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2017-378-Minutes for Meeting May 03,2017 Recorded 7/14/2017Recorded in Deschutes County CJ2017-378 Nancy Blankenship, County Clerk Commissioners' Journal 07/14/2017 4:19:22 PM 1210111311111111111111111111111111 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 977034960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, May 3, 2017 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. No representatives of the media were in attendance. Various citizens were in attendance. CALL TO ORDER: Vice Chair-DeBone called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None was offered. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Baney asked to pull all items for further time to review. Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 1 of 6 1. Approval of Minutes of the April 5, 2017 Business Meeting 2. Approval of Minutes of the April 5, 2017 Work Session 3. Approval of Minutes of the April 11, 2017 Joint Work Session with the City of Bend ACTION ITEMS 4. READING OF PROCLAMATION Recognizing May 2017 as National Historic Preservation Month Matt Martin, Associate Planner, reported the month of May marks a nation-wide effort to celebrate historic preservation programs. There is a coordinated regional effort with a variety of activities throughout the month. The list of scheduled events can be found on www.Deschuteshistorv.org. Commissioner Henderson read the proclamation into the record. BANEY: Move approval HENDERSON: Second The Board commented on the rich history of our county. Mr. Martin noted the kick-off event will be held at the historic structure of the Boys and Girls Club during this First Friday event on May 5, 2017. VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Vice -chair votes yes. Motion carried. 5. PRESENTATION: Government Finance Officers Association Awards for Both the FY 2016 CAFR and the FY 2017 Budget Wayne Lowry, Finance Director/Treasurer, noted the County participates in two government programs for financial reporting and budgeting process. An award presentation was done by Anne Baker, Board of Directors representative of Oregon Government Finance Officers Association. The award for the Comprehensive Annual Financial Report was presented to Jeanine Faria and the Budget Award was presented to Loni Burke. Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 2 of 6 6. PUBLIC HEARING: Protest of Notice of Intent to Award Third Party Administrator Contract Kathleen Hinman, Human Resources Director and Erica Riggs, Davidson Benefits Plan presented the protest of the notice of intent to award the third party administrator contract. EBMS has provided services to Deschutes County since their contract was awarded in 2006. Deschutes County partnered with Davidson Benefits Plan and posted and advertised the recent request for proposals. Eleven responses were reviewed and scored. The Employee Benefits Advisory Committee reviewed and scored the three finalists and recommended PacificSource be awarded the contract. Representatives from both EBMS and PacificSource were present at the hearing. Kevin Larson, president of EBMS thanked the Board for allowing them to present today. Mr. Larson noted this is the first time they have ever argued a decision. He requested the Board review what they have done for Deschutes County as a client and their overall service. He also noted appreciation the position the County is in and encourages clients to go out for request for proposals. Mr. Larson commented EBMS has a proven track record with performance for Deschutes County over the past 10 years and requests the Board to reconsider the decision. Kathleen Hinman commented during the review process, the request was made to the finalists for their last best offer and EBMS last offer was not the most competitive. Commissioner DeBone asked for other testimony and none was offered and closed the public hearing. Commissioner DeBone noted appreciation of the three offers. Commissioner Baney stands by the decision to grant the award to PacificSource. Commissioner Henderson thanked everyone and agreed to stand by the decision. Commissioner DeBone also supported that conclusion. HENDERSON: Move the protest be denied and to award the contract to PacificSource BANEY: Second. VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Vice chair votes yes. Motion carried Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 3 of 6 7. PUBLIC HEARING: Bill Martin Road Hazard Abatement Commissioner DeBone opened the public hearing. Assistant Legal Counsel John Laherty noted this hearing is based on the issue of liability for abatement for emergency hazard. Chris Doty, Public Works Director reviewed the history of the hazard abatement. On February 8, 2017, the Road Department responded to a request from the Deschutes County Sheriff's Office to evaluate a road hazard that had developed on Bill Martin Road west of Tumalo. Bill Martin Road is a local access road and traverses through property owned by Tumalo Irrigation District. Emergency repairs to the road totaled $21,617.71. Staff recommends assigning full liability of abatement to TID. Engineer's estimate for infrastructure costs was $12,600.00 not including emergency response elements. During the road's initial design and construction, the County engineer brought drainage concerns at that specific location to the attention of TID's engineering expert, David Evans and Associates. Representatives from Tumalo Irrigation District were present. Luke Reese, attorney representing TID stated this was a result of a historic event with the conditions of the winter weather and there was no intent by TID to cause this hazard. Mr. Reese commented TID was presently unaware of the communication between the County engineer and David Evans and Associates regarding the need for a culvert in that location. The day before the sinkhole appeared TID assessed the water build-up on the road and had intentions of installing a culvert. Mr. Reese stated if the County is imposing the reimbursement they would request the noted $12,600 from the engineer's estimate. Assistant County Counsel Laherty noted a fax transmittal dated in 2010 from David Evans and Associates to George Kolb regarding the engineered plans for the road and also a response from Mr. Kolb regarding drainage concerns. Commissioner DeBone closed the public hearing. Discussion held on responsibilities, resident safety, and financial burdens of cost. The Board reviewed options for payment. HENDERSON: Move approval of reimbursement by Tumalo Irrigation District in the amount of $17,100 BANEY: Second VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Vice chair votes yes. Motion carried CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $138,273.18 Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 4 of 6 BANEY: Move approval, subject to review HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Vice chair votes yes. Motion carried CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 9. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District, in the Amount of $70,500.64 BANEY: Move approval, subject to review HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Vice chair votes yes. Motion carried RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $944,273.18 BANEY: Move approval, subject to review HENDERSON: Second County Administrator Anderson noted payments to Lutheran Community Services for crisis intervention, the contract the DOC pharmacy, and a forklift at the Deschutes County fairgrounds. VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Vice chair votes yes. Motion carried Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 5 of 6 OTHER ITEMS: • Jim Holt is a property owner on Bill Martin Road and approached the Board asking for information regarding the property contact person for future emergency road repairs for Bill Martin Road. County Administrator Anderson commented in any emergency situation call 9-1-1 for a determination of the proper response based on the instance. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 12:07 p.m. DATED this / Day of Board of Commissioners. ATTE ecording Secretary Board of Commissioners Business Meeting Agenda 2017 for the Deschutes County Tammy Baney, Chau Anthony DeBone, Vice Chair Philip G. H Pr erso , Commissioner Wednesday, May 3, 2017 Page 6 of 6 fES Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, MAY 3, 2017 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — 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. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. CONSENT AGENDA 1. Approval of Minutes of the April 5, 2017 Business Meeting 2. Approval of Minutes of the April 5, 2017 Work Session 3. Approval of Minutes of the April 11, 2017 Joint Work Session with the City of Bend ACTION ITEMS Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 1 of 3 4. READING OF PROCLAMATION Recognizing May 2017 as National Historic Preservation Month - Matt Martin, Associate Planner 5. PRESENTATION: Government Finance Officers Association Awards for Both the FY 2016 CAFR and the FY 2017 Budget - Wayne Lowry, Finance Director/Treasurer 6. PUBLIC HEARING: Protest of Notice of Intent to Award Third Party Administrator Contract - Kathleen Hinman, Human Resources Director 7. PUBLIC HEARING: Bill Martin Road Hazard Abatement - Chris Doty, Public Works Director CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 8. Consideration of Approval of Weekly Accounts Payable Vouchers CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 9. Consideration of Approval of Weekly Accounts Payable Vouchers RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 10. Consideration of Approval of Weekly Accounts Payable Vouchers 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, May 3, 2017 Page 2 of 3 ADJOURN To watch this meeting on line, go to: www.deschutes.ora/meetinas 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. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.ora/meetinacalendar (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.) Board of Commissioners Business Meeting Agenda Wednesday, May 3, 2017 Page 3 of 3 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of May 3, 2017 DATE: April 28, 2017 FROM: Matt Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: READING OF PROCLAMATION Recognizing May 2017 as National Historic Preservation Month PUBLIC HEARING ON THIS DATE?: No BACKGROUND AND POLICY IMPLICATIONS: Each year, cities and counties nationwide take the month of May to celebrate our shared history and the value of preserving it for the future. In recognition, there are a variety of local events scheduled to highlight historic preservation in throughout Deschutes County. FISCAL IMPLICATIONS: none ATTENDANCE: Matthew Martin RECOMMENDATION & ACTION REQUESTED: Reading of Proclamation recognizing May 2017 as National Historic Preservation Month For Recording Stamp Only BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON PROCLAMATION RECOGNIZING National Historic Preservation Month May 1 -31, 2017 WHEREAS, it is important to celebrate the role of history in our lives and the important contributions that have helped to preserve our heritage, and WHEREAS, historic preservation is an effective tool for economic development, neighborhood revitalization, and fostering local pride and stewardship; and WHEREAS, "This Place Matters" is the theme for Historic Preservation Months, May 2017, co-sponsored locally by the Deschutes County Historic Landmarks Commission, Bend Landmarks Commission, the City of Redmond Landmarks Commission the Deschutes County Historical Society, and the Deschutes Land Trust; and WHEREAS, Deschutes County joins cities and counties across the country in a nationwide celebration of Historic Preservation Month; NOW, THEREFORE, we, the Board of County Commissioners, do proclaim May 2017 as Historic Preservation Month in Deschutes County and encourage all residents to recognize and participate in this month's activities and events. Dated this 3rd day of Mav, 2017 by the Deschutes County Board of Commissioners. Tammy Baney, Chair Anthony DeBone, Vice Chair ATTEST: Philip G. Henderson, Commissioner Recording Secretary -(E o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of Mav 3. 2017 DATE: April 11, 2017 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: Government Finance Officers Association Awards for Both the FY 2016 CAFR and the FY 2017 Budget PUBLIC HEARING ON THIS DATE?: No CONTRACTOR: N/A AGREEMENT TIMEFRAME: N/A: INSURANCE: N/A BACKGROUND AND POLICY IMPLICATIONS: The County participates in two programs sponsored by the Government Finance Officers Association (GFOA). The first is the Certificate of Excellence in Financial Reporting. This program evaluates the annual financial report known as the CAFR against a set of national criteria for governmental financial reporting. The second is the Distinguished Budget Presentation Award. This program evaluates the County's budget document against a set of national criteria that includes content related to budget and financial policies, financial planning, operations and communications. Anne Baker, Accounting Supervisor for the City of Albany and a recent OGFOA past President and the GFOA Oregon Representative is here this morning to present both awards. Anne will present the CAFR award to Jeanine Faria and the Budget award to Loni Burk, both long time members of the County Finance Department FISCAL IMPLICATIONS:Continued participation in these programs enhances our financial reporting and budgeting practices and aids in the maintenance of the County's bond ratings. ATTENDANCE: Wayne Lowry, Finance Director, Jeanine Faria, Accounting Manager, Loni Burk, Budget Analyst, Anne Baker, GFOA Oregon Representative RECOMMENDATION & ACTION REQUESTED: We recommend that the Board of County Commissioners recognize Jeanine Faria, Accounting Manager and Loni Burk, Budget Analyst for their award winning efforts in financial reporting and budgeting for Deschutes County. Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 January 23, 2017 Wayne Lowry Finance Director and County Treasurer Deschutes County 1300 Northwest Wall St, Ste, 200 Bend, OR 97701 Dear Mr. Lowry: A Panel of independent reviewers has completed its examination of your budget document. We are pleased to inform you that the panel has voted to award your budget document the Distinguished Budget Presentation Award for the current fiscal period. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. Enclosed is an application form to facilitate a timely submission. This form should be submitted with four copies of your budget accompanied by the appropriate fee. Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Finance Department Continuing participants will find a certificate and brass medallion enclosed with these results. First-time recipients will receive an award plaque that will be mailed separately and should arrive within eight to ten weeks. Enclosed is a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the camera-ready in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202,393.0780 www.gfoa.org Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 ,x:312.977.4806 Wayne Lowry January 23, 2017 Page 2 The Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to Deschutes County, Oregon for its annual budget for the fiscal year beginning July 1, 2016. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. A press release is enclosed. The Government Finance Officers Association encourages you to make arrangements for a formal presentation of the award. If you would like the award presented by a member of your state or provincial finance officers association, we can provide the name of a contact person for that group. We appreciate your participation in this program and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. The most current list of award recipients (with hyperlinks) can be found on GFOA's website at www.gfoa.org. If we can be of further assistance, please contact the Technical Services Center. Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780 www.gfoa.org Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 January 23, 2017 PRESS RELEASE For Further Information Contact Stephen J. Gauthier (312) 977-9700 Chicago --The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that Deschutes County, Oregon has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as; • a policy document • a financial plan • an operations guide ■ a communications device Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Finance Department For budgets beginning in 2015, 1,565 participants received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a major professional association servicing the needs of nearly 19,000 appointed and elected local, state, and provincial -level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington D.C. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780 www.gfoa.org GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award PRESENTED TO Deschutes County Oregon For the Fiscal Year Beginning July 1, 2016 Executive Director Government Finance Officers Association 20:3 North l.oSallee Stretq, Suite 2700 Chicago, Illinois 60601-1210 312.9 77,9700 /<rx: 312.977.4801; March 17, 2017 Deschutes County Board of County Commissioners Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97703 E v T11 MAR 2 7 2017 BOARD OF COMMISSIONERS ADMINISTRATION Dear Commissioners: We are pleased to notify you that your comprehensive annual financial report (CAFR) for the fiscal year ended 2016 qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. This award has been sent to the submitter as designated on the application, We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement, A sample news release is enclosed to assist with this effort. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Todd Buikema Acting Director, Technical Services Center GOVERNMENT FINANCE OFFICERS ASSOCIATION NEWS RELEASE FOR IMMEDIATE RELEASE 03/17/2017 For more information contact: Todd Buihema, Acting Director/TSC Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: tbuikema@gfoa.org (Chicago, Illinois) --The Certificate of Achievement for Excellence in Financial Reporting has been awarded to Deschutes County by Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management An Award of Financial ' Reporting Achievement has been awarded to the individual(s) or department designated by the government as primarily responsible for preparing the award-winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR, Government Finance Officers Association is a major professional association servicing the needs of nearly 19,000 appointed and elected local, state, and provincial -level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington, D.C. 203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210 Government Finan.ce Officers; Association '203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601- 1210 .312,977,9 700 frx: 312.97 7.4506 March 17, 2017 Wayne Lowry Finance Director and Treasurer Deschutes County PO Box 6005 Bend, OR 97708-6005 Dear Mr. Lowry: We are pleased to notify you that your 2016 fiscal year end comprehensive annual financial report (CAFR) qualifies for GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment. Congratulations for having satisfied the high standards of the program. We hope that your example will encourage others in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. A "Summary of Grading" form and a confidential list of comments and suggestions for possible improvements are enclosed. It is strongly encouraged the recommended improvements be implemented into the next report and the report be submitted to the program within six months of your next fiscal year end. Certificate of Achievement Program policy requires that written responses to the comments and suggestions for improvement accompany the next fiscal years submission. The written responses should provide details about how each item is addressed within this report. These responses will be provided to those Special Review Committee members participating in the review. If a comment is unclear or there appears to be a discrepancy, please contact the Technical Services Center at (312) 977-9700 and ask to speak with a Certificate of Achievement Program in-house reviewer. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. An AFRA is enclosed for the preparer as designated on the application. Continuing participants will find a Certificate and brass medallion enclosed with these results. First-time recipients will find a Certificate enclosed with these results and will receive a plaque in about 10 weeks. You may arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and we hope that appropriate publicity will be given to this notable achievement. A sample news release has been enclosed. A current holder of a Certificate of Achievement may include a reproduction of the Certificate in its immediately subsequent CAFR. A camera-ready copy of your Certificate is enclosed for that purpose. If you reproduce your Certificate in your next report, please refer to the enclosed instructions. A Certificate of Achievement is valid for a period of one year. A Certificate of Achievement Program application is posted on GFOA's website. This application must be completed and accompany your next submission. See sections III and IV of the application for instructions. The entity's GFOA membership number appears on the attached comments and must be listed on the application. Your continued interest in and support of the Certificate of Achievement Program is most appreciated. If we may be of any further assistance, please contact the Technical Services Center at (312) 977-9700. Sincerely, Todd Buikema Acting Director, Technical Services Center 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 AGENDA REOUEST & STAFF REPORT For Board Business Meeting of May 3, 2017 DATE: April 18, 2017 FROM: Kathleen Hinman Personnel / HR 385-3215 TITLE OF AGENDA ITEM: Protest of Notice of Intent to Award Third Party Administrator contract PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County issued a Notice of Intent to Award Third Party Administrator contract on April 11, 2017. On April 12, 2017, EBMS timely submitted a written notice of protest. Thereafter, on April 17, 2017, EBMS submitted its formal protest document. DCC 2.37, ORS Chp 279B, and OAR 137-047 provide the procedures to be followed by the Contracting Agency (Deschutes County). It is important to note that the protest hearing is NOT an adversarial proceeding. No cross-examination is permitted. FISCAL IMPLICATIONS: No direct impact due to protest; costs for TPA are in annual budget. RECOMMENDATION & ACTION REOUESTED: Board convene protest hearing; receive evidence; render timely decison ATTENDANCE: Kathleen Hinman, Personnel/HR DISTRIBUTION OF DOCUMENTS: HR Legal Human Resources Department 1300 NW Wall St., Suite 201 Bend, OR 97703-1960 541-330-4626 fax Memorandum Date: April 28, 2017 To: Board of County Commissioners From: Kathleen Hinman, Human Resources Director RE: STAFF REPORT: Third Party Administrator RFP Protest Background: Deschutes County currently uses EBMS for TPA services. Our TPA processes and determines our medical, dental, and vision claims as defined in our Health Plan document. They also provide services in plan review, contract review, subrogation of claims, and legal compliance. The original contract was awarded to EBMS in August 2006. This was the last time an RFP had been completed for TPA services. Best practice tells us it is time to review this contract. RFP Process: The County partnered with our benefit consultants, Davidson Benefit Planning, to complete the RFP process. Davidson drafted the RFP for County HR staff to review and approve. Davidson posted and advertised the RFP, as well as completed the initial reviewed of the 11 responses. Davidson scored the responses based on 6 categories; Qualifications, Member Experience, Account Management/Services, Claims Handling, Contractual Review and Performance Guarantees, and Financials. Davidson narrowed the responses to three finalist; our incumbent EBMS, PacificSource Health Plans, and UMR a division of United Health Care. The finalists met with the Deschutes County TPA Selection Committee, consisting of HR staff, Risk Manager, Internal Auditor, and members from EBAC. The finalists each had 2 hours to present their qualifications and proposals to the committee. The committee asked follow-up questions and scored each finalist on the same criteria as Davidson. Based on the process, EBAC and HR staff recommends awarding the contract to PacificSource. Cost Consideration: The current contract would renew at $543,318 per year, or $41.50 per employee per month. EBMS proposed a 4% reduction, resulting in $519,752 per year, or $39.70 per employee per month, with an increase each year following. PacificSource proposed a 9% reduction, resulting in $492,259 per year, or $37.60 per employee per month, with a 3 year rate guarantee and a $10,000 wellness credit. UMR proposed a 19% reduction, resulting in $440,546 per year, or $33.65 per employee per month, with an increase each year following, and a $10,000 wellness credit each year. Benefits to PacificSource Health Plan - Transition Considerations: PacificSource Health Plans administers many more local plans than the other finalists. PacificSource's response and presentation provided above average communication and marketing materials, online services, and innovative approaches to plan, cost, data, and member management. PacificSource processes a higher volume of auto adjudicated claims making processing times quicker and reduces possibility of human error when processing claims. The County's Flexible Spending Account plan will auto adjudicate FSA reimbursement requests with the claims side at PacificSource Health Plans. This will result in improved FSA processing for members. PacificSource TPA services will require a change to the County's Preferred Provider Network. The County will change networks and begin using PacificSource's network. Davidson Benefits completed a disruption report to compare networks and it was determined there will not be a loss of providers so impact to members will be low. PacificSource Health Plans is a local business. They started in Springfield Oregon and now have offices around the Pacific Northwest including a local office in Bend. The access for members will improve as our current TPA is located in Montana with the closest office in Portland. Improved customer service was a major consideration in choosing PacificSource. eburs'' April 17, 2017 Board of County Commissioners of Deschutes County Deschutes Service Building 1300 NW Wall Street Bend, OR 97701 In accordance with OAR 137-047-0740, Employee Benefit Management Services, Inc. (EBMS) hereby Protests the Intent to Award Contract 2017-181. Name and Address of Protestor Employee Benefit Management Services, Inc. 2075 Overland Avenue PO Box 21367 Billings, MT 59104-1367 Procedural History and Standing EBMS stipulates as follows: 1) EBMS received a written Notice of Intent to Award Contract 2017-181 on April 11, 2017. [Attached as exhibit A]. 2) On April 12, 2017, EBMS submitted to the Board of County Commissioners of Deschutes County ("Board") written notice of its intention to protest. [Attached as exhibit B]. 3) EBMS is filing this Letter of Protest in a timely manner before the specified deadline of April 17, 2017 at 5:00 P.M. 4) EBMS is a party adversely affected or aggrieved by the intended award of this contract. EBMS sets forth the following facts to establish the nature of how it is adversely affected or aggrieved: • EBMS is the current Third Party Administrator for the Deschutes County benefit plan and has provided administrative services since August 2006. • EBMS administers claims for approximately 3,050 member lives on behalf of Deschutes County. • EBMS provides claims administration services for the medical, dental, vision, COBRA and disease management benefits to Deschutes County employees and eligible dependents. www.ebms.com P 0 Box 21367 Bitlniys. M7 59104 -1367 406 245 3575 800 7'773575 406 652 5380 j by ebms Detailed Statement Describing the Grounds for Protest: Contention #1: Past Performance Evaluation www.ebms.com Po Box 21367 Billings, MT 59104 1367 406 245 3575 800 777 3575 406 652 5380 EBMS has performed at or above internal and industry standards for claims administration services for Deschutes County. We ask that the Board review the following facts carefully as they represent proven success. With Pacific Source, the Board is only offered "proposed success" - with no guarantee. • Claims Experience: o According to Kaiser Family Foundation statistics, self-funded employers have experienced an average increase of 17% in the cost of healthcare claims between 2011 and 2016. o Under EBMS' tenure as the claims administrator, for the past 5 years, the Deschutes County plan experience has outperformed the industry average and has experienced a trend of -1.00% Per Employee Per Month (PEPM) and -1.55% Per Member Per Month (PMPM) in total paid claims cost. [Attached as exhibit C) o For the calendar year 2016, the Deschutes County health plan saved 44% off of billed charges. It is important to emphasize that these numbers are not PPO projections or analysis (i.e. a percentage of unknown numbers). This measurement is based on the impact to Deschutes County's health plan checkbook and represents actual results for 2016. • Financial: o EBMS holds itself to the highest standard of accuracy when processing claims. We stringently manage our claims processing quality because we understand how important the County's assets are. When managing a plan that has paid out an average of almost $15,000,000 per year, we know that even a minimal increase in the error rate can have significant financial impact to a plan. A reduction in financial quality of as little as .5% can result in an annual loss of $74,000 or more to Deschutes County. • The industry standard for financial accuracy is 99%. For 2016, EBMS outperformed industry standards with a financial accuracy of 99.97% • The industry standard for procedural and payment accuracy is 98.0%. EBMS outperformed both metrics for Deschutes County at 99.03% each. • Plan Management. ebms www.ebms.eom P o Box 21367 Billings, MT 59104 1367 406 245 5575 800.777 3575 406 652 5380 o While a PPO network is a key component in managing claims cost, it does not effectively manage high dollar facility claims cost, this is due to the lack of control over hospital billed charges. EBMS has implemented programs to review and negotiate additional savings for our clients. In 2016, EBMS saved the Deschutes County plan an additional $95,000 that would not have been realized under a PPO alone. Outside of the PPO savings, EBMS claims management processes saved Deschutes County Over 30% off of billed charges for 2016. • Service Metrics o EBMS provides Deschutes County members with quality customer service. In 2016, EBMS supported 8,079 inquiries. EBMS' average speed of answer was only 18 seconds. The management of our service team provides staffing to respond quickly to member calls. This resulted in an "abandon rate" (rate of callers hanging up before they are connected) of only 0.95%. The remaining 99.05% of callers connected with a representative and received quality customer service. Quality review audits show that 99.13% of calls were resolved with one call to the service team, and EBMS' quality score was 98.79%. • Performance Guarantee: o EBMS agreed to put a percentage of our administrative fees at risk and created a custom performance guarantee for Deschutes County covering the following areas: Claims Processing, Financial Accuracy, Customer Service, Account Management, and System Transition. EBMS is confident in our ability to manage costs. We are also willing to offer a Trend Management Guarantee, putting 25% of our administrative fee at risk if the Net Claims Per Member Per Month trend cost exceeded 5%. Is Deschutes County guaranteed a return of a portion of their administrative fee if their claims trend exceeds 5% with the new claims administrator? Contention #2• Financial and Fiduciary Considerations • Additional Costs and Unknowns: o All transitions come with additional and often times unexpected cost. Transition cost for the plan to consider include: run out fees, reporting cost, implementation fees, and cost for file integration with outside vendors. • Responsibilities of Plan Fiduciaries: o As a fiduciary, the decision to move claims administration and disrupt membership should only be made if the committee is certain that the selected vendor will perfoim better than the incumbent. When looking at the statistics that have been provided, how can the County be assured the selected vendor will rj� ebms www.ebms.com P o Box 21367 Billings, MT 59104 1367 406.245 3575 800 777 3575 406 652 5380 outperform EBMS and provide the County with the same quality, accuracy and financial stability it enjoyed with EBMS? o If the committee elected to change administrators in hopes of obtaining financial savings, EBMS would like to note that our business model is built solely on supporting the needs of self-funded clients. All processes, programs and resources are designed to manage the cost and unique needs of self-funded clients. Because each self- funded client is unique, EBMS is flexible enough to allow clients to select vendors such as the pharmacy and on site clinic of their choice and will integrate our service lines with these vendors. EBMS supported integration with Deschutes County's outside vendors, and has done so at no additional cost to the County. EBMS' integrated programs and preferred vendors could provide greater plan management and cost savings to the plan. EBMS has many cost containment strategies available through our preferred vendor partners that would benefit both the County membership and health benefit plan. If Deschutes County selected an EBMS partner, additional cost savings to the County's health plan would have been observed. EBMS places a high value on such programs and therefore offered the Financial Performance Guarantee described above. These programs include but are not limited to: • Prescription Drug Management — estimated savings of at least 19% based on analysis • Care Link Advanced • Telemedicine • miCare Clinic Summary: EBMS appreciates the long term partnership that it has with Deschutes County. We thank the Board for its willingness to undertake a thorough review of the points illustrated in this Letter of Protest. We recognize there are situations when a change of this magnitude is worth the investment of time, money, and administrative resources. However, the Board must carefully evaluate whether the possible benefits and savings outweigh the definite disruption to the membership and plan administration. As we have outlined above, based on quantitative financial and customer services metrics, EBMS has outperformed the industry and provided quality service and financial stability that is uncommon. We offer the standard programs that are expected of every administrator, but also support client elected programs that are not commonly found with other administrators- such as on site clinics, captive stop loss program, enhanced care management programs, out of network cost management and our miChoice cost and quality program. If greater savings is what Deschutes County is looking for, utilization of these programs would allow additional cost savings and claims management accompanied with a financial guarantee that is unprecedented. ^j, ebms www.ebms.com P -O Box 21367 Billings, MT 59104-1367 406 245 3575 800 777 3575 406 652 5380 We have always looked for every opportunity to partner with the County and we ask you to consider continuing this partnership. Sincerely, Kevin Larson President April 5, 2017 EXHIBIT A Deschutes County Board of County Commissioners P. O. Box 6005, Bend, OR 97708-6005 1300 NW Wall St., Suite 206, Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 www.deschutes.ore board(ideschutes.org Tammy Baney Anthony DeBone Phil Henderson RE: Project — Request for Proposal for Third Party Administrator (contract 2017-182) NOTICE OF INTENT TO AWARD CONTRACT (2017-181) On March 14, 2017, the Third Party Administrator Selection Committee, comprised of representatives from several county departments, considered proposals for the above -referenced service. The committee determined that the successful proposer for the project was PacificSource Health Plans. This Notice of Intent to Award Contract is issued pursuant to Oregon Revised Statute (ORS) 279B.135. A copy of this Notice is being provided to each firm or person that submitted a bid or proposal for the service. See attached list. Any firm or person which believes that they are adversely affected or aggrieved by the intended award of contract set forth in this Notice may submit a written protest within seven (7) calendar days after the issuance of this Notice of Intent to Award Contract to the Board of County Commissioners of Deschutes County, Oregon, at Deschutes Services Building, 1300 NW Wall Street, Bend, Oregon 97701. The seven (7) calendar day protest period will expire at 5:00 PM on April 12, 2017. Any protest must be in writing and specify any grounds upon which the protest is based. Please refer to Oregon Administrative Rules (OAR) 137-049-0450 for construction contracts or OAR 137-047-0740 for contracts other than construction. If a protest is filed, a hearing will be held no sooner than 10:00 a.m. on April 19, 2017 before the Board of County Commissioners of Deschutes County Oregon, acting as the Contract Review Board, in the Deschutes Services Building, 1300 NW Wall Street, Bend, Oregon 97701. If no protest is filed within the protest period, this Notice of Intent to Award Contract becomes an Award of Contract without further action by the County unless the Board of County Commissioners for good cause, rescinds this Notice before the expiration of the protest period. The successful bidder or proposer on a Deschutes County project is required to execute the Contract. In addition to the execution of the Contract, the contractor will he required to provide one or more certificates of insurance together with endorsements naming Deschutes County as an additional insured, If you have any questions regarding this Notice of Intent to Award Contract, or the procedures under which the County is proceeding, please contact Deschutes County Legal Counsel Bend, OR 97701, telephone (541) 388-6625 or FAX (541) 383-0496. Be advised that if no protest is received within the stated time period that the County is authorized to process the contract administratively. Sincerely, BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREEGt)N TAMMY It.1NI.5', (°1I,AI DC -2017-181 „2e4 ANTHONY DEBONE, COMM (1Sy1(MLitt i'III lP O. i1f i ERSON, C't Me IISSIONER cc w/enc: Transmitted by Email and First Class Mail on April 5, 2017 to all Proposers (3 pages) See attached List o- 0 ,n3 0oj 0 o .o r% .Z *6 da Q 0 3 P, 0 .C.CA "6 c6 ‘,„ l',.:.' '' .,_ so 0 P, ° 7- Y '4. c• „,. e 2 ,--c.- ...c, '7- "- (i 0 .. ,,,,, c. is) 0..-- 0 "(:," r? °) c q-% ia • e., v. "r,', -... ' te• c co 0) ‘...- '.--- 0 -e. .., G vr, ttl, r,.. ..x.-- n .,.,, •,,,. 0 0- (1) 7 fo a) , ,. ,,c, $ X ' • °6 a (1,/ C.: A) . A) •,., `— -- So .--- 'Zis e 3, '-<-3 ,t-- c a) 0 0 EXHIBIT B eburs Board of County Commissioners of Deschutes County Deschutes Service Building 1300 NW Wall Street, Bend, OR 97701 April 12, 2017 RE: - Intent to Protest Deschutes County's Intent to Award Contract To Whom It May Concern: On April 11, 2017, Employee Benefit Management Services (EBMS) received formal notice of Deschutes County's intent to award the contract for third party administration services to Pacific Source Health Plan (Pacific). EBMS received that notice from Kathleen Hinman via email. Ms. Hinman noted in her email that should EBMS elect to protest Deschutes County's award to Pacific, EBMS could do so no later than April 17, 2017. This letter serves as formal notice of EBMS' intent to protest Deschutes County's intent to award the contract to Pacific. EBMS will prove a complete written response and include the reasons on which its protest is based no later than 5:00 pm PST on April 17, 2017. If I can address any questions in the interim, please contact me at the phone number/email noted below. Sincerely, Jacquelyn Gomes Account Executive i ww.ebms.coirz '1 /'/ August September October November December January February March April May 2011-2012 Total actober ovember ecember anuary ebruary arch pril ay une my Emp Count 1,008 1,010 1,002 1,005 1,000 998 1,005 1,018 1,018 1,022 1,020 1,014 12,120 Mem Count 2,728 2,745 2,719 2,732 2,723 2,723 2,743 2,785 2,792 2,804 2,796 2,783 33,073 2012-2013 Emp Count 1,019 1,021 1,024 1,030 1,035 1,028 1,025 1,020 1,027 1,029 1,025 1,014 12,297 Mem Count 2,814 2,823 2,843 2,852 2,874 2,857 2,848 2,840 2,850 2,859 2,850 2,840 34,150 2013-2014 Emp Count 1,014 1,007 997 1,005 1,004 1,005 1,000 1,001 996 1,002 1,007 1,009 12,047 Mem Count 2,859 2,846 2,829 2,832 2,837 2,830 2,810 2,811 2,799 2,818 2,830 2,830 33,931 ka Oa" ii 'iY Alta"id jai 472,587 1,031,652 964,092 909,223 1,478,128 1,052,116 897,013 1,064,306 1,361,895 869,093 893,162 1,220,140 927,132 998,485 1,238,821 1,250,923 1,384,594 1,119,344 1,358,175 1,111,484 1,075,213 992,016 1,247,800 1,234,009 13,298,613 12,852,793 954,173 762,780 885,319 1,129,684 998,354 1,305,430 874,880 976,376 1,034,661 1,036,688 1,030,584 883,551 11,872,481 dLL'I+J,a,a i �+na,a 1;aV�WVWIiI� Emp Mem Count Count 1,018 1,015 1,022 1,025 1,034 1,021 1,031 1,031 1,029 1,031 1,035 1,042 12,334 2,870 2,871 2,884 2,894 2,927 2,893 2,917 2,922 2,915 2,919 2,925 2,951 34,888 el'11 111111 11111 Lath IT C- 2015-2016 Emp Count 1,040 1,047 1,049 1,047 1,068 1,070 1,074 1,076 1,080 1,088 1,087 1,082 12,808 Mem Count 2,961 2,989 2,987 2,974 3,020 3,020 3,015 3,011 3,010 3,031 3,019 3,015 36,052 2016-2017 Emp Count 1,083 1,074 1,076 1,085 1,089 1,091 1,092 1,090 8,680 Mem Count 3,034 3,024 3,033 3,057 3,059 3,056 3,060 3,054 24,377 965,574 765,390 930,516 974,631 1,418,824 1,665,772 1,139,916 1,375,880 1,470,934 932,993 1,285,501 1,229,732 819,189 901,033 868,767 1,023,362 989,688 1,289,151 1,234,644 857,842 914,567 874,380 1,907,613 1,391,280 13,945,733 13,281,446 1,017,537 1,527,212 1,059,240 1,081,347 1,251,191 825,004 1,149,374 1,293,948 9,204,853 Per Month Average Costs 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 AverageClaims Cost Employee Count $1,108,218 $1,071,066 $989,373 $1,162,144 $1,106,787 $1,150,607 1,010 1,025 1,004 1,028 1,067 1,085 1011 PEPM $1,097.25 $1,045.20 $985.51 $1,130.67 $1,036.96 $1,060.47 Average Annual Growth Rate Change from previous year -4.74 % -5.71 % 14.73 % -8.29 % 2.27 % -0.67 % Member Count Run Date: Thursday, April 13, 2017 2:52 PM 2,756 2,846 2,828 2,907 3,004 3,047 PMPM $402.10 $376.36 $349.90 $399.73 $368.40 $377.60 Change from previous year -6.40 % -7.03 % 14.24 % -7.84 % 2.50 % -1.22 % Page 1 of 2 ' $1,200 $1,1004—, $1,000 $900 $800 $700 $600 $500 $400 $300 $200 2011-2012 Average Cost Per Month PEPM PMPM 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Run Date: Thursday, April 13, 2017 2:52 PM Page 2 of 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of May 3, 2017 DATE: April 27, 2017 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: PUBLIC HEARING: Bill Martin Road Hazard Abatement PUBLIC HEARING ON THIS DATE?: Yes CONTRACTOR: n/a AGREEMENT TIMEFRAME: n/a INSURANCE: n/a BACKGROUND AND POLICY IMPLICATIONS: On February 8, 2017, the Road Department responded to a request from the Deschutes County Sheriff's Office to evaluate a road hazard that had developed on Bill Martin Road, west of Tumalo. The attached document (03/15/17 report to BOCC) describes the specifics of the event and associated response, as well as provides the basis for notification to the BOCC of a road hazard abatement as prescribed by ORS 368.271(4). As prescribed by ORS 368.276, this is a hearing to assess costs and determine persons liable for payment of costs associated with the abatement of an emergency road hazard on Bill Martin Road. In accordance with state statue, Tumalo Irrigation District has been provided appropriate notification of the time/place of this hearing. In deciding this matter, the following should be considered: Per ORS 368.246: (1): "Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow: (a) Any water to overflow, seep or otherwise discharge from that land onto a public road under county jurisdiction including, but not limited to, water that is passing over the land, diverted from the land by an obstruction on the land, flowing from the land because of rainfall or discharged from an irrigation sprinkler or other device. (2) A person is not in violation of this section if there is no reasonable method for the person to control, stop or remove the cause of the violation." per ORS 368.276: (3) After consideration of matters presented at the hearing, the county governing body shall issue an order: (a) Establishing costs to be paid; and (b) Directing the person the county governing body determines to be responsible for payment of the costs to pay the costs within the time established by the county governing body, which time shall not be less than 60 days. (4) If the county governing body cannot establish responsibility for payment of costs under this section, the owner of the property that is the source of the violation of ORS 368.256 shall be responsible for payment unless the owner can establish that there was no reasonable method for the owner to control, stop or remove the cause of the violation. (5) The county governing body shall provide for notice of the results of the hearing to persons ordered to pay costs by service under ORS 368.401 to 368.426. Any person who does not pay costs as directed by an order under this section is liable for those costs. FISCAL IMPLICATIONS: The Road Department incurred an expense of $21,617.71 of which approximately $4,400 was aggregate, culvert pipe, and other materials with the remainder of cost associated with labor and equipment. ATTENDANCE: Chris Doty, Road Department Director and John Laherty, Assistant Legal Counsel RECOMMENDATION & ACTION REQUESTED: Staff recommends assigning the full liability of the hazard abatement, by Board Order, to Tumalo Irrigation District in the amount of $21,617.71 and order payment within 60 days. Road Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 Hazard Abatement per ORS 368.271 Date: March 15, 2017 To: Board of County Commissioners Through: Tom Anderson, County Administrator From: Chris Doty, PE, Director of Public Works RE: Nuisance Abatement — Sinkhole in Bill Martin Road On the evening of February 8, 2017 it was reported that a sinkhole was developing in Bill Martin Road (off of Tumalo Reservoir Road), west of Tumalo. It was initially reported by nearby residents and verified by Deschutes County Sherriff's Deputies. Bill Martin Road is a Local Access Road (LAR) as defined by OR 368.001 and is not a county maintained road, although Deschutes County remains the jurisdictional authority for the road. As a LAR, Deschutes County is not liable for failure to improve a LAR or keep it in repair per ORS 368.031. However, pursuant to ORS 368.271, a county road official may take any reasonable action to abate a road hazard that creates a substantial risk of damage, injury or other emergency condition, without delay and without notice or hearing. Deschutes County Road Department personnel arrived at the location of the sinkhole at approximately 9:30 PM and observed that a sinkhole had developed in an area where a significant amount of stormwater run-off was flowing into the low point of the roadside ditch of Bill Martin Road approximately one mile north of Tumalo Reservoir Road. The sinkhole area was observed to be approximately 20 feet wide (width of road) by 15 feet long — and would eventually measure 30 feet long once fully excavated. The sinkhole was approximately 3 feet deep. The stormwater was draining into the sinkhole at approximately 500 gallons per minute and was disappearing into the roadbed with no evidence of ponding — as the substrate was very permeable. Bill Martin Road is a 1.5 mile road that is the single access to approximately six residential properties and several undeveloped lots. The road traverses through property (500+/-) acres owned by Tumalo Irrigation District and was constructed by the District in 2010 as a LAR to serve development. The road is the subject of litigation filed by several accessing property owners against Tumalo Irrigation District and Deschutes County, however the actions taken and this report are unrelated to the litigation. Given the road obstruction and ongoing road damage caused by the sinkhole, and the resulting lack of public access to the affected properties, I determined that the sinkhole created a substantial risk of damage, injury or other emergency, and a decision was made to immediately abate the hazard with Road Department equipment, materials, and personnel. Three 12 -inch culverts were installed to divert water collecting in the ditch from the north side of the road to the south side — which is the natural drainage pattern for the area. The sinkhole area was excavated to solid material within the road bed as well as both sides of the excavation. Fabric was used to line the excavated area and 3 -inch minus fill material was used to backfill the excavation. The fill was capped with 5 -inches of %"-minus base rock (gravel) surfacing. The project was completed on February 9th. The total cost of the project was $21,617.71. Since this abatement was performed as an emergency action, ORS 368.271 requires the county road official to file a written report with the county governing body setting forth the reason for the abatement, the actions taken, the cost, and any other information the governing body requires. This memorandum fulfills the statutory reporting requirement. ORS 368.276 affords the County a process by which to recoup costs associated with abatement of an emergency road hazard from a landowner who is found liable for the hazard. This statute states that a landowner may be held liable if the hazard is caused by the landowner allowing rainfall or water passing over his land to overflow or discharge onto a public road. In this instance, significant snowmelt runoff from property owned by Tumalo Irrigation District collected within the roadside ditch of Bill Martin Road and pooled at a localized low point within the roadway, without the benefit or presence of any drainage feature (culvert), such that it eventually undermined the roadbed and caused the sinkhole. Thus, the County may pursue reimbursement from TID for the costs of abating the emergency road hazard. if the Board wishes to pursue reimbursement for the costs of abatement, ORS 368.276 provides that the County shall conduct a hearing to determine the person liable and order the costs to be paid. If so directed, staff will schedule the required hearing and inform Tumalo Irrigation District per the requirements of the statute. Pictures Sinkhole in Bill Martin Road Diverted run-off, west of sinkhole Excavated sinkhole area Voids in subgrade created by flowing water Finished product, post abatement. Sharon Ross From: Sharon Ross Sent: Tuesday, May 02, 2017 8:48 AM To: Sharon Ross Subject: FW: TID matter -- on agenda for Wednesday's business meeting Attachments: la Report.pdf; 2017-05-01 Ltr LWR to Laherty.pdf fyi From: John Laherty Sent: Monday, May 01, 2017 10:37 AM To: Sharon Ross Cc: Connie Scorza; Erik Kropp; Tom Anderson Subject: TID matter -- on agenda for Wednesday's business meeting Sharon: The attached documents need to go to the Commissioners for their review in advance of Wednesday's business meeting. Thanks, John John E. Laherty Deschutes County Assistant Legal Counsel 1300 NW Wall St., Suite 205 Bend, OR 97703 Phone: (541) 330-4645 Fax: (541) 617-4748 iohn.lahertvCa deschutes.orq THIS ELECTRONIC TRANSMISSION, INCLUDING ANY ATTACHMENT HERETO, IS CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND/OR OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IN THIS TRANSMISSION IS INTENDED ONLY FOR USE OF THE INTENDED RECIPIENT. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS TRANSMISSION. 1 reS Road Department Illllo 6dlJnalt:�tlutld,wllpYnl ,,..,14,1,116 11 d 1,11 IldiaIILdd,IlIWm 6,441.444 WA , lll,ll, ll 1116 11,11) I 11 III Y. n ,III .1, dl 1, 111,,,, „ 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 Hazard Abatement per ORS 368.271 Date: March 15, 2017 To: Board of County Commissioners Through: Tom Anderson, County Administrator From: Chris Doty, PE, Director of Public Works RE: Nuisance Abatement — Sinkhole in Bill Martin Road On the evening of February 8, 2017 it was reported that a sinkhole was developing in Bill Martin Road (off of Tumalo Reservoir Road), west of Tumalo. It was initially reported by nearby residents and verified by Deschutes County Sherrift's Deputies. Bill Martin Road is a Local Access Road (LAR) as defined by OR 368.001 and is not a county maintained road, although Deschutes County remains the jurisdictional authority for the road. As a LAR, Deschutes County is not liable for failure to improve a LAR or keep it in repair per ORS 368.031. However, pursuant to ORS 368.271, a county road official may take any reasonable action to abate a road hazard that creates a substantial risk of damage, injury or other emergency condition, without delay and without notice or hearing. Deschutes County Road Department personnel arrived at the location of the sinkhole at approximately 9:30 PM and observed that a sinkhole had developed in an area where a significant amount of stormwater run-off was flowing into the low point of the roadside ditch of Bill Martin Road approximately one mile north of Tumalo Reservoir Road. The sinkhole area was observed to be approximately 20 feet wide (width of road) by 15 feet long — and would eventually measure 30 feet long once fully excavated. The sinkhole was approximately 3 feet deep. The stormwater was draining into the sinkhole at approximately 500 gallons per minute and was disappearing into the roadbed with no evidence of ponding — as the substrate was very permeable. Bill Martin Road is a 1.5 mile road that is the single access to approximately six residential properties and several undeveloped Tots. The road traverses through property (500+1-) acres owned by Tumalo Irrigation District and was constructed by the District in 2010 as a LAR to serve development. The road is the subject of litigation filed by several accessing property owners against Tumalo Irrigation District and Deschutes County, however the actions taken and this report are unrelated to the litigation. Given the road obstruction and ongoing road damage caused by the sinkhole, and the resulting lack of public access to the affected properties, I determined that the sinkhole created a substantial risk of damage, injury or other emergency, and a decision was made to immediately abate the hazard with Road Department equipment, materials, and personnel. Three 12 -inch culverts were installed to divert water collecting in the ditch from the north side of the road to the south side — which is the natural drainage pattern for the area. The sinkhole area was excavated to solid material within the road bed as well as both sides of the excavation. Fabric was used to line the excavated area and 3 -inch minus fill material was used to backfill the excavation. The fill was capped with 5 -inches of %"-minus base rock (gravel) surfacing. The project was completed on February 9th. The total cost of the project was $21,617.71. Since this abatement was performed as an emergency action, ORS 368.271 requires the county road official to file a written report with the county governing body setting forth the reason for the abatement, the actions taken, the cost, and any other information the governing body requires. This memorandum fulfills the statutory reporting requirement. ORS 368.276 affords the County a process by which to recoup costs associated with abatement of an emergency road hazard from a landowner who is found liable for the hazard. This statute states that a landowner may be held liable if the hazard is caused by the landowner allowing rainfall or water passing over his land to overflow or discharge onto a public road. In this instance, significant snowmelt runoff from property owned by Tumalo Irrigation District collected within the roadside ditch of Bill Martin Road and pooled at a localized low point within the roadway, without the benefit or presence of any drainage feature (culvert), such that it eventually undermined the roadbed and caused the sinkhole. Thus, the County may pursue reimbursement from TID for the costs of abating the emergency road hazard. If the Board wishes to pursue reimbursement for the costs of abatement, ORS 368.276 provides that the County shall conduct a hearing to determine the person liable and order the costs to be paid. If so directed, staff will schedule the required hearing and inform Tumalo Irrigation District per the requirements of the statute. Pictures Sinkhole in Bill Martin Road Diverted run-off, west of sinkhole Excavated sinkhole area Voids in subgrade created by flowing water Finished product, post abatement. gh; GARRETT HEMANN ROBERTSON p.c. May 1, 2017 Via Entail DESCHUTES COUNTY LEGAL COUNSEL Attn: John E. Laherty 1300 NW Wall Street, Suite # 205 Bend OR 97701 Willamette Professional Center 1011 Commercial St. NE Salem, Oregon 97301-1049 Ph: (503) 581-1501 Fax: (503) 581-5891 www.ghrlawyers.com Re: Tumalo Irrigation District / Deschutes County Board of County Commissioners Bill Martin Road Hazard Abatement Our File 80596016 Dear Mr. Laherty: Thank you for your March 29, 2017 letter transmitting Chris Doty's ORS 368.271 Hazard Abatement Report. The Tumalo Irrigation District ("TID") looks forward to working with the County to meet its requirements under ORS 368.256, et al. Together with TID's manager, Ken Rieck, I will be attending the public hearing with the Board of County Commissioners at 10:00 a.m. on May 3, 2017, to discuss the cost of the Bill Martin Road abatement and, respectfully, oppose any efforts to hold TID liable for payment of those costs. In preparation of the public hearing, TID would like the County to consider the following legal analysis: As you have correctly stated, ORS 368.256 states: (1) Except as authorized by the county governing body, an owner or lawful occupant of land shall not allow: (a) Any water to overflow, seep or otherwise discharge from that land onto a public road under county jurisdiction including, but not limited to, water that is passing over the land, diverted from the land by an obstruction on the land, flowing from the land because of rainfall or discharged from an irrigation sprinkler or other device. Here, TID agrees that snowmelt runoff from TID's property pooled at a localized low point on Bill Martin Road, which water contributed to the sinkholes that required emergency abatement. However, you will note that ORS 368.256 does not hold a landowner like TID strictly liable if water from its property causes issues that require abatement. Obviously, such strict liability would run contrary to the County road system and require this type of hearing every time water that touches private property causes damage to a County road. n:\wpdocs\8059601611aherly hrO l .doc\AMP 4/26/172;45 PM DESCHUTES COUNTY LEGAL COUNSEL May 1, 2017 Page 2 Instead, ORS 368.256 holds a landowner liable for abatement costs if that landowner allows water to overflow from the landowner's property onto a public road. Therefore, a landowner must have some intent to permit water to flow from its land to the County road. TID did not do anything to divert storm water from its property onto the public land, or fail to correct a known issue that water was being unsafely focused from TID land onto a public road. Mr. Rieck will be happy to discuss the absence of any efforts to manipulate the land to cause any unnecessary or unnatural water to flow from TID's property to Bill Martin Road. Given that TID did not overtly intend to focus water from its land to Bill Martin Road, I believe that a court reviewing any claim under ORS 318.281(i)(a) would apply the "natural and ordinary consequence" rule used to determine substantial interference in inverse condemnation claims. See Vokoun v. City of Lake Oswego, 335 Or 19, 29. As the Court of Appeals has recently explained: The question in Vokoun was not whether Landslides undermining homes occur frequently following the construction of drainage ditchers; the question was whether the undermining landslide was a natural and ordinary consequence of the construction of the drainage ditch adjoining the plaintiffs' property — a consequence that was the last link in a chain of events that began with the government action and proceeded, without unnatural or extraordinary intervening causes, to produce the damage. Dunn v. City of Milwaukie, 241 Or App 95, 102 (2011) (emphasis in original). Applied to this situation, TID could only have allowed water to overflow onto Bill Martin Road in violation of ORS 368.256 if the harm -causing water naturally and ordinarily was moved from TID's land to Bill Martin Road. However, there was nothing natural or ordinary about the weather conditions that led up to the February 8, 2017 report of a sinkhole. As the County Commission has previously discussed, and as has been thoroughly reported by The Bulletin, this winter's severe weather was historic. Since the County accepted Bill Martin Road into its system as a local access road in December 2010, the County has not seen such severe winter weather and, as Mr. Rieck will be happy to explain, Bill Martin Road has never had the ice dams or water flow that it did leading up to February 8, 2017. Because of these extraordinary conditions, TID had no notice that it was doing anything to cause or allow water from its land to cause harm to the public road. The historic weather was an extraordinary intervening factor that breaks the chain between any TID action and the hazard that required abatement. I understand that the County does not have frequent occasion to issue Hazard Abatement Reports under ORS 368.271. That is most likely because most hazards that need abating are evident and the County must only pursue reimbursement when it requests that a landowner make abatement efforts and the landowner refuses. That is not the case here, because prior to the extreme weather conditions of February 2017, neither the County, TID, nor anyone else was aware that there was the potential for this type of hazard. n:bvpdocs180596OI6\Iahcny ltr01.doc\AMP 4126/172:45 I'M DESCHUTES COUNTY LEGAL COUNSEL May 1, 2017 Page 3 TID also requests that the County keep in mind ORS 368.256(2), stating, "A person is not in violation of this section if there is no reasonable method for the person to control, stop, or remove the cause of the violation." Such would be the case when, as occurred here, the hazard is caused by an "act of God." See Allen v. KP. Timber Co., 150 Or 176, 181 (1935) (An act of God relieves a defendant of liability when damage is the result of "an event in nature so extraordinary that the history of climactic conditions in the particular locality affords no reasonable warning of the event."). TID appreciates the County's efforts to help it and the other residents along Bill Martin Road deal with this emergency situation. As you know, and as Mr. Rieck will be happy to explain to the Commission, TID volunteered its employees and equipment to help the County deal with this situation. TID requests that the County decline to seek any further financial reimbursement from TID beyond what TID has already provided to assist in this situation. Ken Rieck and I look forward to speaking with you and the Board of County Commissioners on May 3, 2017. Do not hesitate to give me a call before the hearing to discuss any questions or concerns. Sincerely, Luke W. Reese lreese@ghrlawyers.com LWR:tra c: Tumalo Irrigation District (Via Email) n:\wpdocs\8059601611aherty Iu01.doCWMP 4/26/172:45 PM For Recording Stamp Only BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON PROCLAMATION RECOGNIZING National Historic Preservation Month May 1-31, 2017 WHEREAS, it is important to celebrate the role of history in our lives and the important contributions that have helped to preserve our heritage, and WHEREAS, historic preservation is an effective tool for economic development, neighborhood revitalization, and fostering local pride and stewardship; and WHEREAS, "This Place Matters" is the theme for Historic Preservation Month, May 2017, co-sponsored locally by the Deschutes County Historic Landmarks Commission, Bend Landmarks Commission, the City of Redmond Landmarks Commission the Deschutes County Historical Society, and the Deschutes Land Trust; and WHEREAS, Deschutes County joins cities and counties across the country in a nationwide celebration of Historic Preservation Month; NOW, THEREFORE, we, the Board of County Commissioners, do proclaim May 2017 as Historic Preservation Month in Deschutes County and encourage all residents to recognize and participate in this month's activities and events. Dated this 3rd day of Mav, 2017 by the Deschutes County Board of Commissioners. Tammy Baney, Chair Anthony DeBone, Vice Chair ATTEST: Philip G. Henderson, Commissioner Recording Secretary For Immediate Release May 3, 2017 Media Contact: Tom Anderson County Administrator 541-388-6565 Deschutes County Receives Awards for Budget and Excellence in Financial Reporting On Wed., May 3, Deschutes County will receive the Distinguished Budget Presentation Award and the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA). "These are the highest honors a local government can earn for its budgeting and financial reporting efforts," said Tom Anderson, County Administrator. "It is a great honor and a testament to the efforts put forth by Budget Analyst Loni Burk, Accounting Manager Jeanine Faria and all of the staff in county departments that work collectively to contribute to these efforts." Deschutes County had to satisfy nationally recognized guidelines for effective budget presentation and financial reporting to receive the awards. The GFOA is a major professional association serving the needs of nearly 19,000 appointed and elected local, state and provincial -level government officials and other finance practitioners. What: Presentation of Budget and Financial Reporting Awards Where: Board of Commissioners meeting, 1300 NW Wall Street, Barnes & Sawyer Rooms When: 10 a.m., Wednesday, May 3, 2017 ### DAVID EVANS ANDASSOCIATES INC. TRANSMITTAL DATE: September 14, 2010 PAGES: 2 TO: George Kolb TELEPHONE NO: 541.322.7113 Deschutes County Road Dept FAX NO: 61 150 SE 27th St Bend, OR 97702-9631 FROM: Tom Headley TELEPHONE NO: 541.749.1417 FAX NO: 541.389.7623 PROJECT: Laidlaw Butte Access Road PROJECT NO: TIDX-0043 ® AS YOU REQUESTED ❑ FOR YOUR INFORMATION LJ FOR YOUR APPROVAL ❑ RETURN REQUESTED RECORDS MANAGEMENT ❑ FOR YOUR USE ITEM COPIES DATE DESCRIPTION 1 1 9/14/2010 Full-sized Mvlar Plan Set, Sheets 1-8, signed 2 1 9/14/2010 Copy of Change Order 001 COMMENTS: Copies: n/a Attachments/Enclosures: Initials: THE Project Number: TIDX0000-0043 320 SW Upper Terrace Drive, Suite 200 Bend Oregon 97701 Phone: 541.389,7614 Facsimile: 541.389.7623 Laidlaw Butte Access Road Construction plan review comments 7/2/10 Sheet J of 8: 1. Under General Notes, add the following: • Contractor will need to get locates done in areas of construction • Notify County 24 hours prior to start of construction • Permit needed to work in public right-of-way for installation of apron at Tumalo Reservoir Road. 2. Need to show typical section of access road somewhere in the plans. 3. Need north arrows on all sheets Sheet 2 of 8: 1. Stop sign installation will also need to include name blades for the new road and Tumalo Reservoir road. 2. Replace "Easement" with "right-of-way" 3. Contractor will be required to get a utility locate prior to sign installation. Sheet 5 of 8: 1. Could there be an issue with drainage at Sta. 97+00 since the grades converge at that point? Plan review fees are $250. Thyi fee is to be paid prior to signature of the plans. NOD'hic, k.1MC) UHU 1018 A Sin NO I VDIH GNICThi SSOOV Dune AAV1GIV1 TIIJOLId ()NV NV1J 1111,01,44,,,161411,;1,1,. m;1,.P; H111,,,,,1111111.11111,1,,{A,l).1.111,111111.1.11111111H11.11111111111411 1 ill 01,LC) 1'h ,11 Subject: Name Address BOARD OF COMMISSIONERS' MEETING Phone #s -I Q ' E-mail address In Favor REQUEST TO SPEAK Ak 1r al /3(kii9 w 6 Neutral/Undecided Date: 3 !14 '1 I'7 Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No '0 650 1,300 2,600 Feet 1 1 1 1 1 1 i 1 Printed on May 1, 2017 ■ Main Roads Taxlots Rachel Pinkston Highway Tumalo irrigation District Parcels 40 ft Contour Lines 61150 SE 27. 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