2010-83-Minutes for Meeting February 08,2010 Recorded 2/16/2010DESCHUTES COUNTY OFFICIAL RECORDS CJ 2014'83
NANCY BLANKENSHIP, COUNTY CLERK
OOMMISSIONERS','JOURNAL 0211612010 11;41;41 AM
II [11111111
-83
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, FEBRUARY 89 2010
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Dave Inbody, Assistant to the Administrator; and for a
portion of the meeting, Susan Ross and Teresa Rozic, Property & Facilities and
Hillary Borrud of The Bulletin. No other citizens were present.
Chair Luke opened the meeting at 1:30 p.m.
1. Discussion of Draft Policy on Travel Time Compensation.
Erik Kropp explained that collective bargaining agreement, BOLI and other
affecting how employees are paid for drive time outside normal working hours.
One department has been compensating only the driver even if the passengers
with him or her are going to the same function. Another department would
compensate all. The policy recommends that there be consistency, and that all
participants are paid equally. Usually this would involve exchange time.
Departments try to avoid overtime if possible.
Mr. Kanner said that BOLI would look at what the normal work hours might
be. Commissioner Baney stated that carpooling is to be encouraged, and this
would help accomplish this.
BANEY: Move approval of Policy Number HR-13.
UNGER: Yes.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Work Session Monday, February 8, 2010
Page 1 of 4 Pages
2. Economic Development Grant Requests.
Dave Inbody said there are a dozen requests at this time, equaling more than
available funds. The latest disbursement from the State was $119,000, close to
budget. The Board decided to transfer the remaining $30,000 of discretionary
video lottery funds from the general fund to use for community support
organizations. The Commissioner considered each request at this time.
• Bend-La Pine Education Foundation. Commissioner Luke granted $500.
• Big Brothers, Big Sisters. Commissioners Baney and Unger granted $500 each.
• Boys & Girls Club of Central Oregon. The Commissioners granted $500 each.
• Family Access Network Foundation. Commissioner Baney granted $1,000 and
Commissioner Unger granted $500.
• La Pine Rodeo Association. The Commissioner said the County is helping
them find a suitable location, and that this request should be consideration
operational funding. The Commissioners granted $200 each.
• MountainStar Family Relief Nursery. None was granted at this time.
• Neighborlmpact (Food Bank). Commissioner Luke granted $1,000;
Commissioners Unger and Baney granted $500 each.
• Partnership to End Poverty (Homeless Count). The Commissioners granted
$500 each.
• Redmond-Sisters Hospice. They will be asked to resubmit in July.
• Volunteers in Medicine. Commissioner Baney granted $1,000;
Commissioner Unger granted $1,500.
• Network of Volunteer Administrators. Commissioner Baney granted $500;
Commissioner Luke granted $1,000.
• Oregon Commission on Children & Families (Week of the Young Child).
Commissioner Baney granted $500.
3. Discussion of Upcoming Property Auction.
Ms. Rozic said she would like to present a Resolution for Board approval on
February 24, which would allow for time for public meetings, notice, etc.
Commissioner Luke said he would like to see all of the proceeds go into the jail
fund. Commissioner Baney asked if all the money could go into the fund and
then let the districts challenge this. The School District would not have much to
lose as most of the money would go to Salem and they would not get it back
anyway. Mr. Kanner stated that there could be legal ramifications that need to
be considered.
Minutes of Board of Commissioners' Work Session Monday, February 8, 2010
Page 2 of 4 Pages
Ms. Ross said that a portion of the proceeds goes toward Property & Facilities,
and the Sheriff's Office receives some. There may not be that much to
distribute, depending on how successful the auction is.
4. Update of Commissioners' Meetings and Schedules.
Commissioner Baney said that the Department of Environmental Quality ran
the meeting in La Pine last week, and feedback was good. They had a little
trouble getting the citizens to focus on the committee to be formed. It would be
a community group that would use census block and similar ways to base
decisions or recommendations.
There were questions about Goal 11 and a lot of the same questions from the
past were raised. The DEQ will have a website with some information, and will
staff the committee. It is unknown what the role of the County will have. After
the group meets once, perhaps it will be more clear. She is not anticipating
quick movement. The question is how much authority this group will have; she
feels that it will be advisory only. A main point was that they would allow
some options. There were comments about raising the EPA standards regarding
water quality so it would rate better, but that is a federal standard.
Mr. Kanner stated he did not get the sense that there would even be a seat for
the County on this group. He fears that if someone from the County attends,
they might be a lightning rod and possibly cause progress to slow. Any
involvement of the County needs to be at the request of the DEQ.
Commissioner Baney added that the County has done what it can on the local
level and needs to take on a supportive role.
Commissioner Unger asked who at the DEQ might be taking on the leadership
role. Commissioner Baney replied she was not sure at this point.
Commissioner Unger said he attended a COIC meeting regarding economic
development plans and funding. He was elected Chair of COIC and wants to
continue to be more involved.
5. Other Items.
• Executive Session regarding Litigation
• Executive Session regarding Real Property Negotiations
Minutes of Board of Commissioners' Work Session Monday, February 8, 2010
Page 3 of 4 Pages
Erik Kropp presented a matrix regarding Skyliners Road permit issues, prior to
a hearing this evening. Commissioner Luke asked if there is a limit to the
number of events, and what happens if there are more requests than that. Mr.
Kropp said that there are many stakeholders, but there is no single group that
could represent them all. There are nonprofits, local businesses and individual
cyclists, and no homeowners' association.
Discussion occurred whether the road could be moved up on the construction
schedule for ODOT; signage was also discussed. Commissioner Baney asked
why the County couldn't partner with the City and use their reserve officers if
the Sheriff s Office does not have adequate staffing. Mr. Kropp said that some
of the residents feel that all events are too dangerous and should be banned.
Commissioner Luke asked if it might be cheaper to design a course somewhere
else. Mr. Kropp said they need lots of paved parking, a long enough paved
road, elevation gain, proximity to Bend, and dirt side roads since some events
involve both cycling and running. He said the residents do not seem to be able
to make any viable recommendations at this point.
The concerns are public safety, inconvenience to the neighbors and notification.
Commissioner Unger feels that this is a temporary issue and once the road is
improved, many of the concerns should be eliminated.
Being no further items addressed, the meeting adjourned at 3:40 p.m.
DATED this 8th Day of February 2010 for the Deschutes County Board
of Commissioners.
ATTEST:
f
Recording Secretary
Dennis R. Luke, Chair
Alan Unger, Vice Chair
Tammy aney, C missioner
Minutes of Board of Commissioners' Work Session
Page 4 of 4 Pages
Monday, February 8, 2010
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., MONDAY, FEBRUARY 8, 2010
1. Discussion of Draft Policy on Travel Time Compensation - Erik Kropp
2. Economic Development Grant Requests - Dave Inbody
• Bend-La Pine Education • Neighborlmpact
Foundation • Partnership to End Poverty
• Big Brothers, Big Sisters • Redmond-Sisters Hospice
• Boys & Girls Club of C.O. Volunteers in Medicine
• Family Access Network Network of Volunteer Administrators
Foundation Oregon Comm. on Children &
• La Pine Rodeo Association Families
• MountainStar Family Relief Nursery
3. Discussion of Upcoming Property Auction - Susan Ross
4. Update of Commissioners' Meetings and Schedules
5. Other Items
• Executive Session regarding Litigation
• Executive Session regarding Real Property Negotiations
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated
Ifyou have questions regardinga meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Date: February 3, 2010
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator " k
Re: DRAFT POLICY ON TRAVEL TIME COMPENSATION
For your consideration at the February 8, 2010 Work Session is a draft policy on employee travel
time compensation. The draft policy is attached.
The proposed policy provides County departments guidance on how to compensate employees
during business travel. In addition, the new policy will result in more consistency across County
departments in this area.
Dave Kanner, County Administrator
Debbie Legg, Personnel Services Manager
DRAFT
U~,)TER Off`
0 1
DRAFT DRAFT DRAFT DRAFT DRAFT
Deschutes County Administrative Policy No: HR-15
Effective Date: DRAFT
TRAVEL TIME COMPENSATION POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County to pay employees for travel time in accordance with the Fair
Labor Standards Act, State of Oregon Bureau of Labor and Industries regulations, and applicable
collective bargaining agreements.
APPLICABILITY
This policy applies to all County employees, except elected officials.
DEH IITIONS
• Portal-to-portal travel - an employee's normal home-to-work and work-to-home travel at the
beginning and end of a single work day.
• Travel between worksites - employee travel within a single day between multiple work sites.
• Special one-day assignment - employee is sent on a one-day assignment to a city more than
30 miles from the employee's fixed official work station.
• Overnight travel - applies whenever travel keeps an employee away from the home
community overnight.
POLICY AND PROCEDURE
Time spent traveling on County business should be scheduled within an employee's regular
schedule, to the extent possible, overtime should be avoided or minimized. In the event a specific
situation is not covered by this policy, Oregon Bureau of Labor and Industries' (BOLI)
Administrative Rules (OAR 839-020-0045) shall apply. BOLI "Travel Time Compensation:
Questions and Answers" are attached. In the event that this policy conflicts with an applicable
collective bargaining agreement, the collective bargaining agreement shall prevail.
Portal-to-portal travel shall not be compensated. Travel between worksites shall be compensated.
Out of Area Travel for Non-exempt ("hourly") Employees
If a non-exempt employee travels out of the area for a one-day special assi ng ment that does not
require an overnight stay, the time spent traveling is counted as hours worked.
If a non-exempt employee travels out of the area that includes an overnight stay, the time spent
traveling during normal work hours (including a normally scheduled day off) must be
compensated. When the travel time falls outside the employee's normal work hours, the travel
time shall be compensated if the travel is by automobile (either as the driver or passenger) and not
paid if the travel is via airplane. Time spent traveling from the employee's home to the airport
and airport to home shall not be paid.
For a one-day special assignment or an overnight stay, overtime shall be paid only if the total
hours for the week exceeds 40 hours or 48 hours for law enforcement employees on a 4-12 shift
(unless the applicable collective bargaining agreement requires overtime).
Policy No. HR - 15, Travel Time Compensation Page 1
Out of Area Travel for Exempt ("salaried") Employees
It is expected that employees in exempt positions will remain on duty for whatever time is
necessary to carry out the responsibilities of their positions. If an exempt employee travels out of
the area for a special one-day assignment or an overnight stay, the time spent traveling is counted
as hours worked. A department may flex the hours of an exempt employee in a supervisory or
confidential position consistent with County Administrative Policy No. HR-7 or may provide
exchange time for an exempt employee in a union represented position consistent with the
applicable collective bargaining agreement.
Approved by the Deschutes County Board of Commissioners DATE.
Dave Kanner
County Administrator
Policy No. HR - 15, Travel Time Compensation Page 2
State of Oregon - Bureau of Labor and Industries
Technical Assistance for Employers
800 NE Oregon Street, Suite 1045
Portland , OR 97232
971-673-0824
www.oregon.gov/boli
Travel Time Compensation: Questions & Answers
Whether employers must compensate employees for travel time depends largely on the type of travel
involved. Wage and Hour rules define four basic categories of employee travel: portal-to-portal
travel; travel between worksites; travel on special one-day assignments; and overnight travel. OAR
839-020-0045
Portal-to-Portal Travel
Portal-to-portal travel consists of an employee's normal home-to-work and work-to-home travel at the
beginning and end of a single work day.
Q. Must an employer pay an employee for regular home-to-work/work-to-home travel?
A. No, unless the employer has created a policy or contract promising pay for such travel. Both the
federal Portal-to-Portal Act of 1947 and Oregon law state that normal home-to-work and work-to-
home travel need not be compensated.
Travel Between Worksites
A second category of employee travel is travel within a single day between multiple work sites.
Q. Is an employer required to pay an employee for travel time from one job site to another in
the course of a day's work?
A. Yes, if the employee must travel to accomplish the day's work. Examples include landscape
maintenance employees or appliance repair persons who travel from site to site during the day.
Q. If an employer allows an employee to take a company vehicle home, does the employer have
to pay for travel time from home to the job site and vice versa?
A. No, as long as the employee performs no work duties until reaching the first work site. This is
considered normal home-to-work/work-to-home travel, and the time needn't be compensated.
Q. If I require my employee to stop at one location at the beginning of the work day to receive
instructions or to pick up tools or a company vehicle before reporting to the actual work site, do
I have to pay any of the travel time?
A. Yes. The travel from the employee's home to the first location need not be compensated, since it
falls under the portal-to-portal rule. But once the employee arrives at the first required location, the
employee is "on the clock" and the subsequent travel time is compensable.
Special, One-Day Assignments
The "special one-day assignment" rule applies when an employer requires an employee who usually
works at one location to report for a day to an alternate work site in a city over 30 miles away.
Q. I sent an employee from my Portland office to train new-hires at our Salem branch. The
employee did not stay overnight in Salem and returned home the same day. Must I pay for the
travel time?
A. Yes. Because the one-day assignment was to a city beyond a 30-mile radius of the employee's
official work station, the travel time involved is compensable.
Q. My employee frequently works at different locations and doesn't have a fixed official work
station. Do I have to pay her time when she travels more than 30 miles to a worksite?
A. No. The "special one-day assignment" rule applies only when an employee has a fixed official
work location. Your employee's travel time thus falls under the portal-to-portal rule and needn't be
compensated, even when she travels to remote locations for the day.
Overnight Travel
The "overnight travel" category applies whenever travel keeps an employee away from the home
community overnight.
Q. When is travel on an overnight trip considered work time that must be compensated?
A. On overnight trips, all the time an employee spends traveling during normal work hours must be
compensated even on weekends. An employer is not legally obligated to compensate for travel time
that falls outside of the employee's regular work hours, except when the employee is required to
drive.
Example: Chet's regular work schedule is 8:00 a.m. to 5:00 p.m., Monday through Friday. His
employer requires him to attend a two-day business conference in Boise, Idaho. Chet travels by bus
on Wednesday, from 10:00 a.m. to 4:00 p.m. The employer must pay for these six hours of travel
time, since they cut across Chet's normal work hours. Chet returns home by bus on Saturday,
traveling from 2:00 p.m. to 8:00 p.m. The employer must pay for the three hours between 2:00 and
5:00 p.m., the travel time which cuts across Chet's normal work hours. This is required even though
Chet does not normally work on Saturdays.
Example: Jane's regular work schedule is 8:00 a.m. to 5:00 p.m., Monday through Friday. Her
employer sends her from Portland to a work-related weekend convention in Chicago on a Friday night
"red-eye" flight from midnight to 5:00 a.m. Since Jane is traveling as a passenger outside of normal
work hours, the employer needn't pay for any of the travel time.
Example: Peter, whose regular work schedule is 8:00 a.m. to 5:00 p.m., Monday through Friday,
travels by plane to an out-of-state business meeting. The air travel takes place from 12:00 noon to
5:00 p.m. At the airport, Peter is required to pick up a rental car and drive an additional five hours to
reach the remote city where the meeting will take place. In this case, the employer must pay for 10
hours of travel time the five hours of air travel which cut across Peter's normal work hours, plus the
five hours of car travel which fall outside of Peter's normal work hours, since he is required to drive
during that time.
Example: Donna normally works the graveyard shift, from 12:00 midnight to 8:00 a.m. Donna's
supervisor assigns her to travel to California for a week-long business trip. The supervisor offers
Donna a bus ticket for travel from 6:00 a.m. to 2:00 p.m., but Donna chooses to drive her private
vehicle instead. In this case, since Donna was offered transportation as a passenger and was not
required to drive, the employer may choose to pay Donna for all of the hours she spends driving her
car, but is only legally obligated to pay for the two hours of travel from 6:00 a.m. to 8:00 a.m. the
time that would have been compensable had Donna accepted the bus ticket.
An Overview: When Employers Must Pay Travel Time
Category
Definition
Ecompensable travel time?
Portal-to-portal travel
Normal home-to-work / work-to-home
No
travel at the beginning and end of one
work day.
Travel between worksites
avel in the course of a day's work
~Tr
Yes
one job site to another.
m
Special one-day assignment
Employee is sent on a one-day
Yes
assignment to a city more than 30
miles from the employee's fixed
official work station.
Overnight travel
Travel that keeps an employee away
Yes, whenever travel cuts
from home overnight.
across an employee's regular
work hours (applies seven
days per week). No, if the
employee is a passenger and
travel falls outside of regular
work hours. (Travel time must
be paid whenever driving is
required.)
Q. Is an employer obligated under wage and hour laws to pay employees for per diem expenses
(hotel, restaurants, mileage, etc.)?
A. Generally, no. But an employer must cover per diem expenses when requiring the employee to pay
them would have the effect of bringing the employee below minimum wage for the pay period.
(Minimum wage employees may never be required to pay per diem expenses.)
Q. If the employer does pay per diem and/or mileage to employees, must the employer still pay
for travel time?
A. Yes, the regular travel rules still apply.
Q. Does the employer have to pay travel time when the employer arranges for a company
vehicle to pick up employees and deliver them to the job site?
A. If employees are using such a service for their own convenience and are not required to travel in
the company vehicle, this is still considered normal home-to-work/work-to-home travel. The driver of
the company vehicle is the only person actually performing work and therefore the only employee to
whom travel time pay is due.
Q. May the employer pay a different rate for travel time than for hours
worked at the employee's regular rate?
A. Yes, as long as the employer pays at least minimum wage for all hours worked. If an employer
intends to pay travel time at a rate lower than the regular hourly rate, the employer should clearly
advise employees of the policy in advance.
Q. Do compensable travel hours have to be included when calculating overtime?
A. Yes. Compensable travel hours must be counted for purposes of calculating whether an employee
has performed more than 40 hours of work in a single workweek.
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MEMORANDUM
TO: Susan Ross
FROM: Teresa Rozic
DATE: February 4, 2010
RE: Staff Report for February 8 Work Session - Executive Session
Public Auction
• Date: May 13, 2010
• Inventory - to be discussed at work session
• Staff Recommendation - Minimum Bid - to be discussed at work session
o Recent sales and/or DIAL data on real market value
o Historic practice for non-buildable lots
• Brokers Price Opinion ordered for four properties - to be discussed at
work session
• Staff Recommendation -Terms
o Cash or Cashier's Check
o Installment Contracts - 2 options
■ Equal payments over 10 years
■ Or down payment and second/final payment in 30 days
■ Over $25,000 sales price
■ 20% nonrefundable down payment
■ 5% interest rate (January prime is 3.25%)
• In March, Teresa will hold open houses for two properties - advertise in
local real estate section.
• Present Order to Board at February 24th business meeting
• Begin public notice April 7th
Need Board direction to Staff:
• Approve inventory but give staff authority to remove parcels after internal
review is complete
• Set minimum bids at 80% of Broker's Price Opinion and accept staff
recommendations on balance
• Prepare Order Authorizing Sale on the terms recommended by staff
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