furniture is now being moved into the new Warehouse building; Building Services has already moved and Information Technology will move later in the week. She also said that temporary structures at the Justice Center are being put into place, with construction at the front of the building to begin the first week of June. The new temporary entrance will be located in the back of the building. Mike Maier pointed out that the Courthouse/Justice Center project is very complicated, and asked that the Board give Ms. Ross their full support during this challenging project. Regarding the veterans' park to be put into place in front of the Courthouse building, Commissioner Luke asked Ms. Ross to have the architect meet with representatives of the veterans' group so that the veterans' input can be considered. At this time, Ms. Ross presented a change order for work on the new buildings that are necessary for minor changes, such as moving outlets, adding the map holder, shelving and cabinet locks. LUKE: Move approval. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Minutes of Administrative Liaison Monday, May 17, 2004 Page 5 of 6 Pages 7. Other Business. LUKE: Move that bills be reviewed and approved next week without Mike Maier's signature. DEWOLF: Second. VOTE: DEWOLF: Yes. LUKE: Yes. DALY: Chair votes yes. Being no further items discussed, the meeting adjourned at 2:55 p.m. DATED this 17th Day of May 2004 for the Deschutes County Board of Commissioners. ATTEST: (-tU-Xp,CIC' A�� Recording Secretary Attachment ell ."O'.zzealml�W Mi ael M. Daly hair Dennis R. Luke, Commissioner Tom DeWolf, Commissio Exhibit A: Copy of the County's Policy regarding the Fair Labor Standards Act (2 pages) Minutes of Administrative Liaison Monday, May 17, 2004 Page 6 of 6 Pages y, DESCHUTES COUNTY POLICY NO.: P-004-97 SUBJECT: FAIR LABOR STANDARDS ACT POLICY: WORK WEEK: Work weeks and work schedules shall be determined by the department head with approval by the Board of Commissioners. The standard work week for Deschutes County is now Sunday through Saturday, with the exception of the Library. The Library's work week is Saturday through Friday. TIME AND LEAVE WORK SHEETS: (Non-exempt employees) Due to the Fair Labor Standards Act all Time and Leave Worksheets must be signed and dated by employees. If an employee is absent on the day that payroll is due, send a copy to Finance, then provide the signed original to Finance when the employee returns to work. The Time and Leave Worksheet must be filled in with the number of hours worked for each day worked. This information is required for both salaried and employees. pS�or C) beside yee is using me vacation leave, sick leave, or compensatory use the appropriate lett r (V, the number of hours used. *Exempt employees (not subject to the FLSA and overtime requirements) shall also sign and date the Time and Leave Worksheets. OVERTIME: (All non-exempt employees) Basis for payment of overtime is as follows: any time worked over the established work week of 40 hours per week. Hours worked shall include holidays, vacation and compensatory hours which are authorized and scheduled in advance in accordance with departmental policy. Do not include sick leave as hours worked. The rate of pay for overtime is 1.5 times the normal hourly rate. Overtime must be authorized and directed by the department head or supervisor. COMPENSATORY TIME: anon-exempt (Non-exempt employees) In lieu of mutual agreement between the department head and employee, Pt emPloyee may compensatory time off at the rate of 1.5 times their hourly rate of pay. A request to accrue compensatory time off shall be made prior to the endof epay time period offshall have the option to in which the overtime is worked. An employee designated to utilize compensatory request the day in which such compensatory time off is to be utilized, and -the department head shall, within the constraints of manpower and scheduling, make every effort to honor that request. Compensatory time off for approved overtime worked shall SbeotakL me off acwithin 80 days of rue beyond e date such overtime was earned. In no event shall compensatory maximum of 80 hours without explicit board approval. Exhibit lei Page 0f Z I. EXCHANGE TIME: (Exempt employees) Exempt employees may be granted exchange time on a one hour for one hour basis. This exchange time must be used and monetary compensation cannot be claimed. Exchange time will be used and granted at department head discretion and records of this time will be maintained within the department. Prior approval of hours to be worked and time off must be granted by the department head. Maximum accrual shall be determined by the department head, but in no event shall the maximum exceed 80 hours. TRAVEL TIME: Travel that occurs during an employee's workday is generally included in hours worked. This includes travel from job site to job site and travel to meetings. Where an employee is required to report at a specified place to receive instructions or to pick up and carry tools, the travel between that designated meeting place and the employee's work site is also considered to be travel that is "all in a day's work" and is therefore compensable time. Gut -of -town travel is covered by two sets of rules, depending on whether the assignment is for one day or requires an overnight stay. If an employee is given a one -day assignment in another city that does not require an overnight stay, all the time spent traveling between cities is counted as hours worked. However, time spent traveling between the employee's home and the airport (during the employee's departure or return) is not considered to be work time because it is the equivalent of travel between home and work. If the employee's out-of-town assignment requires an overnight stay, time spent traveling to the other city is counted as straight time hours worked. No overtime will be paid for travel time when an overnight stay is involved. The only exception shall be when employees are transporting clients. Nancy Pqp4 SchKgen, Chair A rl Recording Secretary 01/97 Robb rt L. Nipper, Commissioner Linda L. Sweari gen, ommissioner Exhibit A Page Z of /