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2004-1057-Minutes for Meeting July 26,2004 Recorded 8/5/2004COUNTY rf TES FICIAL NANCYUBLANKENSHIP,F000NTY CLERKDS VAI 2ON-1057 COMMISSIONERS' JOURNAL 08/05/2004 02:35:22 PM 111111111111111111111111 IN III 2004-1057 DESCHUTES COUNTY CLERK CERTIFICATE PAGE I This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JULY 269 2004 Commissioners' Conference Room - Administration Building 1300 NW Wall St.., Bend Present were Commissioners Michael M. Daly, Tom DeWolf and Dennis R. Luke. Also present were Anna Johnson and David Givans, Commissioners' Office; Mike Viegas, Risk Management; Mark Pilliod, Legal Counsel; and media representative Chris Barker of the Bulletin. No other citizens were in attendance. The meeting was brought to order at 1: 30 p.m. 1. Update of Bend Park and Recreation District Property. Mark Pilliod explained that the federal provisions regarding the transfer of the "Canal" property to Bend Park and Recreation do not satisfy what the County wants to do in regard to the reversionary clause. This is being addressed by Bend Park and Rec's attorney, Neil Bryant. Also, there are some concerns regarding the road right of way for 27th Street. Commissioner Luke pointed out that the County has had a right of way from the Forest Service from the beginning, and was assured by federal representatives that it was in place. Mr. Pilliod will attempt to clarify this issue. 2. Discussion of an Intergovernmental Agreement with the City of Bend — Solid Waste Management Ordinance. Mark Pilliod said that some members of the Bend City Council have concerns about changes to the City's solid waste management plan, and it is hard to bring them to agreement. Minutes of Administrative Liaison Monday, July 26, 2004 Page 1 of 4 Pages The County needs assurances of delivery for the long run, so some discretionary language will be removed. Franchise language has been reinserted, which is in regard to the seven-year rolling contract with notice, or withdrawal from cause (violations of law, Department of Environmental Quality requirements, etc.). He said the City wants broader assurances that if there are repeated violations, this can be addressed. The next City meeting is August 4, and it is unknown if there will be a majority in favor of the change. In regard to the City of Redmond, the changes have been accepted in principle; he is awaiting a response from their attorney. The City of Sisters has a municipal system and uses the same haulers. 3. Communications Update. Anna Johnson gave an update on the upcoming County Fair, and a Commission on Children & Families' candidate forum and a COTV candidate forum scheduled for fall. The dedication of the Robert Maxwell Veterans Memorial Bridge is scheduled for September 11. Commissioner Daly asked that it be videotaped. Ms. Johnson said that the County's Juvenile Report Card program received the NACIO award this year; and the County's website design received the 3CMA award as well. 4. Discussion of Policy regarding Responses to Recommendations. David Givans explained that this policy sets a procedure to be used when recommendations are made by the Auditor. There is no problem at this time, but this policy sets up a way to respond to recommendations. Commissioner DeWolf asked that references to "officer" be changed to supervisor or administrator — something more in line with government structure. 5. Discussion of Video Lottery Grant Funds. Commissioner DeWolf asked that this be on the agenda, as he is concerned about how requests for funding are handled. In some cases one Commissioner gets a request; sometimes they all get the same request. Also, he is concerned that some items should not be handled with lottery grant dollars. Minutes of Administrative Liaison Monday, July 26, 2004 Page 2 of 4 Pages This will be addressed further at an upcoming Administrative Liaison. 6. Discussion of the ADA Report on County Facilities. Mike Viegas said that the Department of Justice has assumed the Board will review and approve their recommendations this week. Mark Pilliod added that in this case it comes down to either signing or being sued by the DOJ. Commissioner Luke stressed that he is disappointed in how this report came about. He said that the County gave permission for the DOJ to review and advise the County, and was assured that the DOJ would not use a heavy hand. Mike Viegas observed that the County volunteered for this, but didn't have a lot of choice. Mark Pilliod stated that Mr. Viegas negotiated a lot of the requirements down, and arrangements have been made to handle the smaller issues. A consultant, Bob Pike, was hired to review the document and inspect the County's facilities so that an estimate of costs and time could be drafted. The consultant's findings agree for the most part with those of the DOJ. Commissioner Luke said that current building codes and the ADA's rules are not necessarily the same. Mr. Viegas stated that the inspectors have misinterpreted some of the State's Unified Building Code. Commissioner Luke added that CORIL reviewed the buildings and made some recommendations that didn't agree with what the federal agency wanted. Mr. Viegas replied that not all of CORIL's recommendations are considered necessary. Commissioner Luke asked who has the final say and responsibility — the federal, state, inspectors or CORIL. Mr. Viegas said that there should be some recourse against the contractors and architects, as the laws go back to 1992 and they should have been aware. However, it could be difficult to enforce anything that goes beyond two or three years. Commissioner Daly stated that the DOJ didn't inspect the new building. Mike Viegas said that they asked for a full set of plans, however, which they have not yet received. At this time Mr. Viegas went through the list of requirements and the time and dollar amount estimated to make those changes. (A copy of his handouts is attached as Exhibit A.) Minutes of Administrative Liaison Monday, July 26, 2004 Page 3 of 4 Pages He added that there are levels of responsibility — the architect, contractor, building inspectors and others who should have know what was required. He said that it has been determined that the plans for the upcoming Justice Center remodel are incorrect as well. Mark Pilliod will review the information to come up with a recommendation as to who is responsible for the work that was done inadequately. He said that it may be necessary to hire Bob Pike as a consultant, depending on what the contractor does. Mr. Viegas recommended that the Board sign the DOJ agreement this week at their regular Board meeting. Being no further items discussed, the meeting adjourned at 3:10 p.m. DATED this 26th Day of July 2004 for the Deschutes County Board of Commissioners. ATTEST: I'XUWI*AOVL--- Recording Secretary is ael M. Daly, air n Dennis R. Luke, Commrtissioner wort, Attachment Exhibit A: Copy of preliminary report from Environmental Access (2 pages) Minutes of Administrative Liaison Monday, July 26, 2004 Page 4 of 4 Pages e -r Environmental Access Inc. 7470 S.W. Hall Boulevard Beaverton, Oregon 97008-5729 Fax: 503 526-9155 Phone: 503 526-9400 E Mail: Bobpikena,teleport.com TO: Mike Viagas Risk Manager Deschutes County 1130 N.W. Harriman Street Bend, Oregon 97701 FROM: Robert W. Pike President DATE: July 22, 2004 Re: COST ESTIMATES ADA Compliance Program — US DOJ Deschutes County, Oregon Environmental Access Inc. and Accessible Solutions Inc. have prepared the following estimated costs to perform ADA upgrades per the US DOJ surveys to the following Deschutes County Buildings and Facilities. Deschutes County Buildings/Facilities Fairgrounds Health/Mental Health Building Solid Waste - Knott Main Office Becky Johnson Community Center Unger Building Main Road Office Extension/4-11 Office Administration Annex CDD Building Administration Juvenile Justice Probation/Parole/Trans. Sherrif s Office Jail Estimated Cost ADA Remediation $130,000.00 $125,000.00 $ 2,000.00 $ 20,000.00 $ 20,000.00 $15,000.00 $3,000.00 $ 45,000.00 $ 15,000.00 $ 35,000.00 $ 80,000.00 $ 70,000.00 $ 25,000.00 $ 70,000.00 Total Cost: $655,000.00 Exhibit--&- Page xhibitiPage / of Z r Page -2- Cost Estimates Deschutes County July 23, 2004 The estimated costs do not include the work related to the elevators, emergency alarms or the Oregon Building Code requirements. The majority of the work required by the Oregon Code relates to the exterior of the buildings and includes accessible routes from the public way/public transportation and parking, curb ramps, and detectible warnings. The estimates do not include the cost to lower counters, as it appears that US DOJ will allow the use of a table or clipboard as alternate. The cost to provide an accessible tables is included. These estimated costs are based upon a surface inspection only. Existing structural constraints not apparent from a surface inspection may cause an increase in these estimated costs. Exhibit Ll Pagey of Z