2004-1331-Minutes for Meeting October 27,2004 Recorded 10/29/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 2004.1331
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 10/29/2004 03;01;26 PM
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2004-331
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, OCTOBER 27, 2004
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Michael M. Daly and Dennis R. Luke; Commissioner
Tom De Wolf was out of the office. Also present were Mike Maier, County
Administrator; Tom Blust, John Valley and Dan Sherwin, Road Department; Joe
Studer, Forestry Specialist; Anna Johnson, Commissioners' Office; George Read,
Tom Anderson and Chris Schmoyer, Community Development Department; Bob
Haas, Tom Cornilliac, Becky McElrath and Toby Cundell, Information
Technology; Mark Amberg and Laurie Craghead„ Legal Counsel; Mike Viegas,
Risk Management; media representatives Chris Barker of the Bulletin, and Barney
Lerten of bend. com and the Bugle; and three other citizens.
Chair Mike Daly opened the meeting at 10: 00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Presentation of the "SAVVY" Award from 3CMA
National Communications Organization to County Information
Technology Employees Tom Cornilliac, Bob Haas, Toby Cundell and
Becky McElrath.
Chair Daly read information regarding the award, and the Board congratulated
I.T. staff for their outstanding work on the County's website, as recognized by
this national group.
Minutes of Board of Commissioners' Meeting Wednesday, October 27, 2004
Page 1 of 6 Pages
3. Before the Board was Consideration of Adoption of Policy No. 2004-113,
the Americans with Disabilities Act (ADA) Grievance Policy, and Public
Notice per the Department of Justice Settlement Agreement.
Mike Viegas stated that the County is updating this policy to comply with the
Department of Justice program; the language used was taken from the
Department of Justice format.
Commissioner Luke asked about the ADA coordinator meeting with the
complainant. His concern was, if for some reason the person filing the complaint
doesn't want to or can't meet within the stated fifteen -day period, whether the
County would be in violation. Mr. Viegas replied that this situation would be
well documented; however, even with fifteen days the time period is very tight.
Mike Maier asked if the time frame could be extended because of mitigating
circumstances; i.e. someone being out of town or other scheduling problems.
Mr. Viegas said that his understanding is there is some flexibility; the County
will need to show that positive action is being taken and that attempts to handle
the issue are made and document. Due diligence must be shown.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration N of Signature of Policy No. 2004-112,
the County's Non -Harassment and Non -Discrimination Policy.
Mark Amberg explained that this is an update and clarification of the County's
existing policy so that the procedures for making a complaint, and handling
investigations and appeals are clear.
Commissioner Luke asked if a complaint is filed and investigated, regardless of
the outcome, would it then become public record. Mr. Amberg replied that it
depends on the circumstances. The documents are in reality public records, but
may be subject to a disclosure exemption. There is always a balancing task as
to whether something is in the public interest, since the privacy of the
individuals involved outweighs the public's need to know. Also, there may be
provisions in some of the union agreements that affect how this situation could
be handled.
Minutes of Board of Commissioners' Meeting Wednesday, October 27, 2004
Page 2 of 6 Pages
LUKE: Move approval; this replaces the previous County policy.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2004-
498, a Conservation Easement Made by Oregon Water Wonderland Unit 2
Sewer District in Favor of Deschutes County.
Chris Schmoyer gave a brief overview of the conservation easement, which was
required by a Board decision. It includes a conservation plan that places
restrictions on a parcel outside of the proposed development of a sewage disposal
area. This is the final chapter of the project which was begun a couple of years
ago. Legal and staff have reviewed the easement and are satisfied with it.
Commissioner Luke asked who will be inspecting the property over the coming
years to make sure there is no garbage accumulating and that the land is being
properly handled. Laurie Craghead replied that it is the applicants'
responsibility. If there is a problem, a complaint could be filed with code
enforcement.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was Consideration of Signature of Resolution No. 2004-
126, Transferring Appropriations within the Deschutes County Sheriff's
Office Fund.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, October 27, 2004
Page 3 of 6 Pages
7. Before the Board was Consideration of Signature of Resolution No. 2004-
125, Transferring Appropriations within the Deschutes County
Community Development Department Fund.
Tom Anderson explained that this moves funding to hire a new plans examiner,
pursuant to a contract with the City of Redmond.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
8. Before the Board was Consideration of Signature of an Oregon Liquor
Control License Application for Niblick & Green's, Redmond.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSIONA-H
COUNTY SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District, in the
Amount of $13,133.07 (two weeks).
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, October 27, 2004
Page 4 of 6 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District, in the Amount of
$60,334.06 (two weeks).
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County, in the Amount of $7,022,414.41
(two weeks).
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Chair votes yes.
12. ADDITIONS TO THE AGENDA
Before the Board was the Presentation of an Award to Dan Sherwin of the
Road Department, upon his Nomination as Oregon Vegetation Manager of
the Year.
The Board presented a plaque that was received from the Oregon Vegetation
Association, a group that has representatives from throughout Oregon, to Dan
Sherwin for his outstanding work.
Mr. Sherwin then gave a brief overview of how he, the Road Department and
the members of the Weed Board continue seeking funding from grants and
other sources to keep the program operating and expanding so that it will be
successful.
Minutes of Board of Commissioners' Meeting Wednesday, October 27, 2004
Page 5 of 6 Pages
Being no further items brought before the Board, Chair Daly adjourned the
meeting at 10:40 a.m.
DATED this 27th Day of October 2004 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
Minutes of Board of Commissioners' Meeting
Page 6 of 6 Pages
Dennis R. Luke, Commissioner
Tom DeWolf, Commissioner
Wednesday, October 27, 2004