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2019-124-Minutes for Meeting March 06,2019 Recorded 4/11/2019
C-0 BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 19 Recorded in Deschutes County CJ2019-124 Nancy Blankenship, County Clerk Commissioners' Journal 04/11/2019 3:56:50 PM C.�'JTESCpG II�II��I'I'IIIII�IIIIIIIIIII II' 2019-124 FOR RECORDING STAMP ONLY WEDNESDAY, March 6, 2019 ALLEN CONFERENCE ROOM Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several staff, citizens and no identified representatives of the media were in attendance. CALL TO ORDER: Chair Henderson called the meeting to order at 1:37 p.m. ACTION ITEMS 1. 2020 Census Presentation Nicholas Brown of the US Census Bureau presented information on the 2020 census and to ask for a commitment of time and resources of Deschutes County. Mr. Brown explained the importance of the census to the United States of America including federal funding granted to each of the states. There are various methods of obtaining census information and due to a decrease in federal funding, the Census Bureau is requesting assistance from local governments. The Census Bureau is unable to send census information to post office box addresses. Census workers will conduct address canvassing. Mr. Brown reported personal information is not shared by the Census Bureau. Mr. Brown asked Deschutes County to assist in getting the BOCC WORK SESSION MARCH 6, 2019 PAGE 1 OF 5 message out to residents to explain the importance of the census. Mr. Brown requested the Board as local government to consider forming a committee. Commissioner Henderson asked if they are asking for the push since the US Census Bureau has dropped in the percentage of census workers from 100% to 30%. Mr. Brown presented a guide on how to forma committee. The actual count will be done April 1, 2020. They are looking for 1500 applications for census workers in Deschutes County. Commissioner Adair suggested a booth at the Deschutes County Fair. One suggestion would also be passing the information on to League of Women Voters and posting media releases. 2. Moody's Bond Rating Aa1 Wayne Lowry, Finance Director presented this item. Moody's has increased Deschutes County's Bond rating from Aa2 to Aa1. Mr. Lowry explained the rating levels and the rate benefits of the increased rating. Commissioner Henderson suggested this information be reported to the public in some manner. Whitney Hale, Public Information Officer made comment this recognition will be annni inreri at an ii iprnming rinlninctnirs recorded BOCC Meeting. 3. Bond Sale Results Mr. Lowry reported on the process and results of the bond sale. The sale resulted in a net present value savings of $854,951 over the remaining life of the bonds, more than double the savings estimated in October 2018. 4. January 2019 Treasurer's Report and Financial Reports Mr. Lowry presented the January 2019 treasurer's and financial reports. The total investment portfolio as of January 31, 2019 was reviewed. A new report reflecting the countywide summary was included in the packet. The schedule of financial operating data was reviewed for the general fund, Community BOCC WORK SESSION MARCH 6, 2019 PAGE 2 OF 5 Juvenile Justice, Sheriff's Office & Law Enforcement Districts, Health Services, Community Development, Road Department, Adult Parole & Probation, Solid Waste, Risk Management, 9-1-1, Health Benefits Fund, Justice Court, Room Taxes, and the Fair & Expo Center. 5. Statewide Transportation Improvement Fund (STIF) Advisory Committee Appointments Judith Ure, Management Analyst and Derek Hofbauer, Outreach and Engagement Administrator for the Central Oregon Intergovernmental Council presented this item regarding the rankings and selection of the members for the newly formed advisory committee. The request for applications resulted in 48 applications. A panel sorted through the applications and assigned rankings to each based on the requirements of the committee membership. The Board reviewed the candidates and offered suggestions for appointment consideration. There are three required membership representatives in the categories of public transit, low income, and elderly or disabled. Ms. Ure will bring the recommended appointments fnr the Board's concirleratinn of annrnval: OTHER ITEMS: • A draft Memorandum of Understanding was presented between the US Fish and Wildlife Service and Deschutes County. Peter Gutowsky, Planning Manager, reported on the staff resource request as a part of this MOU for the purpose of preparing the Deschutes Basin Habitat Conservation Plan Environmental Impact Statement in compliance with the National Environmental Policy Act. DEBONE: Move approval of Document No. 2019-148 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC WORK SESSION MARCH 6, 2019 PAGE 3 OF 5 EXECUTIVE SESSION: At the time of 3:51 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. At the time of 4:09 pm the Board came out of Executive Session to direct staff to proceed as discussed. At the time of 4:11 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Property. The Board came out of Executive Session at 4:52 p.m. OTHER ITEMS (continued): Judith Ure Management Analyst presented a letter of support on House Bill 3030. DEBONE Move approval of signature ADAIR Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried Ms. Ure also presented a list of talking points regarding system development charges to take to Salem for discussions with legislators. The Board suggested slight revisions. Ms. Ure also noted the Health Department has presented information regarding their intended testimony. The Board will be in Salem on Monday for the Association of Oregon Counties committee day. Ms. Ure will arrange for meetings with legislators for that day. BOCC WORK SESSION MARCH 6, 2019 PAGE 4 OF 5 COMMISSIONER UPDATES • Commissioner DeBone is interested in advocating for spring time safety improvements at Harper Bridge and requested discussion at the next Work Session. Commissioner Adair held a meeting yesterday with the Forest Service and County Forester. • Commissioner Henderson inquired on the marijuana text amendment matter and feels we should issue an announcement as a clear statement to explain the County's reasons for re-examining the text amendments. • Commissioner Henderson also asked for a response for the stabilization center. Whitney Hale, Public Information Officer recommended a news release to explain the Board's upcoming site visits. Being no further items to come before the Board, the meeting was adjourned at 5:19 p.m. ATTEST: _ I C t-6� - - - - - BOCC WORK SESSION MARCH 6, 2019 PAGE 5 OF 5 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, WEDNESDAY, MARCH 6, 2019 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend Work Session, which are open to the public, allow the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. C ALL T O^ ORDER ACTION ITEMS 1:30 PM 2020 Census Presentation - Nicholas Brown, US Census Bureau 2. 1:45 PM Moody's Bond Rating Aal - Wayne Lowry, Finance Director/Treasurer 3. 2:00 PM Bond Sale Results - Wayne Lowry, Finance Director/Treasurer 4. 2:15 PM January 2019 Treasurer's Report and Financial Reports - Wayne Lowry, Finance Director/Treasurer 5. 2:30 PM Statewide Transportation Improvement Fund (STIF) Advisory Committee Appointments -Judith Ure, Management Analyst COMMISSIONER'S UPDATES EXECUTIVE SESSION Board of Commissioners Work Session Agenda Wednesday, March 6, 2019 Page 1 of 2 Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations and ORS 192.660 (2 (h) Litigation At any time during the meeting an executive session could be called to address issues relating to ORS 192.5660(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 public. 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. ADJOURN 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.org/meetingcalendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Work Session Agenda Wednesday, March 6, 2019 Page 2 of 2 The 2020 Census at a Glance The U.S. Constitution requires that each decade we take a count—or a census—of America's population. The 2020 Census goal is to coun everyone once, only once, and in the right place. The census provides vital information for you and your community. It determines how many representatives each state gets in Congre Communities rely on census statistics to plan for a variety of resid needs including new roads, schools, and emergency services. Businesses use census data to help provide more local jobs and pl, to shop. Each year, the federal government distributes hundreds of billions of lars to states and communities based on U.S. Census Bureau data. In 2020, we will introduce new technology to make it easier than eve to respond to the census. For the first time, you will be able to respo online, by phone, or by mail. We will use data that the public has alre provided to cut down on household visits. And, we are building a me accurate address list and automating our field operations—all while keeping your information confidential and safe. The Census Bureau is the leading source of statistical information about the nation's people. We provide snapshots on population size and growth and detailed portraits of our changing communities. United States Census Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU censws.gov August 2017 10 Become a 2020 Census Partner Your partnership sends a strong message to your community about the importance of the census and the benefits of being counted. By partnering with the Census Bureau, you can help: > Assure people that it is important—and safe—to respond to the census. > Ensure accurate census data, which guide funding decisions for your community and affect your community's representation in Congress. > Spread the word about temporary census jobs in your community. Get Involved: CD What Can You Do Now? > Create or join a Complete Count Committee and partner with other trusted voices and influential leaders in your area who are committed to increasing census participation. Encourage your peers to get involved too. > Raise awareness by including census information in newsletters, social media posts, podcasts, mailings, and on Web sites. > Help recruit census workers when jobs become available. You can make a difference As an influential community, business, or organization leader, you can raise awareness and encourage participation. Key Dates 2017 Local Update of Census Addresses—invitations sent to local governments for completion in 2018 Publish final 2020 residence criteria and situations 2018 Question wording to Congress— March 31, 2018 2018 End -to -End Census Test Regional Census Centers opening 2019 Opening Field Offices Complete Count Committees established 2020 Advertising—begins in early 2020 Begin self response Census Day—April 1, 2020 Nonresponse Followup— early April -late July Apportionment counts to the President—December 31, 2020 2021 Redistricting counts to the States—March 31, 2021 Issued August 2017 Form D-3234 (E) CENSUS PARTNERS Why We Ask The 2020 Census is easy. The questions are simple. The census asks questions that provide a snapshot of the nation. Census results affect your voice in government, how much funding your community receives, and how your community plans for the future. When you fill out the census, you help: • Determine how many seats your state gets in Congress. • Guide how more than $675 billion in federal funding is distributed to states and communities each year. • Create jobs, provide housing, prepare for emergencies, and build schools, roads and hospitals. Population Count (Number of People Living or Staying) We ask this question to collect an accurate count of the number of people at each address on Census Day, April 1, 2020. Each decade, census results determine how many seats your state gets in Congress. State and local officials use census counts to draw boundaries for districts like congressional districts, state legislative districts and school districts. Any Additional People Living or Staying Our goal is to count people once, only once and in the right place according to where they live of i Census Da'y'. keeping this goal in mind, wc ask this question to ensure that everyone living at an address is counted. Owner/Renter We ask about whether a home is owned or rented to create statistics about homeownership and renters. Homeownership rates serve as an indicator of the nation's economy and help in administering housing programs and informing planning decisions. Phone Number We ask for a phone number in case we need to contact you. We will never share your number and will only contact you if needed for official Census Bureau business. Name We ask for names to ensure everyone in the house is counted. Listing the name of each person in the household helps respondents include all members, particularly in large households where a respondent may forget who was counted and who was not. United States '110a fth cenSMoS, Bureau U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU census.gov Sex We ask about the sex of each person to create statistics about males and females. Census data about sex are used in planning and funding government programs, and in evaluating other government programs and policies to ensure they fairly and equitably serve the needs of males and females. These statistics are also used to enforce laws, regulations and policies against discrimination in government programs and in society. Age and Date of Birth We ask about age and date of birth to understand the size and characteristics of different age groups and to present other data by age. Local, state, tribal and federal agencies use age data to plan and fund government programs that provide assistance or services for specific age groups, such as children, working -age adults, women of childbearing age, or the older population. These statistics also help enforce laws, regulations and policies against age discrimination in government programs and in society. Hispanic, Latino or Spanish Origin We ask about whether a person is of Hispanic, Latino or Spanish origin to create statistics about this ethnic group. The data collected in this question are needed by federal agencies to monitor compliance with anti -discrimination provisions, such as under the Voting Rights Act and the Civil Rights Act. Race We ask about a person's race to create statistics about race and to present other statistics by race groups. The data collected in this question are needed by federal agencies to monitor compliance with anti -discrimination provisions, such as under the Voting Rights Act and the Civil Rights Act. State governments use the data to determine congressional, state and local voting districts. Whether a person Lives or Stays Somewhere Else Our goal is to count people once, only once and in the right place according to where they live on Census Day. Keeping this goal in mind, we ask this question to ensure individuals are not included at multiple addresses. Relationship We ask about the relationship of each person in a household to one central person to create estimates about families, households and other groups. Relationship data are used in planning and funding government programs that provide funds or services for families, people living or raising children alone, grandparents living with grandchildren, or other households that qualify for additional assistance. Citizenship A question about a person's citizenship is used to create statistics about citizen and noncitizen populations. These statistics are essential for enforcing the Voting Rights Act and its protections against voting discrimination. Knowing how many people reside in the community and how many of those people are citizens, in combination with other information, provides the statistical information that helps the government enforce Section 2 of the Voting Rights Act and its protections against discrimination in voting. Connect with us @uscensusbureau E S CQG Q T 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 Work Session of March 6, 2019 DATE: February 27, 2019 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: Moody's Bond Rating Aa1 RECOMMENDATION & ACTION REQUESTED: Discuss Moody's Bond Rating of Aa1 ATTENDANCE: Wayne Lowry, Finance Director/Treasurer SUMMARY: One of the steps to completing a bond sale is to get the bond issue rated by one of the three credit rating agencies. Credit ratings identify the risk of bond holders not getting paid LL) wllell UI I bonds mature. The County has been vdorking ��vi,,, Moody'v .In ,,vectors Service to rate the refunding bonds that were authorized by the Board last fall. After meeting with staff and reviewing the County's financial condition, Moody's increased the County's Bond rating from Aa2 to Aa1. The more favorable a bond rating, the lower interest rates paid by the County on bonds. Wayne will be present at this work session to talk further about the implications from Moody's rating action. The rating announcement and the rating analysis from Moody's are attached for further discussion. MOODY'S INVESTORS SERVICE Rating Action: Moody's upgrades to Aa1 from Aa2 Deschutes County, OR's issuer & outstanding DOLT ratings, assigns Aa1 to Series 2019 19 Feb 2019 New York, February 19, 2019 -- Moody's Investors Service has upgraded to Aa1 from Aa2 Deschutes County, Oregon's issuer rating. Concurrently, we have assigned an Aa1 rating to the county's $7.1 million Full Faith and Credit Refunding Obligations, Series 2019, and upgraded to Aa1 from Aa2 the county's outstanding full faith and credit obligations (COLT). The issuer rating represents Moody's assessment of hypothetical general obligation unlimited tax debt (GOULT). The county does not have any GOULT debt outstanding. RATINGS RATIONALE The upgrade to Aa1 from Aa2 of the county's issuer rating reflects sustained strength along all major credit factors. The county's tax base is large relative to similarly rated peers and continues to show strong growth, while its finances continue to be characterized by strong reserve levels and ample liquidity. Debt levels are modest and pension liabilities are manageable. The Aa1 rating on the county's full faith and credit obligations considers the county's strong general credit characteristics and the strength of full faith and credit pledges in Oregon, which Moody's rates at the same level as a GOULT pledge. The limitation on full faith and credit pledges in Oregon is the lack of authorization to levy additional taxes to pay for those bonds, but all legally available resources are available for debt service. RATING OUTLOOK Outlooks are not typically assigned to local government credits with this amount of debt outstanding. FACTORS THAT COULD LEAD TO AN UPGRADE - Substantial improvement in the county's wealth measures - Growth and diversification of the county's economic base FACTORS THAT COULD LEAD TO A DOWNGRADE - Substantial contraction of the county's tax base - Material weakening of the county's financial profile, including declines in reserve levels and available liquidity - Significant increase in debt or pension obligations LEGAL SECURITY The bonds are secured by the county's full faith and credit pledge of all legally available resources. USE OF PROCEEDS Bond proceeds will be used to refinance for savings certain maturities of the county's Series 2008 and Series 2009 full faith and credit obligations. PROFILE The county serves a population of 189,000 people across 3,055 square miles in central Oregon. The county is a non -home rule county governed by an elected three-member board of commissioners. METHODOLOGY The principal methodology used in these ratings was US Local Government General Obligation Debt published in December 2016. Please see the Rating Methodologies page on www.moodys.com for a copy of this methodology. REGULATORY DISCLOSURES For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the credit rating action on the support provider and in relation to each particular credit rating action for securities that derive their credit ratings from the support provider's credit rating. For provisional ratings, this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com. Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review. Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating. Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating. 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CREDIT OPINION Deschutes County, OR 19 February 2019 Update to credit analysis following upgrade to Aal Contacts Wiltiarn Oh 11,415.274.1739 AVP -Analyst william.oh�Pnioodys_com Patrick Liberatore +1.415.274.1709 AVP Analyst patrick liberatoiepmoodys.Col ill CLIENT SERVICES Americas Asia Pacific Japan EMEA 1-212-553-1653 8S2-3551-3077 81-3-5408-4100 44-20-7772-5454 Summary Deschutes County Oregon (Aa1) benefits from a large a growing tax base that is supported by a healthy economy rooted in tourism. The county's financial profile is strong, characterized by ample reserves and liquidity. Debt and pension liabilities are modest. The fiscally conservative management team is also a credit strength. On February 19, we upgraded the county's issuer rating and full faith and credit obligations (GOLT) to Aa1 from Aa2. Credit strengths n Large and growing tax base Healthy reserve levels and liquidity Modest debt burden and manageable pension liabilities Credit challenges Average wealth levels n Rising pension costs Rating outlook Outlooks are not typically assigned to local government credits with this amount of debt outstanding. Substantial improvement in the county's wealth measures u Growth and diversification of the county's economic base Factors that could lead to a downgrade Substantial contraction of the county's tax base Material weakening of the county's financial profile, including declines in reserve levels and available liquidity Significant increase in debt or pension obligations MOODY'SINVESTORS SERVICE U.S, PUBLIC FINANCE; Key indicators Exhibit 1 Deschutes (County of) OR 2014 2015 2016 2017 2018 Economy/Tax Base $130,036 $135,257 $175,477 $170,709 $184,795 Total Full Value ($000) $22,132,314 $25,322,403 $28,841,302 $32,370,540 $36,739,204 Fbpulation 163,141 166,622 170,813 170,740 176,635 Full Value Per Capita $135,664 $151,975 $168,847 $189,590 $207,995 Median Family Income (%of USMedian) 93.4% 93.9% 95.9% 95.9% 95.9% Finances Operating Flevenue ($000) $130,036 $135,257 $175,477 $170,709 $184,795 Fund Balance ($000) $63,684 $53,277 $74,228 $77,196 $79,171 Cash Balance ($000) $65,749 $70,600 $95,596 $91,089 $100,092 Fund Bal ance as a% of Pevenues 49.0% 39.4% 42.3% 45.29/6 42.8% Cash Bal ance as a% of P avenues 50.6% 52.21/6 54.59/6 53.4% 54.20/6 Debt/Pensions Net Direct Debt ($000) $63,483 $57,908 $52,378 $46,888 $43,875 3 -Year Average of Moody's AN PL ($000) $350,163 $259,174 $211,763 $254,666 $314,628 Net Direct Debt / Full Value (%) 0.3% 0.21/6 0.21/6 0.1% 0.1% Net Dred Debt / Operating Fbvenues (x) 0.5x 0.4x 0.3x 0.3x 0.2x Moody's- adjusted Net Ranson liability (3 -yr average) to Full Value (%) 1.6% 1.0% 0.70/6 0.8% 0.9% Moody's- adjusted Net Penson Liability (3 -yr average) to Fbvenues (x) 2.7x 1.9x 1.2x 1.5x 1.7x Source: Moody's Investors Service u r= The county serves a population of 189,0000 people across 3,055 squarer. files in central Oregon. The comity is a non -home rule county governed by an elected three-member board of commissioners. Detailed credit considerations Economy and tax base: large tax base supported by recreational tourism and rapidly growing population The county's large tax and growing tax base is a credit strength. Located in central Oregon (Aa1 stable), the county covers 3,055 square miles and is a popular destination for recreational tourism and second homes, though the economy is rapidly diversifying to include retail, forest products, healthcare, manufacturing, and technology sectors. The county is the fastest growing in the state, with the population growing from 115,000 in 2000 to 187,000 in 2017. The county includes the cities of Bend (Aa2 stable) and Redmond (Aa3). Along with rapid population growth has come an expanding tax base. The county's 2019 real market value reached a high of $41.2 billion, an increase of 12.0% over 2018 and nearly double the 2013 low of $21.0 billion. County officials expect strong growth to continue as demand continues from both in-state and out-of-state migration. The tax base does not have notable taxpayer concentration. Socioeconomic measures are average, with median family income estimated at 95.9% of the US. Full value per capita, a proxy measure of wealth, is much stronger at $201,097, likely reflective of the higher value of second homes, Both the unemployment and poverty rates are below the state and national averages. This publication does not announce a (::edit rating a( lion- rot any credit rating, iefetenced in 9his publlcau0n, please see the ratings tab on the issuer/entity page on wwrwmoo<!ys.eoni for t:he niosY updated credit rating action in4onnation and rating; history. 2 19 February 2019 Deschutes County, OR: Update to credit anatysis following upgrade to Aa1 MOODWS INVESTORS SERVICE, U`S. PUBLIC FINANCE. Financial operations and reserves: healthy reserves and liquidity driven by strong economic growth and conservative practices The county's financial profile is healthy and a supportive credit feature. Fiscal 2018 financials show the county ended the year with $112.0 million and $79.2 million in total and available reserves in its operating funds!, respectively, equal to 60.6% and 42.8% of operating revenues. This is in line with the county's most recent five-year averages as a percentage of revenue, even as revenues rose at a rapid 8.0% compound annual growth rate since 2013. Because the county is heavily dependent upon property taxes, it is a significant credit strength that four of the five property taxes levied by the county and its county service districts are below their maximum rate, giving the county some future revenue generating capacity. Additionally, the county's assessed value is less than 60% of its real market value, giving it a sizable amount of room for declines in market values before there is any tax rate "compression." The county's operating revenues are principally from property taxes, though they are classified as a mix of intergovernmental sources (52.6% in 2018), followed by local taxes (37.6%), and charges for services (6.8%). The intergovernmental sources are principally state funds for health services, property tax levies for the Countywide Law Enforcement District and Rural Law Enforcement District paid to the Sheriff's fund, and state funds for roads supported by gasoline taxes, vehicle registrations, and federal payments. Local taxes consist principally of property taxes and a modest amount of hotel room taxes. The county's principal operating expenses are for public safety (48.6%), health and welfare (25.7%), and general government (9.6%). Operating expenses have grown at a similar rate to operating revenues in recent years, with the most rapid growth attributable to expenses for public health. Given the county's large fund balances on a nominal basis, the county is considering various ways to moderate its growth in future years. Though the county has no plans to draw down on its reserves, it is contemplating further adjustments to its property tax rates to shrink annual surpluses ($6.8 million in 2018). Future credit reviews will focus on the county's long-term ability to maintain structural balance as well as appropriate levels of reserves. LIQUIDITY The county has ample liquidity, an important feature considering the extent of its dependence upon property tax revenues. At the end of 2018, the county had $100.1 million in cash and investments, equal to 54.2% of operating funds revenues. Debt and pensions: modest debt and strong reserves help to manage growing pension costs The county has a very low debt burden of just 0.12% of full value and 0.2 times operating revenues. The county has future capital plans that include a new courthouse around 2021, but has not determined financing plans and may use existing cash on hand. The county is also looking at addressing its solid waste landfill needs given the expectation that additional capacity will be needed within the next decade. DEBT STRUCTURE The county's debt consists of fixed-rate obligations that mature in full through 2038. DEBT -RELATED DERIVATIVES The county has no debt -related derivatives. PENSIONS AND OPEB The county participates in the Oregon Public Employees Retirement System (OPERS). The county's 3 -year average of Moody's adjusted net pension liability (ANPL) is manageable at 0.86% of full value and 1.7 times operating revenues. ANPL reflects certain adjustments we make to improve comparability of reported pension liabilities. In 2018, the county made $8.5 million in contributions, equal to 4.6% of operating funds revenues. This is below our "tread water" indicator mark of $13.1 million, or the amount necessary to keep pension liabilities from growing under plan assumptions. This tread water gap is approximately 2.5% of operating funds revenues, which is moderate especially compared to many Oregon municipalities. Pension contributions will rise materially for at least the next six years for OPERS. Biannual contribution rates reflect unfavorable impacts of recent legal setbacks from the overturning of legislative reforms to slow the growth in pension benefit payments (the Moro decision), uneven investment returns the last few years, and changes to actuarial assumptions. Also, the system's assumed earnings 3 19 February 2019 Deschutes County, OR: Update to credit analysis following upgrade to Aa1 MOODY 'S INVESTORS,SERYICE :U.S. PUBLIC FINANCE rate was cut to 7.2% from 7.5%, which alone will increase net pension liabilities for the next actuarial valuation. Positively, the county set aside $16.0 million in an OPERS reserve fund that it will use over the next several years to moderate the rising contribution rate. The county participates in two OPEB plans. The first is the Retirement Health Insurance Account (RHIA), a cost-sharing, multi-employer defined benefit OPEB plan administered by OPERS. Under statute, RHI can contribute up to $60 per month towards the monthly health insurance costs of eligible members. The city also administers a second plan (the "Deschutes County Retiree Health Plan), a single -employer defined benefit post -employment health care plan. The county reported a net OPEB liability of $34.4 million in 2018. According to Moody's approach to analyzing OPEB liabilities, the county's adjusted net OPEB liability is equal to 17.7% of revenues and J ust 0.08% of full value. Management and governance: strong institutional framework and policies Oregon Counties have an Institutional Framework score of Aa, which is high. Institutional Framework scores measure a sector's legal ability to increase revenues and decrease expenditures. Property tax, a major revenue source, is subject to a cap which can be overridden with voter approval only. However, the cap of approximately 3% for most properties still allows for moderate revenue - raising ability. Unpredictable revenue fluctuations tend to be minor, or under 5% annually. Across the sector, fixed and mandated costs are generally less than 25% of expenditures but growing pension contributions are increasing fixed costs burdens. However, Oregon has public sector unions, which can limit the ability to cut expenditures. Unpredictable expenditure fluctuations tend to be minor, under 5% annually. The county has adopted a number of financial policies that are supportive of its strong credit position. This includes policies on fund balance, investments, and debt. The county targets an unrestricted fund balance equal to four months of estimated annual property tax collections. The county is a non -home rule county governed by an elected three member commission. Day-to-day operations are managed by a chief administrative officer. Endnotes 1 Operating funds include the county's General Fund, Sheriff Fund, Rural Law Enforcernent. 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REPORT NUMBER 1/612115 19 Pebmary 2019 Deschutes County, 0R: update to ocdit analysis following upgrade to Aa'I MOODY'S INVESTORS SERVICE U.S. PUBLIC FINANCE CLIENT SERVICES Americas 1-212-553-1653 Asia Pacific 852-3551-3077 Japan 81-3-5408-4100 E M EA 44-20.-7772-54S4 ®ODY''S INVESTORS SERVICE 19 February 2019 Deschutes County, OR: Update to o edit analysis following upgrade to Aa1 -c 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 Work Session of March 6, 2019 DATE: February 27, 2019 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: Bond Sale Results RECOMMENDATION & ACTION REQUESTED: Discuss Results of Bond Sale ATTENDANCE: Wayne Lowry, Finance Director/Treasurer SUMMARY: The Board authorized the Finance Director in October 2018 to move ahead to refinance the 2008 and 2009 bonds. In November 2018, the County negotiated with First interstate bank IUI d pl Ivale lJdnlf placement borrowing, vwinlg, i ivwever , 'Lille uann %Giiid not match iawh Li is potential rates from a market sale. The bid process for the market sale took place on Tuesday, February 26, 2019. There were ten bidders with the winning bid going to Fidelity Capital Markets with a True Interest Cost (TIC)of 1.88%. This was significantly less that the potential market rates from October 2018 which assumed a TIC of 2.88%. This sale resulted in a net present value savings of $854,951 over the remaining life of the bonds, more than double the savings estimated in October 2018. Wayne will be present at this meeting to discuss the bond sale and answer any questions. SUMMARY OF REFUNDING RESULTS Deschutes County, Oregon Full Faith and Credit Refunding Obligations, Series 2019 "*Final Numbers" Refunding of Refunding of 2008A 2009A Obligations Obligations Total _......,...... ... W .......... .... .. ....... ....................................................... .......... Dated Date 03/12/2019 03/12/2019 03/12/2019 Delivery Date 03/12/2019 03/12/2019 03/12/2019 Arbitrage Yield 1.842591% 1.842591% 1,842591% Escrow Yield Value of Negative Arbitrage Bond Par Amount 4,880,000.00 1,575,000.00 6,455,000.00 True Interest Cost 1.882451% 1.882198% 1.882389% Net Interest Cost 2.083373% 2.083055% 2,083295% Average Coupon 5.000000% 5.000000% 5.000000% Average life 5.538 5.543 5.539 Par amount of refunded bonds 6,080,000.00 1,970,000:00 8,050,000.00 Average coupon of refunded bonds 4,460289% 4,341654% 4.431313% Average life of refunded bonds 5.062 5.049 5.059 PV of prior debt 6,908,136.07 2,226,078.14 9,134,214.20 Net PV Savings 654,319.61 200,631.68 854,951.29 Percentage savings of refunded bonds 10.761836% 10,184349% 10.620513% Percentage savings of refunding bonds 13.408189% 12.738519% 13.244791% Prepared by PFM Page 2 ES CSG 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 Work Session of March 6, 2019 DATE: February 20, 2019 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: January 2019 Treasurer's Report and Financial Reports RECOMMENDATION & ACTION REQUESTED: Discussion of January 2019 Treasurer's Report and Financial Reports ATTENDANCE: Wayne Lowry, Finance Director, Treasurer SUMMARY: Monthly Report 4 c to d 0 0 0 o o 0 o e Nttcc)mf 00 0CD0 tGOtf�NO 46cli004MN6 M N O r —co w t0 at %t N0N 'V NON co �UF=ALL -LLL -O O oOO.N m to mto wcofl-r- M N N(ODO « O « O N N r EM °v ® N tV N r � fn w Eo r�or M6 DT In ow Q E N a i_ C C W C `� •W o e o 0 0pp 0 0 0 0 ti N N N of .- n" n tf> - N m80 (6 � Eo E � tt N 0 0 0 o o 0 o e Nttcc)mf 00 0CD0 tGOtf�NO 46cli004MN6 M N O r 0 0 N U N E N N at %t N0N 'V NON c �UF=ALL -LLL -O N m to mto h iyy'' o M •N-� N(ODO « O « O N N r EM °v ® N Q to d � y C Eo 7 M6 DT d Q E CrL C C W C `� •W o e o 0 0pp 0 0 0 0 ti N N N E000 a► ° a. tf> - 00 m80 (6 � Eo E O E N 0 N LO C O d W N � c � N .E C_ r t`o N C9 m a w - g d O J C O N C th c Q Lq 0 0 0 o o 0 o e Nttcc)mf 00 0CD0 tGOtf�NO 46cli004MN6 M N O r -)d � .yr CO We N U N E N N m H NO c �UF=ALL -LLL -O In C m to mto h iyy'' o 0 •N-� Nt--It « O « O N I- N EM °v ® N +�+ C C to d y C Eo M6 DT d E CrL C C W C `� •W o e o 0 0pp 0 0 0 0 ti N N N a► ° a. tf> - m80 (6 � Eo E U! r N LO C O d W N � c � 0cLE t`o N C9 m a w - d O J C O N C th c Q Lq IL mm o tv a o� N O 10- dtia c to- -y- V -j LL rD p g U ? U- 6 0 0 0 o o 0 o e Nttcc)mf 00 0CD0 tGOtf�NO 46cli004MN6 M N O r to low V! GO)) W N tV Z -)d � .yr CO We N U N E N N OM NO W Oto S �UF=ALL -LLL -O In C Nt RN to h iyy'' o 0 •N-� Nt--It « O « O N to low V! GO)) W N tV Z -)d � .yr CO We N U N E N N a U c (D EL r t0 �UF=ALL -LLL -O d .0 N d � o E�o h iyy'' o « O « O O Q Z N N ll y C M6 DT d E CrL m80 (6 � G m N � � o Q N C W O N U- 6 O a_ mcg C Co GV fCl Q ~ LL (L. Jth N d .0 Portfolio Mansgement Portfolio Details • Investments January 31, 2010 CUSIP Security ,Broker Purchase _ Data Maturity Date Days To Ratings Maturity Moody. SBPIFitoh. Coupon Rats YTM 365 Par Value Market Value Beek Cali Value Data 912833KU3 U.S. Treasury CASTLE 1129!2018 2115/2019 14 1,913 1.997 2,000,000 1,898,240 1,998,512 812828SH4 'U.S. Treasury. 2/2212018. 2/28r2019 27_Aaa AA 1.375. 2060; 3,000.000, 2,997,720_ 2,998,502. 2021IiRAF7 Commonwealth BK Austr NY ,CASTLE , CASTLE 911&2617 311312019 40 Ao3 AA. 2 250 1,720, 2,600,000 2,599,194 2,601,580 - 88059E4G6 Valley Authority CASTLE 217/2018 311512019 42 �. 2002 2,090 1,020,00D- 1,016,644 1,017,618 - - 912834OD3 ,Tennessee U.S. Treasury. ;CASTLE 5/1812018 311512019 42,Aaa 0000 2,538, 77,000_ 76,791 76,782• - - 68607VS71 Oregon State Lottery '.CASTLE 415/2017 4/1/2019 59 A92 AAA 1,602 1.581 1,000,000 998,420. 1,000,035 317705AM3 FICO Strip CASTLE 5/1/2018 4/5/2019 63 Asa 9.700 2.344 2,050,000 2,075,707' 2.076.354 - - 459058FC2 International Bonds for Recons 'CASTLE 12115/2016 4/26/2019 84 Aso AAA 1.250 1.500 2,OD0,000 1,994,080 2,000,000 - - 90331HMY6 US Bancorp CASTLE 12.122!2017 4/2612019 84 At AA. 1.400, 2.000, 998.607, 1,000,000, / 997.220 3/26J2019 90520EAF8 MUFG Union Bank CASTLE 12IW2017 5/6/2019 94 A2 A 2.250, 2.185 1,352,000 1.349,877 1,352,165 4/612019 90520EAF8 MUFG Union Bank CASTLE 616/2018 5/6/2019 94 A2 A 2.250 2.650 1,648,000' 1,645,413 1,646,287, 4/612019 06406HBMO Bank of New York Mellon Corp CASTLE 11/16!2017 5/15/2019 103 Iii A 5.450 1.950. 1,000,000 1,007,560 1,009,917 - - 3133EGAV7 Federal Farm Credit Bank CASTLE 311/2018 5!17/2019 105Aaa AA+ 1,170. 2.210 2,000,000 1,993,060 1,993,985, - 62889KAD3 National Credit Union Assoc CASTLE 3!29/2018. 6/12./2019 131 Asa AA- 3.000 2.301 1,240,000 1,241,736, 1,243,007, - - 250351FJ7 TDeschutesCounty Ole SchDist PJ -; 811672016_ 611512019_ 134,Aal 1.360 1.360 245,000 243,868 245,000 - 938429866 Washington County SD Munic.pal PJ 5/11/2017 611 W2019. 134 Aal 1.488 1,488 400,000 398,264 400,000 912876XV7 'U.S. Treasury PJ 11/276018 6/3012619 149 Aaa ,AA 1.250 2.567, 3,000,000 2.985,240 2,983,991 - 91412GSB2, University of California CASTLE 1112912018 71112,019 150'A AA 1,796 2,774_: 1,500,000, 1,494,885, 1,493,972 - 76116L-FU9 RFSCP STRIP PRIN CASTLE 11/31112018 711512619. 164 2,655• 2768 3,000,000 2,984,780 2,963,718 - 3137EAB1 Federal Home 1. vanMtgCorp CASTLE 7/20/2016 7/19/2019 160Aaa 0.875, 0.957. 1,000,000, 992,630 999,823 - 912828W W6 U.S. Treasury ,DA DAV 111276018- 7/3112011) 180Asti1.629 _AA- 2.6101 3,000,000, 2,987,700; 2,985,556, - 13034PZD2 CALIFORNIA ST HOUSING FINANCASTLE 111212,017 &112019, 181 Al AA 1,952 1,850: 1,070,000. 1,066,244 1,070,530 - - 3135GON33 Federal National Mtg Assn CASTLE &1812016 8!712019 187. Aaa AA+ 0,875 1.000. 1.000,000' 991,800 999.381 - 691140BJ6 Dominion Bank ;CASTLE 2/5/2018, 8/13/2019 193Aa1 AA- 1450, 2.360 6,000,000 4,967,450, 4.976,298 - - 912833KW9 ,Toronto _ CASTLE &2412018, 811312019- 195Aaa AA 0.000 2A94, 2,000.000. 1,973,460 1,974223, - 912828LJ7 ,U.S-Treasury U.S. Treasury CASTLE 312112016, &1512019, 195 Ago -AA+ 3.625 2.250, 2,000,000 2,011,960 2,014.401 - - 798189PS6 SAN JOSE EVERGREEN COMM , C PJ &5601 91112019 212 Aal AA- 2.657 2.659 600,000 499.630, 500,000 - 06406ttCW7 Bank of New York Mellon Corp CASTLE 1113/2016 9/11/2019 222 At A 2.300 1,532 1,675,000 1,669,523; 1,681,811 8111/2019 88059F014 Tennessee Valley Authority CASTLE 51212018 911512019 226 2.4222.555 1,020,000 1,002,323 1,004,489 - - 48125LRG9 JPMorganChase- CorporateN CASTLE 6/28/2017 9123/2019 234Aa2 A+ 1,650, 1,840 1,300,000 1,291,082 1,298,590 8/23/2019 48125LRJ3 JPMorganChose- CorporateN CASTLE: 4/10/2017 9123/2019 234'Aa2 3,414 2,360 3,000,000 3,007,170 3,005,813 - - 317705AP6 FICO Strip CASTLE 12/20/2018, 966/2019 237 Ane ,A+ 8.600 2.709 2,800,000 2,908,080 2,905,685 - 313586RC5 Federal National Mtg Assn CASTLE 12/4/2015 10/9/2019 250 AA 1,891. 2031 1,400,000 1,375,024 1,381,616 - 313586RC5 Federal National Mtg Assn CASTLE 3/17/2016 1019/2019 250 AA 1.665. 1.774 600,000 589,296 593,063 - - 313586RC5 National Mtg Assn CASTLE . 818/2G1 6, 1019/2019 250, AA 1,252 1.318, _ 400,000. _____ 992,8641 396,522 313586RC5 ,Federal Federal National Mtg Assn CASTLE 11122/2017 1019/2019; 250 AA 1,928 2.030 3,600,000 3,535,776 3,551,799 - - 76116FAA5 RFSCP STRIP PRIN CASTLE 9121/2017 10/15/2019 256 1.499 1.572 1,000,000 981,850 989.342 - 76116FAAS RFSCP STRIP PRIN CASTLE 7/1912.018 10115/2019 256 2.506 2.636 1,000,000 981,850 982,177 - - 76116FAA5 STRIP PRIN CASTLE - 9/12/2018 10115/2019 256 2.560 2.688 2,000,000 1,963.700 1,963.594 - - 3135GOR39 ;Federal National MtgAssn CASTLE 11/10/2016 10/24/2019 285 Ann AA, 1.000 1.173 2,000,000 1,977,420 1,997,528• - 90331HML4 'US Bancorp CASTLE 11/19/2018! 10/2812019, 269.A1 AA- 2.125 3.050' 1,600,000, 1.592,944 1,589,249, 9/28/2019 912828F62 Treasury ;CASTLE 10/1112016, 10!31/2019 272 Aaa AA+ 1.500, 1.008- 2.000,000 1,984.620,. 2,007,204, - 9612146K8 ,US. Wostpac. CASTLE 8fJ0/2017 1111912019, 291,A03 AA- 4.875, 1-828 2,00D,000 2,031,840, 2,D47,579_ - - 912828G95 U.S. Treasury ,PJ 1116/2018. 12/3112019 333,Aas 1625' 2.000 2,000.000 1,982,960 1,993,320. - gitmLi5.?.. ;"JclsFargo Corporate Note CASTLE 1/2312018' 1/1W2020 u8. Aa2 :A+ 2.400,. 2,444.... 3,D00,000�. X988,270. 2,998,782. 3137EAEE5 Federal Home Loan Mtg Coro CASTLE , 12/19/2018 1/776070 350 Aaa AA+ , 1.500 2,770; 1,50D,000, 1,485,015 1.482,076, - - 3135GOA78 Federal National Mig Assn PJ 12/2112018 112112020 354 Aga AA+ 1.625' 2.665'. 2,000,0D0� 1,982,180 1,980,183 373DACRPI Home Loan Bank RWB 17.1216018 21712020 371 Aaa AA, 1.680 2.682, 2,000,900 1,981,700 1,980,041 - 694918AYO ,Federal MicrosofiCorp 'CASTLE 8/8/2016 2/12/2020 376'Aaa AAA , 1.1150' 1,298 1,000,000 991,900 1,005,547 1112/2020 3133EJDCO Federal Farm Credit Bank CASTLE 3Jt2/2018 2M.&2020 384Aoa ,M+ 2,150 2,360 925.000. 920,634, 924,794, 2/20/2019 89236TCFO ,Toyota Mir Cred•Corp N . CASTLE 12/12/2018 311212020, 405.Aa3 ,AA• 2,150, 3:301 2,000,000 1,986,920, 1,975,049 - - W2826J94 U.S. Treasury DA DAV 912&2018 W3112020 424,Asa AA+ 1.375 2760; 2,000,000 1,973,120 1,968,717 - - 13063CSO4 California St VINISP 9/2112017 411/2020 426Aa3 AA- 1.8001.800 780,000 772,153 780,000 - - 3137EAEM7 Federal Home Loan Mig Corp CASTLE 4/1912018 412312020 447 Asa AA- 2.,500 2..511 2,UOQ000 1,999,780 1,999,731 - 03783'38159 Apple Inc CASTLE 1/15/2019 5/612020 460 Aal AA+ 2 918 3.001 2,000,000 2,004,180 2,004,436 - - 961214CP6 CASTLE 8/21/2018, 5/26/2020 480 Aa3 .AA. 2.300.,. 3.015 1,DOQODD 992,190 990,867 - - 3134GBNK4 ,Wostpac Federal Home Loan MlgCorp 7/1312017 51296020 483Aaa AA- 1,625. 1.671, 3,000,000 2,964,960, 2.999,319 512912019. 736688'D2 Portland Community College ;CASTLE PJ 1112.7/2018 &1/2020 486,Aal AA+ 3.126 3.126 515,000 517,312, 515,000 686053CK3 Oregon School Boards Assoc CASTLE 3/15/2017 6130/2020' 515 A92 'A+ 2,063, 2.149 1,000,000 960,760 970,898' 569203MA7 Salem-Keizer School District 'CASTLE 7/2612017 . _ 6/30/2020515.Aa2 2107 1.778,, 2,310,000 2,290,943 2,320,352 - - 686053DH9 ;Oregon School Boards Assoc �DA DAV 1102015 6130!7.020_ 515,Aa2 ,AA 5.373, 2.050, 875,000, 906,031, 914,009, - 686053OH9 Oregon School Boards Assoc CASTLE 6/2412018 6/30120'20 515 Aa2 AA 5.373. 1.570, 500.000 518,875 525.955 - - 94974BGM6 �WellsFargoCorporateNote 'PJ IAW2017 7122/2020 537 A2 A- 2.600 2.350 1,000,OOD' 996,680 1,003,519 3136G4PC1 MtgAssn 'Pi 12/13/2018 7/2412020 539Aaa AA+ 1.750 2.8'2,0 1,275.000 1,260,593 1,255,373 412412019.. 3136G4NP4 _-FederalNational Federal National Mtg Assn MORETN 12/13/2018 764/2020 539Aaa AA+ 1.800' 2.820 1,000,000 988,790. 965,322 4/24/2019. 90331HNW9 U S Bank - Corp Note -CASTLE 12/18/2018 7/2412020' 539'A1 AA- 3,029 3.208 1,500,000 1,600,660 1,496,708_ 6124f2020, 3130A5Z77 Federal Home Loan Bank MORETN' 12/21/2018 7/29/2020 544 Aaa AA+ 1.830' 2.691 2,000,ODO 1,980,220' 1,974,962 9128284Y3 !U.S. Treasury MORETN 9/28/2018 &31/2020 577 Asa AA+ 2.625 2.818, 2,1081,000 2,003,620, 1,994,101 - 053015AD5 AUTOMATIC DATA CASTLE 266Q018' 9/15/2020 592 Aa3 AA 2250, 2.570 2,710,000 2,691355, 2,696,447, 811512020 91282BL65 U.S. Treasury. GASTLE 9117/2018 913012020_ 607 Aaa AA- -A+ 1.375 2751 2,000.000 1,963600 1,955,862, - - 940093R25 Washington Univ Higher Ed PJ 1119/2017- 10/1/2020 608.Aa3 5.930 1.970 400000 420040, 425,333, - - 45905U7J7 IntemationaiBonds for Recons CASTLE 2/9/2018 10/5/2020_ 612;Asa 1,625 2.474, 2,000,000 1,973380, 1,979,277 415/2019'1 4590507,17 International Bonds for Recons CASTLE 1 06 612 01 8_ 10/5/2020 612 Asa -AAA AAA 1.625 3.065 820,000 809,086, 804,660 415120191 76116FAE7 RFSCP STRIP PRIN CASTLE i&46018 10/15/2020 622; , 2.764 2.951, 2.445,000 2.339.841 2,328 235: - - 3130AF5G6 Federal Home Loan Bank CASTLE 10122/2018' 10122607-0 629 Aso AA+ 3,000 3.000 2,000,000, 2,001 480 2,000 006 4122120191 492244DV7 Kenn Community College -CASTLE 11/1612016 11/112020 639, AA- 2893 1800 500,000 501,520, 509,189 - - 3130AF871 Federal Home Loan Bank .CASTLE - I V1512018 111212020 640 Aaa AA+ 3.050' 3.049. 3,OOQ000' 3,002,310. 3,000.000 5/212019 3134GBX86 Federal Home Loan Mtg Corp CASTLE 12/13/2017 11!24/2020 662 Aaa AA+ 2.250 2.172 3,000,000 2,985,030 3,000.000_ - - 3134G8JH3 Federal Home Loan M19 Corp CASTLE 12/2712017' 2117/2021 747 Asa AA+ 2.000 1,715 2,000,000 1,994,760 1,999,075 2/176019 3134GSK87 'Federal Home Loan Mtg Corp 'MORE1'N' 1212812018' 312612021' 784'Aan AA- 3.000 3,001' 2,000,000 2,000,580; 2,000.000 3Y26/2019 B92367'EV3 Toyota Mir Cred - Corp N CASTLE 1/9/2019 4/13/2021 802 Aa3 AA- 3,077 3,288 2,000,000 1,998,380 1,988,018 - - 3136G4NN9 Federal National Mtg Assn CASTLE 10/18/2017 5/24/2021 843 Aas AA+ 2.000 2.000 1,080,000 1.062,709 1,080,000 2,124/2019 695114CMB Pacific Corp CASTLE 1 112 912 0 1 8 &151207.1. 565At `A+ 3.850 9,390. 1,170,000 1,191,867 1,183,177, 311512021 695114CMB Pacific Corp CASTLE 121612018' 6115/2021' 865 A7 �A+ 3,850 3,351 830,000 84u513, 839,342, 3/15/2021 3134GSK79 .Federal Home Loan Mtg Corp 17J2&2018� &28/2021 878,Aaa AA+ 3.030 3.030, 3,000,000 3,002.,730 3,000,000 6r2812019 3134GSWC5 Federal Home Loan Mtg Corp .MORETN CASTLE 12072016' 8/2712021 938 Asa AA+ 2.900 2.919 3,000,000 2,999,970 2.998553 2676019 3134GSUL7 Federal Home Loan Mtg Corp CASTLE 1/7/2019 9/7/2021 949 Asa AA- 3.000 2.979 2,000,000 2,000,320 2,000,975 ;3!712019 3134GSN68 Federal Home Loan Mtg Corp R W B 12/21/2018 9/21/2021 963'Aaa .AA+ 3.030 3.031. 2,0(X'000. 2001,540 2.000,000. 6/21/2019 45905UC36 International Bonds for Recons 'CASTLE 7/1612018` 9/2812021, 970'Aaa AAA 2000. 2.967, 2,000,000 1,941,400, 1,951,319: • - 695114CPt Pacific Corp CASTLE 9125/2018 2/16022 1098A1 'A+ 2.950 3,320. 700,000 700,042 692,6114 11/1/2021 586053801 iOregon School Boards Assoc MORETN 9/146018 6/30/2022 1245'Aa2 AA 5.480. 3,120. 925,000, 1,007,797 994,724. - - Local Govt Investment Pool 2.760 2.750, 48.896,702 48,896,702 � 46,696,702,,,. Firstlnterstate - 2.7501 2.7507' 5207440 5207440 ,5207,440 - ,First '7 961 142 207 346 972 207 586 261 vTES CO o`��� Countywide Summary All Departments Activity thru January of Fiscal Year 2019 RESOURCES 001 - General Fund 030 - Community Justice 160/170 - TRT 220 - Justice Court 255 - Sheriffs Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 618 - RV Park 670 - Risk Management 675 - Health Benefits 705-911 999 - Other TOTAL RESOURCES REQUIREMENTS 001 - General Fund 030 - Community Justice 160/170 - TRT 220 - Justice Court 255 - Sheriffs Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 58.3% Year Complete Fiscal Year 2018 479,897 118%; 358,600 Fiscal Year 2019 81% ; Budget Actuals % Budget Actuals % Projection % 21,411,563 12,995,972 61% ; 9,753,844 9,882,966 101%; 32,265,615 33,769,079 105% 33,938,668 30,180,347 89% ; 34,166,987 101%; 682,536 837,648 123% 786,286 392,046 50% 815,973 104%; 6,737,000 6,988,489 104% 7,282,600 5,612,872 77% 7,282,600 100%; 531,500 575,882 108%; 552,000 339,515 62% 582,026 105%; 36,864,968 37,936,659 103%; 39,225,869 35,784,503 91% 40,012,953 102%; 34,573,521 38,363,991 111%; 35,164,773 16,721,030 48% 37,777,226 107%; 7,338,533 7,776,653 106%; 8,153,746 4,512,007 55% 8,698,921 107%; 19,877,279 20,528,351 103%; 22,876,423 14,031,041 61% 23,386,687 102%; 5,421,974 6,042,821 111%; 6,360,818 5,046,888 79% 6,398,018 101%; 125,000 120,460 96% ; 959,104 121,321 13% ; 320,000 33% ; 10,657,799 11,089,132 104%; 11,868,613 6,695,953 56% 11,867,812 100%; 2,097,570 1,748,860 83% 1,392,000 630,464 45% ; 1,513,231 109%; 407,198 479,897 118%; 358,600 291,360 81% ; 3,371,531 3,701,647 110%; 3,569,944 2,068,225 58% ; 21,585,803 22,015,955 102%; 21,411,563 12,995,972 61% ; 9,753,844 9,882,966 101%; 10,260,013 8,573,961 84% ; 26,153,016 28,876,425 110%; 28,694,557 18,647,887 65% ; 218,444,687 230,734,916 106% 232,855,577 162,645,392 70% ; 477,974 133%: 3,615,944 101%: 22,242,672 104%: 10,306,886 100%: 28,824,452 100%: 238,290,362 102%: Fiscal Year 2018 1Fiscal 55% ; Year 2019 99% ; Budget Actuals % Budget Actuals % Projection % 15,986,747 15,378,686 96% ; 17,401,109 9,379,984 54% ; 16,886,859 97% ; 6,512,859 6,375,507 98% ; 7,040,903 3,830,318 54% ; 6,815,107 97% ; 3,315,354 2,915,584 88% 2,335,678 1,476,330 63% 2,335,678 100%; 628,863 600,334 95% 658,081 384,769 58% 656,974 100%; 40,755,403 39,361,408 97% ; 43,292,551 41,383,026 96% ; 7,032,569 6,252,475 89% ; 20,105,847 12,990,350 65% ; 6,299,725 5,807,233 92% ; 3,395,701 2,933,626 86% ; 42,853,022 23,497,653 55% ; 42,447,189 99% ; 44,694,683 23,163,072 52% ; 43,298,852 97% ; 7,726,157 4,246,066 55% ; 7,498,461 97% ; 14,689,753 6,235,637 42% ; 13,220,753 90% ; 6,505,128 3,558,054 55% ; 6,306,035 97% ; 8,309,501 4,067,036 49% ; 7,755,979 93% ; NOTE. Groupings between the Department Summary and their respective reports can differ; however, fund balance will agree between the reports. 1 �uIES CO G2{ Countywide Summary All Departments Activity thru January of Fiscal Year 2019 610 - Solid Waste 8,123,785 7,807,819 96% ; 8,310,720 3,983,749 48% ; 615 - Fair & Expo 2,481,387 2,533,077 102%; 2,452,285 1,412,137 58% ; 618 - RV Park 539,644 488,463 91% ; 521,971 318,720 61% ; 670 - Risk Management 2,766,326 2,477,933 90% ; 3,858,097 1,693,770 44% ; 675 - Health Benefits 22,398,292 22,323,217 100%; 23,144,255 11,050,684 48% ; 705-911 12,328,643 11,877,430 96% ; 13,379,064 6,319,858 47% ; 999- Other 45,4753827 37,887,487 83% ; 38,940,678 16,038,571 41% ; TOTAL REQUIREMENTS; 6,177,535 3,740,955 50% ; 6,179,235 100%; 295 - CDD (926,888) 241,439,523 219,393,653 91% ; 242,821,086 120,656,406 50% ; 58.3% Year Complete 8,153,597 98% ; 2,535,606 103%: 521,971 100%: 3,989,699 103%: 21,696,561 94% ; 11,628,125 87% ; 38,631,764 99% ; ; 234,379,209 97% ; NOTE. Groupings between the Department Summary and their respective reports can differ, • however fund balance will agree between the reports. 2 Fiscal Year 2018 Fiscal Year 2019 TRANSFERS Budget Actuals % Budget Actuals % Projection % 001 - General Fund (17,331,380) (17,361,807) 100% (18,077,559) (9,970,526) 55% ; (18,114,616) 100%; 030 - Community Justice 5,528,643 5,528,643 100% 5,744,015 3,357,927 50% ; 5,744,015 100%; 160/170 - TRT ; (3,423,509) (3,423,509) 100% (4,649,866) (2,589,727) 56% (4,649,866) 100%; 220 - Justice Court 70,000 70,000 100% 30,000 17,500 58% ; 30,000 100%; 255 - Sheriffs Office 2,879,521 2,879,521 100% 2,981,253 1,824,270 27% ; 2,981,253 100%; 274 - Health Services 4,093,873 4,093,873 100% 6,177,535 3,740,955 50% ; 6,179,235 100%; 295 - CDD (926,888) (1,162,241) 125% (1,152,624) (576,223) 50% (1,748,436) 152%; 325 - Road (6,000,000) (6,000,000) 100% (14,464,308) (8,232,154) 57% ; (14,464,308) 100%; 355 - Adult P&P 407,189 407,189 100% 165,189 106,360 50% 165,189 100%; 465 - Road CIP 5,275,400 4,578,054 87% ; 13,811,725 6,232,154 45% ; 13,517,928 98% ; 610 - Solid Waste ; (2,580,000) (2,580,000) 100%; (4,688,023) (2,125,015) 45% ; (4,688,023) 100%; 615 - Fair & Expo 580,918 543,196 94% ; 1,220,994 792,810 85% ; 1,147,996 94% ; 618 - RV Park 160,000 160,000 100%; 160,000 160,000 100%: 160,000 100%; 670 - Risk Management (1,000) (1,000) 100%; (3,168) (1,584) 50% ; (3,168) 100%; 705-911 - - 999%: - - 999- Other 11,267,233 12,268,080 109%; 12,744,837 7,263,251 92% ; 13,742,801 108%; TOTAL TRANSFERS - - - NOTE. Groupings between the Department Summary and their respective reports can differ, • however fund balance will agree between the reports. 2 V(ES C o2< Countywide Summary All Departments Activity thru January of Fiscal Year 2019 FUND BALANCE 001 - General Fund 030 - Community Justice 160/170 - TRT 220 - Justice Court 255 - Sheriffs Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 618 - RV Park 670 - Risk Management 675 - Health Benefits 705-911 999- Other TOTAL Budget Actuals % Budget Actuals % 8,947,488 11,946,544 9,350,000 22,776,382 898,320 1,348,881 689,399 1,268,537 810,429 1,566,452 2,261,401 3,113,267 57,637 157,990 67,919 130,237 10,102,086 14,873,445 13,191,907 28,984,564 3,809,316 9,304,552 3,850,339 6,603,466 1,019,462 2,529,615 1,478,676 2,219,334 2,456,021 10,314,842 2,416,014 9,878,092 904,438 2,333,720 2,220,879 3,928,914 8,260,123 9,588,827 14,148,365 11,875,266 569,886 1,938,991 600,000 2,526,180 422,101 (60,285) 160,709 (49,148) 252,554 443,480 315,629 576,120 5,501,841 6,582,283 5,308,679 6,955,154 14,187,511 15,075,316 14,318,894 17,020,604 7,225,201 8,660,615 5,505,949 10,914,718 46,314,853 58,438,531 59,065,233 68,311,0099 111,739,267 155,043,801 134,969,991 197,032,787 58.3% Year Complete Projection % 11,112,056 1,093,763 2,261,401 113,042 15,420,463 9,962,161 1,981,639 6,016,468 2,590,892 15,670,776 965,183 65,336 559,483 6,205,360 15,621,427 7,339,376 3�4 02 VL,JI , 02 .0 159,352,847 NOTE. Groupings between the Department Summary and their respective reports can differ; however, fund balance will agree between the reports. 3 General Fund Schedule of Financial Operating Data Year to Date July 1, FY 2018 2018 through January 31, 2019 (58.3% of the year) % of Actual Actual Budget FY 2019 Budget Projected I Variance Revenues Property Taxes - Current $ 26,803,012 $ 25,828,687 94% a) $ 27,337,385 $ 27,530,754 193,369 Property Taxes - Prior 500,406 297,386 80% 370,000 370,000 - Other General Revenues 3,190,552 2,151,739 80% b) 2,685,500 2,755,500 70,000 Assessor 847,520 665,007 76% c) 870,658 870,658 - County Clerk 1,796,418 1 921,793 52% 1,787,270 1,752,870 (34,400) BOPTA 12,468 9,811 77% c) 12,700 12,050 (650) District Attorney 226,561 42,527 11% fj 389,782 389,782 - Tax Office 201,617 164,908 83% c) 198,950 198,950 - Veterans 162,223 86,822 52% g) 166,423 166,423 - Property Management 99,502 11,667 10% h) 120,000 120,000 - Total Revenues 33,840,279 30,180,347 89% 33,938,668 34,166,987 228,319 Expenditures Assessor 4,240,703 2,616,242 54% d) 4,802,452 4,698,084 104,368 County Clerk 1,529,074 927,281 50% d) 1,845,477 1,829,192 16,285 BOPTA 65,271 1 41,362 57% d) 73,125 73,211 (86) District Attorney 6,601,913 3,876,280 53% d) 7,372,932 7,014,075 358,856 Medical Examiner 158,160 81,824 47% 173,129 165,129 8,000 Tax Office 791,044 462,014 53% d) 872,020 850,257 21,763 Veterans 492,616 332,092 58% d) 577,G °87 JI L 571,485 802 Property Management 253,495 159,845 56% d) 287,858 283,635 4,222 Non -Departmental 1,259,222 883,043 63% 1,401,829 1,401,790 39 Total Expenditures 15,391,498 9,379,983 54% 17,401,109 16,886,859 514,249 Transfers In - 159,065 49% e) 326,122 289,065 (37,057) Transfers Out 17,420,195 10,129,590 55% 18,403,681 18,403,681 - Total Exp & Transfers 32,811,693 19,350,508 55% 35,478,668 35,001,475 477,192 Change in Fund Balance 1,028,586 10,829,839 (1,540,000) (834,488) 705,511 Beginning Fund Balance 10,917,957 11,946,543 110% 10,890,000 11,946,543 1,056,543 Ending Fund Balance $ 11,946,543 $ 22,776,382 $ 9,350,000 $ 11,112,055 $ 1,762,055 Expenditures Recap by Budget Category Personnel 10,617,386 6,558,583 54% 12,080,220 Material & Services 4,606,437 2,772,496 53% 5,252,889 Capital Outlay 167,675 48,904 72% 68,000 Total by Category $ 15,391,498 $ 9,379,983 54% $ 17,401,109 a) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted. b) PILT payment of $500,000 received in July. Includes $194,554 of Marijuana tax. c) A & T Grant received quarterly. Q1 - July; Q2 - October; Q3 - January; Q4 - April. d) Savings related to FTE vacancies YTD and forecasted vacancy rates consistent with YTD experience. e) Repayment to General Fund from Finance for ERP Implementation and Humane Society loan closeout. f) Criminal Justice grant of $152k awarded in October, yet to be drawn upon. g) Oregon Dept of Veteran's Affairs grant reimbursed quarterly. h) Interfund land -sale management revenue recorded at year-end. E! Revenues OYA Basic & Diversion ODE Juvenile Crime Prev Leases Inmate/Prisoner Housing DOC Unif Crime Fee/HB2712 Food Subsidy Gen Fund -Crime Prevention Interest on Investments OJD Court Fac/Sec SB 1065 Contract Payments Case Supervision Fee Miscellaneous Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In -General Fund Transfers Out-Veh Reserve Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Community Justice- Juvenile Schedule of Financial Operating Data $ 417,385 Year to Date July 1, 49% a) 2018 through FY 2018 January 31, 2019 67,130 (58.3% of the year) 22% g) 91,379 % of Actual Actual Budget $ 417,385 $ 197,486 49% a) $ 407,113 $ 407,113 $ - 67,130 20,044 22% g) 91,379 91,379 - 86,315 51,295 60% e) 85,000 86,931 1,931 133,500 46,650 67% b) 70,000 85,000 15,000 35,220 17,472 50% 35,000 35,000 - 22,206 7,072 38% d) 18,744 14,000 (4,744) 20,000 10,000 50% c) 20,000 20,000 - 21,264 17,173 69% 25,000 30,000 5,000 17,107 15,057 89% b) 17,000 30,000 13,000 8,075 5,356 67% 8,000 8,000 - 6,087 3,511 50% 7,000 6,500 (500) 3,359 930 392,046 31130,089 45% 50% 55% f) 2,050 786,286 5,705,245 2,050 815,973 5,521,541 - 29,687 183,704 837,648 5,149,243 1,226,264 692,662 52% h) 1,327,658 1,286,000 41,658 - 7,566 3,830,318 3,401,427 95% i) 54% 58% 8,000 7,040,903 5,831,015 7,566 6,815,107 5,831,015 434 225,795 - 6,375,507 5,597,643 69,000 43,500 3,357,927 (80,344) 50% 58% 87,000 5,744,015 (510,602) 87,000 5,744,015 (255,119) - - 255,482 6,528,643 (9,217) 1,358,098 1,348,881 $ 1,268,537 112% 1,200,000 $ 689,398 1,348,881 $ 1,093,762 $ 148,881 404,363 $ 1,348,881 a) Quarterly payments received after reimbursement requested. b) Projected upward due to year to date revenue received. c) Quarterly payments. d) Projected downward due to year to date revenue received. e) Leases paid month in advance. Increased projection due to short-term lease ending December 2018 f) Projected downward based on detention and community service vacancies experienced to -date. g) Quarterly payments after reimbursement. 1st quarter payment received 1/8/19. h) Projected downard due to lower than budgeted offender services expenditures. i) One-time expense. Projection updated. 5 Sheriff's Office and LEDs Schedule of Financial Operating Data Revenues Year to Date July 1, FY 2018 2018 through January 31, 2019 (58.3% of the FY 2019 year) Property Taxes Actual Actual I Budget Budget Projected Variance Revenues LED #1 Countywide Property Taxes Current Year $ 22,428,903 $ 23,410,906 94% a) $ 24,792,245 $ 24,922,722 $ 130,477 Prior Year 360,299 230,691 77% 300,000 325,000 25,000 Foreclosed Properties 33,979 - 0% - - - Interest 157,047 139,528 96% 145,000 235,000 90,000 Total LED #1 Countywide 22,980,228 23,781,125 94% 25,237,245 25,482,722 245,477 LED #2 Rural Property Taxes Current Year 10,058,115 9,466,422 94%a) 10,043,598 10,077,740 34,142 Prior Year 163,202 104,167 69% 150,000 146,000 (4,000) Foreclosed Properties 15,221 - 0% - - - Interest 124,758 100,480 84% 120,000 185,000 65,000 Total LED#2 Rural 10,361,296 9,671,070 94% 10,313,598 10,408,740 95,142 Sheriff's Office Revenues 7,746,923 4,231,011 61% b) 6,929,945 7,104,745 174,800 Total Revenues 41,088,446 37,683,206 89% 42,480,788 42,996,206 515,418 Expenditures Sheriffs Services 2,604,354 1,595,261 53% c) 2,997,984 3,008,904 (10,920) Civil/Special Units 1,364,969 712,980 60% 1,181,695 1,210,681 (28,986) Automotive/Communications 2,363,693 1,313,833 50% d) 2,644,786 2,656,754 (11,968) Detective 1,886,714 1,215,111 60% e) 2,033,077 2,114,531 (81,454) Patrol 9,660,880 5,804,598 58% 10,003,953 9,885,873 116,00800 Records 793,478 522,395 59% 881,182 928,052 (46,870) Adult Jail 16,858,723 9,894,009 53% f) 18,630,764 17,738,632 892,132 Court Security 490,186 310,863 56% 551,494 526,484 25,010 Emergency Services 388,607 199,130 61% g) 328,581 327,777 804 Special Services 1,570,443 832,181 55% 1,520,623 1,485,846 34,777 Training 693,517 472,702 71% h) 667,647 813,815 (146,168) Other Law Enforcement Services 834,610 588,735 58% 1,017,266 1,084,202 (66,936) Crisis Stabilization Center 71,424 5,430 1% 1) 559,308 559,308 - Non -Departmental 52,077 104,859 97% j) 108,329 108,329 - Total Expenditures 39,633,673 23,572,086 55% 43,126,689 42,449,188 677,501 Change in Fund Balance 1,454,773 14,111,119 (645,901) 547,018 1,192,919 Beginning Fund Balance 13,418,672 14,873,445 107% 13,837,807 14,873,445 1,035,638 Ending Fund Balance $ 14,873,445 $ 28,984,564 $ 13,191,906 $ 15,420,463 $ 2,228,557 a) TAV came in 0.3% higher than budgeted for LED #1 and 0.2% for LED #2. b) Prisoner Housing (SB 395) projected to exceed budget. c) Parking Lot project phase 3 pending. d) New & Current Automotive supplies will catch up in Q3. e) Vehicles budgeted for FY19 all purchased in Q2. f) Significant savings from vacant FTE, partially offset by higher overtime costs. g) Annual Intergov't Regional Center payment made in January, offset by YTD Overtime savings. h) Firearms and Ammunition purchases occur at the beginning of the year, plus high OT from new training. i) Money for this project has not been spent yet. j) Includes annual transfers from Fund 701/702 to Fund 256 for Equipment Reserve. NOTE: Personnel savings are reflected assuming current vacancy rates experienced will be maintained throughout the year. C*1 Revenues State Grants CCBHC Grants OHP Capitation Environmental Health Fees Federal Grants Patient Fees (including State) Local Grants Title 19 State Miscellaneous Liquor Revenue Divorce Filing Fees Interfund Contract -Gen Fund Vital Records Interest on Investments Other Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In - General Fund Transfers In - PH Reserves Transfers Out Total Transfers In / Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Health Services - All Divisions Schedule of Financial Operating Data FY 2019 Budget Projected I Variance $ 12,496,729 Year to Date July 1, 55% through January FY 2012018 31, 2019 (58.3% of the 8,095,540 ear 7% a) 5,327,800 ao Actual]Actual 8,835,600 Budget FY 2019 Budget Projected I Variance $ 12,496,729 $ 7,344,327 55% $ 13,243,852 $ 12,931,680 (312,172) 8,095,540 373,708 7% a) 5,327,800 5,885,013 557,213 8,835,600 4,313,399 50% b) 8,652,200 9,864,900 1,212,700 963,885 914,160 78% e) 1,169,600 1,027,488 (142,112) 477,203 142,805 20% c) 729,000 878,000 149,000 1,944,011 1,034,922 75% d) 1,383,668 1,705,888 322,220 888,375 657,849 54% 1,208,623 1,276,279 67,656 1,450,730 907,526 67% d) 1,345,100 1,699,368 354,268 1,238,534 197,457 22% 899,734 1,152,136 252,402 604,464 75,078 50% 151,000 151,000 - 131,745 157,603 100% 157,603 157,603 - 127,000 105,546 83% 127,000 127,000 - 240,496 129,780 61% 212,000 231,900 19,900 114,846 103,885 77% 135,000 175,000 40,000 753,233 262,986 62% 422,593 513,971 91,378 38,362,392 16,721,030 48% 35,164,773 37,777,226 2,612,453 27,549,618 17,146,870 54% f) 31,775,838 29,815,724 1,960,114 13,714,180 5,991;422 48% a) 12,534,845 13.099,128 (564,283) 117,629 24,780 6% h) 384,000 384,000 - 41,381,427 23,163,072 52% 44,694,683 43,298,852 1,395,831 4,584,193 3,545,630 58% 6,078,223 6,078,223 - - 289,669 101% i) 288,000 289,700 1,700 490,320 94,344 50% 188,688 188,688 - 4,093,873 3,740,955 61% 6,177,535 6,179,235 1,700 1,074,839 (2,701,086) (3,352,375) 657,609 4,009,984 8,229,713 9,304,552 129% j) 7,202,714 9,304,552 2,101,838 $ 9,304,552 $ 6,603,466 $ 3,850,339 $ 9,962,160 $ 6,111,822 a) CCBHC wraparound payments are reimbursed on a quarterly basis. Projection updated to include year 1 CCBHC Expansion. b) Coordinated Care Organization payment received from Pacific Source. New contract effective 01/01/2019 reflects an increase. c) SAMSHA Crisis Co -responder grant; quarterly reimbursements begin in January 2019. Notice of Award received for crisis grant, of which $149,000 will be received and expended this fiscal year. d) There is an uptick in patient visits, and resulting revenue, relative to budgeted expectations. e) The majority of Environmental Health Fees are assessed/collected at the end of calendar year 2018. f) Savings are anticipated from a slow -down in hiring and future vacancy rates forecasted. g) Notice of Awards received for crisis grant and CCBHC expansion not reflected in budgeted amounts. h) $350k is budgeted to be spent to furnish a Crisis Stabilization center facility. i) Amounts transferred from Public Health Reserves to Public Health Operations per budget deliberations. j) Both an increase in CCHBC clients served, and an increase to the CCBHC reimbursement rate, during the last few months of FYI contributed to larger than projected revenues for FYI 8. Revenues State Grants CCBHC Grants OHP Capitation Federal Grants Patient Fees (including State) Local Grants Title 19 State Miscellaneous Liquor Revenue Divorce Filing Fees Interfund Contract -Gen Fund Other Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In - General Fund Transfers Out - Dept Admin Total Transfers In / Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Health Services - Behavioral Health Division Schedule of Financial Operating Data FY 2019 Budget Projected I Variance $ 9,727,563 Year to Date July 1, 56% 018 through January FY 201431, 2019 (58.3% of the 7,422,784 year) 9% a) 4,381,400 00ActualActual 350,570 8,835,600 I Budget FY 2019 Budget Projected I Variance $ 9,727,563 $ 5,737,241 56% $ 10,168,869 $ 9,809,508 (359,361) 7,422,784 373,708 9% a) 4,381,400 4,731,970 350,570 8,835,600 4,313,399 50% b) 8,652,200 9,864,900 1,212,700 172,019 52,188 19% c) 278,096 427,096 149,000 518,984 396,388 108% d) 368,400 646,108 277,708 11,928 85,746 21% e) 412,987 412,987 - 1,450,730 907,526 67% d) 1,345,100 1,699,368 354,268 731,145 4,935 1% 351,200 355,000 3,800 604,464 75,078 50% 151,000 151,000 - 131,745 157,603 100% 157,603 157,603 - 127,000 105,546 83% 127,000 127,000 - 359,761 154,666 46% 334,545 400,971 66,426 30,093,723 12,364,024 46% 26,728,400 28,783,511 2,055,111 16,306,247 10,220,896 53% f) 19,246,611 17,765,972 1,480,639 6,632,028 2,518,548 42% g) 6,055,277 6,308,628 (253,351) 32,579 24,780 7% h) 379,000 379,000 - 22,970,853 12,764,224 50% 25,680,888 24,453,600 1,227,288 1,734,107 1,331,505 58% 2,282,708 2,282,708 - 5,402,700 3,644,991 58% i) 6,248,940 6,248,940 - (3,668,593) (2,313,486) 58% (3,966,232) (3,966,232) - 3,454,277 (2,713,686) (2,918,720) 363,679 3,282,399 2,174,468 5,628,745 142% j) 3,976,398 5,628,745 1,652,347 $ 5,628,745 $ 2,915,059 $ 1,057,678 $ 5,992,424 $ 4,934,746 a) CCBHC wraparound payments are reimbursed on a quarterly basis. Projection includes revenues from CCBHC Expansion Grant. b) Coordinated Care Organization payment received from Pacific Source. New contract effective 01/01/2019 reflects an increase, adjusted for withhold. c) SAMSHA Crisis Co -responder grant; quarterly reimbursements begin in January 2019. Notice of Award received for an additional crisis grant, of which $149,000 will be received and expended this fiscal year. d) There is an uptick in patient visits, and resulting revenue, relative to budgeted expectations. e) This is a local grant from Pacific Source collected on a quarterly basis, after request is made. f) Savings anticipated from a slow -down in hiring and future vacancy rate of 6% forecasted. g) Notice of Awards received for crisis grant and CCBHC expansion not reflected in budgeted amounts. h) $350k is budgeted to be spent to furnish a Crisis Stabilization center facility. i) Amount represents the funding transferred from Behavioral Health to Department Admin for support. j) Both an increase in CCHBC clients served, and an increase to the CCBHC reimbursement rate, during the last few months of FY18 contributed to larger than projected revenues for FY18. Health Services - Public Health Division Schedule of Financial Operating Data Revenues Year to Date July 1, 3,122,172 2018 through January FY 2018 31, 2019 (58.3% of the Environmental Health Fees year) 914,160 Patient Fees (including State) o Actual Actual Budget Revenues 3,074,983 $ 3,122,172 State Grants $ 2,769,165 $ 1,607,086 Environmental Health Fees 963,885 914,160 Patient Fees (including State) 1,425,027 638,534 Federal Grants 305,185 90,617 Local Grants 876,447 572,103 State Miscellaneous 507,389 192,522 Vital Records 240,496 129,780 Other 374,434 100,871 4,245,673 Total Revenues 7,462,028 Expenditures 101,000 21,952 Personnel Services 6,512,999 4,076,989 Materials and Services 1,833,637 980,505 Capital Outlay 74,995 - 5,057,494 Total Expenditures 8,421,631 Transfers Transfers In - General Fund 2,850,086 2,214,125 Transfers In - PH Reserves 289,669 Transfers Out - Dept Admin 2,009,844 1,209,915 1,293,879 Total Transfers In / Out 840,242 Change in Fund Balance (119,361) 482,058 Beginning Fund Balance 933,059 813,698 $ 1,295,756 Ending Fund Balance $ 813,698 FY 2019 Budget Projected I Variance 52% $ 3,074,983 $ 3,122,172 47,189 78% a) 1,169,600 1,027,488 (142,112) 63% b) 1,015,268 1,059,780 44,512 24% c) 382,000 382,000 - 72% i) 795,636 863,292 67,656 35% j) 548,534 797,136 248,602 61% 212,000 231,900 19,900 128% d) 79,048 101,000 21,952 58% 7,277,069 7,584,768 307,699 55% e) 51% 0% 54% 7,462,095 7,147,164 314,931 1,923,694 1,987,104 (63,410) 9,385,789 9,134,268 251,521 58% 3,795,515 3,795,515 - 101% f) 288,000 289,700 1,700 58% g) 2,074,366 2,074,366 - 64% 2,009,149 2,010,849 1,700 (99,571) 461,349 560,920 139% h) 583,802 813,698 229,896 $ 484,231 $ 1,275,047 $ 790,817 a) The majority of Environmental Health Fees are assessed/collected at the end of calendar year 2018. b) Patient fees include fee-for-service payments from the State, Commercial Insurance, and Patients. c) Received on a quarterly basis, after request is made. d) An unanticipated donation of $11 k to maternal/child health was received during the year. e) Savings are anticipated from a slow -down in hiring and future vacancy rate of 4% forecasted. f) Amounts transferred from Public Health Reserves to Public Health Operations per budget deliberations. g) Amount represents the funding transferred from Public Health to Department Admin for support. h) Savings from a hiring slow -down around the previous budget development provided additional savings in FYI 8, over projected. i) Local grants are paid out in semi-annual, or annual, amounts toward the beginning of the year. j) Funding from House Bill 3391 (Family Planning Exp Project) coming in higher than anticipated. Quarterly collections. W% Health Services - Administration Division Schedule of Financial Operating Data a) CCBHC wraparound payments are reimbursed on a quarterly basis 60 days after quarter end. Amounts received are for CCBHC-related staff, and additional expenditures under the CCBHC Expansion Grant. FY2019 Q1 reimbursement is submitted and awaiting arrival. b) Includes funding from Crisis Co -responder grant, funds reimbursed quarterly and it recently completed its first quarter, and Oregon Meaningful Use Program. c) Payments for leased space from medical professionals. Utilities reimbursements from Mosaic medical. d) Savings anticipated from a slow -down in hiring and future vacancy rate of 3% forecasted. e) Amount represents the funding required from Behavioral Health & Public Health for Department Admin. im Year to Date July 1, FY 2018 2018 through January FY 2019 31, 2019 (58.3% of the ear 00 Actual Actual Budget 1 Budget Projected Variance Revenues CCBHC Grants $ 672,756 $ - 0% a) $ 946,400 $ 1,153,043 206,643 Federal Grants - - 0% b) 68,904 68,904 - Interest on Investments 114,846 103,885 77% 135,000 175,000 40,000 Other 19,038 7,449 83% c) 9,000 12,000 3,000 Total Revenues 806,640 111,334 10% 1,159,304 1,408,947 249,643 Expenditures Personnel Services 4,730,372 2,848,985 56% d) 5,067,132 4,902,588 164,544 Materials and Services 5,248,515 2,492,369 55% 4,555,874 4,803,396 (247,522) Capital Outlay 10,056 - 0% 5,000 5,000 - Total Expenditures 9,988,943 5,341,354 55% 9,628,006 9,710,984 (82,978) Transfers Transfers In - General Fund - - 0% - - ' Transfers In - Dept Admin 7,412,544 4,854,906 58% e) 8,323,306 8,323,306 - Transfers Out 490,320 94,344 50% 188,688 188,688 - Total Transfers In / Out 6,922,224 4,760,562 59% 8,134,618 8,134,618 - Change in Fund Balance (2,260,079) (469,458) (334,084) (167,419) 166,665 Beginning Fund Balance 5,122,187 2,862,108 108% 2,642,514 2,862,108 219,594 Ending Fund Balance $ 2,862,108 $ 2,392,650 $ 2,308,430 $ 2,694,689 $ 386,259 a) CCBHC wraparound payments are reimbursed on a quarterly basis 60 days after quarter end. Amounts received are for CCBHC-related staff, and additional expenditures under the CCBHC Expansion Grant. FY2019 Q1 reimbursement is submitted and awaiting arrival. b) Includes funding from Crisis Co -responder grant, funds reimbursed quarterly and it recently completed its first quarter, and Oregon Meaningful Use Program. c) Payments for leased space from medical professionals. Utilities reimbursements from Mosaic medical. d) Savings anticipated from a slow -down in hiring and future vacancy rate of 3% forecasted. e) Amount represents the funding required from Behavioral Health & Public Health for Department Admin. im Revenues Admin- Operations Admin- Code Enforcement Building Safety Electrical Env Health- On Site Prog Planning- Current Planning- Long Range Total Revenues Expenditures (by Division) Admin -Operations Admin -Code Enforcement Building Safety Electrical Env Health -On Site Pgm Planning -Current Planning -Long Range Total Expenditures Net from Operations Transfers Out To CDD Reserve Funds Net Transfers In/ Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Community Development Schedule of Financial Operating Data $ 134,969 Year to Date July 1, 92,446 FY 2018 2018 through January FY 2019 37,900 31, 2019 (58.3% of the 376,617 year) 664,291 691,950 27,659 00 Actual Actual I Budget Budget Projected Variance $ 134,969 $ 92,446 81% a) $ 114,500 $ 152,400 $ 37,900 581,209 376,617 57% a) 664,291 691,950 27,659 3,113,439 1,799,029 54% a) 3,312,714 3,434,375 121,661 765,399 420,871 52% 804,849 809,333 4,484 809,187 443,818 57% a) 782,984 877,365 94,381 1,813,228 1,069,469 55% b) 1,945,453 1,915,628 (29,825) 559,223 459,758 4,662,007 55% 55% 828,955 8,453,746 817,870 8,698,921 (11,085) 245,175 7,776,653 2,105,543 1,370,121 55% c) 2,480,694 2,393,618 87,076 412,921 255,987 55% c) 466,550 446,688 19,862 1,364,198 930,718 54% c) 1,717,925 1,662,710 55,215 339,953 259,232 57% c) 455,905 452,037 3,8568 471,314 332,990 54% c) 621,107 562,293 58,814 1,301,029 851,713 55% b), c) 1,560,577 1,482,219 78,358 360,795 285,277 4,286,038 375,969 686,250 (686,250) (310,281) 57% c) 55% 58% 50% d) 503,344 7,806,102 647,644 1,372,679 (1,372,679) (725,035) 498,896 7,498,461 1,200,460 1,748,436 (1,748,436) (547,976) 4,448 307,641 552,816 (375,757) (375,757) 177,059 6,355,753 1,420,900 1,058,963 (1,058,963) 361,937 2,167,678 $ 2,529,616 2,219,334 115% 2,203,711 $ 1,478,676 $ 2,529,616 1,981,640 $ 325,905 502,964 $ 2,529,616 a) Projection increased due to higher than expected volume b) Change in accounting procedure for hearings officer deposits (Deposits held as liability instead of passing through budget). c) Projection decreased due to year to date unfilled positions. d) Year end projections increased to reflect ORS requirements to account for surplus building safety and electrical revenues seperately. 11 Road Schedule of Financial Operating Data Year to Date July 1, FY 2018 2018 through January FY 2019 31, 2019 (58.3% of the year) % of Actual Actual Budget Budget Projected Variance Revenues Motor Vehicle Revenue $ 14,111,188 $ 10,133,977 62% a) $ 16,234,849 $ 16,791,895 $ 557,046 Federal - PILT Payment 1,574,248 2,153,308 113% b) 1,900,000 2,153,308 253,308 Other Inter -fund Services 1,069,766 167,046 16% c) 1,044,353 954,353 (90,000) Federal Reimbursements 509,127 363,910 67% d) 544,000 363,910 (180,090) Cities-Bend/Red/Sis/La Pine 537,224 152,745 24% e) 635,000 635,000 - State Miscellaneous 721,797 665,177 90% 739,811 739,811 - Forest Receipts 882,985 - 0% f) 963,410 963,410 - Sale of Equip & Material 378,623 204,101 56% 365,000 365,000 - Mineral Lease Royalties 59,341 1,992 1% g) 175,000 60,000 (115,000) Assessment Payments (P&I) 91,803 5,200 7% 70,000 70,000 - Interest on Investments 116,447 129,632 81% h) 160,000 175,000 15,000 Miscellaneous 73,077 53,953 120% i) 45,000 115,000 70,000 Total Revenues 20,125,626 14,031,041 61% 22,876,423 23,386,687 510,264 Expenditures Personnel Services 5,852,960 3,577,652 54% j) 6,595,561 6,443,561 152,000 Materials and Services 6,995,505 2,657,985 33% k) 8,094,192 6,777,192 1,317,000 Capital Outlay 141;885 - 0% - - - Total Expenditures 12,990,350 6,235,637 42% 14,689,753 13,220,753 1,469,000 Transfers Transfer In- Solid Waste Payment 402,725 - 0% - - - Transfers Out 6,000,000 8,232,154 57% 14,464,308 14,464,308 - Total Transfers (5,597,275) (8,232,154) 57% (14,464,308) (14,464,308) - Change in Fund Balance 1,538,001 (436,750) (6,277,638) (4,298,374) 1,979,264 Beginning Fund Balance 8,776,841 10,314,842 119% 8,693,653 10,314,842 1,621,189 Ending Fund Balance $ 10,314,842 $ 9,878,092 $ 2,416,015 $ 6,016,468 $ 3,600,453 a) Motor vehicle revenue is higher than anticipated b) A reduction to timber revenue received in FY18 resulted in a positive impact to the FY19 PILT amounts received. c) Reduction due to more vehicles participating in Vehicle replacement fund (680). d) All reimbursable projects have been competed e) City reimbursements for work performed by the County are received towards the end of the FY, after work is completed f) Forest receipts are anticipated to be received from the State in May 2019. g) Mineral Lease Royalties are primarily received in the last few months of the Fiscal Year. h) Based on YTD actuals i) Anticipated restitution for accident damage to La Pine State Rec Road guardrail j) Savings from unfilled positions and associated benefits of $177k. Additional expense of $25k anticipated for uplanned retirement. k) $1.2 million reduction in paving materials due to materials purchased at end of FY 18; $100k reduction in fuel cost estimates, $17k reduction in estimated shop supplies and tools 12 Road CIP Schedule of Financial Operating Data FY 2019 Budget Projected I Variance Revenues Year to Date July 1, Budget 2018 through January FY 2018 31, 2019 (58.3% of the 646,061 year) 648,000 - % of Actual Actual Budget FY 2019 Budget Projected I Variance Revenues Actual Budget Projected I Variance J Burgess Road / Day Road Intersection 646,061 State Miscellaneous 648,000 - 0% a) 853,104 120,000 (733,104) Interest on Investments 120,460 121,321 114% 106,000 200,000 94,000 Total Revenues 120,460 121,321 13% 959,104 320,000 (639,104) Expenditures 187,345 US 20 at Tumalo 1,100,000 300,000 1,100,000 (800,000) Materials and Services 35,701 42,673 58% 73,153 73,153 - Capital Outlay 2,897,925 4,024,363 49% b) 8,236,348 7,682,826 553,522 Total Expenditures 2,933,626 4,067,036 49% 8,309,501 7,755,979 553,522 Transfers - 12,588 (12,588) C Avenue: Hwy 97 to 6th St Improvement 29,068 180,746 Transfer In 4,578,054 6,232,154 45% c) 13,811,725 13,517,928 (293,797) Total Transfers 4,578,054 6,232,154 45% 13,811,725 13,517,928 (293,797) Change in Fund Balance 1,764,889 2,286,439 6,461,328 6,081,949 (379,379) Beginning Fund Balance 7,823,938 9,588,827 125% 7,687,037 9,588,827 1,901,790 Ending Fund Balance $ 9,588,827 $ 11,875,266 $ 14,148,365 $ 15,670,776 $ 1,522,411 a) Anticipated reimbursable work will not be completed in FY 19. b) Work not completed in FY 18, will be completed in FY 19. Part of this work is reimbursable d) Revised projection based on anticipated transfer for eligible SDC projects Capital Outlay Summary - by Project Actual Budget Projected I Variance J Burgess Road / Day Road Intersection 646,061 900,106 648,000 252,106 Deschutes Market/ Dale Road Intersection 1,279,400 1,500,000 1,279,400 220,600 Erickson Road Paving 468,544 - 468 , 468,544544 (468,544) Old Bend Redmond Highway Phase 11 13,371 346,426 107,233 239,193 3rd Street Drainage Extension 112,655 300,000 112,655 187,345 US 20 at Tumalo 1,100,000 300,000 1,100,000 (800,000) S. Canal / Helmholtz Way 66,360 714,937 287,507 427,430 S. Canal - "Six" Corners 107,739 798,699 941,111 (142,412) Tumalo Road / Tumalo Place 18,244 406,879 120,308 286,571 Quail Road Improvements 100,000 100,000 100,000 - La Pine Guardrail Repair 12,588 - 12,588 (12,588) C Avenue: Hwy 97 to 6th St Improvement 29,068 180,746 168,241 12,505 Solar Drive Bridge 70,334 160,000 75,000 85,000 Projects not started - 2,528,555 2,262,239 266,316 4,024,363 8,236,348 7,682,826 553,522 13 Adult Parole Probation Schedule of Financial Operating Data FY 2019 Budget Projected I Variance Revenues Year to Date July 1, through January FY 2018018 11, 2019 (58.3% of the year) 4,333,329 $ 3,586,203 tuodget Actual Actual - FY 2019 Budget Projected I Variance Revenues DOC Grant in Aid SB 1145 $ 4,333,329 $ 3,586,203 75% a) $ 4,781,604 $ 4,781,604 $ - CJC Justice Reinvestment 844,831 844,831 100% b) 844,831 844,831 - DOC Measure 57 233,900 233,900 100% b) 233,900 233,900 - Electronic Monitoring Fee 149,997 53,781 538% c) 10,000 55,000 45,000 Probation Superv. Fees 191,722 98,740 47% e) 210,000 180,000 (30,000) DOC -Family Sentence Alt 114,683 114,683 100% b) 114,683 114,683 - Interfund - Sheriff 50,000 29,167 58% 50,000 50,000 - Gen Fund/Crime Prevention 50,000 25,000 50% d) 50,000 50,000 - DOJ/Arrest Grant 11,684 - 0% - - - Alternate Incarceration 6,908 - 0% - - - State Subsidy 16,336 12,252 72% a) 17,000 17,000 - Interest on Investments 36,963 43,585 109% h) 40,000 65,000 25,000 Probation Work Crew Fees 1,966 1,412 35% e) 4,000 2,500 (1,500) State Miscellaneous - - 0% e) 4,300 - (4,300) Miscellaneous 503 3,334 667% 500 3,500 3,000 Total Revenues 6,042,821 5,046,888 79% 6,360,818 6,398,018 37,200 Expenditures Personnel Services 4,226,603 2,633,774 57% f) 4,656,363 4,536,035 120,328 Materials and Services 1,548,670 924,280 51% g) 1,828,765 1,750,000 78,765 Capital Outlay 31,960 - 0% 20,000 20,000 - Total Expenditures 5,807,233 3,558,054 55% 6,505,128 6,306,035 199,093 Transfers Transfers In -General Fund 451,189 166,360 58% 285,189 285,189 - Transfer Out -Vehicle Repl/Maint 44,000 60,000 50% 120,000 120,000 - Total Transfers 407,189 106,360 64% 165,189 165,189 - Change in Fund Balance 642,777 1,595,194 20,879 257,172 236,293 Beginning Fund Balance 1,690,943 2,333,720 106% 2,200,000 2,333,720 133,720 Ending Fund Balance $ 2,333,720 $ 3,928,914 $ 2,220,879 $ 2,590,892 $ 370,013 a) Quarterly payment in advance. b) One-time/annual payment. c) Prior electronic monitoring arrangement was budgeted to expire July 1 st, 2018, but activity extended thru August 2018. d) Quarterly payments. e) Projected downward due to less than anticipated revenue. f) Savings from unfilled vacancies YTD. g) Projected downward due to lower than budgeted offender services expenditures. h) Projected upward due to higher than budgeted revenue. 147 Operating Revenues Franchise Disposal Fees Private Disposal Fees Commercial Disp. Fees Franchise 3% Fees Yard Debris Recyclables Sale of Equip & Material Special Waste Interest Leases Miscellaneous Total Operating Revenues Operating Expenditures Personnel Services Materials and Services Capital Outlay Debt Service Total Operating Expenditures Transfers Out SW Capital & Equip. Reserve Total Transfers Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Solid Waste Schedule of Financial Operating Data $ 6,091,577 2,502,365 1,905,165 273,532 203,247 15,833 8,952 23,143 8,101 57,217 11,089,132 FY 2019 Budget Projected I Variance $ 3,780,880 Year to Date July 1, 6,497,675 2018 through January FY 2018 31, 2019 (58.3% of the 51% year) 2,709,370 - 00 Actual Actual I Budget $ 6,091,577 2,502,365 1,905,165 273,532 203,247 15,833 8,952 23,143 8,101 57,217 11,089,132 FY 2019 Budget Projected I Variance $ 3,780,880 58% $ 6,497,675 $ 6,497,675 $ - 1,370,010 51% 2,709,370 2,709,370 - 1,275,532 62% 2,042,050 2,042,050 - 36,119 14% a) 265,000 265,000 - 143,994 66% b) 216,761 216,761 - 6,771 38% c) 18,000 12,000 (6,000) 17,629 118% d) 15,000 20,000 5,000 32,101 73% 44,000 55,000 11,000 1 0% e) 10,801 1 (10,800) 32,916 66% 49,955 49,955 - 6,695,953 56% 11,868,612 11,867,812 (800) 2,173,108 1,340,542 54% f) 2,504,623 2,347,501 157,122 4,684,108 v89,501 2,246,656 47% 4,772,158 4;772;158 - 86,712 50% g) 173,000 173,000 - 861,102 310,425 36% h) 860,938 860,938 - 7,807,819 3,984,334 48% 8,310,719 8,153,597 157,122 2,580,000 2,125,015 1 45% 4,688,023 4,688,023 - 2,580,000 2,125,015 45% 4,688,023 4,688,023 - 701,313 586,604 (1,130,130) (973,808) 156,322 1,237,677 1,938,991 112% 1,730,130 1,938,991 208,861 $ 1,938,991 $ 2,525,595 $ 600,000 $ 965,183 $ 365,183 a) Due April 15, 2019. b) Revenue is seasonal with higher utilization in the summer months. c) Pricing is lower than expected in the recycling markets. d) Revenue source is unpredictable; dependent on special clean-up projects. e) No longer leasing the Rickard Rd property. I) Savings from unfilled vacancies YTD and with an expected vacancy rate of 5%, on average, going forward. g) Capital purchases are in process. h) Principal and interest payments due in Nov and May. NOTE: Revenue projections, as a whole, still reflect management's best estimate of revenues to be collected. lrJ Revenues Inter -fund Charges: General Liability Property Damage Vehicle Workers' Compensation Unemployment Claims Reimb-Gen Liab/Property Process Fee-Events/Parades Miscellaneous Skid Car Training Interest on Investments TOTAL REVENUES Direct Insurance Costs: GENERAL LIABILITY Settlement / Benefit Defense Professional Service Insurance Repair / Replacement Total General Liability PROPERTY DAMAGE Property Damage Charges Insurance Repair/ Replacement Total Property Damage VEHICLE Insurance Loss Prevention Repair / Replacement Total Vehicle WORKERS' COMPENSATION Settlement / Benefit Professional Service Insurance Loss Prevention Miscellaneous Total Workers' Compensation UNEMPLOYMENT - Settlement/Benefits Total Direct Insurance Costs Insurance Administration: Personnel Services Materials & Srvc, Capital Out. & Tranfs. Total Insurance Administration Total Expenditures Change in Fund Balance Beginning Fund Balance Ending Fund Balance Risk Management Schedule of Financial Operating Data FY 2019 Budget Projected Variance 1,051,283 $ 620,477 Year to Date July 1, 2018 FY 2018 through January 31, 2019 391,542 (58.3% of the year) 230,003 58% 00 Actual Actual I Budget FY 2019 Budget Projected Variance 1,051,283 $ 620,477 58% $ 1,063,675 $ 1,063,675 $ 391,542 247,670 a) 230,003 58% 394,291 394,291 195,085 113,896 58% 195,250 195,250 1,242,317 731,842 59% 1,247,279 1,247,279 356,545 235,007 84% 280,921 280,921 336,022 51% c) 16% 44% 55% 27,753 10% 269,198 269,198 - 1,800 1,923,503 540 30% 1,800 1,800 - 1,548 275,518 662,867 3,861,265 (291,321) - 0% 530 530 - 39,382 5,359,570 31,050 97% 32,000 38,000 6,000 86,122 982,283 896,681 77,626 2,068,195 91% 58% 85,000 3,569,944 125,000 40,000 3,615,944 46,000 3,701,647 69,537 27,200 78,349 177,064 12,545 5,000 1 212,132 247,670 a) 20.247 3,081 6 51% 900,000 1,050,000 (150,000) 235 140 173,873 144,421 b) 30,900 - 39,003 183,564 25% 728,398 800,000 (71,602) 7,505 14,197 40,403 63,149 53% 120,000 150,000 (30,000) 205,008 5,101 1,717 109,130 115,948 860,322 448,587 40,999 9,380 168,955 134,562 57,266 44,409 51,236 25,891 662,829 23,538 1,393,095 212,181 51% c) 16% 44% 55% 1,300,000 150,000 3,198,398 387,349 1,250,000 80,000 3,330,000 387,349 50,000 70,000 (131,602) 1,178,778 30,960 1,923,503 360,138 195,293 90,048 302,229 1,695,324 372,870 33% 46% 44% 275,518 662,867 3,861,265 (291,321) 275,518 662,867 3,992,867 (376,923) - (131,602) (85,602) 555,431 2,478,933 1,222,713 5,359,570 $ 6,582,283 6,955,154 118% $ 5,600,000 5,308,679 $ 6,582,283 6,205,360 $ 982,283 896,681 6,582,283 a) Annual insurance premiums are paid at the beginning of the fiscal year. b) Annual insurance premiums are paid later in the fiscal year. Pending claim for Fair/Expo roof replacement. c) Current projection of $1.25M is reasonable per discussion with management. Pending claims and outside legal costs factor into this decision. LLp DC 9-1-1 (Funds 705 and 707) Schedule of Financial Operating Data Year to Date July 1, 2018 a) The State distributes payments quarterly, after the month ends. First payment is anticipated October/November. b) This is for billing to user agencies, billed out January 1 St. c) Reimbursements from other agencies, billed out January 1 st. d) Annual maintenance agreements paid towards the beginning of the fiscal year. e) Capital budget available for Technology Improvements expenditures. Reduced due to CAD hold -back & radio progress delays. f) Savings are anticipated from FTE vacancies YTD and forecasted vacancies. Effective vacancy rate for year is estimated at 9%. g) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted. h) Majority of state reimbursements billed annually toward year-end for system maintenance. 17 FY 2018 through January 31, 2019 FY 2019 (58.3% of the year) o Actual Actual Budget Budget Projected Variance Revenues Property Taxes - Current $ 7,950,397 $ 7,843,220 94% g) $ 8,316,033 $ 8,350,160 $ 34,127 Property Taxes - Prior 126,401 80,171 73% 110,000 110,000 - Property Taxes - Jefferson County 32,003 31,184 104% 30,000 33,600 3,600 State Reimbursement 162,900 117,900 94% h) 125,000 125,000 - Telephone User Tax 911,753 248,030 28% a) 890,000 890,000 - Data Network Reimb. 67,875 - 0% b) 50,000 50,000 - User Fee 104,939 75,027 42% c) 180,000 180,000 - Police RMS User Fees 351,987 60,519 20% c) 300,680 300,680 - Contract Payments - - 0% c) 51,300 51,300 - Miscellaneous 18,647 10,351 148% 7,000 14,000 7,000 Interest 98,838 76,593 56% 138,000 138,000 - Total Revenues 9,825,738 8,542,994 84% 10,198,013 10,242,740 44,727 Expenditures Personnel Services 6,766,806 3,853,606 50% f) 7,646,307 6,895,368 750,939 Material and Services 3,301,199 2,205,833 65% d) 3,390,757 3,390,757 - Capital Outlay 1,797,372 259,075 11% e) 2,342,000 1,342,000 1,000,000 Total Expenditures 11,885,377 6,318,514 47% 13,379,064 11,628,125 1,750,939 Transfers Transfers In 1,300,000 - 0% - - - Transfers Out (493,863) - 0% - - Total Transfers 806,137 - 0% - - - Change in Fund Balance (1,233,502) 2,224,479 (3,181,051) (1,385,385) 1,795,666 Beginning Fund Balance 7,261,002 6,027,500 100% 6,000,000 6,027,500 27,500 Ending Fund 705 & 707 Balance $ 6,027,500 $ 8,251,980 $ 2,818,949 4,642,115 $ 1,823,166 Ending Bal. DC Reserve (710) 2,633,115 2,662,738 2,687,000 2,697,261 10,261 Total of Funds 705, 707 and 710 $ 8,660,615 $ 10,914,718 $ 5,505,949 $ 7,339,376 $ 1,833,427 a) The State distributes payments quarterly, after the month ends. First payment is anticipated October/November. b) This is for billing to user agencies, billed out January 1 St. c) Reimbursements from other agencies, billed out January 1 st. d) Annual maintenance agreements paid towards the beginning of the fiscal year. e) Capital budget available for Technology Improvements expenditures. Reduced due to CAD hold -back & radio progress delays. f) Savings are anticipated from FTE vacancies YTD and forecasted vacancies. Effective vacancy rate for year is estimated at 9%. g) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted. h) Majority of state reimbursements billed annually toward year-end for system maintenance. 17 Health Benefits Fund Statement of Financial Operating Data Year to Date July 1, 2018 FY 2018 through January 31, 2019 FY 2019 (58% of the year) Actual Actual % of Budget ProjectionT$ Variance Budget Revenues: Internal Premium Charges $ 17,573,923 $ 10,397,862 61.0% a) 17,052,000 17,824,906 772,906 Part -Time Employee Premium 2,303 969 37.8% a) 2,563 1,661 (902) Employee Monthly Co -Pay 960,340 556,536 57.8% a) 963,000 954,062 (8,938) COIC 1,823,503 1,045,950 57.0% a) 1,834,000 1,793,057 (40,943) Retiree/COBRA Co -Pay 1,255,725 727,888 56.9% a) 1,280,000 1,247,807 (32,193) Prescription Rebates 64,110 50,216 83.7% 60,000 65,000 5,000 Claims Reimbursements & Misc 116,243 20,178 N/A d) - 20,178 20,178 Interest 219,809 196,373 89.3% a) 220,000 336,000 116,000 Total Revenues 22,015,955 12,995,972 60.7% 21,411,563 22,242,672 831,109 Expenditures: Materials & Services Admin & Wellness Claims Paid -Medical 14,108,678 6,780,390 45.5% c) 14,900,000 13,669,200 1,230,800 Claims Paid -Prescription 1,304,662 583,902 42.5% c) 1,375,000 1,167,800 207,200 Claims Paid -Dental 1,722,019 901,551 55.2% c) 1,632,000 1,700,000 (68,000) Claims Paid -Vision 426,862 198,065 43.2% c) 458,000 363,000 95,000 Stop Loss Insurance Premium 440,144 301,982 67.1% b) 450,000 460,000 (10,000) State Assessments 10,585 - 0.0% - - Administration Fee (TPA) 681,958 292,120 67.2% b) 435,000 438,550 (3,550) Preferred Provider Fee 80,523 52,127 68.6% b) 76,000 80,000 (4,000) Other - Administration 177,758 127,877 54.7% 233,777 233,777 - Other - Wellness 156,884 86,862 47.0% 184,870 184,870 - Admin & Wellness 19,110,074 9,324,877 47.2% 19,744,647 18,297,197 1,447,450 Deschutes On-site Clinic Contracted Services 928,621 501,786 51.5% 975,000 970,500 4,500 Medical Supplies 88,436 34,206 42.8% 80,000 80,000 - Other 34,416 19,592 32.7% 59,864 41,864 18,000 Total DOC 1,051,474 555,583 49.8% 1,114,864 1,092,364 22,500 Deschutes On-site Pharmacy Contracted Services 308,693 156,809 46.7% 336,000 319,000 17,000 Prescriptions 1,750,513 956,340 51.7% e) 1,850,000 1,891,000 (41,000) Other 102,463 57,075 57.8% 98,744 97,000 1,744 Total Pharmacy 2,161,669 1,170 225 51.2% 2,284,744 2,307,000 (22,256) Total Expenditures 22,323,217 11,050,684 47.7% 23,144,255 21,696,561 1,447,694 Change in Fund Balance (307,262) 1,945,288 (1,732,692) 546,111 2,278,803 Beginning Fund Balance 15,382,578 15,075,316 93.9% 16,051,586 15,075,316 (976,270) Ending Fund Balance $ 15,075,316 $ 17,020,604 $ 14,318,894 $ 15,621,426 $ 1,302,532 a) Year to date annualized b) Year to date actual plus purchase orders and contracts outstanding. c) Current projected amounts in claims paid are compared against a rolling annual total for reasonableness. Amounts may fluctuate significantly due to unanticipated cost -intensive diagnoses. d) Current year FSA forfeiture was $13,840 e) YTD reflects only 6 months of invoices. Justice Court Schedule of Financial Operating Data Year to Date July 1, 2018 FY2018 through January 31, 2019 (58.3% of the year) Actual I Actual I Budget Revenues Court Fines & Fees $ 574,364 $ 337,866 61% a) $ 550,000 $ 579,199 $ 29,199 Interest on Investments 1,518 1,649 82% 2,000 2,826 826 Total Revenues 575,882 339,515 62% 552,000 582,026 30,026 Expenditures Personnel Services 462,655 296,311 58% 508,650 508,248 402 Materials and Services 137,679 88,463 59% b) 149,431 148,726 705 Total Expenditures 600,334 384,774 58% 658,081 656,974 1,107 Transfers Transfers In- General Fund 70,000 17,500 58% 30,000 30,000 - Total Transfers 70,000 17,500 58% 30,000 30,000 - Change in Fund Balance 45,548 (27,759) (76,081) (44,948) 31,133 Beginning Fund Balance 112,442 157,990 110% 144,000 157,990 13,990 Ending Fund Balance $ 157,990 $ 130,232 $ 67,919 $ 113,042 $ 45,123 a) Year to date annualized for projected amounts. b) One-time software maintenance fee of $8,680 paid in July for entire year. WOC REVENUES Room Taxes Interest Total Revenues EXPENDITURES Administrative Auditing Services Temporary Help Interfund Contract ISF Public Notices Printing Office Supplies Postage Software Total Administrative Current Distributions Sheriff's Office Sunriver Service Dist COVA (20% of the 6%) COVA (100% of the 1%) Grants Third Party Grants Inter -fund Transfers Fair & Expo Center ME Reserve Fund Total Distributions Total Expenditures Change in Balance Beginning Balance Ending Balance Room Taxes (Funds 160 and 170) Schedule of Financial Operating Data July 1, 2018 thru January 31, 2019 Fund 160 - 7% of TRT Fund 170 - 1% of TRT Combined - 8% TRT 12,501 Budget Actual Budget Actual Budget7 Actual I % of Budget 50,675 29,560 8,446 4,927 59,121 34,487 38,485 $ 6,352,500 $ 4,880,333 $ 907,500 $ 697,193 $ 7,260,000 $ 5,577,526 76.8% 14,000 29,865 8,600 5,481 22,600 35,346 156.4% 6,366,500 4,910,198 916,100 702,674 7,282,600 5,612,872 77.1% 10,938 - 1,563 - 12,501 - 7,875 1,767 1,125 252 9,000 2,020 50,675 29,560 8,446 4,927 59,121 34,487 38,485 22,450 602 351 39,087 22,801 2,713 1,066 388 152 3,101 1,218 1,925 - 275 - 2,200 - 875 - 125 - 1,000 - 2,625 664 375 95 3,000 759 52,500 23,171 7,500 3,310 60,000 26,481 168,611 78,678 20,399 9,088 189,010 87,765 3,151,787 1,838,542 3,151,787 1,838,542 200,000 - 200,000 - 1,062,926 757,079 1,062,926 757,079 883,742 631,486 883,742 631,486 25,744 15,017 642,252 321,126 667,996 336,143 - - 830,083 415,042 830,083 415,042 5,324,199 3,242,124 1,472,335 736,168 6,796,534 3,978,292 5,492,810 3,320,802 1,492,734 745,255 6,985,544 4,066,057 873,690 1,589,396 (576,634) (42,581) 297,056 1,546,815 1,387,711 1,204,818 576,634 361,634 1,964,345 1,566,452 $ 2,261,401 $ 2,794,214 $ - $ 319,053 $ 2,261,401 $ 3,113,267 20 Fair Expo Center Schedule of Financial Operating Data Operating Revenues Year to Date July 1, 2018 FY 2018 through January 31, 2019 Events Revenues $ FY 2019 260,195 43% (58% of the year) 602,000 $ 662,560 $ Actual Actual % of Budget 34,924 51% Bud at I Projected I Variance Operating Revenues Events Revenues $ 455,732 260,195 43% 602,000 $ 662,560 $ 60,560 Storage 81,588 34,924 51% 68,000 97,924 29,924 Camping at F & E 15,325 225 1 % 18,200 18,425 225 Horse Stall Rental 23,541 38,243 101% 38,000 57,643 19,643 Food & Beverage Activities, net 67,964 ! (16,892) -10% a) 164,204 159,108 (5,096); Annual County Fair (net) 287,452 400,000 85% b) 472,998 400,000 (72,998) Interfund Contract 30,000 18,667 62% c) 30,000 32,000 2,000 Miscellaneous 4,822 3,128 37% 8,400 6,628 (1,772) Total Operating Revenues 966,424 738,489 53% 1,401,802 1,434,288 32,486 Operating Expenditures, net of TRT: General F & E Activities Personnel Services 1,028,508 665,384 57% e) 1,161,582 1,226,129 (64,547) Materials and Services 978,354 465,303 56% f) 833,771 847,449 (13,678) Total Operating Exp, net of TRT 2,006,862 1,130,688 57% 1,995,353 2,073,577 (78,224) Other: Park Acq/Dev (Fund 130) 30,000 15,000 50% 30,000 30,000 - Rights & Signage 111,499 42,750 41% 105,000 118,350 13,350 Interest 486 300 -12% 2,400 (300) (2,700) Total Other 141,985 57,450 (334,748) 42% 137,400 (456,151) 148,050 (491,239) 10,650 (35,088) Results of Operations (898,453) Transfers In I Out Transfer In -General Fund 200,000 116,667 58% 200,000 200,000 - Transfers ln-TRT-1% 533,514 246,126 50% d) 492,252 492,252 - Transfer In -Room Tax - (Fund 160) 25,744 15,017 58% 25,744 25,744 - Total Transfers In 759,258 377,810 717,996 717,996 - Non -Operating Rev & Exp Debt Service 101,824 56,103 55% 101,136 101,136 - Total Non -Operating Expenditures 101,824 56,103 55% 101,136 101,136 - Change in Fund Balance (241,020) (13,041) 160,709 125,621 (35,088) Beginning Fund Balance 180,735 60,285 N/A - (60,285) (60,285) Ending Fund Balance J60,28611 (73,326)g) $ 160,709 $ 65,336 $ (95,373) a) See "Food & Beverage Activities Schedule" b) Revenues and Expenses for the annual County Fair are recorded in a separate fund and the available net income is transferred to the Fair & Expo Center Fund c) Reimbursement from RV Park for personnel expenditures recorded in F&E d) FY 2018 includes $100,000 originally planned to be received in FY 2019 e) Retirement payout of vacation for director (900 hours - $77k; includes benefits) 0 Additional costs in association with higher events revenue. g) Amounts will differ slightly from the Summary by Department due to adjustments on inventory. 21 (A O +d+ CV LL C Q d O C6 CL K d W C m CO � V = (D c LL O O LL O O O =3 N m o) a) LL00V? d 00 O N N N N } Vi Q) 00 N o) M Ow N o) R co N fi) ti Co 00 O M 4* co 0) Ll� O W) CA M M N Ow M M O co N ti co 4? O O o 00 0 0 0 O O N O O O Co M ' O O Of O O C O O `O y K Cl) O M U) d C C� N d@ O d d L O0) 0 wUU c Xo-O N a) ( O LL a LL = N N w X U O d L) 7 c W o d v OLL W U ONO O o 0 C) O C CO n (Lo NO M W J M S O (MO (PO (MO r O LO - L() V M P CO 00 M CO LO C0 Ln N N P Li) Co \o co MSI r- t` Nr C) N Co (O (O ONOPV'00N Mm N CC M M M L() O 00 o P (O CO 0 N COM LO co N N O Go T N Cf (O O N V' P C" N S 00 co CO CO 00 C0 Cl) Cl) M 00)N P le SPO � N Co O CON M CO (O L() Ln N CG PM O N MO CP M M o O) O) o a; O O 00 00 LO O L17 0 M Lo Co 03 P O M 0o L() M LO N O N Cl) 04 M N C4 t - M M N M N Lo OO o P co W) 0 V' N 00 (A Co Cl) (AIM h M O O) CC C _ MC'M CY Olr r M -Cl)JI M o LMOL! V ( M O� r O (O P CO Lf) 00 P 00 Cf of O Cl) LO OO C- M CY M N M M r N M r c,i qq O r- M M N V' p N .-- LZ) 00 N M M M cl) CDeCD C%4 00 M- Cl) O N co q CO Co O7 to (A Ln r O P N 00 p Lri r�m v co N NN N N M P 00 r r N r d CA d a1 �` d V N ,C� Z d C m (dj -p d 06 oii d C N �+ M CO N 0 d.0cN N .c = d fyq J `O y K O 06 0. U) d C C� N d@ O d d L o -a O wUU c Xo-O �o a) ( O LL a LL = N N CM O w X U O d L) 7 c W o d v OLL W U V N� W O y _ m W J 22 OO O m0 O O O O O O O O N Ln CN (O N ' CO 00 On 00 LOM Cr (OM (p 0o P co V' r` co 00 LO N V co ' LO Lo N V' N N N .P- M N V r OO M r — M .- N N co Go (O OO ' N Cl LO N r N CO LOIW O (O CD N P m - 0) _NI NCDcc LO C LO 10 00 Col 'I (0 LO N N_ N q 00 0 N O � � O N N M 06 O vw to �` d V � Z V fn a C m (dj -p d 06 oii d C d �+ M CO N 0 d.0cN N .c = d fyq J `O y K O U) 0(U W U) d C C� N d@ O d d L O wUU c Xo-O p C7 O H W F- c Revenues RV Park Fees < 31 Days RV Park Fees > 30 Days Washer / Dryer Vending Machines Room Tax Collection Fee Good Sam Discounts Good Sam Membership Fee Cancellation Fees Total Revenues Expenditures Materials & Services Total Expenditures Net from Operations Other Resources/Expenditures Interest on Investments Transfers In - Park Fund (130) TRT Grant Debt Service Net Other Change in Fund Balance Beginning Fund Balance Ending Fund Balance RV Park (Fund 618) Statement of Financial Operating Data $ 409,658 11,900 4,456 1,561 2,205 a) 7,942 RV spaces, 35% utilization YTD. 36 L4316 172,388 FY 2019 Budget I Projection $ Variance $ 273,634 Year to Date July 1, 340,200 2018 through FY 2018 January 31, 2019 87% (58% of the year) 6,000 1,000 % of Actual Actual Budget $ 409,658 11,900 4,456 1,561 2,205 a) 7,942 RV spaces, 35% utilization YTD. 36 L4316 172,388 FY 2019 Budget I Projection $ Variance $ 273,634 80% a) $ 340,200 450,500 110,300 4,350 87% 5,000 6,000 1,000 3,040 87% 3,500 5,000 1,500 1,270 85% 1,500 2,000 500 1,433 N/A - 2,300 2,300 (5,817) N/A - (9,500) (9,500) 1,250 N/A - 1,250 1,250 5,536 138% 4,000 9,100 5,100 284,696 80% 354,200 466,650 112,450 156,987 53% 298,870 298,870 156,987 53% 298,870 298,870 - 127,709 55,330 167,780 112,450 6,094 6,663 151% 4,400 11,423 7,023 160,000 160,000 100% 160,000 160,000 - 35,088 - N/A - - - 222,136 161,733 72% (223,101) (223,101) - 20,954 4,931 (58,701) (51,678) 7,023 151,434 132,640 (3,371) 116,102 119,473 292,046 443,480 139% 319,000 443,480 124,480 443,480 $ 576,120 $ 315,629 $ 559,582 $ 243,953 23 REVIEWED LEGAL COUNSEL MEMORANDUM OF UNDERSTANDING Between the UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SERVICE And DESCHUTES COUNTY, OREGON Regarding the ENVIRONMENTAL IMPACT STATEMENT For the DESCHUTES BASIN HABITAT CONSERVATION PLAN ARTICLE 1— PURPOSE This Memorandum of Understanding (MOU) establishes a Cooperating Agency relationship between the U.S. Fish and Wildlife Service (Service) and Deschutes County (Cooperating Agency), for the purpose of preparing the Deschutes Basin Habitat Conservation Plan (DBHCP) Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act (NEPA). The Service is the lead Federal agency for the development of the DBHCP EIS. The Service acknowledges that the Cooperating Agency has special expertise and jurisdiction by law applicable to the DBHCP EIS effort, as defined at 40 CFR 1508.15 and 1508.26. This MOU describes the responsibilities and procedures agreed to by the Service and the Cooperating Agency ARTICLE 2 — AUTHORITIES The authorities for the Service, to enter into this MOU are NEPA and its implementing regulations found at 40 CFR 1508.5 and 43 CFR 46.225(a)(3), (d), and the Endangered Species Act of 1973 (ESA), as amended, 16 U.S.C. § 1531 et seq. The authorities for the Cooperating Agency to enter into this MOU are ORS Chp 190. ARTICLE 3 — MUTUAL AGREEMENT The Service and the Cooperating Agency mutually agree to: 1. Subject to the availability of appropriations, personnel, and resources, commit the technical and managerial Points of Contact (POCs) to fulfill their respective responsibilities as set forth in Articles 4 and 5 to provide information, attend meetings, make appropriate decisions, conduct timely review of documents, and promptly notify each other of any changes to the designated POCs in a timely manner. 2. Provide maximum notice reasonably possible regarding all meetings and requests for information and document review. 3. Provide all document revisions, and comments within an agreed-upon schedule. 4. Participate at their own expense (see Articles 8 and 9), subject to the availability of funds. ARTICLE 4 — SERVICE REPONSIBILITIES The Service is responsible for compliance with NEPA and managing the EIS process. Specific responsibilities include analysis, interagency coordination, preparation and review of one document compliant with federal requirements, public outreach and involvement, general technical assistance, responding to public comments, and managing the contractual process and contractor actions. The Service shall: 1. Determine and allocate the appropriate personnel for NEPA compliance, including reviewing/completing the EIS, and other matters as required.' 2. Be responsible for the development and issuance of all notices and publications required of the Service, including the issuance in the Federal Register of a Notice of Intent to Publish an EIS for the DBHCP. The Service shall ensure copies of such notices and publications are provided in draft form to the Cooperating Agency prior to their issuance, and shall consider any comments thereon received from the Cooperating Agency prior to their finalization. 3. Conduct public scoping meetings to receive comments on the proposed action and alternatives as described in the Notice of Intent. 4. Be responsible for overall coordination of the EIS and for ultimate compliance with NEPA, CEQ and Department of the Interior (DOI) NEPA regulations, DOI and Service guidance, and other Federal laws and regulations applicable to the conduct of all aspects of the NEPA process. 5. Direct and monitor the work of the contractor in the preparation of the EIS to ensure compliance with the requirements of NEPA and CEQ and DOI NEPA regulations, as well as other applicable Federal laws and regulations. 6. To the fullest extent consistent with its responsibilities as lead agency, the Service will consider the comments, recommendations, data, and/or analyses provided by the Cooperating Agency in the EIS process, giving particular consideration to those topics on which the Cooperating Agency are is acknowledged to possess jurisdiction by law and special expertise. 7. Conduct meetings as needed with Cooperating Agency to review the progress of the EIS. 8. Make the final determination on the inclusion or exclusion of material, in all instances involving questions as to the content or relevance of any material (including all data, analyses, and conclusions) in the EIS, in accordance with Federal laws and regulations. 9. In coordination with the Service's NEPA contractor, receive all comments during the draft EIS review period and identify issues and comments submitted that will require response in the final EIS. 10. Maintain confidentiality of all information, documents and materials used in the development of the EIS in accordance with the Freedom of Information Act (FOIA), Service policies, legal decisions, related regulations and any other applicable federal laws. The Service will treat specific data provided by the Cooperating Agency as confidential or proprietary to the fullest extent permitted by the FOIA and related regulations (43 C.F.R. § 2.23). In the event that the Service is required by law to release any confidential or proprietary information, the Service shall provide the Cooperating Agency with written notice of the proposed release. ARTICLE 5 — COOPERATING AGENCY RESPONSIBILITIES The Cooperators shall: 1. Provide input on aspects of the EIS with which the cooperating agency has expertise, data, or regulatory authority. 2. Provide specific local expertise, including identifying emerging local issues. 3. Review portions of the EIS that are within the agency's jurisdiction. 4. Complete reviews and provide comments promptly. 5. Attend all meetings possible and prepare appropriately. 6. Complete all necessary assignments prior to each meeting. 7. Maintain a focus on solutions that will benefit the EIS content and process. 8. Commit to maintain the confidentiality of documents and deliberations during the period prior to the public release by the Service of any NEPA document, including drafts. ARTICLE 6 — CONFLICT RESOLUTION PROCESS The Service and the Cooperating Agency agree to work cooperatively towards the common goals as set forth in this MOU and to raise concerns for discussion and amicable resolution in a timely manner. If a dispute should arise among the Service and the Cooperating Agency regarding any matter associated with this MOU, the Service and the Cooperating Agency agree to the following dispute resolution process: 1. The agency initiating the concern will timely communicate its concern and a recommended solution to the other agency by email. This will provide written documentation that the matter has been initiated. 2. If the agencies cannot resolve the matter informally through the email, the initiating agency will timely schedule a meeting with the other agency to seek a resolution. 3. If agreement cannot be reached on a particular issue, USFWS will retain final decision- making authority, as lead NEPA agency. 4. Nothing in this MOU is intended to limit, restrict, or modify the Service's exercise of its authorities with respect to the action proposed. ARTICLE 7 — NO ENFORCEMENT AUTHORITY Signature of this MOU does not confer any additional authority. ARTICLE 8 — LIABILITY Nothing in this MOU is intended to create any right, claim, or cause of action to any of the parties or to a person not a party to this MOU, or to create any liability, recourse, or remedies except to the extent already provided by applicable Federal or State Law. ARTICLE 9 — STATEMENT OF NO FINANCIAL OBLIGATION Signature on this MOU does not constitute a financial obligation. Each signatory party is to use and manage its own funds in carrying out the purpose of this MOU, except as defined by 40 CFR 1501.6(b) (5), "The lead agency, shall to the extent available funds permit, fund those major activities or analyses it requests from Cooperating Agency." ARTICLE 10 — COMMITMENT LIMITATIONS This MOU shall be contingent upon the availability of funds and nothing in this MOU shall require the Service to assume any obligation or expend any sum in excess or advance of the availability of appropriations from Congress. It is understood and agreed that any monies allocated for purposes covered by this MOU shall be expended in accordance with its terms and in the manner prescribed by the fiscal regulations and/or administrative policies of the party making the funds available. If fiscal resources are to transfer, a separate agreement must be developed by the parties. ARTICLE 11— CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this MOU or to any benefit to arise there from. ARTICLE 12 — AMENDMENTS/TERMINATION This MOU may be amended at any time by mutual agreement of the parties in writing. It also may be terminated by either party upon sixty (60) days written notice to the other parties. ARTICLE 13 — EFFECTIVE DATE AND DURATION This MOU will be in effect upon date of final signature and will continue until the NEPA Record of Decision (ROD) is signed, except that this MOU will automatically expire within five years of the date of signature, unless the parties mutually agree in writing to extend the period of effectiveness. RECOMMEND APPROVAL: UNITED STATES DEPARTMENT OF INTERIOR FISH AND WILDLIFE SERVICE Field Supervisor, Bend Field Office Date DESCHUTES COUNTY, OREGON DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS Date Philip G. Henderson, Deschutes County Board of County Commissioners Date Patti Adair, Deschutes County Board of County Commissioners Date Anthony DeBone, Deschutes County Board of County Commissioners March 5, 2019 Representative Jeff Barker, Chair House Committee on Business and Labor 900 Court St. NE, H-480 Salem, OR 97301 Dear Chair Barker: Board of County Commissioners PO Box 6005, Bend, OR 97708-6005 1300 NW Wall Street, Suite 206, Bend, OR 97701-1960 TEL (541) 388-6570 • FAX (541) 385-3202 www.deschutes.ora board @co.deschutes.or. us Philip G. Henderson Patti Adair Anthony DeBone The Deschutes County Board of Commissioners wishes to express support for House Bill 3030, which allows a professional licensing board to issue temporary authorization to the spouse of a member of the Armed Forces of the United States stationed in Oregon and who holds out-of-state authorization to provide occupational or professional service. While the bill was referred to the House Committee on Business and Labor on February 25, 2019, it has not yet been scheduled for a hearing. Members of the Armed Forces, their spouses, and their families are valuable members of society who make great sacrifices to serve their community and country. One of the largest challenges these families face is frequent moves, which makes it difficult for spouses to keep steady jobs. This bill will help to support military families by easing the burden of missed work opportunities due to a non-transferrable license. If passed, House Bill 3030 would provide military families a smoother transition and the opportunity to be successful while stationed in Oregon. Thank you for considering Deschutes County's position on HB 3030. If you have any questions or would like additional information, please contact Judith Ure, Deschutes County Management Analyst by phone at 541-330-4627 or by email at Judith.Ure@deschutes.org. Sincerely, DESCHUTES COUNTY BOARD OF CO MISSIONERS Philip G.derson Patti Adair Anthony DeBone Chair Vice Chair Commissioner c: Members of the House Committee on Business and Labor Senators Cliff Bentz, Tim Knopp, and Dennis Linthicum Representatives Daniel Bonham, Cheri Helt, Mike McLane, and Jack Zika SB 365 is Strongly Opposed by Deschutes County SB 36S seeks to: 1. Prohibit counties from charging System Development Charges (SDCs) to marijuana grow operations. 2. Eliminate reasonable Time, Place, and Manner regulations allowed by ORS 4756.486 on EFU zoned land. How much is a typical SDC for a marijuana grow operation? SDCs are based on the number of trips added to the transportation system. Deschutes County has estimated trip generation and calculated SDCs such that the cost is $0.81 per square foot of construction. A 10,000 sf grow facility's SDC is $8,100. At a construction cost of $50/sf for an indoor grow facility, the SDC equates to only 1.6% of the total cost of construction. Why did Deschutes County implement Time, Place and Manner regulations for marijuana grow operations? Deschutes County has thousands of acres of irretractable Exclusive Farm Use zoned land that is not suitable for farming in the high desert. Through the decades, these acreages have developed as large lot residential units or ranchettes, many without water rights. With the legalization of marijuana in Oregon, marijuana grow operations have the potential to utilize previously un-farmable land as water can be hauled to the sites. This creates the potential for Image: Same site, post development ofa MJ growfacility. Note significant land use compatibility issues throughout Deschutes the presence of16 vehicles in the parking lot and a 171 vehicle County. The Deschutes County Commissioners "opted in to leaving the site. Google Earth, 2017 marijuana with the understanding that the legislature's allowance of reasonable Time, Place and Manner regulations, per ORS 47513.486, would provide Deschutes County the tools to address our unique and sensitive land use compatibility issues, which also include an evaluation of the impact to the transportation system and payment of SDCs. Image: A future MJ grow site east of Bend, Google Earth, 2014 Does Deschutes County's practice open the door to SDCs for other farm products? Absolutely not! The Time, Place, and Manner regulations apply only to marijuana as allowed by ORS 47513.486. Period. 1300 NW Wall Street Bend, Oregon 97703 x+(541) 388-6571 @ board@deschutes .org @ www.deschutes.org 80th OREGON LEGISLATIVE ASSEMBLY --2019 Regular Session Senate Bill 762 Sponsored by COMMITTEE ON JUDICIARY (at the request of Workgroup to Decriminalize Mental Illness) lYi ZT_ _T i+M` The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Extends date by which commitment hearing must be held. Extends length of time individual admitted to facility under emergency civil commitment pro- ceedings may be detained. Permits individual to request hearing to determine whether there is probable cause for detention pending commitment hearing. 1 A BILL FOR AN ACT 2 Relating to civil commitments; amending ORS 426.070, 426.095, 426.100, 426.210, 426.232, 426.234 and 3 426.237. 4 Be It Enacted by the People of the State of Oregon: 5 SECTION 1. ORS 426.070 is amended to read: 6 426.070. (1) Any of the following may initiate commitment procedures under this section by giv- 7 ing the notice described under subsection (2) of this section: 8 (a) Two persons; 9 (b) The local health officer; or 10 (c) Any magistrate. 11 (2) For purposes of subsection (1) of this section, the notice must comply with the following: 12 (a) It must be in writing under oath; 13 (b) It must be given to the community mental health program director or a designee of the di - 14 rector in the county where the person alleged to have a mental illness resides; 15 (c) It must state that a person within the county other than the person giving the notice is a 16 person with mental illness and is in need of treatment, care or custody; 17 (d) If the commitment proceeding is initiated by two persons under subsection (1)(a) of this sec - 18 tion, it may include a request that the court notify the two persons: 19 (A) Of the issuance or nonissuance of a warrant under this section; or 20 (B) Of the court's determination under ORS 426.130 (1); and 21 (e) If the notice contains a request under paragraph (d) of this subsection, it must also include 22 the addresses of the two persons making the request. 23 (3) Upon receipt of a notice under subsections (1) and (2) of this section or when notified by a 24 circuit court that the court received notice under ORS 426.234, the community mental health pro - 25 gram director, or designee of the director, shall: 26 (a) Immediately notify the judge of the court having jurisdiction for that county under ORS 27 426.060 of the notification described in subsections (1) and (2) of this section. 28 (b) Immediately notify the Oregon Health Authority if commitment is proposed because the 29 person appears to be a person with mental illness, as defined in ORS 426.005 (1)(f)(C). When such 30 notice is received, the authority may verify, to the extent known by the authority, whether or not NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 749 SB 762 1 the person meets the criteria described in ORS 426.005 (1)(f)(C)(i) and (ii) and so inform the com- 2 munity mental health program director or designee of the director. 3 (c) Initiate an investigation under ORS 426.074 to determine whether there is probable cause to 4 believe that the person is in fact a person with mental illness. 5 (4) Upon completion, a recommendation based upon the investigation report under ORS 426.074 6 shall be promptly submitted to the court. If the community mental health program director deter - 7 mines that probable cause does not exist to believe that a person released from detention under ORS 8 426.234 (2)(c) or (3)(b) is a person with mental illness, the community mental health program director 9 may recommend assisted outpatient treatment in accordance with ORS 426.133. 10 (5) When the court receives notice under subsection (3) of this section: 11 (a) If the court, following the investigation, concludes that there is probable cause to believe 12 that the person investigated is a person with mental illness, it shall, through the issuance of a ci- 13 tation as provided in ORS 426.090, cause the person to be brought before it at a time and place as 14 it may direct, for a hearing under ORS 426.095 to determine whether the person is a person with 15 mental illness. The person shall be given the opportunity to appear voluntarily at the hearing unless 16 the person fails to appear or unless the person is detained pursuant to paragraph (b) of this sub - 17 section. 18 (b)(A) If the court finds that there is probable cause to believe that failure to take the person 19 into custody pending the investigation or hearing would pose serious harm or danger to the person 20 or to others, the court may issue a warrant of detention to the community mental health program 21 director or designee or the sheriff of the county or designee directing the director, sheriff or a 22 designee to take the person alleged to have a mental illness into custody and produce the person 23 at the time and place stated in the warrant. 24 (B) At the time the person is taken into custody, the person shall be informed by the community 25 mental health program director, the sheriff or a designee of the following: 26 (i) The person's rights with regard to representation by or appointment of counsel and the right 27 to request, in writing, a hearing on whether there is probable cause to detain the person, as 28 described in ORS 426.100; 29 (ii) The warning under ORS 426.123; and 30 (iii) The person's right, if the community mental health program director, sheriff or designee 31 reasonably suspects that the person is a foreign national, to communicate with an official from the 32 consulate of the person's country. A community mental health program director, sheriff or designee 33 is not civilly or criminally liable for failure to provide the information required by this sub - 34 subparagraph. Failure to provide the information required by this sub -subparagraph does not in itself 35 constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. 36 (C) The court may make any orders for the care and custody of the person prior to the hearing 37 as it considers necessary. 38 (c) If the notice includes a request under subsection (2)(d)(A) of this section, the court shall 39 notify the two persons of the issuance or nonissuance of a warrant under this subsection. 40 SECTION 2. ORS 426.095 is amended to read: 41 426.095. The following is applicable to a commitment hearing held by a court under ORS 426.070: 42 (1) The hearing may be held in a hospital, the person's home or in some other place convenient 43 to the court and the person alleged to have a mental illness. 44 (2) The court shall hold the hearing at the time established according to the following: 45 (a) Except as provided by paragraph (b) or (c) of this subsection, a hearing shall be held [ivel [21 SB 762 1 within 15 judicial days from the day a court under ORS 426.070 issues a citation provided under 2 ORS 426.090. 3 (b) Except as provided by paragraph (c) of this subsection, if a person is detained by a warrant 4 of detention under ORS 426.070, a hearing shall be held within [five] 15 judicial days of the com- 5 mencement of detention. 6 (c) If requested under this paragraph, the court, for good cause, may postpone the hearing for 7 not more than five judicial days in order to allow preparation for the hearing. The court may make 8 orders for the care and custody of the person during a postponement as [it] the court deems nec- 9 essary. If a person is detained before a hearing under ORS 426.070, 426.180, 426.228, 426.232, 426.233 10 or 426.702 and the hearing is postponed under this paragraph, the court, for good cause, may allow 11 the person to be detained during the postponement if the postponement is requested by the person 12 or the legal counsel of the person. Any of the following may request a postponement under this 13 paragraph: 14 (A) The person alleged to have a mental illness or the person alleged to be an extremely dan- 15 gerous person with mental illness. 16 (B) The legal counsel or guardian of the person. 17 (C) The individual representing the state's interest. 18 (3) The person alleged to have a mental illness and the individual representing the state's in - 19 terest shall have the right to cross-examine all the following: 20 (a) Witnesses. 21 (b) The individual conducting the investigation. 22 (c) The examining physicians or other licensed independent practitioners who have examined the 23 person. 24 (4) The provisions of ORS 40.230; 40.235, 40.240 and 40.250 shall not apply to and the court may 25 consider as evidence any of the following: 26 (a) Medical records for the current involuntary prehearing period of detention. 27 (b) Statements attributed by the maker of the medical records or the investigation report to 28 witnesses concerning their own observations in the absence of objection or if such individuals are 29 produced as witnesses at the hearing available for cross-examination. 30 (c) The testimony of any treating licensed independent practitioners, nurses or social workers 31 for the prehearing period of detention. Any treating licensed independent practitioner, nurse or so - 32 cial worker who is subpoenaed as a witness for the proceeding shall testify as an expert witness 33 under the provisions of ORS 40.410, 40.415, 40.420 and 40.425 and is subject to treatment as an ex - 34 pert witness in the payment of witness fees and costs. 35 (d) The investigation report prepared under ORS 426.074. Subject to the following, the investi- 36 gation report shall be introduced in evidence: 37 (A) Introduction of the report under this paragraph does not require the consent of the person 38 alleged to have a mental illness. 39 (B) Upon objection by any party to the action, the court shall exclude any part of the investi- 40 gation report that may be excluded under the Oregon Evidence Code on grounds other than those 41 set forth in ORS 40.230, 40.235, 40.240 or 40.250. 42 (C) Neither the investigation report nor any part thereof shall be introduced into evidence under 43 this paragraph unless the investigator is present during the proceeding to be cross-examined or un - 44 less the presence of the investigator is waived by the person alleged to have a mental illness or 45 counsel for the person. [3] SB 762 1 SECTION 3. ORS 426.100 is amended to read: 2 426.100. (1) At the time the person alleged to have a mental illness is brought before the court, 3 the court shall advise the person of the following: 4 (a) The reason for being brought before the court; 5 (b) The nature of the proceedings; 6 (c) The possible results of the proceedings; 7 (d) The right to subpoena witnesses; and 8 (e) The person's rights regarding representation by or appointment of counsel. 9 (2) Subsection (3) of this section establishes the rights of persons alleged to have a mental ill - 10 ness in each of the following circumstances: 11 (a) When the person is held by warrant of detention issued under ORS 426.070. 12 (b) In commitment hearings under ORS 426.095. 13 (c) When the person is detained as provided under ORS 426.228, 426.232 or 426.233. 14 (d) In recommitment hearings under ORS 426.307. 15 (3) When provided under subsection (2) of this section, a person alleged to have a mental illness 16 has the following rights relating to representation by or appointment of counsel: 17 (a) The right to obtain suitable legal counsel possessing skills and experience commensurate 18 with the nature of the allegations and complexity of the case during the proceedings. 19 (b) If the person is determined to be financially eligible for appointed counsel at state expense, 20 the court will appoint legal counsel to represent the person. If counsel is appointed at state expense, 21 payment of expenses and compensation relating to legal counsel shall be made as provided under 22 ORS 426.250. 23 (c) If the person alleged to have a mental illness does not request legal counsel, the legal 24 guardian, relative or friend may request the assistance of suitable legal counsel on behalf of the 25 person. 26 (d) If no request for legal counsel is made, the court shall appoint suitable legal counsel unless 27 counsel is expressly, knowingly and intelligently refused by the person. 28 [(e) If the person is being involuntarily detained before a hearing on the issue of commitment, the 29 right under paragraph (a) of this subsection to contact an attorney or under paragraph (b) of this 30 subsection to have an attorney appointed may be exercised as soon as reasonably possible.] 31 [(/)] (e) In all cases suitable legal counsel shall be present at the hearing and may be present 32 at examination and may examine all witnesses offering testimony, and otherwise represent the per - 33 son. 34 (4)(a) In addition to the rights described in subsection (3) of this section, a person alleged 35 to have a mental illness who is being involuntarily detained before a hearing on the issue of 36 commitment, pursuant to a warrant of detention issued under ORS 426.070 or as provided 37 under ORS 426.228, 426.232 or 426.233, has the following rights: 38 (A) The right to obtain counsel, as provided in subsection (3)(a) of this section, or to have 39 counsel appointed as provided in subsection (3)(b) of this section, as soon as reasonably 40 possible. 41 (B) The right, no later than five days after the person is detained, to request a hearing 42 in writing, personally or through a relative, a friend or an attorney, on the need for de - 43 tention, and the hearing shall be held no later than five days after the written request. The 44 hearing may be postponed at the request of the person. 45 (b) In the hearing described in paragraph (a)(B) of this subsection, the court shall take [4] SB 762 1 testimony and examine the person. The examination may be held outside of the courtroom 2 if the court deems it advisable. 3 (c) The court shall issue a written decision on whether there is probable cause to detain 4 the person as a person with a mental illness who is in need of treatment. If the court finds 5 probable cause to detain the person, the court shall order the detention of the person until 6 the earlier of - 7 f7 (A) The conclusion of a hearing under ORS 426.095; or 8 (B) A period not to exceed 15 days from the date the detention began, except as provided 9 in ORS 426.095 (2)(c). 10 (d) A determination of probable cause to detain the person, under paragraph (c) of this 11 subsection, may not be deemed to be an adjudication that the person is a person with a 12 mental illness. 13 LOA (5) The responsibility for representing the state's interest in commitment proceedings, in - 14 cluding, but not limited to, preparation of the state's case and appearances at commitment hearings 15 is as follows: 16 (a) The Attorney General's office shall have the responsibility relating to proceedings initiated 17 by state hospital staff that are any of the following: 18 (A) Recommitment proceedings under ORS 426.307; or 19 (B) Proceedings under ORS 426.228, 426.232 or 426.233. 20 (b) The district attorney if requested to do so by the governing body of the county. 21 (c) In lieu of the district attorney under paragraph (b) of this subsection, a counsel designated 22 by the governing body of a county shall take the responsibility. A county governing body may des - 23 ignate counsel to take responsibility under this paragraph either for single proceedings or for all 24 such proceedings the county will be obligated to pay for under ORS 426.250. If a county governing 25 body elects to proceed under this paragraph, the county governing body shall so notify the district 26 attorney. The expenses of an attorney appointed under this paragraph shall be paid as provided 27 under ORS 426.250. 28 SECTION 4. ORS 426.210 is amended to read: 29 426.210. An individual admitted to a hospital or nonhospital facility pursuant to the emergency 30 commitment proceedings under ORS 426.180 and 426.200 may not be detained there for more than 31 [ive] 15 judicial days following admission. The court, for good cause, may allow a postponement and 32 detention during a postponement as provided under ORS 426.095. 33 SECTION 5. ORS 426.232 is amended to read: 34 426.232. (1) If a licensed independent practitioner believes a person who is brought to a hospital 35 or nonhospital facility by a peace officer under ORS 426.228 or by an individual authorized under 36 ORS 426.233, or believes a person who is at a hospital or nonhospital facility, is dangerous to self 37 or to any other person and is in need of emergency care or treatment for mental illness, and the 38 licensed independent practitioner is not related to the person by blood or marriage, the licensed 39 independent practitioner may do one of the following: 40 (a) Detain the person and cause the person to be admitted or, if the person is already admitted, 41 cause the person to be retained in a hospital where the licensed independent practitioner has ad - 42 mitting privileges or is on staff. 43 (b) Approve the person for emergency care or treatment at a nonhospital facility approved by 44 the authority. 45 (2) When approving a person for emergency care or treatment at a nonhospital facility under [5) SB 762 1 this section, the licensed independent practitioner shall notify immediately the community mental 2 health program director in the county where the person was taken into custody and maintain the 3 person, if the person is being held at a hospital, for as long as is feasible given the needs of the 4 person for mental or physical health or safety. However, under no circumstances may the person 5 be held for longer than [five] 15 judicial days. 6 SECTION 6. ORS 426.234 is amended to read: 7 426.234. (1) At the time a person alleged to have a mental illness is admitted to or retained in 8 a hospital or nonhospital facility under ORS 426.232 or 426.233, a licensed independent practitioner, 9 nurse or qualified mental health professional at the hospital or nonhospital facility shall: 10 (a) Inform the person of the person's right to representation by or appointment of counsel and 11 the right to request, in writing, a hearing on whether there is probable cause to retain the 12 person, as described in ORS 426.100; 13 (b) Give the person the warning under ORS 426.123; 14 (c) Immediately examine the person; 15 (d) Set forth, in writing, the condition of the person and the need for emergency care or treat - 16 ment; and 17 (e) If the licensed independent practitioner, nurse or qualified mental health professional rea- 18 sonably suspects that the person is a foreign national, inform the person of the person's right to 19 communicate with an official from the consulate of the person's country. A licensed independent 20 practitioner, nurse or qualified mental health professional is not civilly or criminally liable for fail - 21 ure to provide the information required by this paragraph. Failure to provide the information re - 22 quired by this paragraph does not in itself constitute grounds for the exclusion of evidence that 23 would otherwise be admissible in a proceeding. 24 (2)(a) At the time the person is admitted to or retained in a hospital under ORS 426.232, the li- 25 censed independent practitioner shall contact the community mental health program director of the 26 county in which the person resides, if the county of residence is different from the county in which 27 the hospital is located. The community mental health program director may request that the licensed 28 independent practitioner notify the circuit court in the county in which the person resides. If the 29 community mental health program director does not make the request, the licensed independent 30 practitioner shall notify, immediately and in writing, the circuit court in the county in which the 31 person is hospitalized. 32 (b) At the time the person is admitted to a hospital under ORS 426.232 after being brought to 33 the hospital by a peace officer under ORS 426.228, the licensed independent practitioner shall con - 34 tact the community mental health program director of the county in which the person is hospital - 35 ized. The community mental health program director of the county in which the person is 36 hospitalized may request that the licensed independent practitioner notify the circuit court in the 37 county in which the person is hospitalized. If the community mental health program director does 38 not make the request, the licensed independent practitioner shall notify, immediately and in writing, 39 the circuit court in the county in which the person was taken into custody. 40 (c) If, at any time prior to the hearing under ORS 426.070 to 426.130, the licensed independent 41 practitioner responsible for a person admitted or retained under ORS 426.232 determines that the 42 person is not dangerous to self or to any other person and is not in need of emergency care or 43 treatment for mental illness, the licensed independent practitioner may release the person from the 44 detention authorized by ORS 426.232. The licensed independent practitioner shall immediately notify 45 the circuit court notified under this subsection and the community mental health program director [6] SB 762 1 of the person's release from detention. 2 (3)(a) At the time the person is admitted to or retained in a nonhospital facility under ORS 3 426.233, the community mental health program director in the county where the person was taken 4 into custody shall contact the community mental health program director of the county in which the 5 person resides, if the county of residence is different from the county in which the person was taken 6 into custody. The community mental health program director of the county in which the person re - 1 sides may request that the community mental health program director of the county in which the 8 person was taken into custody notify the circuit court in the county where the person resides. 9 Otherwise, the community mental health program director of the county in which the person was 10 taken into custody shall notify, immediately and in writing, the circuit court in the county in which 11 the person was taken into custody. 12 (b) If, at any time prior to the hearing under ORS 426.070 to 426.130, a community mental health 13 program director, after consultation with a licensed independent practitioner, determines that a 14 person admitted or retained under ORS 426.233 is not dangerous to self or to any other person and 15 is not in need of immediate care, custody or treatment for mental illness, the community mental 16 health program director may release the person from detention. The community mental health pro - 17 gram director shall immediately notify the circuit court originally notified under paragraph (a) of 18 this subsection of the person's release from detention. 19 (4) When the judge of the circuit court receives notice under subsection (2) or (3) of this section, 20 the judge immediately shall commence proceedings under ORS 426.070 to 426.130. In a county having 21 a population of 100,000 or more, and when feasible in a county with a lesser population, the com- 22 munity mental health program director or designee who directs the peace officer or other authorized 23 individual to take a person into custody under ORS 426.233 shall not also conduct the investigation 24 as provided for under ORS 426.074: Except when a person is being held under ORS 426.237 (1)(b), a 25 person shall not be held under ORS 426.232 or 426.233 for more than [five] 15 judicial days without 26 a hearing being held under ORS 426.070 to 426.130. 27 (5) When the judge of the circuit court receives notice under subsection (2)(c) or (3)(b) of this 28 section that a person has been released, and unless the court receives the recommendation required 29 by ORS 426.070 (4), the judge shall dismiss the case no later than 14 days after the date the person 30 was initially detained. 31 SECTION 7. ORS 426.237 is amended to read: 32 426.237. (1) During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 33 or 426.233, the community mental health program director shall do one of the following: 34 (a) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not 35 proceed further in the matter if the community mental health program director does not believe the 36 person is a person with mental illness or that the person is in need of assisted outpatient treatment. 37 (b) No later than three judicial days after initiation of a prehearing period of detention as pro - 38 vided in ORS 426.070, 426.140, 426.232 or 426.233, certify the detained person for a 14 -day period of 39 intensive treatment if: 40 (A) The community mental health program director and a licensed independent practitioner have 41 probable cause to believe the person is a person with mental illness; 42 (B) The community mental health program director in the county where the person resides 43 verbally approves the arrangements for payment for the services at the hospital or nonhospital fa - 44 cility; and 45 (C) The community mental health program director locates a hospital or nonhospital facility [7l SB 762 1 that: 2 (i) Is approved by the authority and the community mental health program director in the 3 county where the person resides; and 4 (ii) Can, in the opinion of the community mental health program director and the licensed in - 5 dependent practitioner, provide intensive care or treatment for mental illness necessary and suffi- 6 cient to meet the emergency psychiatric needs of the person. 7 (c) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court 8 hold a hearing under ORS 426.070 to 426.130 if the community mental health program director has 9 probable cause to believe the person is a person with mental illness or that the person is in need 10 of assisted outpatient treatment. 11 (2)(a) If the circuit court adopts the recommendation of the community mental health program 12 director under subsection (1)(a) of this section, the circuit court shall enter an order releasing the 13 person and dismissing the case. Unless the person agrees to voluntary treatment, if the person is 14 being detained in a: 15 (A) Nonhospital facility, the community mental health program director shall make discharge 16 plans and ensure the discharge of the person. 17 (B) Hospital, the licensed independent practitioner who is treating the person shall make dis- 18 charge plans and discharge the person. 19 (b) Upon release of the person, the community mental health program director shall attempt to 20 notify the person's next of kin if the person consents to the notification. 21 (3)(a) If the detained person is certified for treatment under subsection (1)(b) of this section, the 22 community mental health program director shall: 23 (A) Deliver immediately a certificate to the court having jurisdiction under ORS 426.060; and 24 (B) Orally inform the person of the certification and deliver a copy of the certificate to the 25 person. 26 (b) The certificate required by paragraph (a) of this subsection shall include: 27 (A) A written statement under oath by the community mental health program director and the 28 licensed independent practitioner that they have probable cause to believe the person is a person 29 with mental illness in need of care or treatment for mental illness; 30 (B) A treatment plan that describes, in general terms, the types of treatment and medication to 31 be provided to the person during the 14 -day period of intensive treatment; 32 (C) A notice of the person's right to an attorney and that an attorney will be appointed by the 33 court or as otherwise obtained under ORS 426.100 (3); 34 (D) A notice of the person's right to request a hearing, in writing, on whether there is 35 probable cause to detain the person under ORS 426.100 (4); 36 [(DA (E) A notice that the person has a right to request and be provided a hearing under ORS 37 426.070 to 426.130 at any time during the 14 -day period; and 38 [(E)] (F) The date and time the copy of the certificate was delivered to the person. 39 (c) Immediately upon receipt of a certificate under paragraph (a) of this subsection, the court 40 shall notify the person's attorney or appoint an attorney for the person if the person cannot afford 41 one. Within 24 hours of the time the certificate is delivered to the court, the person's attorney shall 42 review the certificate with the person. If the person and the person's attorney consent to the certi- 43 fication within one judicial day of the time the certificate is delivered to the circuit court and, ex - 44 cept as provided in subsection (4) of this section, the court shall postpone the hearing required by 45 ORS 426.070 to 426.130 for 14 days. EF SB 762 1 (d) When a person is certified for treatment under subsection (1)(b) of this section and accepts 2 the certification: 3 (A) Except as otherwise provided in this paragraph, all methods of treatment, including the 4 prescription and administration of drugs, shall be the sole responsibility of the licensed independent 5 practitioner who is treating the person. However, the person shall not be subject to electroshock 6 therapy or unduly hazardous treatment and shall receive usual and customary treatment in accord - 7 ance with medical standards in the community. 8 (B) Except when the person expressly refuses treatment, the treating licensed independent 9 practitioner shall treat the person within the scope of the treatment plan provided the person under 10 paragraph (b) of this subsection. The person's refusal of treatment constitutes sufficient grounds for 11 the community mental health program director to request a hearing as provided in subsection (4)(a) 12 of this section. 13 (C) If the person is in a hospital and the community mental health program director locates a 14 nonhospital facility, approved by the authority, that, in the opinion of the community mental health 15 program director and the licensed independent practitioner who is treating the person, can provide 16 care or treatment for mental illness necessary and sufficient to meet the emergency psychiatric 17 needs of the person, the treating licensed independent practitioner shall discharge the person from 18 the hospital and the community mental health program director shall remove the person to the 19 nonhospital facility for the remainder of the 14 -day intensive treatment period. If, however, in the 20 opinion of the treating licensed independent practitioner, the person's condition requires the person 21 to receive medical care or treatment, the licensed independent practitioner shall retain the person 22 in the hospital. 23 (D) If the person is in a nonhospital facility, the community mental health program director shall 24 trans r the person to a hospital approved by the authority under the following conditions: 25 (i) If, in the opinion of a licensed independent practitioner, the person's condition requires the 26 person to receive medical care or treatment in a hospital; and 27 (ii) The licensed independent practitioner agrees to admit the person to a hospital, approved by 28 the authority, where the licensed independent practitioner has admitting privileges. 29 (E) If the person is transferred as provided in subparagraph (C) or (D) of this paragraph, the 30 community mental health program director shall notify the circuit court, in the county where the 31 certificate was filed, of the location of the person. The person may appeal the transfer as provided 32 by rules of the authority. 33 (e) If the person is in a hospital, the licensed independent practitioner who is treating the person 34 may discharge the person at any time during the 14 -day period. The treating licensed independent 35 practitioner shall confer with the community mental health program director and the person's next 36 of kin, if the person consents to the consultation, prior to discharging the person. Immediately upon 37 discharge of the person, the treating licensed independent practitioner shall notify the court in the 38 county in which the certificate was filed initially. 39 (f) If the person is in a nonhospital facility, the community mental health program director may 40 discharge the person at any time during the 14 -day period. The community mental health program 41 director shall consult with the licensed independent practitioner who is treating the person and the 42 person's next of kin, if the person consents to the consultation, prior to discharging the person. 43 Immediately upon discharge of the person, the community mental health program director shall no - 44 tify the court in the county in which the certificate was filed initially. 45 (g) The person may agree to voluntary treatment at any time during the 14 -day period. When a [9l SB 762 1 person agrees to voluntary treatment under this paragraph, the community mental health program 2 director immediately shall notify the court in the county in which the certificate was filed initially. 3 (h) A person consenting to 14 days of treatment under subsection (3)(c) of this section shall not 4 be held longer than 14 days from the time of consenting without a hearing as provided in ORS 5 426.070 to 426.130. 6 (i) When the court receives notification under paragraph (e), (f) or (g) of this subsection, the 7 court shall dismiss the case. s (4) The judge of the circuit court shall immediately commence proceedings under ORS 426.070 9 to 426.130 when: 10 (a) The person consenting to 14 days of treatment or the community mental health program di- ll rector requests a hearing. The hearing shall be held without unreasonable delay. In no case shall 12 the person be held in a hospital or nonhospital facility longer than Vive] 15 judicial days after the 13 request for a hearing is made without a hearing being held under ORS 426.070 to 426.130. 14 (b) The community mental health program director acts under subsection (1)(c) of this section. 15 In no case shall the person be held longer than [five] 15 judicial days without a hearing under this 16 subsection. 17 [10] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 80th OREGON LEGISLATIVE ASSEMBLY --2019 Regular Session Senate Bill 763 Sponsored by COMMITTEE ON JUDICIARY (at the request of Workgroup to Decriminalize Mental Illness) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Defines "dangerous to self or others" for purposes of civil commitment proceedings. Describes evidence that court may consider in determining whether person is dangerous to self or others. A BILL FOR AN ACT Relating to civil commitment; amending ORS 163.738, 426.005, 426.070, 426.074, 426.130, 426.133, 426.160, 426.180, 426.225, 426.228, 426.231, 426.232, 426.233 and 426.234. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 426.005 is amended to read: 426.005. (1) As used in ORS 426.005 to 426.390, unless the context requires otherwise: (a) "Community mental health program director" means the director of an entity that provides the services described in ORS 430.630 (3) to (5). (b) "Dangerous to self or others" means likely to inflict serious physical harm upon self or another person within the next 30 days. [(b)] (c) "Director of the facility" means a superintendent of a state mental hospital, the chief of psychiatric servicess in a community hospital or the person in charge of treatment and rehabili- tation programs at other treatment facilities. [(c)] (d) "Facility" means a state mental hospital, community hospital, residential facility, detoxification center, day treatment facility or such other facility as the authority determines suit- able that provides diagnosis and evaluation, medical care, detoxification, social services or rehabil- itation to persons who are in custody during a prehearing period of detention or who have been committed to the Oregon Health Authority under ORS 426.130. [(d)] (e) "Licensed independent practitioner" means: (A) A physician, as defined in ORS 677.010; (B) A nurse practitioner certified under ORS 678.375 and authorized to write prescriptions under 22 ORS 678.390; or 23 (C) A naturopathic physician licensed under ORS chapter 685. 24 [(e)] (f) "Nonhospital facility" means any facility, other than a hospital, that is approved by the 25 authority to provide adequate security, psychiatric, nursing and other services to persons under ORS 26 426.232 or 426.233. 27 [(fi] (g) "Person with mental illness" means a person who, because of a mental disorder, is one 28 or more of the following: 29 (A) Dangerous to self or others. 30 (B) Unable to provide for basic personal needs that are necessary to avoid serious physical harm 31 in the near future, and is not receiving such care as is necessary to avoid such harm. NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 814 SB 763 1 (C) A person: 2 (i) With a chronic mental illness, as defined in ORS 426.495; 3 (ii) Who, within the previous three years, has twice been placed in a hospital or approved in - 4 patient facility by the authority or the Department of Human Services under ORS 426.060; 5 (iii) Who is exhibiting symptoms or behavior substantially similar to those that preceded and led 6 to one or more of the hospitalizations or inpatient placements referred to in sub -subparagraph (ii) 7 of this subparagraph; and 8 (iv) Who, unless treated, will continue, to a reasonable medical probability, to physically or 9 mentally deteriorate so that the person will become a person described under either subparagraph 10 (A) or (B) of this paragraph or both. 11 KkA (h) "Prehearing period of detention" means a period of time calculated from the initiation 12 of custody during which a person may be detained under ORS 426.228, 426.231, 426.232 or 426.233. 13 (2) Whenever a community mental health program director, director of the facility, superinten- 14 dent of a state hospital or administrator of a facility is referred to, the reference includes any 15 designee such person has designated to act on the person's behalf in the exercise of duties. 16 SECTION 2. ORS 426.130 is amended to read: 17 426.130. (1) After hearing all of the evidence, and reviewing the findings of the examiners, the 18 court shall determine whether the person has a mental illness and is in need of treatment. In de - 19 termining whether a person has a mental illness based on the person being dangerous to self 20 or others, the court: 21 (a) May consider, but is not limited to, the following: 22 (A) Threats or attempts to commit suicide or inflict serious physical harm upon self. 23 (B) Threats or attempts to inflict serious physical harm upon another person, if the 24 threats or attempts would place a reasonable person in fear of imminent serious physical 25 harm. 26 (C) Any past behavior by the person that resulted in physical harm to self or physical 27 harm to another person. 28 (b) Shall consider, at a minimum, when assessing the relevance of the person's past be - 29 havior, how recently the past behavior occurred and the frequency and severity of the past 30 behavior. 31 (2) If, in the opinion of the court, the person: 32 (a) Is a person with mental illness based upon clear and convincing evidence, the court: 33 (A) Shall order the release of the person and dismiss the case if: 34 (i) The person is willing and able to participate in treatment on a voluntary basis; and 35 (ii) The court finds that the person will probably do so. 36 (B) May order conditional release under this subparagraph subject to the qualifications and re - 37 quirements under ORS 426.125. If the court orders conditional release under this subparagraph, the 38 court shall establish a period of commitment for the conditional release. 39 (C) May order commitment of the person with mental illness to the Oregon Health Authority for 40 treatment if, in the opinion of the court, subparagraph (A) or (B) of this paragraph is not in the best 41 interest of the person. If the court orders commitment under this subparagraph: 42 (i) The court shall establish a period of commitment. 43 (ii) The authority may place the committed person in outpatient commitment under ORS 426.127. 44 (D) Shall order that the person be prohibited from purchasing or possessing a firearm if, in the 45 opinion of the court, there is a reasonable likelihood the person [would constitute a danger) is dan- [21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 763 gerous to self or others or to the community at large as a result of the person's mental or psycho- logical state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, un- lawful conduct. When a court makes an order under this subparagraph, the court shall cause a copy of the order to be delivered to the sheriff of the county who will enter the information into the Law Enforcement Data System. (b) Is not a person with mental illness, the court shall release the person from custody if the person has been detained under ORS 426.070, 426.180, 426.228, 426.232 or 426.233 and: (A) Dismiss the case; or (B) Order the person to participate in assisted outpatient treatment in accordance with ORS 426.133. The court may continue the proceeding for no more than seven days to allow time for the community mental health program director to develop the person's assisted outpatient treatment plan. [(2)] (3) A court that orders a conditional release, a commitment or assisted outpatient treat- ment under this section shall establish a period of commitment or treatment for the person subject to the order. Any period of commitment ordered for commitment or conditional release under this section shall be for a period of time not to exceed 180 days. A period of assisted outpatient treat- ment shall be for a period of time not to exceed 12 months. [(3)] (4) If the commitment proceeding was initiated under ORS 426.070 (1)(a) and if the notice included a request under ORS 426.070 (2)(d)(B), the court shall notify the two persons of the court's determination under subsection [(1)] (2) of this section. [(4)] (5) If the court finds that the person is a person with mental illness and either orders commitment under subsection [0)(¢)(B) or (C)] (2)(a)(B) or (C) of this section or enters an order under subsection [(1)(a)(DA (2)(a)(M of this section, the court shall notify the person that the person is prohibited from purchasing or possessing a firearm under state and federal law unless the person obtains relief from the prohibition from the Psychiatric Security Review Board under ORS 166.273 or under federal law. SECTION 3. ORS 426.070 is amended to read: 426.070. (1) Any of the following may initiate commitment procedures under this section by giv- ing the notice described under subsection (2) of this section: (a) Two persons; (b) The local health officer; or (c) Any magistrate. (2) For purposes of subsection (1) of this section, the notice must comply with the following: (a) It must be in writing under oath; (b) It must be given to the community mental health program director or a designee of the di- rector in the county where the person alleged to have a mental illness resides; (c) It must state that a person within the county other than the person giving the notice is a person with mental illness and is in need of treatment, care or custody; (d) If the commitment proceeding is initiated by two persons under subsection (1)(a) of this sec- tion, it may include a request that the court notify the two persons: (A) Of the issuance or nonissuance of a warrant under this section; or (B) Of the court's determination under ORS 426.130 [(1)] (2); and (e) If the notice contains a request under paragraph (d) of this subsection, it must also include the addresses of the two persons making the request. [3] SB 763 1 (3) Upon receipt of a notice under subsections (1) and (2) of this section or when notified by a 2 circuit court that the court received notice under ORS 426.234, the community mental health pro - 3 gram director, or designee of the director, shall: 4 (a) Immediately notify the judge of the court having jurisdiction for that county under ORS 5 426.060 of the notification described in subsections (1) and (2) of this section. 6 (b) Immediately notify the Oregon Health Authority if commitment is proposed because the 7 person appears to be a person with mental illness, as defined in ORS 426.005 [(1)(t)(C)] (1)(g)(C). 8 When such notice is received, the authority may verify, to the extent known by the authority, 9 whether or not the person meets the criteria described in ORS 426.005 [(1)(f)(C)(i)] (1)(g)(C)(i) and 10 (ii) and so inform the community mental health program director or designee of the director. 11 (c) Initiate an investigation under ORS 426.074 to determine whether there is probable cause to 12 believe that the person is in fact a person with mental illness. 13 (4) Upon completion, a recommendation based upon the investigation report under ORS 426.074 14 shall be promptly submitted to the court. If the community mental health program director deter - 15 mines that probable cause does not exist to believe that a person released from detention under ORS 16 426.234 (2)(c) or (3)(b) is a person with mental illness, the community mental health program director 17 may recommend assisted outpatient treatment in accordance with ORS 426.133. 18 (5) When the court receives notice under subsection (3) of this section: 19 (a) If the court, following the investigation, concludes that there is probable cause to believe 20 that the person investigated is a person with mental illness, it shall, through the issuance of a ci- 21 tation as provided in ORS 426.090, cause the person to be brought before it at a time and place as 22 it may direct, for a hearing under ORS 426.095 to determine whether the person is a person with 23 mental illness. The person shall be given the opportunity to appear voluntarily at the hearing unless 24 the person fails to appear or unless the person is detained pursuant to paragraph (b) of this sub - 25 section. 26 (b)(A) If the court finds that there is probable cause to believe that failure to take the person 27 into custody pending the investigation or hearing would pose serious harm or danger to the person 28 or to others, the court may issue a warrant of detention to the community mental health program 29 director or designee or the sheriff of the county or designee directing the director, sheriff or a 30 designee to take the person alleged to have a mental illness into custody and produce the person 31 at the time and place stated in the warrant. 32 (B) At the time the person is taken into custody, the person shall be informed by the community 33 mental health program director, the sheriff or a designee of the following: 34 (i) The person's rights with regard to representation by or appointment of counsel as described 35 in ORS 426.100; 36 (ii) The warning under ORS 426.123; and 37 (iii) The person's right, if the community mental health program director, sheriff or designee 38 reasonably suspects that the person is a foreign national, to communicate with an official from the 39 consulate of the person's country. A community mental health program director, sheriff or designee 40 is not civilly or criminally liable for failure to provide the information required by this sub - 41 subparagraph. Failure to provide the information required by this sub -subparagraph does not in itself 42 constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. 43 (C) The court may make any orders for the care and custody of the person prior to the hearing 44 as it considers necessary. 45 (c) If the notice includes a request under subsection (2)(d)(A) of this section, the court shall [4] SB 763 1 notify the two persons of the issuance or nonissuance of a warrant under this subsection. 2 SECTION 4. ORS 426.074 is amended to read: 3 426.074. The following is applicable to an investigation initiated by a community mental health 4 program director, or a designee of the director, as part of commitment procedures under ORS 5 426.070 and 426.228 to 426.235: 6 (1) If the person alleged to have a mental illness is held in custody before the hearing the in - 7 vestigation shall be completed at least 24 hours before the hearing under ORS 426.095, otherwise the 8 investigation shall comply with the following time schedule: 9 (a) If the person can be located, the investigator shall contact the person within three judicial 10 days from the date the community mental health program director or a designee receives a notice 11 under ORS 426.070 alleging that the person has a mental illness and is in need of treatment. 12 (b) Within 15 days from the date the community mental health program director or a designee 13 receives a notice under ORS 426.070, one of the following shall occur: 14 (A) The investigation shall be completed and submitted to the court. 15 (B) An application for extension shall be made to the court under paragraph (c) of this sub - 16 section. 17 (c) The community mental health program director, a designee or the investigator may file for 18 an extension of the time under paragraph (b) of this subsection only if one of the following occurs: 19 (A) A treatment option less restrictive than involuntary inpatient commitment is actively being 20 pursued. 21 (B) The person alleged to have a mental illness cannot be located. 22 (d) A court may grant an extension under paragraph (c) of this subsection for a time and upon 23 the terms and conditions the court considers appropriate. 24 (2) This subsection establishes a nonexclusive list of provisions applicable to the content of the 25 investigation, as follows: 26 (a) The investigation conducted should, where appropriate, include an interview or examination 27 of the person alleged to have a mental illness in the home of the person or other place familiar to 28 the person. 29 (b) Whether or not the person consents, the investigation should include interviews with any 30 individuals that the investigator has probable cause to believe have pertinent information regarding 31 the investigation. If the person objects to the contact with any individual, the objection shall be 32 noted in the investigator's report. 33 (c) The investigator shall be allowed access to licensed independent practitioners, nurses or so - 34 tial workers and to medical records compiled during the current involuntary prehearing period of 35 detention to determine probable cause and to develop alternatives to commitment. If commitment is 36 proposed because the person appears to be a person with mental illness as defined in ORS 426.005 37 [(1)(fl(C)] (1)(g)(C), the investigator shall be allowed access to medical records necessary to verify 38 the existence of criteria described in ORS 426.005 [(1)(t)(0] (1)(g)(C). The investigator shall include 39 pertinent parts of the medical record in the investigation report. Records and communications de - 40 scribed in this paragraph and related communications are not privileged under ORS 40.230, 40.235, 41 40.240 or 40.250. 42 (3) A copy of the investigation report shall be provided as soon as possible, but in no event later 43 than 24 hours prior to the hearing, to the person and to the person's counsel. Copies shall likewise 44 be provided to counsel assisting the court, to the examiners and to the court for use in questioning 45 witnesses. [5] SB 763 1 SECTION 5. ORS 426.133 is amended to read: 2 426.133. (1) As used in ORS 426.005 to 426.390, "assisted outpatient treatment" may not be con - 3 strued to be a commitment under ORS 426.130 and does not include taking a person into custody 4 or the forced medication of a person. 5 (2) A court may issue an order requiring a person to participate in assisted outpatient treatment 6 if the court finds that the person: 7 (a)(A) Is 18 years of age or older; 8 (B) Has a mental disorder; 9 (C) Will not obtain treatment in the community voluntarily; and 10 (D) Is unable to make an informed decision to seek or to comply with voluntary treatment; and 11 (b) As a result of being a person described in paragraph (a) of this subsection: 12 (A) Is incapable of surviving safely in the community without treatment; and 13 (B) Requires treatment to prevent a deterioration in the person's condition that will predictably 14 result in the person becoming a person with mental illness. 15 (3) In determining whether to issue the order under subsection (2) of this section, the court shall 16 consider, but is not limited to considering, the following factors: 17 (a) The person's ability to access finances in order to get food or medicine. 18 (b) The person's ability to obtain treatment for the person's medical condition. 19 (c) The person's ability to access necessary resources in the community without assistance. 20 (d) The degree to which there are risks to the person's safety. 21 (e) The likelihood that the person will decompensate without immediate care or treatment. 22 (f) The person's previous attempts to inflict physical injury on self or others. 23 (g) The person's history of mental health treatment in the community. 24 (h) The person's patterns of decompensation in the past. 25 (i) The person's risk of being victimized or harmed by others. 26 0) The person's access to the means to inflict harm on self or others. 27 (4) The community mental health program director may recommend to the court a treatment 28 plan for a person participating in assisted outpatient treatment. The court may adopt the plan as 29 recommended or with modifications. 30 (5) As part of the order under subsection (2) of this section, the court may prohibit the person 31 from purchasing or possessing a firearm during the period of assisted outpatient treatment if, in the 32 opinion of the court, there is a reasonable likelihood the person [would constitute a danger] is dan- 33 gerous to self or others or to the community at large as a result of the person's mental or psycho - 34 logical state, as demonstrated by past behavior or participation in incidents involving unlawful 35 violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, un - 36 lawful conduct. When a court adds a firearm prohibition to an order under subsection (2) of this 37 section, the court shall cause a copy of the order to be delivered to the sheriff of the county, who 38 shall enter the information into the Law Enforcement Data System. 39 (6) The court retains jurisdiction over the person until the earlier of the end of the period of 40 the assisted outpatient treatment established under ORS 426.130 [(2)] (3) or until the court finds that 41 the person no longer meets the criteria in subsection (2) of this section. 42 (7) This section does not: 43 (a) Prevent a court from appointing a guardian ad litem to act for the person; or 44 (b) Require a community mental health program to provide treatment or services to, or super - 45 vision of, the person: [6] SB 763 1 (A) If the county lacks sufficient funds for such purposes; or 2 (B) In the case of a county that has declined to operate or contract for a community mental 3 health program, if the public agency or private corporation that contracts with the Oregon Health 4 Authority to provide the program, as described in ORS 430.640, lacks sufficient funds for such pur- 5 poses. 6 SECTION 6. ORS 426.160 is amended to read: 7 426.160. (1) The court having jurisdiction over any proceeding conducted pursuant to ORS 8 426.005, 426.060 to 426.170, 426.217, 426.228, 426.255 to 426.292, 426.300 to 426.309, 426.385, 426.395, 9 426.701 and 426.702 may not disclose any part of the record of the proceeding or commitment to any 10 person except: 11 (a) The court shall, pursuant to rules adopted by the Department of State Police, transmit the 12 minimum information necessary, as defined in ORS 181A.290, to the Department of State Police for 13 persons described in ORS 181A.290 (1)(a) or (b) to enable the department to access and maintain the 14 information and transmit the information to the federal government as required under federal law; 15 (b) As provided in ORS 426.070 (5)(c), 426.130 L(3)] (4) or 426.170; 16 (c) On request of the person subject to the proceeding; 17 (d) On request of the person's legal representative or the attorney for the person or the state; 18 or 19 (e) Pursuant to court order. 20 (2) In any proceeding described in subsection (1) of this section that is before the Supreme Court 21 or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate 22 court record and to the trial court record while it is in the appellate court's custody. The appellate 23 court may disclose information from the trial or appellate court record in a decision, as defined in 24 ORS 19.450, provided that the court uses initials, an alias or some other conVention for protecting 25 against public disclosure the identity of the person subject to the proceeding. 26 SECTION 7. ORS 426.180 is amended to read: 27 426.180. (1) ORS 426.180 to 426.210 apply to the commitment of an individual in Indian country 28 ' if the state does not have jurisdiction over the individual. 29 (2) As used in this section and ORS 426.200 and 426.210, "hospital" means a hospital that is li- 30 censed under ORS chapter 441, other than an institution listed in ORS 426.010. 31 (3) If the court of a tribe having jurisdiction over an individual issues an order finding that the 32 individual is dangerous to self or [to any other person] others and is in need of immediate care, 33 custody or treatment for mental illness, a person may request that the individual be taken by a 34 tribal police officer or other peace officer to a hospital or nonhospital facility by submitting to the 35 officer a certified copy of the order and an affidavit that includes: 36 (a) The name and address of the nearest relative or legal guardian of the individual; and 37 (b) A medical history completed by one of the following, who may not be related to the indi- 38 vidual by blood or marriage: 39 (A) The tribe's mental health authority, if the tribe has entered into an agreement with the state 40 pursuant to ORS 430.630 (9)(a)(B); 41 (B) A qualified mental health professional; or 42 (C) A licensed independent practitioner. 43 (4) Upon receipt of the order and affidavit described in subsection (3) of this section, the tribal 44 police officer or other peace officer shall immediately transport the individual to a hospital or a 45 nonhospital facility and present the individual to the hospital or nonhospital facility accompanied [7] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 763 by the court order and affidavit. (5) The director of the hospital or nonhospital facility may refuse to admit the individual if a licensed independent practitioner, after reviewing the documents accompanying the individual, is not satisfied that an emergency exists or that the individual is dangerous to self or others and is in need of immediate care, custody or treatment for mental illness. (6) If the hospital or nonhospital facility admits the individual, the director or a licensed inde- pendent practitioner shall notify the community mental health program director for the area and the circuit court with jurisdiction in the area where the facility is located. Upon receipt of the notice, the community mental health program director shall initiate commitment proceedings in accordance with ORS 426.070. (7) If an individual is admitted to a hospital or nonhospital facility under this section, any li- censed independent practitioner who is treating the individual shall give the individual the warning under ORS 426.123. (8) This section may be applied as provided by agreement with the governing body of the res- ervation. Payment of costs for a commitment made under this section shall be as provided under ORS 426.250. (9) The director of the hospital or nonhospital facility or licensed independent practitioner shall notify the appropriate tribe regarding all actions taken under ORS 426.180 to 426.210 no later than 24 hours after the action is taken, except for information protected from disclosure by state or fed- eral law. SECTION 8. ORS 426.225 is amended to read: 426.225. (1) If any person who has been committed to the Oregon Health Authority under ORS 426.127 or 426.130 [0)(4)(B)] (2)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a state hospital, the superintendent shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, the person shall be voluntarily admit- ted. (2) If any person who has been committed to the authority under ORS 426.127 or 426.130 [(1)(a)(B)] (2)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a fa- cility approved by the authority, the administrator of the facility shall cause the person to be ex- amined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, and the authority grants approval, the person shall be voluntarily admitted. SECTION 9. ORS 426.228 is amended to read: 426.228. (1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or [to any other person] others and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program di- rector, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state: (a) The reason for custody; (b) The date, time and place the person was taken into custody; and (c) The name of the community mental health program director and a telephone number where the director may be reached at all times. [8l SB 763 1 (2) A peace officer shall take a person into custody when the community mental health program 2 director, pursuant to ORS 426.233, notifies the peace officer that the director has probable cause to 3 believe that the person is imminently dangerous to self or [to any other person] others. As directed 4 by the community mental health program director, the peace officer shall remove the person to a 5 hospital or nonhospital facility approved by the authority. The community mental health program 6 director shall prepare a written report that the peace officer shall deliver to the licensed inde- 7 pendent practitioner who is treating the person. The report shall state: 8 (a) The reason for custody; 9 (b) The date, time and place the person was taken into custody; and 10 (c) The name of the community mental health program director and a telephone number where 11 the director may be reached at all times. 12 (3) If more than one hour will be required to transport the person to the hospital or nonhospital 13 facility from the location where the person was taken into custody, the peace officer shall obtain, 14 if possible, a certificate from a licensed independent practitioner stating that the travel will not be 15 detrimental to the person's physical health and that the person is dangerous to self or [to any other 16 person] others and is in need of immediate care or treatment for mental illness. The licensed inde- 17 pendent practitioner shall have personally examined the person within 24 hours prior to signing the 18 certificate. 19 (4) When a peace officer or other authorized individual, acting under this section, delivers a 20 person to a hospital or nonhospital facility, a licensed independent practitioner shall examine the 21 person immediately. If the licensed independent practitioner finds the person to be in need of 22 emergency care or treatment for mental illness, the licensed independent practitioner shall proceed 23 under ORS 426.232, otherwise the person may not be retained in custody. If the person is to be re - 24 leased from custody, the peace officer or the community mental health program director shall return 25 the person to the place where the person was taken into custody unless the person declines that 26 service. 27 (5) A peace officer may transfer a person in custody under this section to the custody of an in - 28 dividual authorized by the community mental health program director under ORS 426.233 (3). The 29 peace officer may meet the authorized individual at any location that is in accordance with ORS 3o 426.140 to effect the transfer. When transferring a person in custody to an authorized individual, the 31 peace officer shall deliver the report required under subsections (1) and (2) of this section to the 32 authorized individual. 33 (6) An individual authorized under ORS 426.233 (3) shall take a person into custody when di - 34 rected to do so by a peace officer or by a community mental health program director under ORS 35 426.233. 36 (7) An individual authorized under ORS 426.233 (3) shall perform the duties of the peace officer 37 or the community mental health program director required by this section and ORS 426.233 if the 38 peace officer or the director has not already done so. 39 (8) An individual authorized under ORS 426.233 (3) may transfer a person in custody under this 40 section to the custody of another individual authorized under ORS 426.233 (3) or a peace officer. The 41 individual transferring custody may meet another authorized individual or a peace officer at any 42 location that is in accordance with ORS 426.140 to effect the transfer. 43 (9)(a) When a peace officer takes a person into custody under this section, and the peace officer 44 reasonably suspects that the person is a foreign national, the peace officer shall inform the person 45 of the person's right to communicate with an official from the consulate of the person's country. 191 SB 763 1 (b) A peace officer is not civilly or criminally liable for failure to provide the information re - 2 quired by this subsection. Failure to provide the information required by this subsection does not 3 in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a 4 proceeding. 5 SECTION 10. ORS 426.231 is amended to read: 6 426.231. (1) A licensed independent practitioner may hold a person for transportation to a 7 treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and 8 approved by the Oregon Health Authority if: 9 (a) The licensed independent practitioner believes the person is dangerous to self or [to any 10 other person] others and is in need of emergency care or treatment for mental illness; 11 (b) The licensed independent practitioner is not related to the person by blood or marriage; and 12 (c) A licensed independent practitioner with admitting privileges at the receiving facility con - 13 sents to the transporting. 14 (2) Before transporting the person, the licensed independent practitioner shall prepare a written 15 statement that: 16 (a) The licensed independent practitioner has examined the person within the preceding 12 17 hours; 18 (b) A licensed independent practitioner with admitting privileges at the receiving facility has 19 consented to the transporting of the person for examination and admission if appropriate; and 20 (c) The licensed independent practitioner believes the person is dangerous to self or [to any other 21 person] others and is in need of emergency care or treatment for mental illness. 22 (3) The written statement required by subsection (2) of this section authorizes a peace officer, 23 an individual authorized under ORS 426.233 or the designee of a community mental health program 24 director to transport a person to the treatment facility indicated on the statement. 25 SECTION 11. ORS 426.232 is amended to read: 26 426.232. (1) If a licensed independent practitioner believes a person who is brought to a hospital 27 or nonhospital facility by a peace officer under ORS 426.228 or by an individual authorized under 28 ORS 426.233, or believes a person who is at a hospital or nonhospital facility, is dangerous to self 29 or [to any other person] others and is in need of emergency care or treatment for mental illness, 30 and the licensed independent practitioner is not related to the person by blood or marriage, the li- 31 censed independent practitioner may do one of the following: 32 (a) Detain the person and cause the person to be admitted or, if the person is already admitted, 33 cause the person to be retained in a hospital where the licensed independent practitioner has ad - 34 mitting privileges or is on staff. 35 (b) Approve the person for emergency care or treatment at a nonhospital facility approved by 36 the authority. 37 (2) When approving a person for emergency care or treatment at a nonhospital facility under 38 this section, the licensed independent practitioner shall notify immediately the community mental 39 health program director in the county where the person was taken into custody and maintain the 40 person, if the person is being held at a hospital, for as long as is feasible given the needs of the 41 person for mental or physical health or safety. However, under no circumstances may the person 42 be held for longer than five judicial days. 43 SECTION 12. ORS 426.233 is amended to read: 44 426.233. (1)(a) A community mental health program director operating under ORS 430.610 to 45 430.695 or a designee of the director may take one of the actions listed in paragraph (b) of this [10] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 763 subsection when the community mental health program director or designee has probable cause to believe a person: (A) Is dangerous to self or [to any other person] others and is in need of immediate care, custody or treatment for mental illness; or (B)(i) Is a person with mental illness placed on conditional release under ORS 426.125, outpatient commitment under ORS 426.127 or trial visit under ORS 426.273; and (ii) Is dangerous to self or [to any other person] others or is unable to provide for basic personal needs and is not receiving the care that is necessary for health and safety and is in need of imme- diate care, custody or treatment for mental illness. (b) The community mental health program director or designee under the circumstances set out in paragraph (a) of this subsection may: (A) Notify a peace officer to take the person into custody and direct the officer to remove the person to a hospital or nonhospital facility approved by the Oregon Health Authority; (B) Authorize involuntary admission of, or, if already admitted, cause to be involuntarily re- tained in a nonhospital facility approved by the authority, a person approved for care or treatment at a nonhospital facility by a licensed independent practitioner under ORS 426.232; (C) Notify an individual authorized under subsection (3) of this section to take the person into custody and direct the authorized individual to remove the person in custody to a hospital or non- hospital facility approved by the authority; (D) Direct an individual authorized under subsection (3) of this section to transport a person in custody from a hospital or a nonhospital facility approved by the authority to another hospital or nonhospital facility approved by the authority as provided under ORS 426.235; or (E) Direct an individual authorized under subsection (3) of this section to transport a person in custody from a facility approved by the authority to another facility approved by the authority as provided under ORS 426.060. (2) A designee under subsection (1) of this section must meet the standards established by rule of the authority and be approved by the community mental health program director before assuming the authority permitted under subsection (1) of this section. (3) The community mental health program director may authorize any individual to provide custody and secure transportation services for a person in custody under ORS 426.228. In author- izing an individual under this subsection, the community mental health program director shall grant the individual the authority to do the following: (a) Accept custody from a peace officer of a person in custody under ORS 426.228; (b) Take custody of a person upon notification by the community mental health program director under the provisions of this section; (c) Remove a person in custody to an approved hospital or nonhospital facility as directed by the community mental health program director; (d) Transfer a person in custody to another individual authorized under this subsection or a peace officer; (e) Transfer a person in custody from a hospital or nonhospital facility to another hospital fa- cility or nonhospital facility when directed to do so by the community mental health program di- rector; and (f) Retain a person in custody at the approved hospital or nonhospital facility until a licensed independent practitioner makes a determination under ORS 426.232. (4) An individual authorized under subsection (3) of this section must meet the standards estab- SB 763 1 lished by rule of the authority and be approved by the community mental health program director 2 before assuming the authority granted under this section. 3 (5) The costs of transporting a person under ORS 426.060, 426.228 or 426.235 by an individual 4 authorized under subsection (3) of this section shall be the responsibility of the community mental 5 health program in the county in which the authorized individual is directed by a peace officer or a 6 community mental health program director to take custody of a person and to transport the person 7 to a facility approved by the authority, but the community mental health program shall not be re - 8 sponsible for costs that exceed the amount provided by the state for that transportation. An indi- 9 vidual authorized to act under subsection (3) of this section shall charge the cost of emergency 10 medical transportation to, and collect that cost from, the person, third party payers or other legally 11 or financially responsible individuals or entities in the same manner that costs for the transportation 12 of other persons are charged and collected. 13 SECTION 13. ORS 426.234 is amended to read: 14 426.234. (1) At the time a person alleged to have a mental illness is admitted to or retained in 15 a hospital or nonhospital facility under ORS 426.232 or 426.233, a licensed independent practitioner, 16 nurse or qualified mental health professional at the hospital or nonhospital facility shall: 17 (a) Inform the person of the person's right to representation by or appointment of counsel as 18 described in ORS 426.100; 19 (b) Give the person the warning under ORS 426.123; 20 (c) Immediately examine the person; 21 (d) Set forth, in writing, the condition of the person and the need for emergency care or treat - 22 ment; and 23 (e) If the licensed independent practitioner, nurse or qualified mental health professional rea- 24 sonably suspects that the person is a foreign national, inform the person of the person's right to 25 communicate with an official from the consulate of the person's country. A licensed independent 26 practitioner, nurse or qualified mental health professional is not civilly or criminally liable for fail - 27 ure to provide the information required by this paragraph. Failure to provide the information re - 28 quired by this paragraph does not in itself constitute grounds for the exclusion of evidence that 29 would otherwise be admissible in a proceeding. 30 (2)(a) At the time the person is admitted to or retained in a hospital under ORS 426.232, the li- 31 censed independent practitioner shall contact the community mental health program director of the 32 county in which the person resides, if the county of residence is different from the county in which 33 the hospital is located. The community mental health program director may request that the licensed 34 independent practitioner notify the circuit court in the county in which the person resides. If the 35 community mental health program director does not make the request, the licensed independent 36 practitioner shall notify, immediately and in writing, the circuit court in the county in which the 37 person is hospitalized. 38 (b) At the time the person is admitted to a hospital under ORS 426.232 after being brought to 39 the hospital by a peace officer under ORS 426.228, the licensed independent practitioner shall con - 40 tact the community mental health program director of the county in which the person is hospital - 41 ized. The community mental health program director of the county in which the person is 42 hospitalized may request that the licensed independent practitioner notify the circuit court in the 43 county in which the person is hospitalized. If the community mental health program director does 44 not make the request, the licensed independent practitioner shall notify, immediately and in writing, 45 the circuit court in the county in which the person was taken into custody. [121 SB 763 1 (c) If, at any time prior to the hearing under ORS 426.070 to 426.130, the licensed independent 2 practitioner responsible for a person admitted or retained under ORS 426.232 determines that the 3 person is not dangerous to self or [to any other person] others and is not in need of emergency care 4 or treatment for mental illness, the licensed independent practitioner may release the person from 5 the detention authorized by ORS 426.232. The licensed independent practitioner shall immediately 6 notify the circuit court notified under this subsection and the community mental health program 7 director of the person's release from detention. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (3)(a) At the time the person is admitted to or retained in a nonhospital facility under ORS 426.233, the community mental health program director in the county where the person was taken into custody shall contact the community mental health program director of the county in which the person resides, if the county of residence is different from the county in which the person was taken into custody. The community mental health program director of the county in which the person re- sides may request that the community mental health program director of the county in which the person was taken into custody notify the circuit court in the county where the person resides. Otherwise, the community mental health program director of the county in which the person was taken into custody shall notify, immediately and in writing, the circuit court in the county in which the person was taken into custody. (b) If, at any time prior to the hearing under ORS 426.070 to 426.130, a community mental health program director, after consultation with a licensed independent practitioner, determines that a person admitted or retained under ORS 426.233 is not dangerous to self or [to any other person] others and is not in need of immediate care, custody or treatment for mental illness, the community mental health program director may release the person from detention. The community mental health program director shall immediately notify the circuit court originally notified under para- graph (a) of this subsection of the person's release from detention. (4) When the judge of the circuit court receives notice under subsection (2) or (3) of this section, the judge immediately shall commence proceedings under ORS 426.070 to 426.130. In a county having a population of 100,000 or more, and when feasible in a county with a lesser population, the com- munity mental health program director or designee who directs the peace officer or other authorized individual to take a person into custody under ORS 426.233 shall not also conduct the investigation as provided for under ORS 426.074. Except when a person is being held under ORS 426.237 (1)(b), a person shall not be held under ORS 426.232 or 426.233 for more than five judicial days without a hearing being held under ORS 426.070 to 426.130. (5) When the judge of the circuit court receives notice under subsection (2)(c) or (3)(b) of this section that a person has been released, and unless the court receives the recommendation required by ORS 426.070 (4), the judge shall dismiss the case no later than 14 days after the date the person was initially detained. SECTION 14. ORS 163.738 is amended to read: 163.738. (1)(a) A citation shall notify the respondent of a circuit court hearing where the re- spondent shall appear at the place and time set forth in the citation. The citation shall contain: (A) The name of the court at which the respondent is to appear; (B) The name of the respondent; (C) A copy of the stalking complaint; (D) The date, time and place at which the citation was issued; (E) The name of the law enforcement officer who issued the citation; (F) The time, date and place at which the respondent is to appear in court; [13] SB 763 1 (G) Notice to the respondent that failure to appear at the time, date and place set forth in the 2 citation shall result in the respondent's arrest and entry of a court's stalking protective order; and 3 (H) Notice to the respondent of potential liability under federal law for the possession or pur- 4 chase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262. 5 (b) The officer shall notify the petitioner in writing of the place and time set for the hearing. 6 (2)(a) The hearing shall be held as indicated in the citation. At the hearing, the petitioner may 7 appear in person or by telephonic appearance. The respondent shall be given the opportunity to 8 show cause why a court's stalking protective order should not be entered. The hearing may be 9 continued for up to 30 days. The court may enter: 10 (A) A temporary stalking protective order pending further proceedings; or 11 (B) A court's stalking protective order if the court finds by a preponderance of the evidence 12 that: 13 (i) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact 14 with the other person or a member of that person's immediate family or household thereby alarming 15 or coercing the other person; 16 (ii) It is objectively reasonable for a person in the victim's situation to have been alarmed or 17 coerced by the contact; and 18 (iii) The repeated and unwanted contact causes the victim reasonable apprehension regarding 19 the personal safety of the victim or a member of the victim's immediate family or household. 20 (b) In the order, the court shall specify the conduct from which the respondent is to refrain, 21 which may include all contact listed in ORS 163.730 and any attempt to make contact listed in ORS 22 163.730. The order is of unlimited duration unless limited by law. If the respondent was provided 23 notice and an opportunity to be heard, the court shall also include in the order, when appropriate, 24 terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability 25 to possess firearms and ammunition or engage in activities involving firearms. 26 (3) The circuit court may enter an order under this section against a minor respondent without 27 appointment of a guardian ad litem. 28 (4) If the respondent fails to appear at the time, date and place specified in the citation, the 29 circuit court shall issue a warrant of arrest as provided in ORS 133.110 in order to ensure the ap- 30 pearance of the respondent at court and shall enter a court's stalking protective order. 31 (5) The circuit court may also order the respondent to undergo mental health evaluation and, 32 if indicated by the evaluation, treatment. If the respondent is without sufficient resources to obtain 33 the evaluation or treatment, or both, the court shall refer the respondent to the mental health 34 agency designated by the community mental health director for evaluation or treatment, or both. 35 (6) If the circuit court, the mental health evaluator or any other persons have probable cause 36 to believe that the respondent is dangerous to self or others as defined in ORS 426.005, or is unable 37 to provide for basic personal needs, the court shall initiate commitment procedures as provided in 38 ORS 426.070 or 426.180. 39 (7) A law enforcement officer shall report the results of any investigation arising from a com- 40 plaint under ORS 163.744 to the district attorney within three days after presentation of the com- 41 plaint. 42 (8) Except for purposes of impeachment, a statement made by the respondent at a hearing under 43 this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or 44 for violating a court's stalking protective order as defined in ORS 163.750. 45 [141 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 Work Session of March 6, 2019 DATE: February 27, 2019 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Statewide Transportation Improvement Fund (STIF) Advisory Committee Appointments RECOMMENDATION & ACTION REQUESTED: Review application information and rankings and select members to serve on Deschutes County's STIF Advisory Committee. ATTENDANCE: Derek Hofbauer, Outreach and Engagement Administrator, Central Oregon Intergovernmental Council, and Judith Ure, Management Analyst, Administrative Services Department SUMMARY: State legislation passed during the 2017 session created a new funding mechanism designed to expand public transportation service in Oregon Communities. The resulting "Statewide Transportation Improvement Fund" (STIF) will provide $1,183,000 to qualified public transit service providers operating within Deschutes County in 2019. The STIF program requires the formation and maintenance of an advisory committee to review projects and grant proposals and provide recommendations to the Board of Commissioners. The role, membership, and responsibilities of the advisory committee are detailed in by-laws that were approved by the Board on January 9, 2019. Since that time, Central Oregon Intergovernmental Council (COIC) staff, acting on behalf of the County through a signed agreement, has solicited, compiled, and facilitated the evaluation and ranking of applications for membership on the STIF Committee. The next step in this process is for the Board of Commissioners to review the rankings and select individuals to serve on Deschutes County's STIF Advisory Committee. Attached are lists of the applicants, with current rankings and application summaries and a copy of the approved STIF Committee bylaws. Derek Hofbauer from COIC will be present at the meeting to describe the review process to date and assist the Board in appointing members. Deschutes County Statewide Transportation Improvement Fund (STIF) Advisory Committee Applicant Summary Prepared by Central Oregon Intergovernmental Council February 26, 2019 Application and Recruitment Process C O U N C I L A press release submitted on January 19 announced the creation of Deschutes County STIF Advisory Committee and call for applications. The press release was promoted on social media to engage community partners. COIC staff assisted with posting STIF blurbs and the online application forms in both English and Spanish on the COIC and Deschutes County websites. Applications were due on February 7, 2019 and a total of 48 applications were received. Paper applications distributed at the following meetings: • CET open house events in La Pine, Redmond, and Bend • City of Bend Transportation System Plan neighborhood workshops • Bicycle and Pedestrian Advisory Committee, Central Oregon Coalition on Access, and Bend Metropolitan Planning Organization COIC staff delivered promotional materials (flyers and posters) and physical applications for the Deschutes County STIF Advisory Committee to the following community partners and places: • Central Oregon Intergovernmental Council • Deschutes County • Bend Chamber of Commerce • Downtown Bend Business Association • Central Oregon Community College • City of Bend • The Environmental Center • Oregon State University -Cascades • Bend Senior Center • Central Oregon Veterans Outreach • VA Bend Clinic • Downtown Bend Library • East Bend Library • Bend Park and Recreation District • Heart of Oregon Corps • Family Access Network • Habitat for Humanity Restore • Department of Human Services • Neighbor Impact Bend • United Way of Deschutes County • Council on Aging of Central Oregon • Community bulletin boards • Bus shelters and on CET buses Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 1 Applicant Scoring Committee and Criteria A scoring committee comprised of seven individuals was convened to score applications to ensure a fair and equitable applicant ranking process. The scoring committee included public agency staff from ODOT, the City of Bend, Deschutes County and COIC, in addition to a business owner, a realtor, and a local economist. Scoring criteria were developed as follows: 1. Strength of connection to STIF eligibility groups —10 points total STIF eligibility groups were formulated in the approved Deschutes County STIF advisory committee bylaws. The following categories were listed on the application with instructions for applicants to select all that apply: o Local governments, including land use planners. o Employers. o Public and private health, social and human service providers. o Transit users. o Transit users who depend on transit for performing daily activities. o Individuals age 65 or older. o People with disabilities. o People with low-income. o Residents representing different geographic areas of Deschutes County. o Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology). o Commerce and/or business community. o Social equity advocates. o Environmental and energy efficiency advocates. o Bicycle and pedestrian advocates. o People with limited English proficiency. o Educational institutions. o Major public transit destinations (e.g. large employers, resorts). 2. Awareness and understanding of transit services in Central Oregon - 5 points total • Applicant occupations and/or list of professional experiences provided an indication of their awareness and understanding of how the regional transit system connects people to jobs, services, health care, and recreational opportunities. 3. Relevance of professional experience - 5 points total • Applicants were asked to write about experiences that may have prepared them to serve in an advisory committee role. Scoring was based on the applicants' qualifications and their ability to serve on the committee in a meaningful way. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 2 4. Enthusiasm to serve on the committee - 5 points total Applicants were asked what they hoped to contribute to the Deschutes County STIF advisory committee. Responses to this question were used to score this criterion. 5. Regional perspective - 5 points total • The regional perspective criterion applied to an applicant's basic understanding of the cooperation between government, transportation service providers, businesses, individuals and agencies to meet common transportation needs across Central Oregon. A total of 30 possible points could be awarded to each applicant. COIC staff developed a scorecard in Excel and sent it to all scoring committee members on February 19, with responses due on February 22. COIC staff tallied the scoring results and ranked applicants based on total points awarded by the entire seven person scoring committee. The following matrix shows ranked applicant names (highest ranking names are at the top), total scores for each applicant, home city, and occupation. A summary list of application responses is included on page 7. Deschutes County STIF Advisory Committee Applicant Total Scores and Ranking Matrix DESCHUTES COUNTY STIF APPLICANT SCORECARD - TOTAL SCORES Total Score (all scores combined out of 210 STIF APPLICANT NAME possible points) City Occupation Andrea Breault 183 Bend CET Senior Transit Planner Executive Director at Jeff Monson 182 Bend Commute Options CET Transit Planning Rachel Zakem 178 Bend Specialist Transportation Planner at Tyler Deke 173 Bend Bend MPO (City of Bend) DHS Program Analyst - Erica Drake 173 Bend Employment Specialist Gavin Leslie 172 Bend Retired Bend La Pine School District Ken Thorp 170 La Pine Special ecial Education Teacher Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 3 Jordan Ohlde 169 Bend Movie Theater Employee Executive Director of Redmond Proficiency onathon C. Bullock Academy and Redmond City 166 Redmond Councilor Adjunct Professor at Louis Capozzi 165 Bend University of Oregon Steve Wilson 164 Redmond Engineer at City of Redmond CET/COIC Maintenance Mark Leithauser 164 Redmond Supervisor Transportation Casey Bergh Engineer/Planner at OSU- 160 Bend Cascades Retired Transportation Agency Director at the Christopher N. Morrow Alaska Dept. of Transportation & Public 154 Bend Facilities Program Assistant at Heart Katie Bauer 151 Sisters of Oregon YouthBuild St. Charles Chief Operating Iman Simmons 151 Bend Officer Ann Marland 150 Sisters N/A Customer Service William Larsen 150 Bend Representative at COIC James Dorofi 150 Bend N/A James Patrick Carlson 148 Bend Retired Department Manager at Sintha Townsend 148 Bend Walmart Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 4 Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 5 Employment Specialist/Job Jennifer Glover 146 La Pine Developer at Abilitree Sara Anne Russell 144 Bend Housekeeping Airport Director for City of Zachary Bass 140 Bend Redmond Non-Profit Executive Rika Ayotte Director at Discover Your 135 Terrebonne Forest lana Fabiana 134 Redmond Student Family Access Network Sandy Schmidt (FAN) Advocate at Bend La 134 Bend Pine School District Julia Huni 132 Sisters Writer Public Works Director for Paul Bertagna 130 Sisters City of Sisters HOA Manager at Eagle Crest Kelsey Rook 129 Terrebonne Resort Americorps VISTA/Data Cora Ives 127 Bend Analyst at Better Together Self Employed Government Dan Youmans 126 Sunriver Relations Consultant Director of Student and Andrew Davis Campus Life at Central 126 Bend Oregon Community College James Tice 121 Bend Retired Business Owner/CEO at Ryan Couch 120 Bend Victus Enterprises, Inc. inna Ottaviano 119 Bend N/A Donald Penner 113 Bend IT Specialist at Jeld Wen Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 5 Allegra Briggs 113 Bend Retired Fleet Manager at Robberson Matthew John Schmitz 107 Bend Ford oseph D. Lanouette 106 Redmond Retired Administration at William Susan Altman 106 Bend Smith Properties, Inc. Data Scientist at Leapologu Tierney O'Dea Booker 104 Bend LLC Gregory Bryant 100 Bend N/A Commercial Sales Manager Walter R. McCoin at Point S Tires of Central 88 Redmond Oregon Driver for Uber and TPR Karla K. Mackey 87 Bend Industrial Physical Therapist at Livia VanLoo 79 Bend Therapy Works and Hospital Thomas W. Fisher 74 Bend N/A Hwy Construction at Elroy Waldron 73 Bend Waldron and Sons, Inc. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 6 Summarized List of Deschutes County STIF Applicants Tierney O'Dea Booker 2191 NW High Lakes Loop Bend Occupation: Entrepreneur, Science Writer & Spatial Data Scientist at Leapologu LLC Eligibility: • Bicycle and pedestrian advocates • Employers • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. O'Dea Booker is a public transit native, as she grew up in the northeast. • Currently, she is completing a masters in geographic information systems, and deeply aware of the limitations and opportunities for transportation present in Central Oregon. • She moved to Bend in 2014 and is friendly with key groups and business interests in town. Rika Ayotte 329 1`V �11 Orchard Dr. Terrebonne Occupation: Non -Profit Executive Director at Discover Your Forest Eligibility: • Bicycle and pedestrian advocates What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Ayotte is very interested in how public transit can connect underserved communities to their public lands and how impacts to public lands can be reduced through strategic transportation options. • She also has experience in recreation -related public transit through the current Lava Butte shuttle program operated in partnership with Cascades East Transit. • She has several years of board and advisory committee service and has experience in facilitation, strategic planning, grant writing and policy development. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 7 Kelsey Rook 150 NE Xenolith St. Terrebonne Occupation: Homeowners Association Manager at Eagle Crest Resort Eligibility: • Low-income individuals • Social equity advocates • Transit users • Major destinations for users of public transit (e.g. large employers, resorts) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Rook recently served on the Terrebonne Refinement Plan Advisory Committee in the role of Community Member At -Large, where she learned more about the legislative, planning, and public involvement processes for large-scale transportation projects. • She is invested in expanding local transit options for those residing and working outside of Bend city limits. Donald Penner 20635 Wild Goose Ln. Bend Occupation: IT Specialist at Jeld Wen Eligibility: • People with disabilities • Individuals age 65 and older • Bicycle and pedestrian advocates What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Penner has lived here 45+ years and is an avid cyclist. • He has a daughter that lives in a wheelchair. Livia VanLoo 2223 NW Evergreen St. Bend Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 8 Occupation: Physical Therapist at Therapy Works and Hospital Eligibility: • Bicycle and pedestrian advocates What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Livia would like to serve on the committee to improve safety for bike commuting to make it a more consistent choice for daily trips. • While she has tried to commute via bike, she is very concerned about taking kids on bike due to traffic and inconsistent pathways. Jeff Monson 1529 NW Cumberland Ave. Bend Occupation: Executive Director at Commute Options Eligibility: • Bicycle and pedestrian advocates • Employers • Transit Users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Monson hopes to shape the role of Public Transportation in Deschutes County. • He has served on numerous transportation committees over the last 20 years. Christopher N. Morrow 22025 Hwy 20 E Bend Occupation: Retired Transportation Agency Director at the Alaska Dept. of Transportation & Public Facilities Eligibility: • Individuals age 65 and older • Public Transportation Service Providers Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 9 • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Morrow has 30 years of experience in a state transportation agency, working as a licensed civil engineer in the following areas: preliminary and final designs, traffic engineering, environmental engineering, public involvement, construction, and maintenance & operations. • He was a project manager for a diverse number of transportation projects including bike paths, streets, arterial and collector roads, airport runways and taxiways, and area wide transportation planning studies. • He retired in 2006 as a Director of Construction/Maintenance/Operations in the Southeast Region of Alaska's DOT&PF. Joseph D. Lanouette 2066 NW Nickernut Ave. Redmond Occupation: Retired Eligibility: • Individuals age 65 and older • Transit users who depend on transit for accomplishing daily activities What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Lanouette hopes to share his thoughts and ideas with others to help provide the best possible transportation service in the county. James Tice 1109 NW Knoxville Ct. Bend Occupation: Retired Eligibility: • Individuals age 65 and older • Bicycle and pedestrian advocates • Local governments, including land use planners Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 10 What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Tice has 30+ years of experience as a land use planner working in Washington County, OR. • He is also an avid biker/runner. Ryan Couch 19225 Shoshone Rd. Bend Occupation: Business Owner/CEO at Victus Enterprises, Inc. Eligibility: • Employers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • As a business owner and employer, Mr. Couch brings an understanding of fiscal responsibility, leadership, and the realization of the transportation needs within Deschutes County. • He has a unique understanding of the county's transportation needs because he employs people from all over Deschutes County, including Redmond and La Pine and he does business in every city in Central Oregon. Karla K. Mackey 2155 NE 6th St. #41 Bend Occupation: Driver for Uber and TPR Industrial Eligibility: • Public Transportation Service Providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Mackey was a cab driver of over 12 years and is now an Uber driver. • She is disgusted by how busy streets have become in the last two years due to so many providers delivering food. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 11 Susan Altman 62231 Bennett Rd. Bend Occupation: Administration at William Smith Properties, Inc. Eligibility: • Bicycle and pedestrian advocates • Local governments, including land use planners What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Altman currently serves on the board of the Deschutes County Soil & Water Conservation District. • She commutes daily to work in the Old Mill District and sees east-west/west-east traffic congestion to be an issue in the county for those who commute to work within Bend. • She is a community organizer who listens to the differing opinions of various participants and representing a group of people to local government and federal officials. Elroy Waldron 64331 Bend Redmond Hwy. Bend Occupation: Hwy Construction at Waldron and Sons, Inc. Eligibility: • Public Transportation Service Providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Waldron has experience in fiscal responsibility for money spent for design and construction. Ann Marland 498 N Wheeler Loop Sisters Occupation: N/A Eligibility: Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 12 • Low-income individuals • People with disabilities • Individuals age 65 and older • Bicycle and pedestrian advocates • Transit users who depend on transit for accomplishing daily activities • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Marland is a member of the Visioning Team in Sisters, where transportation is her main focus. • She is a member of Age Friendly Sisters Country, which advocates for improvement of transportation for residents of Sisters, especially the senior population. James Patrick Carlson 2627 NW Sargent Way Bend Occupation: Retired Eligibility: • Individuals age 65 and older What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Carlson is a retiree, with 35+ years of experience with the Metropolitan Transit Authority of Harris County, Texas (Houston METRO). • In this role, he directed all aspects of the Authority's "General Mobility Program," which included construction of new roadway projects, signalization improvements, and sidewalk/bikeway projects in the greater Houston area with a $150M budget. • He has experience coordinating with public works staff to identify and implement projects which would best serve their constituents. Tiana Fabiana 2977 SW Forest Ave. Redmond Occupation: Student Eligibility: Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 13 • Low-income individuals • Transit users who depend on transit for accomplishing daily activities • Transit users • Major destinations for users of public transit (e.g. large employers, resorts) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Fabiana can offer a unique perspective to the committee board as a young adult who has lived in the area and watched it grow over the decades. • She relates to many different demographics because she is a university student in Bend, commutes daily from Bend and Redmond, and is on a low/fixed income. Thomas W. Fisher 63355 Lamoine Ln. Bend Occupation: N/A Eligibility: • Individuals age 65 and older • Environmental and energy efficiency advocates What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Fisher is President of an HOA in Nevada and a member of Las Vegas HOA advisory committee. Gregory Bryant 19202 Choctaw Rd. Bend Occupation: N/A Eligibility: • Low-income individuals • Individuals age 65 and older • Bicycle and pedestrian advocates What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 14 • Mr. Bryant is currently a member of CTAC. William Larsen 63307 NW Britta #3 Bend Occupation: Customer Service Representative at COIC Eligibility: • Low-income individuals • People with disabilities • Individuals age 65 and older • Public Transportation Service Providers • Bicycle and pedestrian advocates • Neighboring public transportation service providers • Transit users who depend on transit for accomplishing daily activities • People with limited English proficiency • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Larsen has worked with COIC for ^'7+ years. • He is familiar with Greyhound and some valley bus systems, as well as local transportation. Andrea Breault 2304 Lehmi Pass Drive Bend Occupation: Senior Transit Planner at Cascades East Transit Eligibility: • Public Transportation Service Providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • As CET's Senior Transit Planner, Ms. Breault hopes to contribute her transportation planning expertise to the committee. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 15 • She was appointed to the Crook and Jefferson County STIF advisory committees as a Public Transit Service Provider representative and will lead efforts to develop STIF projects for each county. • She is currently leading a CET 2040 Transit Master Plan effort and works collaboratively with City and County staff across the region to help coordinate planning efforts and funding prioritization. Sara Anne Russell 176 Windance Ct. Bend, Oregon Occupation: Housekeeping Eligibility: • Low-income individuals • People with disabilities • Transit users who depend on transit for accomplishing daily activities • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Russell commutes between Redmond and Bend and understands the need for dependable transit service. • She wants to make sure service is equitable for everyone across Central Oregon and is involved in the Regional Public Transit Advisory Committee (RPTAC). Jordan Ohlde 655 NE Kearney, Bend Occupation: Movie Theater Employee Eligibility: • People with disabilities • Transit users who depend on transit for accomplishing daily activities • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Ohlde currently serves on RPTAC and has an interest in making sure public transit services are accessible so people can have improved mobility options. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 16 • He rides CET daily and provides input to drivers and staff to improve services. • He has advocated for better transit and access to transit for over 10 years and serves on several committees: High Desert Advocates, COCA, and the Regional Public Transit Advisory Committee R PTAC. Louis Capozzi 3735 North West lunegrass Ct. Bend Occupation: Adjunct Professor at University of Oregon Eligibility: • Individuals age 65 and older • Public Transportation Service Providers • Bicycle and pedestrian advocates • Environmental and energy efficiency advocates What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Capozzi is a member of the Bend Communitywide Transportation Advisory Committee and the CET Regional Technical Advisory Committee, a former member of the COIC board, project manager of the Move Bend Coalition, Treasurer of Bend 2030 and a member of the advisory board of the OSU Cascades Bend Mobility Lab. • Has also has 40 years of experience in communications and issues management. Cora Ives 311 SE 5th St. Bend Occupation: Americorps VISTA/Data Analyst at Better Together Eligibility: • Low-income individuals • Social equity advocates • Transit users who depend on transit for accomplishing daily activities • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 17 • As an advocate for the women that she represents at Grandma's House, Ms. Ives wishes to highlight struggles with transit faced by those she works with. • She has data analysis and interpretation skills. Katie Bauer 68797 George Cyrus Rd. Sisters Occupation: Program Assistant at Heart of Oregon YouthBuild Eligibility: • Low-income individuals • People with disabilities • Transit users who depend on transit for accomplishing daily activities • Public and private health, social, and human service providers • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Bauer has worked at Heart of Oregon YouthBuild, which is a non-profit serving 16-24 year olds through education and job training in Sisters, for two years. The youth she works with come from all over the tri -counties in Central Oregon and transportation is a major barrier for nearly all of them. • She would like to connect with other people to discuss how to make transportation better throughout Deschutes County and Central Oregon all together. • She grew up in Corvallis where she faced the difficulty of a lack of transportation to high school (across town). She understands the importance of transit stops within walking distance (a mile) of people in the community. Gavin Leslie 916 NW Greenbriar Place Bend Occupation: Retired Eligibility: • Low-income individuals • People with disabilities • Individuals age 65 and older • Public Transportation Service Providers Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 18 • Social equity advocates • Bicycle and pedestrian advocates • Transit users who depend on transit for accomplishing daily activities • Local governments, including land use planners • Transit users • Major destinations for users of public transit (e.g. large employers, resorts) • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Leslie serves as a member of the Bend Citywide Transportation Advisory Committee (CTAC), the Cascades East Transit Master Plan Advisory Committee and a founding member of the Bend Mobility Lab, an initiative of the MOVE BEND coalition. • He hopes to explore more options for mobility, incentives to combine trips, much improved mass transit, expanded ride -share services, disincentives to single occupancy travel (SOV) and, most importantly, a seamless eco -system for mobility. Sandy Schmidt 2115 NW Panama St. Bend Occupation: Family Access Network (FAN) Advocate at Bend La Pine School District Eligibility: • Low-income individuals • Public and private health, social, and human service providers • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Schmidt hopes to be able to represent the needs of Bend -La Pine School students and their families who are low income and have limited assets. Matthew John Schmitz 1276 NW Portland Ave. Bend Occupation: Fleet Manager at Robberson Ford Eligibility: Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 19 • Employers • Residents representing different areas of Deschutes County commerce and/or business community • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Schmitz oversees all aspects of the Fleet Department at Robberson Ford. • In this role, he assists local businesses and government agencies in all aspects of fleet management, including vehicle procurement, maintenance, and repair. • He is well versed in current fleet industry products, services, and trends and can provide valuable insight from the perspective of a major manufacturer of fleet vehicles and transportation solutions. Casey Bergh 20855 Knott Rd. Bend Occupation: Transportation Engineer/Planner at OSU-Cascades Eligibility: • Major destinations for users of public transit (e.g. large employers, resorts) • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Bergh founded the Mobility Lab at OSU-Cascades, which will help bring innovation to transportation in Central Oregon. Sintha Townsend 179 SW Hayes Ave., Apt. 3 Bend Occupation: Department Manager at Walmart Eligibility: • Low-income individuals • Bicycle and pedestrian advocates • Transit users who depend on transit for accomplishing daily activities Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 20 • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Townsend has used area transit as her main source of transportation over the last decade she would like to represent other riders. • As a transit rider, she has gotten to know many of the concerns that face transit users and she would like to use her knowledge of the local transit system to help improve services in the county. Jennifer Glover PO Box 124 La Pine Occupation: Employment Specialist/Job Developer at Abilitree Eligibility: • Low-income individuals • People with disabilities • Individuals age 65 and older • Public and private health, social, and human service providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Glover hope to provide input regarding what is important to the La Pine and Sunriver community. • She works with many individuals who need transportation to get to and from work that experience a disability and are unable to drive. Vinna Ottaviano 1107 NW Knoxville Ct. Bend Occupation: N/A Eligibility: • Bicycle and pedestrian advocates • Transit users who depend on transit for accomplishing daily activities • Transit users Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 21 What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Ottaviano rides the bus to school every day, and it often affects my timely arrival. As a minor, she relies on public transit because she cannot drive herself. Dan Youmans 18160 Cottonwood Rd., PMB 536 Sunriver Occupation: Self Employed Government Relations Consultant Eligibility: • Employers • Residents representing different areas of Deschutes County commerce and/or business community What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Youmans serves on the Board of Directors for the Sunriver Area Chamber of Commerce, where he leads transportation issues. • As a Chamber Board Member, he would bring this perspective from our local business community. • He has extensive experience in working on public policy issues, including transportation, from his work in state and local government relations for AT&T in the state of Washington for nearly 20 years. Zachary Bass 63187 Desert Sage St. Bend Occupation: Airport Director for City of Redmond Eligibility: • Public Transportation Service Providers • Transit users who depend on transit for accomplishing daily activities • Local governments, including land use planners • Employers • Major destinations for users of public transit (e.g. large employers, resorts) Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 22 What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • As the Redmond Airport Director, Mr. Bass brings aviation experience to the committee. • He also operates a heavy transit customer destination (the airport). Tyler Deke 709 NW Wall St., Suite 102 Bend Occupation: Transportation Planner at Bend MPO (City of Bend) Eligibility: • Local governments, including land use planners What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Deke has worked in the Bend area as a Transportation Planner nearly 15 years. He has worked on a wide range of transportation and land use planning projects, from small land use developments to major long range planning projects (e.g. Bend MPO Transit Plan). • He has served on several planning and funding committees (e.g. Deschutes County Special Transportation Fund Committee, Oregon Public Transportation Plan Technical Advisory Committee). • He is knowledgeable about local land use plans, including housing forecasts and economics forecasts and is also engaged in the COACT and track transportation and land use issues throughout Central Oregon. Walter R. McCoin 1900 NW 22"d St. Redmond Occupation: Commercial Sales Manager at Points Tires of Central Oregon Eligibility: • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 23 • As the salesman for Points Tires, Mr. McCoin has contact with all types of people and businesses involved with transportation, including the state and county. Paul Bertagna 520 E Cascade Ave. Sisters Occupation: Public Works Director for City of Sisters Eligibility: • Local governments, including land use planners • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Bertagna wants to help the committee with any Sisters transportation logistics, infrastructure and any other system issues. Rachel Zakem 465 NE Olnev Ave. #11 Bend Occupation: Transit Planning Specialist at Cascades East Transit Eligibility: • Public Transportation Service Providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Zakem will contribute her transportation planning experience to the committee as CET's Transit Planning Specialist. • She serves as an alternate to Andrea Breault on the Crook and Jefferson County STIF advisory committees, conducts data analysis for CET's 2040 Transit Master Plan, and participates in outreach and engagement initiatives across the region to ensure CET riders have updated bus information and schedules. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 24 Erica Drake 21270 Gift Rd. Bend Occupation: Program Analyst- Employment Specialist at DHS Eligibility: • low-income individuals • People with disabilities • Individuals age 65 and older • Public Transportation Service Providers • Social equity advocates • Transit users who depend on transit for accomplishing daily activities • People with limited English proficiency • Employers • Transit users • Public and private health, social, and human service providers • Educational institutions • Residents representing different areas of Deschutes County commerce and/or business community What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Drake works with for the state of Oregon Office of Developmental Disabilities Services (ODDS) as an assigned Program Analyst for Deschutes, Jefferson and Crook counties. Her main duties are to support her assigned region with Employment First efforts for people who experience an Intellectual or Developmental Disability. One of the main barriers for gaining employment for the population I serve is transportation or lack thereof. • She has established many positive relationships with partners in a variety of capacities, which include but are not limited to- provider organizations like Abilitree and Opportunity Foundation, Deschutes County Health Services, Family Networks, local school districts and High Desert Education Services District. I look forward to supporting this committee and adding my knowledge and experience to the group. Steve Wilson 1011 SW 13th St. Redmond Occupation: Engineer at City of Redmond Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 25 Eligibility: • Low-income individuals • People with disabilities • Bicycle and pedestrian advocates • Local governments, including land use planners • Public and private health, social, and human service providers • Educational institutions • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Wilson has lived and worked in Central Oregon for 23 years, 7 years private sector engineering, 2 years Housing Authority, 14 years City of Redmond engineering. • He has a unique combination of experiences, including design and construction of public improvements and design and construction of facilities for special needs populations including mental health residential and medical facilities, and low-income population housing and facilities. • He served as VP and President of Redmond Habitat for Humanity for 2 years, currently serve an outdoor market community as board president for 4 years, and founder/president of a non- profit educational scholarship foundation. Jonathon C. Bullock 465 NW 28th St. Redmond Occupation: Executive Director of Redmond Proficiency Academy and City Councilor for City of Redmond Eligibility: • Social equity advocates • Local governments, including land use planners • Employers • Educational institutions • Residents representing different areas of Deschutes County commerce and/or business community What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 26 • Throughout his nearly 25 year career in education, Mr. Bullock has been an advocate for community building and equity. He sees transportation as a key component of that advocacy. • Most of his educational work has been in administration and in managing complex operations, and as such, he has experience in serving on and managing committees. • As the Executive Director of RPA, his transit partnership with Cascades East Transit has been fruitful, educational, and a potential model for the Redmond community. • As City Councilor for the City of Redmond, he can provide the STIF committee with a unique view that represents a broader region. James Dorofi POB 2036 Bend Occupation: N/A Eligibility: • Low-income individuals • People with disabilities • Social equity advocates • Bicycle and pedestrian advocates • Environmental and energy efficiency advocates • Transit users who depend on transit for accomplishing daily activities • Local governments, including land use planners • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Dorofi is a former employee and employer in the Central Oregon automotive retail industry, who can provide unique insight into transportation challenges in Central Oregon after losing his ability to drive due to medical reasons. • For almost a decade, Mr. Dorofi has volunteered with the City of Bend regarding land -use and promoting complete transportation systems. • He has been the Board Chair of the Old Farm District Neighborhood Association for the last few years, representing over 4000 tax lots in the southeast side of Bend. • He is a regular user of Cascade East Transit, a bicycle commuter and an advocate for safe commuting options for everyone. Ken Thorp 51753 Bridge Dr. La Pine Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 27 Occupation: Special Education Teacher for Bend La Pine School District Eligibility: • Low-income individuals • People with disabilities • Social equity advocates • Transit users who depend on transit for accomplishing daily activities • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Thorp has been a Special Education Teacher for students aged 14-21 for 25 years, with 17 of those in La Pine. • His goal is for individuals with disabilities to be as independent, engaged, and productive members of their community and consistent and effective public transportation is key to meeting this goal. • He has used CET as part of his entire class programming with the hope being they will be comfortable and confident in using transportation services. • Mr. Thorp works closely with DHS accessing free/reduced passes and he has worked directly with low income families in La Pine for 17 years. Mark Leithauser 622 SW 14th St. Redmond Occupation: Maintenance Supervisor at COIC - Cascades East Transit Eligibility: • People with disabilities • Individuals age 65 and older • Public Transportation Service Providers • Transit users who depend on transit for accomplishing daily activities • Employers • Transit users • Residents representing different areas of Deschutes County commerce and/or business community • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology) Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 28 What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Mr. Leithauser grew up in Deschutes County and he understands the difficulties faced by those who are disabled because his father was diagnosed with multiple sclerosis in 1976 and the lack of ADA accessibility was a challenge faced by his family daily. • He has been in the automotive/fleet/transportation industry for over 30 years, as an employee, an employer and a manager. Due to this experience, he understands cost effective ways to implement projects and modifications. • As the current Maintenance Supervisor for Cascades East Transit, he works directly with those who rely on public services. Andrew Davis 2600 NW College Way Bend Occupation: Director of Student and Campus Life at Central Oregon Community College Eligibility: • Educational institutions What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • As a long time Bend resident, Mr. Davis has seen the struggle the community has faced with public transportation. • Understands that there are diverse needs of the community and a unique public transit system is needed. • Through his work, he has directly seen how important public transportation is to many college students. Julia Huni 14537 Mountain View Loop Sisters Occupation: Writer Eligibility: • People with disabilities • Transit users who depend on transit for accomplishing daily activities • Educational institutions Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 29 • Residents representing different areas of Deschutes County commerce and/or business community What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Huni has lived in many different states, as well as in Europe, where she experienced excellent public transportation. She has project management, communication and group facilitation skills • She would like to help residents of rural areas, like Sisters, have better access to public transportation. • She is the chair of SOUL an advocacy group, which works to support Sisters residents with developmental disabilities and help them to live full lives within their community. [man Simmons 1576 NW City Heights Dr. Bend Occupation: Chief Operating Officer at St. Charles Health System Eligibility: • Social equity advocates • Employers • Public and private health, social, and human service providers What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Simmons has a MPH and brings a public health perspective. • She is an employee of largest health care provider in Central Oregon. • She is also a member of the Bend citizen transportation advisory committee (CTAC) and would bring that perspective to the STIF Committee. Allegra Briggs 1565 NW Wall St. Bend Occupation: Retired Eligibility: • People with disabilities • Environmental and energy efficiency advocates Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 30 • Transit users What do you hope to contribute to the Deschutes County STIF Advisory Committee? What personal and/or professional experiences have prepared you to serve in this role? • Ms. Briggs would like to contribute her ability to synthesize ideas, think critically and research new transit modes/technologies. • She is interested in harnessing emerging technology to serve the greater good, such as third - party apps, e.g., TransLock, that public transit can use to make low -service areas more economic for the agency and more convenient for users. Deschutes County STIF Advisory Committee Applicant Summary 2/26/2019 Page 31 Z O 7 0 m x Cc m v m 0 d N. 0 e m 0 0 c 0 1 m rl•!n 0 0 4 0 m O 0a m m m M o� (D 0 Ln G a) r 0 M N a C' 3 v 0 co 0 G m 0 0 Oma 0 a io n M v m O M n O 3 3 c m 0 b 0 D 7C f'1 C1 rt o O o C) m •t d m m C Ca 0 �' mo o. 3 3 � d °* 0 ? < �• N d a d 3 < oni -f D, a v+ n °' d m o =n w m - m � _ °/ ? cn W O w x• r m h r+ S O r Q O o T G G � �, m m o o d m ni 03 A OD m G) rt c n�ri = 3 s 0 ° (7 a � `° m m 0) 9 H CD to G N x m , Z N N. m 3 c r P1 C ( m n o In m `' G m o O wo -• Z _ O o ° 0 a M A r 0 0 Z QLn n o ^ O o T p~1 O) O, 01 V O v N v W V W V 00 Oo N Oo W CL m O m M WOn In O O1 Oo A O ? tJ1 01 tD C, A •P 0 n v a A 0 A r m H m m m m m m m ori m m m m n m� m 0 mp7 o v v m m > > a '* m vN a a o n a 3 o 5' ra m a n s CL O EL a 3 a a o_ a N a 0 0 o m 7v m o m d fl C. t1 N 0 a CD Z O 7 0 m x Cc m v m 0 d N. 0 e m 0 0 c 0 1 m rl•!n 0 0 4 0 m O 0a m m m M o� (D 0 Ln G a) r 0 M N a C' 3 v 0 co 0 G m 0 0 Oma 0 a io n M v m O M n O 3 3 c m 0 b 0 @ � o \ k > ƒ > 3 m # \ 7/�?/ - a E o , (U»o c I § ; ®§® o - lu k/ - / = § ƒ / < 2® E E - A {k i o 2«> m!= §/ E o n o a a= 0 a 7 r a 7 k m Q 2 m E ° E c CD c & � m R - _ \ F E w f 2 k r« f]£+ > \; a ƒ g k § ƒ m ° \ ƒ , m \ r c ƒ aa / / k a g M, k w 0 a \ L o } % LA m ) 5 0 § g \ R k \ \ a a § W, n ] 0 E R _ o ` E ® 2 / © / e e w w e e e Ij N N e e k e W« e e # d k d 3&§ k§§ S& r§ Q¥% g m % \ \ \ { \ / @ @ (Da \ \ \ \ k \ 7 \ \ \ \ \ 2 s a CL 0 C a$ i\ K 2 S ° ; E S CL a > = < � / \ k > ƒ > 3 m # \ n - a E a s (U»o , I § k/ n(;A- = C. / < A - {k \ §/ 0) \E } k Q 2 W E ° & rCL / # & � m 0 t CD PC' f < > / a ƒ Ln k ƒ \ ƒ , / \ r G aa / k g I w a \ } % LA ) 2 § \ R k \ \ a a § 0 E R _ o ` E ® 2 / © / 2 m % 0 2 K REVIEWED LEGAL COUNSEL Deschutes County Board of Commissioners Statewide Transportation Improvement Fund Final Advisory Committee Bylaws ADVISORY COMMITTEE NAME: STIF Deschutes County Advisory Committee This document has been prepared to guide the role and operation of the Qualified Entity (QE) Statewide Transportation Improvement Fund (STIF) Advisory Committee, known as the STIF Deschutes County Advisory Committee, herein referred to as "STIF Advisory Committee." The document has been reviewed and adopted by the QE Governing Body, which is the Deschutes County Board of Commissioners. PURPOSE OF THE ADVISORY COMMITTEE Deschutes County has formed a STIF Advisory Committee to advise and assist the QE in carrying out the purpose of the STIF and prioritizing projects to be funded by STIF moneys as set forth under OAR Chapter 732, Division 40, Sections 0030 and 0035, Division 42, Section 0020, and Division 44, Section 0025. While these bylaws outline many of the provisions required the rules, additional specifics will be found in OAR Chapter 732 by reference. DEFINITIONS The following definitions apply to terms used in these bylaws and the tasks of the STIF Advisory Committee. Advisory Committee: Either a committee formed by a QE to assist the QE in carrying out the purposes of the STIF Formula Fund and the Advisory Committee requirements specified in ORS 184.761(1) or a joint committee formed by two or more Qualified Entities for the same purposes, pursuant to ORS 184.761(5). High Percentage of tow -income Households: STIF refers to "Low -Income Household" as household total income which does not exceed 200% of poverty guidelines as updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. (9902) (2) for the 48 contiguous states and the District of Columbia. Deschutes County defines a high percentage of Low -Income Households as a census tract or census designated place with a higher percent of Low -Income Households than the statewide average. Area of Responsibility: The Area of Responsibility is the geographic area within the QE's jurisdictional boundaries. Discretionary Fund: Up to five percent of STIF funds to be disbursed to Public Transportation Service Providers, which includes Qualified Entities, through a competitive grant funding process, pursuant to ORS 184.758(1)(b). Goveming Body. The decision-making body or board of the QE is the County Board of Commissioners. Intercommunity Discretionary fund: Up to four percent of STIF funds to be disbursed to public transportation providers through a competitive grant funding process, pursuant to ORS 184.758(1)(c). X 2019-059 Project: A public transportation improvement activity or group of activities eligible for STIF moneys and included in a STIF Plan. Projects will go through the Regional Transit Master Plan process and must be prioritized in the STIF Plan. Public Transportation Service Provider., A QE or a city, county, Special District, Intergovernmental Entity or any other political subdivision or municipal or Public Corporation that provides public transportation services. Public Transportation Services: Any form of passenger transportation by car, bus, or other conveyance, either publicly or privately owned, which provides service to the general public (not including charter, sightseeing, or exclusive school bus service) on a regular and continuing basis. Such transportation may be for purposes such as health care, shopping, education, employment, public services, personal business, or recreation. Qualified Entity (QE): A county in which no part of a mass transit district or transportation district exists, a mass transit district, a transportation district or an Indian Tribe, referred to herein as QE. STIF Administrative Services Provider. The designated representative agency/organization that will carry out administrative duties and functions on behalf of the QE. STIF Coordinator: The QE contact person designated by the QE to coordinate and carry out STIF-related activities and duties in cooperation with the STIF Administrative Services Provider. STIF Formula Fund. Up to 90 percent of the Statewide Transportation Improvement funds to be disbursed to QEs conditioned upon the Oregon Transportation Commission's (OTC) approval of a STIF Plan, pursuant to ORS 184.758(1)(a). STIForStatewide Transportation Improvement Fund: The fund established under ORS 184.751. STIF Plan: A public transportation improvement plan that is approved by a governing body and submitted to the Oregon Department of Transportation (ODOT) for review and approval by the Commission in order for the QE to receive a share of the STIF Formula Fund. The Central Oregon Regional Transit Master Plan will inform the STIF Plan. ADVISORY COMMITTEE TASKS The Advisory Committee will: • Advise Deschutes County on the development process of the STIF Plan. • May advise on the development of a definition for "high percentage of Low -Income Households." • May advise on the appointment of STIF Advisory Committee members. • Review and prioritize projects proposed for inclusion in the STIF Plan and recommend projects for funding according to decision-making criteria established herein. • Review and recommend projects to receive STIF Discretionary Funds within Deschutes County's area of responsibility. • Review and recommend projects to receive STIF Intercommunity Discretionary Funds within Deschutes County's area of responsibility. • Advise Deschutes County regarding opportunities to coordinate STIF funded projects with other local or regional transportation programs and services to improve transportation service delivery and reduce gaps in service. Other local or regional public transportation programs and services may include Metropolitan Planning Organization (MPO) regional transportation plans and funds, county or tribal Special Transportation Funds (STF), city or county transportation 2 system plans and funds, and other federal, state, regional or local plans and funds which involve public transportation. • Nominate up to two STIF Advisory Committee members to serve on the Regional Public Transit Advisory Committee (RPTAC) to ensure regional coordination, consistency, and prioritization of STIF projects within the Central Oregon Regional Transit Master Plan. RPTAC members will be appointed by the COIC Board of Directors. • Recommend approval or revision of the STIF Plan to the Deschutes County Board of Commissioners. STIF Formula Fund and other recommendations from the STIF Advisory Committee will be considered by the Deschutes County Board of Commissioners in preparation and approval of a STIF Plan. Discretionary Fund and Intercommunity Discretionary Fund recommendations from the STIF Advisory Committee will be considered by the Deschutes County Board of Commissioners for submission to ODOT when awarding STIF discretionary grants. COMMITTEE MEMBERSHIP Members and interests of the STIF Advisory Committee will be identified in committee rosters, minutes, and recommendations, and identified in county, tribal and STIF service provider publications and websites. A list of STIF Advisory Committee members and the interests they represent shall be attached to these bylaws. This list shall be automatically updated as changes in STIF Advisory Committee membership occur. Number of members The STIF Advisory Committee will include at least nine (9) members, and no more than eleven (11) members. The STIF Advisory Committee must include at least one member who is a member of or represents each of the following three groups: • Low-income individuals. • Individuals age 65 or older or people with disabilities; and • Public Transportation Service Provider or non-profit entities which provide public transportation services. Appointment process Members shall be appointed by majority vote of the Deschutes County Board of Commissioners. Membership criteria Advisory Committee members must meet the following criteria to be qualified to be appointed and to serve as a member of the STIF Advisory Committee: 1. Be knowledgeable about the public transportation needs of residents or employees located within or traveling to and from Deschutes County's area of responsibility. 2. Bea member of or represent anyone or more of the following: • Local governments, including land use planners. • Employers. • Public and private health, social and human service providers. • Transit users. • Transit users who depend on transit for performing daily activities. • Individuals age 65 or older. • People with disabilities. • People with low-income. • Residents representing different geographic areas of Deschutes County. • Transportation logistics representatives (e.g. mechanics, fleet purchasing, highway/road maintenance, vehicle equipment, bus technology). • Commerce and/or business community. • Social equity advocates. • Environmental and energy efficiency advocates. • Bicycle and pedestrian advocates. • People with limited English proficiency. • Educational institutions. • Major public transit destinations (e.g. large employers, resorts). Terms of office STIF Advisory Committee member terms shall be two years. Terms begin on January 1 and end on December 31. Should a member need to resign from the STIF Advisory Committee, they may do so by informing the Deschutes County STIF Coordinator in writing. At such time, Deschutes County may fill the vacancy by appointing a new member with majority approval by the Deschutes County Board of Commissioners. Members are eligible for re -appointment for up to two consecutive terms. Terms will be staggered so that no fewer than one-third and no more than one-half of voting member terms expires in the same year. At the time of the initial formation of the STIF Advisory Committee, Deschutes County will identify an objective and equitable process to determine which members will be appointed to a one-year term and which members will be appointed to two-year terms so that the terms of office of the initial members will be staggered. The officers of the STIF Advisory Committee shall be a Chair and a Vice -Chair. The Chair and Vice -Chair shall be appointed by majority vote of the Deschutes County Board of Commissioners and shall serve for a term of at least 12 months but for no more than two consecutive terms. STIF Advisory Committee members who serve as Chair or Vice Chair may be recommended to Deschutes County by the STIF Advisory Committee. Appointments are to be made in January of each year. The duties of the Chair are to call and convene meetings, assist in developing agendas, preside over the meetings, act as the primary liaison between Deschutes County and the STIF Advisory Committee, and perform other duties assigned by Deschutes County consistent with the purpose of the STIF Advisory Committee. The Chair, on behalf of the Committee, shall present reports to Deschutes County that are necessary to execute any and all of the responsibilities of the STIF Advisory Committee. The duties of the Vice -Chair are to perform the duties of the Chair in his or her absence. COMMITTEE OPERATIONS AND PROCEDURES Meeting frequency and location The STIF Advisory Committee will meet as often as necessary but at a minimum of two (2) times per year. Meetings will be hosted by Deschutes County (or its delegated STIF Administrative Services Provider) at a location chosen by Deschutes County unless otherwise announced. 4 Meeting agenda STIF Advisory Committee meeting agendas will be provided to group members at least seven (7) days prior to the meeting. Background materials may be included with the agenda for pre -reading and meeting preparation. Public notice of meetings Meetings and records of the STIF Advisory Committee are subject to Oregon's open meetings law and public records law, respectively. Notice of meetings must be given as required by law and meetings must be open to the public. Except for special meetings, the STIF Advisory Committee shall provide for and give public notice to the news media and interested persons/parties at least seven (7) calendar days in advance of the meeting. Any individual needing accommodation to access meeting sites, written materials, and verbal meeting proceedings will be provided with alternatives consistent with Deschutes County's policies and procedures. Public notice of meetings will be posted in advance to allow reasonable time for the media and interested parties to react to the information. A public comment period will be offered at the beginning of each STIF Advisory Committee meeting and for specific agenda items, but will be limited to three (3) minutes per individual. At a minimum, meeting materials will be posted on the Deschutes County and/or delegated STIF Administrative Services Provider's website as soon as possible, but no less than 48 hours before the start of the meeting. Additional public notice options may include, but are not limited to: • Email Lists • Social Media • Websites • News Media • Fliers • Mailings • Document Repositories Public engagement The STIF Advisory Committee will seek broad public engagement on projects proposed to receive STIF funds from community members, users, and stakeholders in Deschutes County's area of responsibility, especially within areas or populations affected by a specific project. The STIF Advisory Committee will adopt public participation guidelines for regular meetings, public hearings, project and plan development, and other responsibilities. The STIF Advisory Committee will advertise proposed projects in advance of regularly scheduled meetings which will be open to the public and include time on the agenda for public comments. Deschutes County may keep project lists updated on its website and include instructions for how community members can comment on proposed projects. Deschutes County or other STIF Administrative Services Provider will provide content and materials to post. Potential public engagement methods include, but are not limited to: • Verbal or written comments at Advisory Committee meetings, hearings, open houses in affected areas, or other venues. • Region -wide STIF Projects and Plans listed on a website • Comments collected via mail, email or through a website. • Online stakeholder surveys. • Stakeholder newsletters and listserves within Deschutes County or region -wide. • Information booths at community events, kiosks at community activity centers. • Transit vehicle marketing to public and transit riders. • Public service announcements in local media. • Press Releases by Deschutes County or public transportation service provider. Meeting records Meeting discussions and outcomes will be documented by Deschutes County or other STIF Administrative Services Provider and made publicly available via meeting minutes posted on the Deschutes County website. Minutes will note major points discussed and any conclusions reached or actions taken. Written copies of meeting materials will be available to the public for no fewer than six years, pursuant to OAR 732-040-0030(4)(b). ROLES AND RESPONSIBILITIES The STIF Advisory Committee is advisory to the Deschutes County Board of Commissioners. To ensure success of the group, the following roles have been identified: Governance The STIF Advisory Committee has no formal delegated powers of authority to represent Deschutes County or commit to the expenditure of any funds. The STIF Advisory Committee will submit recommendations to the Deschutes County STIF Coordinator who is responsible for providing relevant information to Deschutes County. Deschutes County will include information in the STIF plan about how the STIF Advisory Committee was consulted when developing the STIF Plan and, if applicable, an explanation of why the STIF Advisory Committee's recommendation was not adopted by the Deschutes County Board of Commissioners. Member Responsibilities Members of the STIF Advisory Committee are expected to: • Be prepared to achieve meeting objectives described in the published agenda. • Listen and respect a diversity of views and opinions. • Actively participate in the group. • Focus on the agreed scope of the group operation. • Attend all meetings in a timely manner. • Notify the STIF Coordinator if unable to attend a meeting. • Support and respect each other and the committee decision process. The Chair or Vice Chair normally represents the STIF Advisory Committee in communications with the Deschutes County Board of Commissioners. In coordination with the Deschutes County STIF Coordinator or delegated STIF Administrative Services Provider, the Chair or Vice Chair will seek regular opportunities for STIF Advisory Committee members to communicate with the Deschutes County Board of Commissioners. 6 Meeting attendance Meeting attendance is mandatory unless previously arranged with the Deschutes County STIF Coordinator. If a member does not attend at least one-half of meetings held during the year, Deschutes County may appoint another qualified member to serve the remainder of the term. Deschutes County may also select up to two (2) alternate members, who must review meeting agendas, and participate and vote as needed to maintain a quorum. A quorum of the STIF Advisory Committee shall consist of a simple majority of all the voting members. A quorum must be present for any business to be conducted. Each member of the STIF Advisory Committee has one vote. All actions of the STIF Advisory Committee will be made by a motion passed by a simple majority of the members present and voting at a meeting where a quorum is present. Actions taken at the STIF Advisory Committee shall be conducted under Roberts Rules of Order, Newly Revised. Removal and Vacancies The STIF Advisory Committee may recommend removal of one of its members to Deschutes County by a vote of the majority of all its voting members. Such recommendation to the Deschutes County Board of Commissioners shall include the reasons for the recommendation. When a vacancy occurs, Deschutes County may elect to fill the vacant position and the person so appointed will hold their position for the balance of the unexpired term of his or her predecessor, which term of service shall not be considered in connection with limitations on term of service. Deschutes County may select an appointee from among people expressing an interest in such appointment or from a call for applications for the position. if a member does not attend at least one meeting per year, Deschutes County may terminate their membership on the STIF Advisory Committee and appoint a replacement. Conflict of interest STIF Advisory Committee members are considered public officials. Any actual or potential conflict of interest in matters that may be considered by the STIF Advisory Committee must be declared to the Deschutes County STIF Coordinator in advance and announced at meetings when voting to ensure the group's future accountability, transparency and success. Members of the STIF Advisory Committee must comply with the Oregon Ethics Laws, ORS Ch. 244, and must refrain from using his or her position to obtain financial gain or avoid financial detriment to the member, a relative, or business in which the member or relative has an interest. In the case of any actual or potential conflict of interest, the member must publicly announce the actual or potential conflict of interest and refrain from participating in any discussion or debate on the matter. COMMITTEE REVIEW PROCESS The STIF Advisory Committee shall advise Deschutes County on the development of the STIF planning process and prioritize projects proposed to receive formula funds. Tasks included in the STIF Advisory Committee's recommendation process may include the following: • Conduct public engagement activities. • Request data. • Review all projects proposed for STIF Plan inclusion. • Recommend projects for STIF Plan inclusion. • Consider the criteria outlined in OAR 732-042-0020. • Consult with staff on how to coordinate STIF-funded projects. • Develop processes for ongoing monitoring. • Make decisions and develop recommendations, e.g. by voting, consensus, and/or ranking. In a manner consistent with ORS 184.751-184.766 and implementing regulations, the STIF Advisory Committee shall review every project and advise and assist Deschutes County in prioritizing projects. After a project proposal is transmitted by Deschutes County to the Chair, the Chair will distribute the project proposal to members of the STIF Advisory Committee at least 14 days in advance of the next regular scheduled meeting. At the next regular meeting of the STIF Advisory Committee following the distribution of the project, the STIF Advisory Committee will set a schedule for its review, deliberation and recommendation of the project. The schedule may be modified by the STIF Advisory Committee upon a majority vote at any subsequent meeting. The STIF Advisory Committee may also advise Deschutes County regarding opportunities to coordinate projects with other local or regional transportation programs and services to improve service delivery and reduce gaps in service. In addition, the STIF Advisory Committee may suggest changes to the policies or practices of Deschutes County when the STIF Advisory Committee considers that such changes are necessary to ensure that: (a) a public transportation service provider that has received funding under ORS 184.758 has applied the moneys received in accordance with and for the purposes described in the provider's plan or project proposal; and (b) a plan or project proposal submitted by a public transportation service provider does not fragment the provision of public transportation services. STIF Formula Funds STIF Advisory Committee members are required to consider the following criteria when reviewing STIF formula fund projects, as described in OAR 732-042-0020: Whether the project would: o Increase the frequency of bus service to communities with a high percentage of Low - Income Households. o Expand bus routes and bus services to serve communities with a high percentage of Low-income Households. o Reduce fares for public transportation in communities with a high percentage of Low - Income Households. o Result in procurement of buses that are powered by natural gas or electricity for use in areas with a population of 200,000 or more. o Improve the frequency and reliability of service connections between communities inside and outside of the Deschutes County service area. o Increase coordination between public transportation service providers to reduce fragmentation in the provision of public transportation service. o Expand transit services for students in grades 9 through 12. o Enhance an existing, productive service. o Meet public transportation needs and is a responsible use of public funds. o Be consistent with other factors to be determined by the Deschutes County or the STIF Advisory Committee. STIF Discretionary and Intercommunity Discretionary Funds The STIF Advisory Committee shall advise Deschutes County on the review of grant applications for acceptance, rejection, and prioritization for funding from the Discretionary Fund and Intercommunity Discretionary Funds, consistent with OAR 732-044-0025. The STIF Advisory Committee review process for STIF Discretionary and Intercommunity funds will be commensurate to the Formula Fund process. 8 STIF Advisory Committee members are required to consider the following criteria when reviewing projects under the discretionary STIF Funds as described in OAR 732-044-0025: Supports the purpose, as applicable, of the Discretionary Fund or the Intercommunity Discretionary Fund, as described in OAR 732-044-0000, which includes: o The Discretionary Fund is intended to provide a flexible funding source to improve public transportation in Oregon. It is not a source of ongoing operations funding. o The Intercommunity Discretionary Fund is intended for improving connections between communities and other key destinations important for a connected statewide transit network. Improves public transportation service to Low -Income Households. Improves coordination between public transportation service providers and reduces fragmentation of public transportation services. Is consistent with Oregon Public Transportation Plan goals, policies, and implementation plans, including: o Integrated public transportation planning where affected communities planned or partnered to develop proposed projects. o Technological innovations that improve efficiencies and promote a seamless and easy to use statewide transit network. o Advancement of state greenhouse gas emission reduction goals. o Support for or improvement of a useful and well-connected statewide transit network. Does not substantially rely on discretionary state funding beyond a pilot phase for operations projects. Supports geographic equity or an ability to leverage other funds (these factors apply when all other priorities are held equal). Meets any additional criteria established by the Oregon Transportation Commission (OTC). Bylaws The STIF Advisory Committee will maintain written bylaws that include, but are not limited to, name and purpose, committee membership criteria, appointment process, terms of office, general procedures, member duties, meeting schedule, public noticing requirements and engagement processes, and the STIF Plan development process and general decision-making criteria. These bylaws should be made available to the public on the Deschutes County website. These bylaws are a required element of Deschutes County's STIF program and will become effective upon their adoption by the Deschutes County Board of Commissioners. Deschutes County shall have the authority to amend these bylaws at any meeting of the Deschutes County Board of Commissioners. The STIF Advisory Committee may also propose amendments of these bylaws to Deschutes County. By: ?OA3f� 'JTZ' (xt Signature / Signature: Title: aCt; Title: � ('.,!_ C a Date: i — I I) _ -2-01 Date. J&', �d f 9 By:i9�/ oNt-- Signature Title: �C�+�MiSS(q�'ie-r Date: 9 10