2005-4-Minutes for Meeting December 08,2004 Recorded 1/3/2005DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK U 20054 COMMISSIONERS' JOURNAL 01/03/2005 04:14:42 PM 11111111111111111111111111111 2005-4 DESCHUTES COUNTY CLERK CERTIFICATE PAGE -- U:� - 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 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF EXECUTIVE SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, DECEMBER 8. 2004 Commissioners'Meeting Room - Administration Building — 1300 NW Wall St., Bend Present were Commissioners Tom De Wo�f, Dennis R. Luke and Michael M Daly. Also present were Mike Maier, County Administrator; Mark Amberg, Legal Counsel; and, for a portion of the meeting, Susan Ross, Commissioners' Office; andRonda Connor, Personnel. No representatives of the media were present. The executive session was called under ORS 192.660(l) (h), Pending or Threatened Litigation, and began at 11: 10 a. m. One purpose of the executive session was to address an insurance issue regarding Mary Ann Martin, a former County employee. Ms. Martin has settled the underlying lawsuit against the owner/driver of the vehicle that injured her severely a couple of years previously. The County had paid out $118,000 plus $8,500 for the excess coverage carrier. The owner of the vehicle has no assets. $50,000 was all the insurance coverage he had5 and Ms. Martin's insurance paid $300,000. Ms. Martin's attorney is requesting a compromise on what is to be refunded to the County. Ms. Martin has a long-term disability and it is unknown if she will be able to work in the future. She is receiving long-term disability payments through the County and through Social Security. After a brief discussion,, Mr. Amberg indicated he will contact Ms. Martin's attorney and see if he will be reasonable in order to provide some kind of benefit to his client. Minutes of Executive Session — Litigation Wednesday, December 8, 2004 Page I of 2 Pages Ms. Connor left the meeting at this time. The group then discussed the Jennifer Walsworth claim of improper disclosure of private information. No mediation has taken place. It was felt that the settlement previously offered was generous. The Commissioners still feel that the original settlement offer is appropriate. Mr. Amberg indicated that it may end up at trial. Susan Rossjoined the meeting at this time. The group then discussed the failure of Royal Blend Company to repay its loan to the County. The company has been sold and no one was personally named on the note. The previous owner has not responded to calls or letters. Ms. Ross stated the original loan had a personal guarantee and equipment to use for lien purposes. However, when the company merged with another, a break occurred. There are now no large assets and no real estate. The Commissioners indicated that Legal Counsel should pursue this issue aggressively, since the owner of the company had been given the benefit of the doubt many times and continues to not honor the terms of the business loan. Being nofurther discussion, the executive session adjourned at 12:00 noon. DATED this 8 th Day of December 2004 for the Deschutes County Board of Commissioners. - - Ale A ATTEST: hl'y� 6"2� - Recording Secretary iviicrraei yi-7:.R)aiy, unf r Dennis R. Luke-, CO missioner TA Delkbif, C.QuafQssioner Minutes of Executive Session — Litigation Wednesday, December 8, 2004 Page 2 of 2 Pages