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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 1111111111111111111111111111111 2004-331 DESCHUTES COUNTY CLERK CERTIFICATE PAGE 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.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