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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
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, FEBRUARY 10, 2016
Commissioners'Hearing Room-Administration Building- 1300 NW Wall St.,Bend
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; Dave Doyle and John Laherty, County Counsel; Peter
Russell and Anthony Raguine, Community Development; Chris Doty and George
Kolb, Road Department; and seven other citizens. No representatives of the media
were in attendance.
1. CALL TO ORDER
Chair Alan Unger called the meeting to order at 10:00 a.m.
2. PLEDGE OF ALLEGIANCE
3. CITIZEN INPUT
None was offered.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 1 of 9
Before the Board was Consideration of Approval of the Consent Agenda.
BANEY: Move approval of the Consent Agenda, excluding the minutes,
which she has not had a chance to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Consent Agenda Items
4. Board Signature of Order No. 2016-008, Authorizing the Disposal of Surplus
Vehicles (Sheriff's Office)
5. Board Signature of Document No. 2015-692, an Agreement between
PacificSource and Deschutes County regarding Mental Health Services
6. Board Signature of Resolution No. 2016-004, Appropriating a New Grant in the
Health Services Fund
7. Board Signature of Resolution No. 2016-002, Transferring Appropriations in
the Road Fund
8. Board Signature of Resolution No. 2016-003, Transferring Appropriations from
the General Fund Contingency to Capital Outlay in the Campus Improvement
Fund
9. Board Signature of Minutes:
• Work Session: February 3, 2016
• Business Meetings: February 3, 2016
• Board/Administration Annual Retreat: January 22, 2016
ACTION ITEMS
10. Before the Board was Consideration of Second Reading by Title Only, and
Adoption of Ordinance No. 2016-007, Amending the Comprehensive Plan
to Add an Exception to Statewide Planning Goal 11, to Allow for Sewers in
Unincorporated Lands in Southern Deschutes County.
Commissioner DeBone said they have been and continue to work with citizens,
the DEQ and others to maintain the good water now in the area. He thanked
the citizens for their long-term commitment to addressing this issue, while
raising good questions; and staff for their hard work over the years.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 2 of 9
Commissioner Baney noted that it has been a long journey, and thanked staff
for working through it. She said that this is one more tool for the toolbox for
citizens to do what they feel is right for their community.
DEBONE: Move second reading by title only of Ordinance No. 2016-007.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the second reading of the Ordinance, by title only.
BANEY: Move adoption of Ordinance No. 2016-007.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
11. Before the Board was a Hearing on the Community Development
Department Director's Report regarding Abatement of a Dangerous
Building, and Consideration of Board Signature of Order No. 2016-009.
Chair Unger opened the hearing. John Laherty provided an overview of the
issue, which does not often come before the Board. The County needed to
abate a dangerous building situation and can recuperate the costs of same. The
costs are to be charged to the property owner.
Move approval of the Community Development Department Director's
abatement report and recommendation that the costs be collected in this
manner.
Commissioner Baney asked if the property owner was involved in a hardship
situation. Mr. Laherty said the property owner could present his case today if
desired. Notice was sent to the property owner and was published per law. He
has not attempted to contact the County but the owner did receive notice, per
his attorney.
No public testimony was offered.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 3 of 9
BANEY: Move approval of staff recommendation and signature of Order
No. 2016-009.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE DESCHUTES COUNTY CONTRACT REVIEW
BOARD
12. Before the Board was a Public Hearing on a Bid Protest from JAL
Construction regarding a Notice of Intent to Award Contract for the
Powell Butte Roundabout Project.
Chair Unger opened the public hearing. Chris Doty gave an overview of the
project and the bid process through a staff report. The bid from JAL
Construction was felt to be non-responsive since not all documents were
submitted. He explained a typical bid process, what documents are required
from all bidders, and details on this particular bid.
There is a mandatory pre-bid meeting to include all potential bidders to get
everyone on the same page and to be clear about who needs to be kept informed
of any changes or to clarify any issues. This helps to get the same information
v ne equally.toe eryo equ 11y. An addendum was included and was required to be in
the bid documents, signed and dated. It provided clarifying information,
adjusted quantities and other details, and is an important part of the bid
package. It is imperative that all bidders make it clear that they know this is
part of the package to be submitted. Addendum #1 was issued two days after
the pre-bid meeting, listing 25 key points for clarification and changes to the
original bid. It is a complex project.
JAL did not submit a written acknowledgment of this addendum, which is an
irregularity and considered non-responsive. Staff can set aside some minor
irregularities but not in regard to key documents. JAL did submit one revised
bid sheet that accounts for pricing and unit quantities. They accounted for the
revised bid sheet but did not return the addendum with the signature of the
bidder as required.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 4 of 9
In order to consider this bid as responsive, staff would have to speculate that
they accepted the entire bid document and not just portions of it. They did not
acknowledge the 25 different points and they may have assumed that they did
so, based on a few submissions addressing a few of the 25 points. This violates
the integrity of the bid process that is meant to be equal to all.
There are a few other legal elements in this determination. There is an item
within the standards of specifications if not all addendums are acknowledged.
ORS says that addenda are the only mechanism to make changes, and
acknowledgement by signature and date is required.
These are the reasons staff felt they should go with the second bidder.
Tyler Storti, attorney for JAL, said he had several points to make. The protest
includes other things that were not addressed in the staff report. Competitive
bidding statute is meant to promote fairness, as well as keeping costs as low as
possible for the taxpayers. Every effort is supposed to be made to obtain the
lowest cost. ORS 279(c).375 says they shall award to the lowest responsible
bidder. He feels the bid was responsive and responsible.
The bid documents had certain requirements, and nowhere in the original bid
documents does it say that addenda need to be signed in the future. It says they
are to use all required forms. There were multi-pages in the bid document
which JAL completed, and the bid documents were submitted as required.
The only additional requirement, section 18(a), the notice of intent to award,
refers to returning the bid form. Contract documents are referred to as
documents that are `bound herewith', which did not include addendum 1. The
only thing he can think of is that at the bidder acknowledges receipt of
addendum 1, and it is indisputable that JAL did receive this since one page was
replaced, 53A, which JAL returned. So, therefore, it was acknowledged by the
properly filled out bid form even if they did not receive the acknowledged
addendum.
He feels it is mandatory to award this contract to JAL because they had the
lowest bid, as a matter of law. Several other things in Oregon law and the bid
forms require this, even if something was slightly irregular.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 5 of 9
Section 16 of the instructions includes `failure of any bidder to receive such
addendum or interpretation shall not relieve such bidder from any obligation
under his bid as submitted. All addenda so issued are to be covered in the bid
for such addenda to become part of the agreement'. He feels this says that if
you don't get the addenda, you are not relieved of the requirement to comply
with it. This is saying it is the bidder's problem, not the County's.
Even more persuasive is 18(h) that deals with missing pages. It says some
pages can be missing but shall be deemed as incorporated in the bid anyway.
Even if this addendum was required, it is mandatory for the County to conclude
that the missing pages are included.
Their bid was fully compliant and they had the lowest price. This could be
implied as incorporated by reference. OAR 137.049 gives discretion to accept
minor informalities, and he believes this includes failure of acknowledgment of
an addendum when it is clear that they intend to be bound by it. The County
has discretion under Rule to overlook this.
There is a reference in staff/s report to ODOT standard specifications applicable
to work on the project. It does not refer to the bid paperwork but the actual
work. Standard specs on bidding would be inconsistent regarding this.
Staff's report dated February 3 refers to OAR 137-47, goods and services. He
believes that OAR 137-49 applies to this. It is a matter of fairness to bidders,
following the law and trying to get the lowest price.
Mike Levesque, one of the owners of JAL Construction, was seated with Mr.
Storti, but said he had nothing to add.
Ian Woodford of Shamrock NW Construction said that there are multiple
circumstances that set precedence in Oregon and relate to being non-responsive.
He has also had this happen to him. JAL is a good company. But the addendum
clearly states in bold, capital letters that it is required to be signed and submitted.
There is a lot of information that is acknowledged by this addendum.
Deschutes County clearly follows ODOT's requirements. The argument that
ODOT specs do not pertain to this document is incorrect. The main thing he
would say is that the County has to preserve the integrity of its bid process.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 6 of 9
All other bidders submitted this document, so it was very clear. The savings to
the taxpayers on this big project is $3,000, not large enough to ruin the integrity
of the bid process.
Chair Unger said that there has been no written information submitted today, so
he asked the Board if it is ready for a decision. Commissioner Baney stated that
she appreciates the comments made. These companies are both good partners.
The integrity of the bid process is critical to contracting regardless of the
amount. This form was clearly required and not one that might be considered
as being okay being left out.
Commissioner DeBone agreed. They cannot make assumptions on all the
different parts and pieces, and if it is not signed, much of the detail would be
left open-ended and could cause problems later. Chair Unger said all bidders
returned the addendum. JAL has been in business for a long time and knows
the process.
BANEY: Move denial of the protest and that the appropriate documents be
prepared in this regard.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$23,766.89.
BANEY: Move approval, subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 7 of 9
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District.
There were no expenses for this District.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of$818,323.41.
Tom Anderson noted that the remodel at 1340 NW Wall Street is moving along
well, and this amount includes a payment to the contractor.
BANEY: Move approval,
subject to review.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
16. OTHER ITEMS
Before the Board was Consideration of Whether to Hear Appeals of
Decisions on the KCDG/TID Reservoirs and Ski Lake Project (Order No.
2016-010).
This issue was continued for discussion at the Board work session on February 8,
due to time restraints then. Anthony Raguine said the Board was given options
on whether to hear or not to hear the appeals. He noted that Tim Ramis
submitted a sheet to speak today, but another person was told that the public was
not allowed to speak during this process.
Chair Unger indicated testimony is at the discretion of the Board but needs to be
fair, and it was not recognized that speakers would be allowed to testify. David
Doyle said allowing testimony could be a procedural problem since it is not a
contested, adversarial matter.
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 8 of 9
Commissioner DeBone feels he does not want to hear these appeals.
Commissioner Baney said it is rare for them to deny hearing an appeal.
However, after reviewing the documents further, she feels the information in the
record is clear and she would rather not hear this. This issue will probably go to
a higher body, but is up to the applicants on what they wish to do next.
Chair Unger said this was not a typical issue, and he has some concerns with the
Hearings Officer's decision on some points. He is concerned about statements
made regarding characteristics of wildlife, ponds and recreation. He feels the
applicants should continue forward with whatever process they choose.
BANEY: Move signature of Order No. 2016-010, declining review of the
appeals.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
17. ADJOURN
Being no further discussion, the meeting was adjourned at 10:55 a.m.
DATED this # Day of . ,h2 Cti ,- 2016 for the
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Deschutes County Board of Commissioners. Q
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Alan Unger, Chair
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Tammy Baney, V c Chair
ATTEST: al20
(FMI/t/I't Anthony DeBone, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, February 10, 2016
Page 9 of 9
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In Favor Neutral/Undecided Opposed
Submitting written documents as part of testimony? Y.Yes No
If so, please give a copy to the Recording Secretary for the record.
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1" 1300 NW Wall St., Bend, OR 97703-1960
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BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, FEBRUARY 10, 2016
Commissioners'hearing Room -Administration Building - 1300 NW Wall St., Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects
anticipated to be considered or discussed at the meeting. This notice does not limit
the ability of the Board to address additional subjects. Meetings are subject to
cancellation without notice. This meeting is open to the public and interested
citizens are invited to attend. Business Meetings are usually recorded on video
and audio, and can be viewed by the public live or at a later date; and written
minutes are taken for the record.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. 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. Please
complete a sign-up card (provided), and give the card to the Recording
Secretary. Use the microphone and clearly state your name when the Board
Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters
that are or have been the subject of a public hearing not being conducted as a
part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents,photographs or
other printed matter as part of your testimony during a public hearing, please
be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 1 of 9
CONSENT AGENDA
4. Board Signature of Order No. 201.6-008, Authorizing the Disposal of Surplus
Vehicles (Sheriff's Office)
5. Board Signature of Document No. 2015-692, an Agreement between.
PacificSource and Deschutes County regarding Mental Health Services
6. Board Signature of Resolution No. 2016-004, Appropriating a New Grant in
the Health Services Fund
7. Board Signature of Resolution No. 201.6-002, Transferring Appropriations in
the Road Fund
8. Board Signature of Resolution No. 2016-003, Transferring Appropriations
from the General Fund Contingency to Capital Outlay in the Campus
Improvement Fund
9. Board Signature of Minutes:
• Work Session: February 3, 2016
• Business Meetings: February 3, 2016
• Board/Administration Annual Retreat: January 22, 2016
ACTION ITEMS
10. CONSIDERATION of Second Reading by Title Only, and Adoption of
Ordinance No. 2016-007, Amending the Comprehensive Plan to Add an
Exception to Statewide Planning Goal 11, to Allow for Sewers in
Unincorporated Lands in Southern Deschutes County —Peter Russell,
Community Development
Suggested Actions: Move second reading by title only; move adoption of
Ordinance No. 2016-007.
11.A HEARING on the Community Development Department Director's Report
regarding Abatement of a Dangerous Building, and Consideration of Board
Signature of Order No. 2016-009 —John Laherty, County Counsel
Suggested Actions: Open hearing; take testimony; move Board signature of
Order No. 2016-009.
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 2 of 9
CONVENE AS THE DESCHUTES COUNTY CONTRACT REVIEW
BOARD
12. A PUBLIC HEARING on a Bid Protest from JAL Construction regarding a
Notice of Intent to Award Contract for the Powell Butte Roundabout Project
Suggested Actions: Open hearing; take testimony; deliberate and make a
decision.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H
COUNTY SERVICE DISTRICT
14. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
15. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
16. OTHER ITEMS
These can be any items not included on the agenda that the Commissioners
wish to discuss as part of the meeting, pursuant to ORS 192.640.
At any time during the 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), litigation; ORS 192.660(2)(d), labor negotiations; ORS
192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and
under specific guidelines, are open to the media.
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 3 of 9
17. ADJOURN
To watch this meeting on line, go to:
http://www.deschutes.org/bcdpage/board-meetina-videos
Please note that the video will not show up until recording begins.
You can also view past meetings on video by selecting the date shown on the website calendar.
{ ) Deschutes County encourages persons with disabilities to participate in all programs and
® activities. To request this information in an alternate format please call (541)617-4747, or
email ken.harms @deschutes.org.
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, February 8
1:30 p.m. Administrative Work Session—could include executive session(s)
Wednesday, February 10
10:00 a.m. Board of Commissioners' Business Meeting
Monday, February 15.
Most County offices will be closed to observe Presidents'Day
Tuesday, February 16
10:00 a.m. 911 User Board Meeting, at 911
3:00 p.m. Adult Corrections/Parole & Probation Department Update—Unger Building,
Redmond
Wednesday, February 17
10:00 a.m. Board of Commissioners' Business Meeting (9-1-1 hearing)
Friday, February 19
5:00 p.m. Sisters Chamber of Commerce Event—Five Pine Lodge
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 4 of 8
Monday, February 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, February 23
6:00 p.m. Joint Meeting with Redmond City Council,Redmond City Hall
6:30 p.m. Joint Public Hearing with Redmond City Council on Cell Tower Provisions in the
UH-10 Zone, Redmond City Hall
Wednesday, February 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Monday, February 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, March 1
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, March 2
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session--could include executive session(s)
Monday, March 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Wednesday, March 9
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page5of8
Tuesday, March 15
10:00 a.m. 911 User Board Meeting, at 911
Monday, March 21
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Wednesday, March 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session---could include executive session(s)
Monday, March 28
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Wednesday, March 30
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Monday, April 4
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, April 5
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, April 6
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Thursday, April 7
8:00 a.m. Joint Meeting with the Sisters City Council, at Sisters City Hall
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 6 of 8
Wednesday, April 13
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Monday, April 18
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, April 19
10:00 a.m. 911 User Board Meeting, at 911
Monday, April 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session--could include executive session(s)
Wednesday, April 27
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Monday, May 2
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, May 3
3:30 p.m. Regular Meeting of Public Safety Coordinating Council
Wednesday, May 4
1.0:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, May 10
6:30 p.m. Joint Meeting with Redmond City Council,Redmond City Hall
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 7 of 8
Wednesday, May 11
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Friday, May 13
7:30 p.m. Centennial Theatrical Production—Deschutes Historical Museum
Monday, May 16
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Tuesday, May 17
10:00 a.m. 911 User Board Meeting, at 911
Monday, May 23
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Wednesday, May 25
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session—could include executive session(s)
Monday, May 30
Most County offices will be closed to observe Memorial Day.
Tuesday, May 31 —Friday.,June 3
Budget Week
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541)617-4747, or
email ken.harms@deschutes.org.
Board of Commissioners' Business Meeting Agenda Wednesday, February 10, 2016
Page 8 of 8