2011-2-Minutes for Meeting December 08,2010 Recorded 1/3/2011DESCHUTES COUNTY OFFICIAL RECORDS rf
NANCY BLANKENSHIP, COUNTY CLERK Q
COMMISSIONERS' JOURNAL 01/03/201108:19:22 AM
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2011-2
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, DECEMBER 8, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; Mark Pilliod and Chris Bell, County Counsel; Tom
Anderson, Nick Lelack and Paul Blikstad; Debbie Legg, Personnel; David Givans,
Internal Auditor; and about twenty other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
Cadets of the Oregon Youth Challenge attended the meeting, and Chair Luke
asked them to identify themselves and where they are from. The Board
congratulated them on their hard work to complete the course, which is
difficult. The Cadets have helped with Special Olympics, reforestation
programs, cleaning up parks, working with elementary school students
(SMART program), and other community activities on top of their studies and
chores at the facility. The Cadets explained what their future plans are, either in
the military, completing high school or going on to college.
Commissioner Luke pointed out that this is a voluntary program, and it takes
courage and commitment to stay with it.
At Chair Luke's request, Nick Lelack gave an overview of how his Department
sets goals and gets its work done, and how the Department works with other
entities and the public.
Commissioner Luke presented Paul Blikstad and Nick Lelack with orange
flamingos, as a result of the Oregon State vs. the University of Oregon game
held the previous week. (U of O was the victor.)
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 1 of 8 Pages
2. Before the Board was Consideration of Signature of Document Nos. 2010-
716 and 2010-717, Deeds of Dedication for a New Road Approved under
Application No. RD-06-3 (Bill Martin Road).
Paul Blikstad gave a brief overview of the item, which concerns a new road that
primarily serves Tumalo Irrigating District property near Laidlaw Butte. The
County also owns a parcel in the same area, necessitating two deeds. The
primary access is via Tumalo Reservoir Road. There was some opposition to
the original partition, but not the road dedications. There will be the potential
of ten additional dwellings in the area.
Sharon Smith, an attorney representing Tumalo Irrigation District, said that Bill
Martin was a TID board member who passed away recently.
BANEY: Move approval of the deeds of dedication.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of First Reading of Ordinance No.
2010-033, Amending Code in regard to Contractor Insurance
Indemnification.
Mark Pilliod explained that the contracts used by the County contain standard
language. In some cases, contractors will come to the County with their own
forms, and to expedite the process, sometimes those forms are used. However,
County Code is referenced in these cases. The Code does not include an
indemnification clause, so this will serve to change Code to include these
provisions.
The second reading will be scheduled as soon as possible after two weeks,
probably on December 27 or 29.
BANEY: Move first reading of Ordinance No. 2010-033.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 2 of 8 Pages
4. Before the Board was Consideration of Public Comments and
Consideration of Approval of Document No. 2010-718, a Collective
Bargaining Agreement with the Deschutes County District Attorneys
Association.
Dave Kanner said that there is a misconception that the Board encouraged the
creation of this bargaining unit. The Deputy District Attorneys went through
the proper process on their own and voted to create it by a vote of 10 to 5. It is
illegal for the County to decline to bargain in good faith with them, and the
County cannot interfere with the formation or operation of a bargaining unit.
This is an unusual situation in that the Deputy D.A.'s historically are non-
represented in the County. They are State officials but are paid by the County,
so therefore are County employees. Some aspects of the definition of employer
apply to both the County and to the State. There are mandatory subjects of
bargaining, which are provided by the County, such as pay, vacation and sick
time, and so on.
The negotiations were unusual in his experience in that the employee unit
indicated there was only one main issue that mattered to them, and that was just
cause for termination. The resulting proposal included a broad just cause
provision.
Mark Pilliod clarified that `just cause' means that discharge has to be based on
a good reason, which is performance, compliance with laws and County
policies, and so on. Typically the just cause provision is not the only thing of
interest in a union agreement. The Association wanted to make sure there was
also a review of the process and how it is applied. Normally, this would
involve a third party. The just cause provision was coupled with a third party
review.
Mr. Kanner stated that in the proposed agreement, there is no guarantee of an
increase in pay, vacation time or benefits. The grievance procedure allows for a
reference judge to make that decision if agreement can not be reached.
Ron Boozell, a Bend resident, said that he supports the need for District
Attorney-elect Patrick Flaherty to select a staff of his own to be able to fulfill
the promises he made while running for office.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 3 of 8 Pages
Brian Fish said that he had several concerns. The primary job of the D.A. is to
decide which cases to prosecute and how to do that. Much of that is done in a
courtroom.
Chair Luke said that the cases come first to the D.A.'s office, where a decision
is made whether it should go to a grand jury. Much of the work is actually done
outside of the courtroom.
Mr. Fish asked whether the views and ethics of whoever is presenting a case to
the Grand Jury are important. Chair Luke said that the D.A. and all attorneys
are subject to the laws of the State. The Deputy D.A.'s are an extension of the
D.A., and are to carry out the policies of the District Attorney, following the
law.
Mr. Fish said it makes it hard to prove just cause since the Grand Jury cases are
not recorded. Chair Luke stated that this kind of work does not happen in a
vacuum, and there are citizens there who monitor and know what is going on.
Mr. Kanner said under Oregon statute, liabilities of actions taken by the D.A.
are subject to review by the State.
Mr. Fish feels that there is a huge possibility of lawsuits if the proposal is
adopted. He wanted to know why just cause was included in the negotiations,
as he feels that under Article 3, Distribution of Powers in the judicial branch,
powers are to be divided. Mr. Kanner said this office is part of the executive
branch, not the judicial.
Mr. Fish asked about the time frame of these negotiations. Chair Luke stated
that the Association already voted and approved the contract. Any changes
would mean the negotiations would have to be reopened. This might be an
issue given the time frame allowed for approval, and could end up in binding
arbitration, which often favors the bargaining unit.
Erik Kropp said that the negotiations were noticed and open to the public, and
some media was present.
Mr. Fish asked if the Board feels that this takes away power from the elected
District Attorney. Commissioner Baney replied that the Board is here to take
citizen comments, and not to testify or give opinions.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 4 of 8 Pages
Chair Luke said that there are a lot of constraints and a variety of ways that
dismissal from employment can happen. Mr. Fish asked if the Deputy D.A.'s
are immune from State law and cannot be investigated. Mr. Kanner replied that
he has never heard of that.
Commissioner Unger said that the Board has to look at the broader picture,
including other State laws relating to bargaining units. Negotiations and
discussions have taken place and the risks have been evaluated. The contract
has the County's best interest in mind, and Mr. Flaherty and others have been
invited to fully participate.
Chair Luke said that the Deputy D.A.'s have the ability to go to binding
arbitration. If the County does not agree to the contract, it will go to arbitration,
and arbitration usually favors the union. The Deputy D.A.'s bargained in good
faith with the County. The contract is not perfect for either side, but serves to
get to ground that everyone can live with. He feels they would like to have
more and so would the County.
Commissioner Unger stated that there are a lot of different opinions out there.
Perhaps at some point the judicial system can clarify some of the language that
is in State law that is unclear.
Mr. Pilliod stated that termination of at will employees has been appealed in the
courts. There are provisions in State law that appear to support the D.A.
appointing the Deputy D.A.'s, and perhaps to discharge them as well. The
language is somewhat unclear. There are also provisions in State law that
require bargaining in good faith. You have to look at not just one statute but all
laws that relate to public employers and employees, and that includes not just
compensation levels but other terms and conditions of employment. This
would include provisions regarding `just cause'. You cannot look at just one
statute, but have to consider the ramifications of all that relate to the situation.
Mr. Fish said it seems to him that the `just cause' provision does not seem
proper and does not seem to reflects the voice of the public.
Mr. Boozell stated that he and others voted with the understanding that they are
voting for the person and the office, and the person needs to be able to trust his
staff.
Consideration of approval of the contract will occur the afternoon of December 15,
2010, at about 2:30 p.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 5 of 8 Pages
Before the Board was Consideration of Approval of the Consent Agenda.
UNGER: Move approval of the consent agenda.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Consent Agenda Items:
5. Signature of a Letter Accepting the Resignation of David Ogden from the
Deschutes River Recreation Homesites Special Road District #1 Board
6. Signature of a Letter Appointing Karen Newcomb to the Deschutes River
Recreation Homesites Special Road District #1 Board, through December 31,
2011
7. Signature of a Letter Reappointing Albert Bauer to the Newberry Estates
Special Road District Board, through December 31, 2013
8. Approval of Minutes:
• Work Sessions of November 29 and December 1
• Business Meetings of November 22, 29 and December 1
CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 911 County Service District in the Amount of
$2,995.01.
BANEY: Move approval, subject to review.
UNGER: Yes.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 6 of 8 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $1,621.10.
BANEY: Move approval, subject to review.
UNGER: Yes.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: 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 $991,297.27.
BANEY: Move approval, subject to review.
UNGER: Yes.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
12. ADDITIONS TO THE AGENDA
None was offered.
Being no further items addressed, the meeting adjourned at 11:35 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 7 of 8 Pages
DATED this
Deschutes County
ATTEST:
L~~ 2010 for the
zU - Day of Dp,
Board of Commissioners.
Recording Secretary
De nis R. Luke, Chair
6164- ( LA'tj=
Alan Unger, Vice Chair
Tammy Baney, Comm sioner
Minutes of Board of Commissioners' Business Meeting Wednesday, December 8, 2010
Page 8 of 8 Pages
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Submitting written documents as part of testimony? F]Yes ONo
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REQUEST TO SPEAK
Agenda Item of Interest:- A Ce~{iy~w'~ •G Date: lv
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, DECEMBER 8, 2010
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION of Signature of Document Nos. 2010-716 and 2010-717,
Deeds of Dedication for a New Road Approved under Application No. RD-06-3
(Bill Martin Road) - Paul Blikstad, Community Development
Suggested Motion: Move approval of Documents No. 2010-716 and No. 2010-
717.
3. CONSIDERATION of First Reading of Ordinance No. 2010-033, Amending
Code in regard to Contractor Insurance Indemnification - Mark Pilliod, County
Counsel
Suggested Motion: Move first reading of Ordinance No. 2010-033, by title only.
4. PUBLIC COMMENTS and Consideration of Approval of Document No.
2010-718, a Collective Bargaining Agreement with the Deschutes County
District Attorneys Association - Dave Kanner, County Administrator
Suggested Motions: As determined.
Board of Commissioners' Business Meeting Agenda Wednesday, December 8, 2010
Page 1 of 6 Pages
CONSENT AGENDA
5. Signature of a Letter Accepting the Resignation of David Ogden from the
Deschutes River Recreation Homesites Special Road District #1 Board
6. Signature of a Letter Appointing Karen Newcomb to the Deschutes River
Recreation Homesites Special Road District #1 Board, through December 31,
2011
7. Signature of a Letter Reappointing Albert Bauer to the Newberry Estates
Special Road District Board, through December 31, 2013
8. Approval of Minutes:
. Work Sessions of November 29 and December 1
• Business Meetings of November 22, 29 and December 1
CONVENE AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE
DISTRICT
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 911 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
12. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Wednesday, December 8, 2010
Page 2 of 6 Pages
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.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Monday, December 6
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 8
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 15
10:00 a.m. Oregon Youth Challenge Graduation Ceremony - Fairgrounds
2:30 p.m. Administrative Work Session - could include executive session(s) - note later time
4:00 p.m. Open House/Retirement for Commissioner Dennis Luke - at County
Monday, December 20
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Tuesday, December 21
1:00 P.M. Children & Families Commission Interviews
Wednesday, December 22
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Friday, December 24
Most County offices will be closed to observe Christmas
Board of Commissioners' Business Meeting Agenda Wednesday, December 8, 2010
Page 3 of 6 Pages
Monday, December 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 29
10:00 a.m. Board of Commissioners' Meeting (tentative)
1:30 p.m. Administrative Work Session - could include executive session(s) (tentative)
Friday, December 31
Most County offices will be closed to observe New Years Day
Monday, January 3
8:00 a.m. Swearing in of Newly Elected/Re-elected Officials
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council)
Wednesday, January 5
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, January 6
8:00 a.m. Joint Meeting with Sisters City Council - Sisters City Hall
1:30 p.m. Budget Committee Overview and Update
Wednesday, January 12
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, January 13
7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers
Board of Commissioners' Business Meeting Agenda Wednesday, December 8, 2010
Page 4 of 6 Pages
Monday, January 17
Most County offices will be closed to observe Martin Luther King, Jr. Day
Wednesday, January 19
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, January 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, January 26
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, January 31
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include, executive session(s)
Wednesday, February 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include; executive session(s)
Monday, February 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include; executive session(s)
3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council)
Wednesday, February 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include; executive session(s)
Wednesday, February 16
1:30 p.m. Administrative Work Session - could include; executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, December 8, 2010
Page 5 of 6 Pages
Monday, January 17
Most County offices will be closed to observe Presidents' Day
Wednesday, February 23
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 28
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, March 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council)
Wednesday, March 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 10
7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers
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.
Board of Commissioners' Business Meeting Agenda Wednesday, December 8, 2010
Page 6 of 6 Pages