2010-2660-Minutes for Meeting June 07,2010 Recorded 6/16/2010COUNTY
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COMMISSIONERS' JOURNAL
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2010-2660
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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, JUNE 79 2010
Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; and, for a portion of the meeting, Mark Pilliod, County
Counsel; Tom Anderson and Cynthia Smidt, Community Development; Debbie
Legg, Personnel; Larry Huhn, Fire Chief; and four other citizens (Scott Cooper,
Jim Schell, Noah Kirschbaum and Cindy Pasko of the Partnership to End Poverty).
No representatives of the media were in attendance.
Chair Luke opened the meeting at 1: 30 p. m.
1. CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY
SERVICE DISTRICT
Report from the 911 Executive Board regarding governance restructuring
recommendations.
Larry Huhn explained that there is some interest in restructuring how the 911
Executive Board works. The current intergovernmental agreement contains
some information on the day-to-day operations that should be revisited. The
County could take over the day-to-day general operations and personnel issues,
and the interface with user agencies would be overseen by the E-Board. He
believes that the management of 911 needs more stability.
Commissioner Baney stated that there could be a need for the E-Board to at
least remain as an advisory group.
Commissioner Unger expressed concern about what happens when there is a
bond election and it fails. Commissioner Luke asked if there is additional
liability to the County if the County takes over the day-to-day operations. Mark
Pilliod said that he does not think it changes the circumstances. The County
already provides significant assistance. There would remain a clear distinction
and separation.
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 1 of 7 Pages
Dave Kanner explained that over the years, a lot of decisions were forced down
to the line supervisors, who were not equipped to handle this. That is why
many of the policies that should have been redone long ago, but time and
workload did not allow for this.
Mr. Huhn stated that as Fire Chief, this has impacted his work. It is awkward
because most of the E-Board report to city managers and city councils. Most
citizens do not have a lot of first-hand knowledge about how 911 is overseen.
A draft agreement should be done by the June 15 E-Board meeting. The user
agencies do not have to approve it by law, but it would be wise to have the
support of all involved.
The Commissioners asked that this work go forward.
2. Project Connect Insurance.
Erik Kropp explained that the County has been asked to cover the insurance
cost for Project Connect's September event. Basically, no insurance is
available for the event. County would have to put on the event and assume the
risk. If the risk is accepted, they will not be able to manage, insure or transfer
the risk. The self-insurance fund would have to apply. The tort claim limit
would apply and the cap has gone up to $1,067,000. There have been several
cases in Oregon when the tort claim limit did not apply. Exposure is
undetermined at this point. Project Connect is a tri-county program.
Commissioner Luke stated that Representative Whisnant has been contacted to
find out if the State will help out in this regard. No response has been received
at this time.
Scott Cooper stated that they cannot get a quote. They are concerned about the
risk as well. Over 200 events of this type have occurred in various places and
all were covered. He added that most of the participating groups cannot afford
the cost of additional insured.
Commissioner Baney said that this backs the County into a corner. If it is a true
partnership, this is awkward. The County is self-insured. Mr. Kropp said there
is general liability and workers compensation, and the departments are charged
to build these up. There is an excess cost policy for anything over $1 million.
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 2 of 7 Pages
Mr. Kropp said that this is a challenge for all nonprofits. Ms. Pasko stated that
this group is the nonprofits together that are involved in this function. Mr.
Cooper said the mainline insurance companies are refusing to insure, so they
need to approach a self-insured entity for help.
Commissioner Baney asked if an umbrella policy can be obtained. Mr. Cooper
replied that it would greatly reduce the number of participants that would be
able to attend. Jim Schell said they would continue to make a commitment but
need to have an answer quickly.
Commissioner Luke said that if there is an umbrella policy that covers over a
certain amount, the County may be able to help in some way. Mr. Cooper
stated that the underwriters want to know what the County would do first. Mr.
Kropp said that basically it would be a County risk. Mr. Cooper stated that
these events are not happening nationwide, as they should because of the
insurance costs.
Cindy Pasko said that the medical component is already covered by the State.
Other costs are not covered by the State. Commissioner Baney stated that now
that it has come to the County, it is awkward because the County is being asked
to bear this burden, but it involves County funds that belong to all citizens. The
County does a lot for nonprofits, and is supportive of what they do.
Mr. Cooper appreciates that this is a difficult situation, and the legislature may
become involved to come up with a good solution, but it is down to the wire
and nothing better has come about.
Mr. Kropp stated that if the nonprofits have insurance and add the County as
insured, the cost goes down dramatically. Ms. Pasko said that if they declare
the event, they may not be able to add the County. Mr. Kanner stated that not
all claims have a limit. The real concern is bringing together kids, animals,
people with substance abuse issues, and others. There is exposure from all
kinds of things in this type of event.
Ms. Pasko stated that the percentages are no greater than in the general public.
All guests sign a release of liability. Nationally, juries can go either way. The
volunteers sign releases as well. There is some backup available. There is
professional security and at least ten mental health professionals and trained
personnel present.
Commissioner Unger said that he wants the County to be supportive. He feels
that the County can stand with them and go to the legislature. He wants the
County to take this risk. There has not been a problem in the past.
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 3 of 7 Pages
Commissioner Baney said for the record that the Board has been advised not to
go this direction. She asked for the group to have the County named additional
insured through their participating nonprofits. This will be for one year only;
next year's has to be structured differently.
Commissioner Luke is not supportive, as he feels this leaves the County with
the entire burden, and the other agencies are not helping as they should. He
would like to wait until to July 1 to see if other entities will help.
BANEY: Move that the County assume the liability for the September 18
Project Connect event, and request Project Connect staff secure as
many additional insured policies through the participating nonprofit
agencies as possible. Volunteers need to be tied to a specific
nonprofit.
UNGER: Second.
The Commissioners did not vote at this time, in order to allow time to find out
if other entities, such as the cities, will participate in some fashion. This will be
addressed further at the next work session.
3. Draft Policy Updates: Policy BLDG-5: County Facilities Use
Mr. Kropp said that the changes clarify what is currently being practiced,
especially the users who are nonprofit agencies per IRS Code. Political and
religious organizations do not qualify.
BANEY: Mover approval of County Administrator's signature of the policy.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
4. Policy HR-16: Non-Represented Employees Time Management Leave
Program.
Mr. Kropp stated that this change would allow non-represented employees to
sell back up to 80 hours of time management leave a year. Also, if an employee
has sick bank time on the books, they can cash this out at 50% but if this policy
is adopted, it would go into a vault and would have no cash value upon
termination.
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 4 of 7 Pages
BANEY: Mover approval of County Administrator's signature of the policy.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
5. Draft Proposed Policies: BLDG-7: Leasing County Land for
Communications Facilities.
Mr. Kropp stated that this policy clarifies how leases for communications
facilities on County-owned property would be handled. Item #8 will be
excluded from the final draft.
BANEY: Mover approval of County Administrator's signature of the policy,
with item #8 being deleted.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
6. BLDG-8: County Facilities Lease Policy.
Mr. Kropp said this clarifies the long-term lease of County properties, to clarify
current practice.
BANEY: Mover approval of County Administrator's signature of the policy.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes yes.
7. Executive Session, under ORS 192.660(2)(h) - Litigation Update.
Mark Pilliod, Chris Bell and Steve Griffin joined the meeting at this time, for a
litigation update.
The Board went into executive session under ORS 192.660(2(h), Pending or
Threatened Litigation, at 2:55 p.m. The session ended at 3:45 p.m.
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 5 of 7 Pages
8. Other Items.
In regard to Order No. 2010-032, Initiating Review of the Hearings Officer's
Decision on File #CU-10-2 (Applicant: Anderson), discussed at the morning
business meeting, the Board took the following action.
BANEY: Mover approval of Order No 2010-032.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
LUKE: Chair votes no. (Split vote.)
Tom Anderson said that there have been threats of code violation proceedings
against the business at Deschutes Junction. If the business opens and ignores the
code enforcement case, he wants guidance on how to proceed. If that occurred, a
citation would be issued, and after three citations, an injunctive release would be
sought.
Commissioner Luke asked about the current zoning. He thought that the zoning
that was in place for the Funny Farm moved with them across the road.
The color of the building, bright pink, could be triggered by landscape
management zone rules. Usually that would be a part of a land use application.
Mr. Kanner said that a memo on the "Oregon Advantage" from BendBroadband is
being circulated, asking for Board comments before the deadline.
Per Mr. Kanner, the La Pine FQHC has repaid their loan with interest, nearly
$27,000.
Dave Inbody, Ronda Connor and Mr. Kanner are doing site inspections later this
week of some on-site employee health clinics.
Regarding the Bethlehem Inn, it appears that they want to do the fundraising event
now, after giving negative comments to the local newspaper. Commissioner Luke
wants to see their board come to agreement and advise the Board in person of their
plans.
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 6 of 7 Pages
Mr. Kanner stated that the Humane Society of Redmond received a check for about
$83,000 from the Teater trust. They would like to receive the rest of the funds.
There is another trust from Linn County (the S.E. Shultz trust) that may result in
over $200,000 coming to the Humane Society.
Being no further items addressed, the meeting adjourned at 3:55 p. m.
DATED this 7tn Day of June 2010 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, Chair
Alan Unger, Vice Chair
ATTEST: CAU25~u~
Tammy Baney, Commissioner
ti4
Recording Secretary
Minutes of Board of Commissioners' Work Session Monday, June 7, 2010
Page 7 of 7 Pages
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, JUNE 7, 2010
1. Convene as the 911 Service District Governing Body:
Report from the 911 Executive Board regarding governance restructuring
recommendations -Andy Jordan and Larry Huhn
2. Project Connect Insurance -Erik Kropp
3. Draft Policy Updates: Policy BLDG-5: County Facilities Use; Policy HR-16:
Non-Represented Employees Time Management Leave Program - Erik Kropp
4. Draft Proposed Policies: BLDG-7: Leasing County Land for Communications
Facilities; BLDG-8: County Facilities Lease Policy - Erik Kropp
5. Executive Session, under ORS 192.660(2)(h) - Litigation Update - County
Counsel
6. Other Items
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.
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Department of Administrative Services
Dave Kanner, County Administrator
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June 2,
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www. co. deschutes. on us
TO: BOARD OF COMMISSIONERS, ACTING AS THE GOVERNING
BODY OF THE 911 SERVICE DISTRICT
FROM: DAVE KANNER, COUNTY ADMINISTRATOR
RE: GOVERNANCE STRUCTURE CHANGES AT THE 911 CSD
The recent removal of the director of the 911 County Service District has raised
numerous questions - from both the 911 Executive Board and the Board of
Commissioners about the governance structure of the agency and whether the 911
operating agreement, last updated in 2006, needed to be amended.
The Executive Board appointed a subcommittee to look at different structural options for
911. Those options are summarized in the attached matrix. (The pros and cons shown in
the matrix were not intended to be all-inclusive, but merely a starting point for the
conversation.) The E-Board's recommendation is to change the operating agreement to
make the county administrator the chief administrative officer of the district, with the
director reporting to the county administrator rather than the E-Board. The E-Board,
under the proposed revised operating agreement, would become an advisory body.
Deschutes County Code, section 2.05.060(A) states, "The County Administrator shall be
the Chief Administrative Officer of the County and all County service districts, if that
authority is delegated by the governing body of the district." In this case, delegation of
such authority would be accomplished via the execution of the proposed operating
agreement. In essence, the 911 CSD would become a county department, with the
director functioning as a department head rather than an agency administrator. With the
911 CSD already receiving its human resources, finance, IT, legal and other support
services from the County, the district in many respects already functions as a County
department.
Should this change be approved, I do not envision a hands-on, day-to-day role for myself
in the management of 911, but rather a high-level oversight function, working with the
agency and the E-Board on big picture budget, policy and administrative matters, as I do
with other departments. This will necessarily mean filling the director position, or some
form of the director position. (This would fill an existing FTE, not create a new one.)
Should we choose to go this direction, I would work closely with the current interim
director, Andy Jordan on reconfiguring the position to best mesh with the new structure.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
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Date: June 2, 2010
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator/Risk Manager
Re: Project Connect Insurance - June 7 h Work Session
At your June 7t` work session we will be discussing a request for the County to assume liability related to
Project Connect. Project Connect is a community outreach program that reduces barriers for those who
are homeless or at risk of homelessness. At this one day event, real time services are offered to assist
guests in various aspects of their life such as healthcare, legal aid, housing assistance, job opportunities,
benefits enrollment, children's services, mental health services, and more. Staff from the Partnership to
End Poverty has served as the lead agency for Project Connect.
Project Connect has been held at the Deschutes County Fair and Expo Center and this year's event is
scheduled at this location on September 18, 2010. Consistent with all events held at the Fair and Expo
Center, the County requires Project Connect to have general liability insurance and to name the County as
an additional insured.
In previous years, to meet this requirement the Partnership to End Poverty has purchased general liability
coverage through a special event policy. For this year's Project Connect, the Partnership to End Poverty
has been unable to obtain an insurance policy and is asking the County to assume the liability for the
September 2010 event.
Listed below are three options and a short discussion of each:
1. County declines accepting liability for Project Connect: this option protects the County from
liability and ensures that the self-insurance fund remains for its intended purpose: protect County
departments and to pay out claims on behalf of County departments.
County and other organizations jointly provide the liabili coverage for Project Connect:
representatives from several other organizations have contacted the County in support of the
County providing insurance coverage for Project Connect. These representatives have encouraged
the County to provide insurance because of the importance of the event and low probability of a
claim. Staff can approach these organizations and ask if they will join the County in providing
insurance to Project Connect. If these organizations agree, this option would result in
additionally organizations accepting liability and a sharing in the costs of a potential claim.
County covers Project Connect through its self-insurance program for ones ear: since the County
is self-insured for general liability, the County would pay out claims related to Project Connect
from its Risk Management reserves. These reserves are used for both general liability and
worker's compensation claims. A large claim would lower the reserve below the recommended
level as recommended by an actuarial study. To restore the reserves, County departments would
be charged higher rates for insurance. A large claim could fall outside the Oregon Tort Claims
Act limit if a jury determined that this capped amount did not provide a just remedy. The current
cap is $1 million (general aggregate) and will change to $1,066,700 (general aggregate) on July 1,
2010. Also, this option could result in other non-profit agencies asking the County to provide
insurance for events.
Staff recommends option one. Should the County accept liability for Project Connect and end up paying a
claim, County departments would end up paying higher rates for insurance to restore the insurance fund
to cover other claims. Higher insurance rates for departments would result in less funds for direct service.
Additionally, a large claim could completely deplete the Risk Management reserve fund.
If the Board elects option three, it would be imperative to take prudent steps to help mitigate the risks.
This includes possibly purchasing an event policy on behalf of the County (staff is waiting for a price
quote and listing of inclusions and exclusions); requiring organizations participating in Project Connect to
provide a certificate of insurance and name the County as additionally insured; requiring all volunteers to
be associated with an agency and covered by that agency's insurance; and requiring that the medical and
dental providers be covered by their own medical malpractice policy or some other non-County means.
c: Dave Kanner, County Administrator
Deschutes County Commissioners:
RE: Considerations of support for Project Connect
I am writing this letter asking for your support for Project Connect.
My name is Marty Betsch and 2 years ago I was asked to lead the Medical Component of
Project Connect. I actually had no idea what I was getting into and asked several friends
to help me lead this component. We were able to use this as a Disaster Exercise to plan
an implement a medical station, if there were a real disaster. We were Successful with
lots of lessons Learned.
The most important issue was the overwhelming need of citizens of Deschutes County.
Story after Story left us humbled and wanting to know what else could be done.
We set up Dental, Vision, Alternate Care, Immunizations, Mental Health, Foot Care and
Urgent Care. Dental patients had mostly extractions, because that is all that could be
done at this time. Vision patients overwhelmed our capacity and we turned most away.
Alternate care was exhausted, it was apparent that this group of clients were well aware
of the benefits of massage and acupuncture. Foot care was needed for the poor shoes and
nail care and again, not enough to care for what was needed.
It was extremely difficult to get providers because of the liability for them. This year we
were able to get the event to be used as an exercise again and the State of Oregon will
provide liability for medical providers for the day, as long as they sign up for Ser-OR. a
volunteer organization for disasters for the State of Oregon.
The need exceeds what we can provide, but the stories tell it all.
• Four women who saw our Women health area were diagnosed with cancer and
they were able to get into VIM, they could have died
• Young mother with 4 freshly dressed kids all waiting for their hair cuts, shots and
teeth exams.....they live out of their car
• Dental health affects all health and one gentleman came back after having all his
teeth extracted and did get better and was able to find a job
• Diabetes is ever growing and we were able to diagnose and get appointments for
about a dozen patients
• Urgent care took care of several acute cases of asthma, Congestive Heart Failure,
Diabetes, Cancer and we were able to get meds for them
I ask again, that you provide support for Project Connect. I will do my best to get the
providers and care so we can support people in a transition in their lives.
Thank you,
Marty Betsch, RN, BSN
Disaster Coordinator. St. Charles Health Systems
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Date: May 20, 20 10
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator 4;~ole
Re: Policies
At your June 7th work session we will be discussing two new proposed policies and two draft
revised policies. A summary of each policy is below and each policy is attached.
1. Draft update to existing Policy BLDG-5: County Facilities Use Policy - the proposed
draft update better reflects the current practice of allowing nonprofit organizations to use
county facilities. The draft policy exempts public safety facilities, states that County use
and/or government-associated activities have first priority, and defines a "nonprofit
organization" as an organization that is legally incorporated and exempt from federal
income taxes under section 501(c)(3) of the Internal Revenue Code. Political and
religious organizations do not fall under the Internal Revenue Code definition of a
"nonprofit organization" and would not be allowed to use County facilities. Copies of the
existing policy and proposed draft update are attached.
2. New Proposed Draft Policy BLDG-7: Leasing County Land for Communication
Facilities - the proposed new policy would provide County staff guidelines to develop
leases for County land to host communication facilities. The policy states that the lease
will be at market value or less if there is an off-setting benefit to the County (such as a
direct benefit to the Sheriff's Office communication system). All leases shall be approved
by the Board of County Commissioners. A copy of the new proposed draft policy is
attached.
3. New Proposed Draft Policy BLDG-8: County Facilities Leasing Policy - the proposed
new policy would provide County staff guidelines for leasing County facilities. This
includes leases at fair market value or highest bidder and leases below market value for
other government entities and non-profit organizations that serve the same client base as
a County department or program. All leases shall be approved by the Board of County
Commissioners. A copy of the new proposed draft policy is attached.
4. Draft Update to Time Management Program. Policy No. 94-12-01 (old format)
would be replaced with Policy HR-16: Non-Represented Employees Time
Management Leave Program (new format) - the draft changes increase the number of
time management leave hours eligible to be sold from 40 to 80; changes existing sick
leave banks to sick leave vaults preserving the payout (half the hours) of these hours
upon termination; and doesn't allow newly created sick leave banks to be paid out. This
would grandfather in existing sick banks that have a payout upon termination, but doesn't
allow this practice moving forward. The purpose of this change is to decrease this
liability to the county. This policy only applies to non-represented positions. The existing
policy and new proposed updated policy are both attached.
Please contact me if you would like to discuss any of these policies before the June 7`h work
session.