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HomeMy WebLinkAbout2011-01-19 Work Session Minutes-( Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JANUARY 19, 2011 Present were Commissioners Tammy Baney, Alan Unger and Tony DeBone. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Dave Inbody, Assistant to the Administrator; Anna Johnson, Communications; Debbie Legg, Personnel; Susan Ross and Teresa Rozic, Property & Facilities; several representatives of the media; and ten other citizens. Chair Baney opened the meeting at 1:30 p.m. 1. Decision regarding Document No. 2010-718, a Labor Agreement with the Deputy District Attorneys Association. Dave Kanner said there was nothing new to report since the last discussion. The District Attorney asked for more time so he could talk with the labor representative. Evidently this has not occurred. Chair Baney said that concerns voiced by Mr. Flaherty about County Legal Counsel not being authorized to negotiate are not appropriate. Commissioner DeBone concurred. Mr. Kanner said that County Counsel was clearly authorized to negotiate on behalf of the County, and the District Attorney at that time was okay with this. If Mr. Flaherty feels something unethical has occurred, he can file a complaint against County Legal Counsel. The same avenue can be followed if he feels the contract is not legal. Mr. Kanner feels that the Board should move forward. Commissioner Unger stated that the process has been lengthy and complete, and done by the book. Mr. Flaherty has had ample time to do whatever he wanted to do in regard to the union. Commissioner DeBone read a statement at this time, supporting the process and the Board's decision. Minutes of Board of Commissioners' Work Session Wednesday, January 19, 2011 Page 1 of 5 Pages Chair Baney said that a lot of time and opportunity has been spent on this, and she feels this agreement is very management friendly. She feels having another union is unfortunate, but this is a very good agreement and it is not an option to disregard it. UNGER: Move signature of the agreement. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 2. Request for Land Donation from Sunriver Service District Fire Department. Art Hatch, Chief, and Dan Doherty, Assistant Chief, along with citizen Conrad Ruel, came before the Board. Chief Hatch gave an overview of his Department's need to have a training facility. Donated or acquired buildings for that purpose are hard to come by in the Sunriver area, and live fires are also potentially hazardous in any case. There is no location in Sunriver for a facility, but one could serve all of south County. The County owns property in the area that could possibly be used for that. Mr. Ruel said he is on the Fire Board and there have been some concerns voiced about placing one. He stated he supports training and his group works with Sunriver often. Mr. Kanner said the surrounding lots on Solar Drive are not presently occupied. It is possible that the area is subject to high ground water and, as red lots, may not be readily buildable. The agreement would be with the Sunriver Service District's Governing Body, which is the Board of Commissioners. There would still be some formidable obstacles in the land use process. He recommended a revocable license so the group can apply for permits, and if and when the permits are all in place, a 99 -year lease could be arranged. He asked how many days a year the facility would be in use. Chief Hatch said that between the two agencies, probably several days a week. Live fire training would occur less often. They have not yet analyzed how the water used in training would be handled. Minutes of Board of Commissioners' Work Session Wednesday, January 19, 2011 Page 2 of 5 Pages Chair Baney asked where the other cities do their training. Chief Hatch replied that they typically got acquired structures but it is not always ideal, and this type of arrangement may not always be allowed. Chair Baney asked if he thought that other agencies would want to use the facility. Chief Hatch said they could if desired. Commissioner Unger stated that readiness is important and he supports this idea. He is concerned about how funds would be raised and whether a 99 -year lease would be adequate for grant purposes. Chief Hatch feels that they need the land and thinks that a long-term lease arrangement will not be an obstacle. Chair Baney clarified that the land use part will be a challenge and there is no easy way around it. It will be the same process that anyone else would have to face. Commissioner DeBone asked if the property would be completely fenced, and whether it will be visual appealing. Chief Hatch said they want to have it look the best it can but do not have all the details worked out yet. Mr. Kanner said that they could start with a revocable license at this point to allow the group to begin the process. Mr. Ruel stated there are lots with homes nearby. There will likely be some people who object to this plan. A license will be drafted and brought before the Board in the next few weeks. 3. Economic Development Grant Requests. Chair Baney and Commissioner Unger indicated they have no funds left at this time. Mr. Inbody said that Commissioner Unger has $115 left and Commissioner DeBone has $5,000. He said the Board previously discussed moving some limited funds into this program. Mr. Kanner added that there are some one-time funds that might be appropriate for these kinds of grants. Chair Baney recommended they move $30,000 into the fund, which would allow $10,000 for each Commissioner. This will help the nonprofit agencies that are providing many services to the public. Mr. Kanner stated that the law says these funds are to be used for economic development, but the definition is vague. Other counties utilize the funds in a variety of ways. Minutes of Board of Commissioners' Work Session Wednesday, January 19, 2011 Page 3 of 5 Pages • La Pine Rodeo Association — $1, 000 request (event promotion) Commissioner DeBone said he was very involved with the organization for years and supports what is done, but has recently resigned. Commissioners Baney and Unger granted $500 each. • Network of Volunteer Administrators - $1,000 (Volunteer of the Year event) Chair Baney said this supports all nonprofit agencies, and is a thank you to the volunteers who make the work they do possible. Commissioner DeBone granted $1,000. • Bend -La Pine School Education Foundation - $500 (Trivia Bee) Chair Baney stated that Dave Kanner has been involved in this event for some time. Commissioner DeBone granted $500. • California Lutheran University - $3, 000 (Economic Forecast event) Mr. Inbody said that the County supported this in the past. The group wants to do a 1,000 -day roadmap plan. The County granted $2,000 in November. Chair Baney stated this is similar to what the Deschutes Economic Alliance does and there are other groups that do similar work. She supports sending people and paying for the registration. Some of the people are the same in both groups. Commissioner DeBone asked if the cities are sending anyone to the event. It seems to be the same people in the organizations with slightly different perspectives on the economy. Chair Baney said she supports sending people to it instead of sending a grant to the group. Commissioner Unger stated that there should be something firm that shows economic development. Commissioner DeBone said he supports having people attend the event. Chair Baney granted $500 towards the purchase of tickets. Commissioner Unger granted $100. This amount would cover the cost of eight tickets. 4. Update of Commissioners' Meetings and Schedules. The Board discussed previous and upcoming meetings. 5. Other Items. The Board went into Executive Session under ORS 192.660(2)(e), real property negotiations. Minutes of Board of Commissioners' Work Session Wednesday, January 19, 2011 Page 4 of 5 Pages Regarding the Redmond Airport Commission, Mr. Kanner said that the Board needs to appoint someone to a now vacant position. The last member was in place for about ten years. Commissioner Unger stated that he wants to know the makeup of the Board, and what kind of expertise they might need. They thought that the best person to answer this question might be Carrie Novick, who manages the Redmond Airport, so she will be contacted. Being no further discussion, the meeting adjourned at 3:15 p. m. DATED this // �.. % — Day of etet/CLAA-A-K Deschutes County Board of Commissid,hers. ATTEST: ,4r/i/tAx_c_ Recording Secretary J Tammy Baney, Chai 2011 for the --/,;" - y/L___ ---0 Anthony DeBone, Vice Chair Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Wednesday, January 19, 2011 Page 5 of 5 Pages TES W { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, JANUARY 19, 2011 1. Decision regarding Document No. 2010-718, a Labor Agreement with the District Attorneys Association 2. Request for Land Donation from Sunriver Service District Fire Department — Art Hatch, Chief Sunriver Fire Department; Susan Ross, Property & Facilities 3. Economic Development Grant Requests — Dave Inbody • La Pine Rodeo Association • Network of Volunteer Administrators (Volunteer of the Year) • Bend -La Pine School Education Foundation (Trivia Bee) • California Lutheran University (Economic Forecast) 4. Update of Commissioners' Meetings and Schedules 5. Other Items Executive Session under ORS 192.660(2)(e), real property negotiations PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding altemative formats or for further information. co = T 0 CN 10l7 L V co • Q) c O 'N\ ` IJ' 1.) ev-,, ycr, V `dry ^ 1. 1--, F rt i r% PAa.i �i r., v l s 1 L— 4 (Please Print) — Name Agency Mailing Address 0n, c D , 9 ft jt 0 - p al lfi I a. 4t cu bo n. V . z- (0 >. N c0 v v N N L - �� E a� ij �} 1l NO Q a..) t M. GB Mailing Address 1 (P/ease Print) Name A:en 4e,41. ic brcir b " to a. c a) I As a newly elected official, I have been put in the position of voting to ratify this labor agreement for the people of Deschutes County. This group of Deputy District Attorneys has the right to organize under Oregon's Public Employee Collective Bargaining Act and the process has begun to create a new union group. These individuals are highly educated and well compensated employees of Deschutes County. From my view of the world, a union's purpose is to protect workers from unsafe work environments like meat cutters in Chicago one hundred years ago or assembly line workers 80 years ago in Detroit, Michigan. I will accept this agreement as written because it provides us the best opportunity to work in good faith with these employees who have already voted to proceed as a group. District Attorney Patrick J. Flaherty January 19, 2011 Deschutes County Commissioners 1300 NW Wall St., Ste 200 Bend, OR 97701 Phone: (541) Admin. Fax: (541) Felony Fax: [541) Grand Jury Fax: (541) Juvenile Fax: (541 ] Re: Significant Flaws Discovered in Union Contract Negotiations Dear Commissioners: 388-6520 330-4691 388-6615 330-4698 383-0901 As you know from my dialogue with you last week, I wanted to schedule a meeting between myself and the attorney for the DDA Union to discuss the proposed Union Contract. However, not only did the Union attorney avoid meeting with me, I was provided with information that is seriously disturbing and which creates severe doubt as to the viability of the Contract currently before you for consideration. I received an email last week from Deschutes County Legal Counsel Mark Pilliod for the first time announcing that his negotiations on the Union Contract were both on behalf of Deschutes County and also on behalf of the District Attorney's office. Previously Mr. Pilliod had asserted he was negotiating only on behalf of Deschutes County. However, early drafts of the proposed Contract contain signature lines for both Deschutes County and the District Attorney's Office. This recent admission by Mr. Pilliod of his "dual role" creates a serious problem that Deschutes County should be aware of. The District Attorney's Office is a State office while Deschutes County is a county governing body. As you have seen from the dialogue over the past several months, the interests of the District Attorney's Office are in many regards in conflict with the interest of Deschutes County. No attorney honoring the Oregon Rules of Professional Conduct can represent two conflicting parties in such contract negotiations without obtaining an express written waiver of that conflict of interest prior to entering into those negotiations. Under Oregon law, any such conflict of interest waiver must be in writing, executed both by the District Attorney's Office and by you County Cornmissioners, before any negotiations on that contract could commence. In reviewing the Deschutes County District Attorney's files on this matter, no such conflict of interest waiver was ever Deschutes County Courthouse • 1 164 NW Bond Street - Bend, OR 97701 executed by this Office. Further, I feel it very doubtful that you Commissioners signed a conflict of interest waiver either. While Mr. Pilliod had authority to negotiate the Union Contract on behalf of Deschutes County, he never had authority to negotiate that Contract on behalf of the Deschutes County District Attorney's Office. That is a separate state office that never authorized Mr. Pilliod to act as its agent. In his recent email, Mr. Pilliod admits that he misrepresented to the Union attorney his authority to act on behalf of the Deschutes County District Attorney's Office. As such, any negotiations conducted by Mr. Pilliod under such false pretenses are void and render the proposed Contract unenforceable. I had previously asked Mr. Pilliod to provide me with copies of his correspondence with the Union attorney so I could follow the Union negotiations in preparation for my planned meeting with the Union attorney. Mr. Pilliod steadfastly told me that no such written communications existed. However, that position was refuted by Becky Gallagher, attorney for the Union. In her email to me to Mr. Pilliod last Thursday, she confirmed that there are, in fact, written communications and emails between her and Mr. Pilliod. She now refuses to produce any such communications claiming they are somehow "privileged information" and thus unavailable to me. Ms. Gallagher does not state which of the few legally recognized "privileges" would cover such communications. This is because no such privilege exists under Oregon law. Unless she is claiming that Mr. Pilliod was actually representing the Union and some form of attorney-client privilege exists between Mr. Pilliod and the Union as his client, such communications are in no way "privileged" as Ms. Gallagher claims. The mere fact that Ms. Gallagher and Mr. Pilliod appear to be hiding these communications creates additional concern over the legality of the negotiations that have taken place to date. I am enclosing with this letter a copy of the above -referenced email. If you recall, Ms. Gallagher explained in her letter to Deschutes County last month that the Union predicated their proposed Contract with Deschutes County on what she claims was Deschutes County's "agreement" to execute that Contract before the end of the year. As such, the Union is claiming that there is a material "condition precedent" to the Contract they gave you last year. Since that alleged condition was not met (the Contract was not signed by the end of the year), the Union has put the County on notice that the proposed Contract is now void and not enforceable against the Union. Thus, even if the County ratified the Contract today the Union still has the absolute right to disclaim the Contract or any enforceability of the Contract. This is something that should have been explained to you by your legal counsel unless he is operating under a conflict of interest that is limiting his advice to you. As you are aware, since I took office on January 1, 2011, five former Deschutes County Deputy District Attorneys are no longer employed at the District Attorney's Office and have been replaced by new appointees. This mere fact puts the County on notice that the Union attorney, Ms. Gallagher, may no longer have authority from a majority of the remaining Union members to propose this or any other Union Contract to Deschutes County. As such, it is incumbent upon you as the County goveming body to ask Ms. Gallagher to provide in writing a statement confirming that (1) she still represents this union, and (2) she has current authority to propose this Contract as written. This was one of the questions I planned to ask Ms. Gallagher at our meeting. I fear that one of the reasons she avoided the meeting with me was that she knew she could no longer accurately represent that she has current authority to propose this Contract. In summary, the Deschutes County District Attorney's Office has never waived the conflict of interest that exists with Mr. Pilliod attempting to represent both the DA's Office and Deschutes County in these contract negotiations. As such, the current proposed Contract is unenforceable as a matter of law. Additionally, since the Union asserts that a condition precedent to the current Contract was its execution by the end of the calendar year 2010, the Contract is again void on its face and unenforceable. Finally, before the Commission should proceed further with any dialogue with Ms. Gallagher regarding this or any other Contract, they should obtain in writing from Ms. Gallagher an affirmative attestation that she still represents the Union and that she has authority to propose this or any other Contract presented to the County for consideration. Feel free to contact me directly if you have any questions concerning this matter. Patric .. Fla'i rty Deschutes Count District Attorney cc: Mark Pilliod, Deschutes County Legal Counsel Patrick Flaherty From: Mark Pilliod Sent: Thursday, January 13, 2011 3:12 PM To: 'Becky Gallagher' Cc: Patrick Flaherty; Dave Kanner, Christopher Bell Subject: RE: Set up a meeting with you. Hi Becky: Chris is out of town, so I am responding. While Deschutes County legal counsel has negotiated on behalf of the county and the district attorney throughout the most recent collective bargaining process, I don't believe the current district attorney views the county legal counsel as its representative. Regardless of whether our views differ, you are nonetheless permitted to communicate with Mr. Flaherty, provided you understand that Mr. Flaherty does not speak for or otherwise represent Deschutes County. Mark Pilliod Deschutes County Legal Counsel 541-388-6625 This mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Becky Gallagher [mailto:beckyg@ggfm.com] Sent: Thursday, January 13, 2011 11:00 AM To: Christopher Bell; Mark Pilliod Subject: FW: Set up a meeting with you. Chris and Mark: I'm not sure if either of you are in the office (I think Chris mentioned heading out of town) but I wanted to forward you a copy of the letter I received from Mr. Flaherty. My position is that he is represented by your office in this collective bargaining process and I will not meet with him without one of you present. I also don't plan to release to him the communications and emails between myself and your office. That is privileged information and if he wants to obtain it he should be going through you. Finally, there are only two business days between now and Tuesday and I'm not available to come to Bend on either of those two days. If you would please communicate this with Mr. Flaherty I would appreciate it. Please let me know if you have any questions. Thanks, Becky Becky Gallagher Garrettson, Gallagher, Fenrich & Makler, P.C. 423 Lincoln Street Eugene, OR 97401 1 (541) 342-7820 Office (541) 342-7802 Fax beckyg@,ggfm.com Do not read, copy or disseminate this email unless you are the intended recipient. This email communication is confidential and privileged information only for the recipient. If you have received this email in error, please call immediately and ask to speak to the sender. Also, please reply to this email that you received this email in error. To ensure compliance with Treasury regulations governing written tax advice, please be advised that any tax advice included in this communication, including any attachments, is not intended, and cannot be used, for the purpose of (i) avoiding any Federal tax penalty or (ii) promoting, marketing, or recommending any transaction or matter to another person. Please note that our firm does not typically provide tax advice. We recommend consulting with a tax professional. Forwarded Message From: Patty Hendrix <Patty_Hendrix@co.deschutes.or.us> Date: Thu, 13 Jan 2011 09:43:41 -0800 To: Becky Gallagher <beckvg(a adm.com> Cc: Tammy Baney <Tammy Baney@co.deschutes.or.us>, Alan Unger <Alan_Ungeraco.deschutes.or.us>, Tony DeBone <Tony DeBone@co.deschutes.or.us>, Patrick Flaherty <Patrick Flaherty@,co.deschutes.or.us> Subject: Set up a meeting with you. Greetings Ms. Gallagher. DA Patrick Flaherty asked me to forward this letter to you. «20110113093559811. pdf» Patty Hendrix Administrative Assistant Deschutes County District Attorney ph: (541) 388-6522 fax (541) 330-4691 pattyhadeschutes.orq End of Forwarded Message 2 ETES � 2 A, A -k Department of Administrative Services Dave Kanner, County Administrator 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541 ) 385-3202 www.co.deschutes.orus January 13, 2011 TO: Board of Commissioners FROM: Dave Kanner RE: Request from Sunriver Service District for County -owned property For your consideration at the January 19 work session is a request from the Sunriver Service District, specifically the Sunriver Fire Department, for the County to transfer to the District a .75 acre piece of County -owned property, zoned RR -10, on which the District would like to build a fire training facility. As you can see from the attached, Chief Art Hatch first submitted this request about a year -and -a -half ago. Shortly after submitting it, he contacted me and asked that it be put on hold. In December, he indicated that the District was now ready to move forward. The property in question was acquired by tax foreclosure and the County has the statutory right to sell, exchange or lease the property or to relinquish it to another public entity. In this case, the property in question is a high -groundwater ("red") lot and, as you know, the County has a policy of not transferring red lots. In this case, the property is to be used for a public purpose and we believe it may be possible for the fire department to create the training facility without installing an on-site wastewater disposal system. There would be a number of land -use hurdles to overcome, however Chief Hatch has already met with Planning staff to gain an understanding of what would need to be done. However, given the County's policy of not transferring red lots, staff's recommendation is that we instead enter into a 99 -year lease with SSD for $1 per year. In this way, we remain true to the policy and, if the SSD is unable to get its land use approvals or is for any other reason unable to go forward with the project, it remains in County ownership. Chief Hatch and County staff will be at your January 19 meeting to answer any questions you might have. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner SUNRIVER SERVICE DISTRICT FIRE DEPARTMENT MEMORANDUM P.O. BOX 2108 SUNRIVER, OREGON 97707 (541) 593-8622 FAX (541) 593-2768 TO: Board of Deschutes County Commissioners FROM: Art Hatch, Sunriver Fire Chief DATE: July 28, 2009 SUBJECT: County Land Donation The Sunriver Service District Fire Department is requesting that the County donate land to the Service District for the purpose of constructing a training facility. Please find attached a White Paper describing the need for a training facility in the south county region in general and the Sunriver Service District in particular. There are no suitable properties currently available within Sunriver, but there is county owned land just outside of Sunriver that would be ideal. We are requesting the donation of this property as there are currently no funding sources available to purchase property for this purpose. In fact, once we have obtained a suitable piece of property, we will be seeking funding for the construction of the facility from a variety of sources, including, potentially, partnering with the LaPine Rural Fire Protection District. However, without a parcel of land on which to build, obtaining funding for construction would be difficult at best if not premature. Additionally, it is possible that we will need a land use variance to construct the facility on this property. Also attached is a map of the Upper Deschutes Fuel Treatment area. The lots we would like donated to the Service District are Lots 21 and 22 on the southwest corner of Solar Drive and Covina Road intersection (highlighted). A second choice would be Lot 20 on the southwest corner of the Solar Drive and Fontana Road intersection (highlighted). We greatly appreciate the Commission's consideration in this matter. I am available to meet with the Commission, attend a Commission meeting, or make a presentation in order to answer any questions or clarify our needs and intentions. Attachments Fun. aim PREVENT FIRE - SAVE LIVES ��I Ii 10 V I"W�rr 111111 2 3 4 �- 5 G 1 SPRING RIVER RD 25 1 2 ;I 2 3 4 5 6 7 8 9 10,11 12 13 14 15 16 17 18 19 20 21 22,23 24 26 j 3 27 ; 4 I 52 51 50 49 48 47 46 45 2,43,44,PT.�l1 38.37 36 35 34 33 32 31 30 29 5 39, • 0+PT.4 28 ' _-= AZUSA RD ] DRR r� i 11 7 1 2 3 4 LOTS 5 6 & 7 8 9 10 11 12 13 14 15 16,17 23 8 J 18 19 20 21 22 /A 1 24 9 25 10 (47 45,46 43,44 42 41 40 39 38 37 36 35 34 33 31,32 30 29 28 27 26 /20 19 8 11 - 12 _---BAKERSFIELD RD'=- 21 ii 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 3 4 14 2 17 23,24 15 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 261 21 PT.16 �— 25 -�:, _ - _ COVINARD7 1 21 6 2 ij 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 4 3 23 2 II • 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 24 20 11 25 1 DOWNEY.RD - �� � 1 2 3 4 5 6 7 8 9 10 11 12 13114 15 16 17 18 19 20 21 22 �� 1 2 3 23 • 4 46 45 44 ] DR' 43 H 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 24 18 17 5- 25 11c" 11 1211 1 2 3 4 5 6 7 8 ELSINOR 9 10 RD 11 12 13 14 15 16 17 18 19 20 4 14 1311 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 trl 3 x. j© FONTANA RD - g 11 m 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ;0 14 13 m 39 38 37 36 35 34 33 32 31L30 29 28 27 26 25 24 22 &23 MIL 'EEr GLENDALE RD— --_-- 11 12 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 L 14 13 1 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 6 ��I 7 — -- Ili HERMOSARD_.- it 11 12 I11Fr1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ISI I 14 IV 40 39 38 37 36 35 34 I; i 10 I 33 32 31 30 29 28 27 26 25 24 23 221 21 11 _ -- 13 14 r 1 2 3 4 5 6 7 8 9 INDIO 10 11 RD 12 13 14 15 16 17 18 19 20 21,22 1'j 23 1 2 3 1646145 44 43 42141 40 39 38 37 36 35 34 33 32131 30 29 28 27 26 25� 24 f 39 o _.�__ JACINTO RD - ill1 , g 1 w h 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 46 45 44 ` 2 [:46 45 44 42 41 40 39 38 37 36 35 34 33 _ 32 31 30 29 28 27 26 25 24 23 22 21 mi 19 18 17 16 MIE® 121 II! 9 8 7 6 5 4 no 1 111' Upper Deschutes Fuel Treatment Total Acreage of County Properties: 21.98 Acres W+E Key Road Centerlines n Flagged County Lots Other Taxlots Printed: February 6, 2007 I 1 I 1 I 1 I 0 200 400 800 1,200 Feet The Information on this map was derived from dgtal databases on Deschutes County's G.I.S. Care was taken in the creation of this map, but it is provided `as is'. Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy it the dgtel data or the underying records. There are no warranties, express or implied inducing the warranty of merdtantabilrty or fitness for a particular purpose, accompanyng this product. However, notification of any errors cull be appreciated. Deschutes County Road Department Gnu.. John Andersrrn, (,IS Speculat thane 64 22-7 R2 Er IJI turn laer.uAtux ilul.. w ,u Ade -es E I Ise SE J7e, S= pan+. Oe£77a2 P:\ArcGIS_Projects\BOCC\Wood Contract\ White Paper Emergency Services Training Facility From Sunriver Fire Department Sunriver Fire Department Training Facility White Paper Disclaimers Some information contained in this document is subject to change without notice. Sunriver Fire Department Training Facility White Paper Table of Contents Executive Summary 4 Business Challenge 5 Solution Description 11 Solution Benefits 12 Appendix A 13 Appendix B 15 Contact Information 19 Sunriver Fire Department Training Facility White Paper Executive Summary Firefighting is an extremely hazardous activity that requires the ability to perform hundreds of tasks — under highly stressful circumstances and in a limited if not zero -visibility environment — coupled with the timely and efficient coordination of those tasks by individual firefighters and teams of firefighters. It is well recognized by industry experts that frequent, realistic training is essential to the safe and effective use of knowledge, skills, and equipment in order for fire departments to carry out their mission: to save lives and protect property. Without a comprehensive, task -oriented training program that includes regular practice of critical firefighting skills, well -coordinated fireground tasks cannot be safely and efficiently performed. Essential to a comprehensive, task -oriented training program is the equipment and facilities necessary to provide safe and realistic initial and ongoing training in a variety of critical skills. Sunriver Fire Department Training Facility White Paper Business Challenge NEEDS ASSESSMENT In order to identify the equipment and/or facilities necessary to provide this training to Sunriver firefighters, a needs assessment was conducted that included: • Conducting a "Gap" Analysis • Identifying Priorities • Identifying Cause of Performance Problems • Identifying Possible Solutions The methods used to perform the needs assessment included direct observation, consultation with our personnel and others in key positions or with specific knowledge and background, and reviewing relevant literature. The focus of our needs assessment was the strategic priorities common to all emergencies to which we respond and, specifically, structural firefighting. Subsequently, the priorities we identified are those universal strategic priorities which are: • Life safety • Incident stabilization • Property conservation LIFE SAFETY While managing a structure fire, life safety is always our first priority. If a life safety problem exists, tactical objectives would be to rescue (identified occupants), perform search and rescue (strongly suspected or reported occupants), or conduct a primary search (unknown but possible occupants). The ability to safely and effectively perform any of these tactics requires frequent and realistic training. This cannot be done with the props and make -shift facilities currently available. For example, the donated, single -wide mobile home that is used for structural search and rescue training does little beyond allow personnel to practice crawling on their hands and knees in a zero -visibility environment by blacking out their self-contained breathing apparatus (SCBA) face pieces. Because of its size and configuration, it actually does very little to prepare firefighters to conduct a search and simulate a rescue in a structure that would typically be found in Sunriver. A search and rescue prop (maze) should be easily arranged to provide varied situations and include the elements of darkness, smoke, and noise. Training sessions should consist of several rescue exercises at varying degrees of difficulty and complexity. For example, a search and rescue with one victim, then two victims, then a victim with entrapment. A maze emphasizes various levels of physical stress and endurance. The physical exertion -5- Sunriver Fire Department Training Facility White Paper simulates the stress and tension that a firefighter may experience in a real situation; raising and climbing ladders, pulling hose, setting up equipment, or movement in restricted situations encountered in a burning building. Controlled breathing, teamwork, and safety when moving though scuttles, joists, stairs, and tunnels are stressed. None of this is possible absent a dedicated training facility; certainly not in a single -wide mobile home. We teach this in the classroom ... SEARCHING A BUILDING Indicate that room has Be alert for been searched, trapped victims. Call for 1 111 charged ►� line. Close doors to confine fire. Search under and • behind all furniture. Probe with leg or tools. IIIIIiIiIIiIIP: AsAMMIIMEMPREN top of stairs. Search all closets, cupboards, and shower stalls. Probe for victims just inside doors. Ventilate as you move. -6- Sunriver Fire Department Training Facility White Paper Then follow up with practical application here.. . Instead of here. If one merely imagines being awakened in the middle of the night by a smoke alarm in an upstairs bedroom, choking on and unable to see through thick, black smoke in a 2000 or 3000 square foot, two-story house, then imagine the would-be rescuers were trained in a 300 square foot mobile home to search for, locate, and remove the occupant(s), it becomes very easy to understand the need. It is analogous to a football team preparing for the "big game" by practicing on a racquetball court. Sunriver Fire Department Training Facility White Paper The point of that thought experiment is to illustrate the gap that exists between expectation and reality. If one were to find him/herself in this uninviting circumstance, the expectation would be that the well-equipped, well-trained professional rescuers are going to quickly perform the highest fireground priority of any fire department: rescue. The reality is that unless these rescuers train on a regular and ongoing basis — in a manner that, as closely as possible, replicates reality — the potential for a positive outcome will be, at best, uncertain. Though the outcome in this case was tragic, the enclosed article (Appendix A) illustrates how a well -practiced team of rescuers — when time and polished skills are absolutely critical — can seamlessly adapt to a changing environment. Though such a scenario may be rare, it is definitely possible and the need for preparedness cannot be overstated. And it is precisely because it is rare that frequent, realistic training is essential. A major function of the fire department is to plan for rare events. In esoteric risk -management terms, these events are HRLF-NDT's: High risk, low frequency, no discretionary time, events. The only way to minimize risk, increase frequency, and mitigate the need for "discretionary" time is through frequent, realistic training. In addition to the training necessary to rescue civilian occupants, the very real danger of firefighter injury or entrapment necessitates training of firefighting personnel to serve on Rapid Intervention Teams (R.I.T.); this is the essence of the OR -OSHA "two -in, two -out" rule. Firefighters must be trained to perform the tasks associated with accessing and rescuing downed firefighters. In many ways, this is a more difficult task that requires additional training. Moreover, as is noted in the attached article (Appendix B), failing to properly train firefighters to perform work in the environment in which we expect them to operate could be a violation of the OR -OSHA General Duty Clause (OAR 654.010). INCIDENT STABILIZATION Typically, the incident will be stabilized by achieving these tactical objectives: • Confine • Ventilate • Extinguish That is, provide for ventilation of heat, smoke, gases and other products of combustion from the structure, confine the fire to the room or, possibly, the structure of origin, and properly apply extinguishing agent to the fire to put it out. Though it sounds simple enough, the fact is that each of these tactical objectives requires frequent and on-going training in order for those tasks to be performed quickly and safely and in a well -coordinated manner. Improper or ill-timed venting of burning structures or improperly applied fire streams can easily make the problem worse and create an even less safe environment in which to operate while causing unnecessary damage to property. Sunriver Fire Department Training Facility White Paper Additionally, there are times when the order of events is dictated by the conditions found and these tactical objectives cannot be addressed "in order." For example, while "life safety" remains the highest strategic priority, there are times when the fire must be extinguished (incident stabilization) before a rescue can be performed. Yet, in all cases, a well coordinated and timely team effort is essential for success, and that requires frequent realistic training. Without a facility that provides live -fire training in a controlled environment, firefighters will not experience, first-hand, how compartment fires spread, how fire behaves under varying circumstances, or the undesirable effects of a poorly selected fire stream or its application until that occurs under emergent conditions; that is not the time to learn those lessons. Many fire departments are without a dedicated live -fire training facility and rely upon "acquired structures" (residential and commercial structures scheduled for demolition that are donated to the fire department for live fire and other training) for live -fire training events. But, because of the nature of this community, acquired structures are extremely rare and are — when they do become available — inherently dangerous (as are all acquired structures). They are also very expensive endeavors due to the exorbitant number of hours required for planning and conforming to OSHA regulations and NFPA 1403 (Standard on Live Fire Training Evolutions) and the amount of support staff necessary for such training events. This makes regularly scheduled training for this absolutely critical performance dimension impossible. What is worse, as mentioned above, it more often than not means new members (primarily Reserves) encounter their first structure fire, not in a controlled training environment, but in an emergency situation. This is no less a bad idea than sending soldiers into battle never having fired live ammunition. Absent a dedicated training facility, similar limitations with other critical tasks such as vertical ventilation and search and rescue are the norm for Sunriver Fire Department. As a November, 2004 National Institute for Occupational Safety and Health (NIOSH) publication points out, "Live fire training exercises are a crucial element in the structural firefighting curriculum." And this same report notes that "During 1983 — 2002, 10 fire fighters died as a result of injuries while participating in live -fire training exercises at acquired structures." And as Harry Carter, Ph.D. explains, "The problems here do not seem to be happening at established local, county, regional, and state training centers. What we do hear about is people being burned and killed in acquired structures. When you think about it, the reason for this is quite simple. "The environment at a fixed, permanent bum building is controlled. Someone is responsible for maintaining the bum buildings. They usually receive frequent cleanings, as well as periodic maintenance. You do not have the same luxury in an acquired structure scenario. You have what you have, because that is what was offered to you. Even the best inspections by well-trained fire personnel cannot see through walls, ceilings, and roofs." (Firehouse.com August 4, 2002) Sunriver Fire Department Training Facility White Paper PROPERTY CONSERVATION Typically, this involves operations referred to as Salvage Operations or Loss Control and provides for protecting property inside the structure from fire loss or unnecessary smoke or water damage. This work also requires the ability to rapidly deploy salvage covers, construct water chutes or catch basins. While these skills can be practiced in a variety of environs, it is most realistically practiced in conjunction with on-going fire suppression activities in addition to the stand-alone manipulative skills involved. Sunriver Fire Department Training Facility White Paper Solution Description The training needs described above should be addressed by constructing a dedicated, fixed facility that provides for regularly scheduled training in critical firefighting and rescue skills, specifically: search and rescue, vertical ventilation, and live -fire structural fire suppression. In this way, firefighters are prepared to face the rigors and demands of achieving fireground objectives here .. . prior to encountering them here .. . Sunriver Fire Department Training Facility White Paper Solution Benefits The value of live -fire and attendant training is difficult to calculate because it's impossible to put a value on human life. There is simply no substitute for live firefighting experience under safe, controlled conditions. Firefighting professionals agree that live fire training in a controlled environment can: • Reduce the number of injuries to and deaths of firefighters and civilians • Reduce property loss and business interruption resulting from fire • Reduce lost time injuries and compensation claims • Reduce property damage • Increase fire department efficiency and morale • Improve training capability of the fire department • Improve the public image of the fire department Sunriver Fire Department Training Facility White Paper Appendix A © McClatchy -Tribune Information Services. All rights reserved. Reprinted by permission. Omaha World -Herald, Neb. (December 13, 2008) Dec. 13 — Seconds count when a 3 -year-old boy lies trapped inside a burning house. Two firefighters rush in a side door, but the intense heat forces them to the floor and pushes them back out. Elapsed time: less than 10 seconds. The two run to a ladder another firefighter had set against the front of the house. The first firefighter breaks the window with his ax and dives in, landing on a bed. The second firefighter dives in, landing on top of his partner. Firefighter No. 1 rolls off the left side of the bed; No. 2 rolls off the right. Neither can see a thing. No. 1 feels around with his hands, finds a child and tells No. 2. No. 2 radios in that they found the child as he climbs back on the bed and out the window. No. 1 follows the sound of crunching glass back toward the window and hands No. 2 the boy. No. 2 carries the boy down the ladder. No. 1 follows. Elapsed time: About 30 seconds. Firefighter No. 1, Firefighter Candidate Will Guidebeck, and Firefighter No. 2, Capt. Jim Lee, recounted those intense seconds Thursday, a day and a half after they pulled Davius Potter -Tate out of the house at 1428 0 St. The boy died after he got to the Nebraska Medical Center, a victim of smoke inhalation. But without the efforts of Guidebeck, 32, and Lee, 42 -- and the assistance of others on the scene — Davius would have had no chance. Funeral services for Davius are pending at Myers Funeral Home, 2416 N. 22nd St. It took firefighters three minutes to get to the house from the fire station at 25th and L Streets after the 911 call at 11:07 p.m., officials said. Lee said firefighters were happy to have rescued the boy from the house while he was alive. Still, the boy's death meant Wednesday was a somber day. 'We wish the outcome would have been a lot different," he said. Both Lee, a firefighter for almost 12 years, and Guidebeck, who comes off probationary status in March, said they could hear a smoke alarm sounding when they entered the side door. Both said people should have a plan for getting everyone out of a house in a fire. Sunriver Fire Department Training Facility White Paper 'We want to help," Lee said. 'We'll put smoke detectors in. We'll come talk to you help you plan on how to get out of a house." Officials said the adults in the house had tried to extinguish the fire, which started it's best to get out first and call 911 so the firefighters can get to work. about home safety. We'll in the living room. Lee said After all, seconds count. "You gotta let us know," Lee said. "You've got to call us right away." Contact the writer: 444-1109, bob.glissmann@owh.com To see more of the Omaha World -Herald, or to subscribe to the newspaper, go to http://www.omaha.com. Copyright (c) 2008, Omaha World -Herald, Neb. Distributed by McClatchy -Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. Sunriver Fire Department Training Facility White Paper Appendix B Not Training is Just Plain Dumb Dr. Harry R. Carter, MIFireE, CFO, is an intemationally-known, veteran fire officer, municipal fire protection consultant, author, writer, and lecturer. He currently serves as a fire commissioner and is Chairman of the Board of Fire Commissioners for Fire District #2 in Howell Township, New Jersey. Dr. Carter has also served on the adjunct faculty of a number of community colleges in New Jersey, as well as the National Fire Academy in Emmitsburg, Maryland. Harry R. Carter, Ph.D., MIFireE, CFO The level of ignorance in society today is a source of constant amazement to me. Each and every day a new story appears on the television news or in my local paper. Each of these gives me pause to ponder the mental capacity of some people in our society. It seems to be at a low point in the ebb and flow of history. Not too long ago on NBC TV's Tonight Show, Jay Leno shared another one of his "stupid criminal" stories with America. It seems that a certain individual was arrested by his local police department and charged with possession of a small pistol. Of course the man denied any knowledge of said weapon. Unfortunately for him, his undoing proved to be the fact that he just happened to have a tattoo on his leg of that particular weapon, as well as the serial number. Boy was that dumb. Let me give you another example of what I have come to call the vaunted "dumb ass". I am making reference to those legions of fire departments which fail to train their people to do the job they are sworn to do. There was even a fire chief at a seminar in Pennsylvania not too long ago who spoke up and said that he did not want too much training imposed on his department. His reason for this statement stopped everyone in their tracks. That person said he did not want his people to know more than he did. If you don't believe me on this one, ask Ron Siarnicki of the National Fallen Firefighters Foundation. He shared that story with a number of us at a seminar here in New Jersey last year. I can hear the moaning now. The "we've never done it that way" warriors will be leading the cheers. Harry is on a training tear again. Yep, you are right. Let me suggest a few versions of the moans we all might hear: Who in the heck are you to tell me anything? Get off our case Harry, we train. If you don't believe me Harry, just check my records. - 15 - Sunriver Fire Department Training Facility White Paper We don't need to train Harry, we go to a lot of fires. We don't need no stinking training. (Ala Treasure of the Sierra Madre -1948 or Blazing Saddles -1974) There are other people who play a part in my life for whom fire service training is also a passion. My friends up at the Massachusetts Firefighting Academy in Massachusetts stand representative of the best in fire service training. They recently sent me an email version of a really neat article from the Boston Herald which spoke volumes about the bad things that can happen when you fail to train your troops. They asked me to share it with you. This is a good example of what can happen when people do not take training seriously. It seems that there was a serious incident involving a private sector construction worker in a local Massachusetts community. The individual in that instance was attempting to disassemble a crane for movement to a job site. According to the Boston Herald article, "a ...construction company has been cited for 'serious' violations by not training an employee to use a crane, which fell on him and crushed his legs when he was dismantling it last February." Let me quote further from the Boston Herald article: "On Feb. 2, 2005, an employee was seriously injured while dismantling the Link -Belt Crawler crane without any process to be followed," the citation reads. "The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury." It is at this point that I would expect many of you to start telling me about how stupid it was to have someone doing a job for which they were not trained. Have at it my friends. Duh! Take your best shot. And then once you have done that, let me give you a few points to ponder. At this time in the 21st Century, there are states in our great nation that have failed to develop and implement full mandatory state training programs. Here in New Jersey, we have a great many fine county -level programs, but there is no state mandate for training. Since I have been involved with this process for more than 15 years, I feel qualified to pitch a bitch. The reason is really stupid my friends. In New Jersey we have a series of regulations that control how our system of government will work. One of the rules is called "State Mandate — State Pay." In other words, if the state mandates training, the state feels it will get stuck with the bill. As I said earlier, this is nonsense. This has left us here in New Jersey with what we jokingly call a system of "voluntary standards." What a contradiction in terms. That is sort of like discussing the concept of Army Intelligence. I believe such things are called oxymorons by the unbelieving public. Sunriver Fire Department Training Facility White Paper There is a fear rampant in government about this law. I can recall the time my consulting firm completed a study for the State Division of Fire Safety of the implications of the "Two- In/Two-Out Rules" that were being implemented at that time by New Jersey. The state said that they were being forced by the federal government to obey this law. The research which my associates and I conducted arrived at the opposite conclusion. At that time, New Jersey was not an OSHA state. The law was created by the state, based upon the federal model, but it was a state creation none -the -less, or so my associates at the federal level assured me. There was no federal mandate at time for the state to implement this requirement. This led the State of New Jersey to pay my firm and then never publish the report. You might call this another example of better living through good government. Because of this little bit of legal chicanery at the state level, we have forced the cost of training downward thus making the system of training delivery uneven. Some counties have large, modern facilities, while others make do. There are even a couple of counties that do not have training academies. Oddly enough, these happen to be the most populous counties in the state. Very few of the major cities even have training academy facilities any more either. There will be those who love to hate me because of the positions I take and the opinions I put forward. Good. I love it when people take positions of ignorance and then proceed to provide a strong defense of ignorance as a concept. Let me take my argument to its logical conclusion. Let me stress to you that far too many people also take a cavalier view of what training is and what is needed. When I was assigned to the training division of a certain major metropolitan fire organization, I had frequent contact with the head of that agency. Sadly, his actions confirmed the paucity of his thinking for me. One day while I was working to justify increased resources for a particular program, the boss said something to me that shocked me. More than that, I cannot repeat it in its actual English language phraseology. However, let me paraphrase what I heard that afternoon in the late 1990's. The man asked me why I was so concerned with training. He indicated that it was a jerky function. He told me that we went to a lot of fires, so we would learn what we needed to do while we were doing it. This from a person with a bachelor's and master's degrees in education. Hmm, I wonder if that person has anything to do with a certain construction company in the state of Massachusetts. My friends, it is high time that we wake up and begin to smell the alluring aroma of well - thought -out fire training coffee. Far too many people with a similar low opinion of training occupy important positions in their fire departments. I want each of you to share this article with your supervisors. Put them on notice that you want more training. Sunriver Fire Department Training Facility White Paper This is not a career vs. volunteer issue my friends. In my state the fire department is your employer whether they pay you or not. While there may be variations of the law in your part of the world on this, I would be willing to bet that you could be found liable in court (or in the court of public opinion) for someone who died or was seriously injured because they were performing a task for which no recent training had been provided. You may agree with me or you may disagree. This being a free society, you have that option. However, I want you to know that I believe in practicing what I preach. I would not feel right speaking on this if I did otherwise. I still attend drills. I can recall one that my fire department held last year. Like a good soldier, I shaped up and played my part. In the midst of that high -humidity, 85 degree evening, a relevant brain wave shot through my consciousness to the core of my being. It was what some of you might call a "hallelujah moment." It went along the following line of thought. "Son, maybe it is time to let the young folks do the heavy lifting." This thought led me to start pondering my mortality. None of us likes to think that we are losing that extra step that keeps us out front, but such is the case now. That may be what is happening to me. Therefore, I am taking a "time out" to reevaluate my capabilities. This might be tough for some of you younger folks to understand. But life is a series of side trips within the overall journey we call life. If you have known me for more than one day, you are surely well aware of the value that I place on training. Personally and professionally I believe there is a crying need for life-long learning and practice. It is because of this that I would like to share with you the fact that there are things in my firefighting world that I am phasing out of my operational inventory. Owing to facts of training shortfalls and advancing age, I am in the midst of altering the way in which I perform certain aspects of my work here in Adelphia. It is because I do not want to put my buddies at risk. I am looking at my ability to be an active firefighter. It just might be that I have no desire to become an LODD. It might also be that I don't want to hurt my buddies. This is a tough call. Firefighting has been such an important part of my life for so long that coming face-to-face with my mortality is tough. However, this sort of thing comes to us all. Don't think that I am going to totally chill out. I am going to base my work on the four decades of experience I have gathered in a variety of venues. I can still teach and I can still share. As a matter of fact, what I will also continue to do is bust the chops of people who pay lip service to training. Of course, if I can get my butt back in shape, who knows. Just remember the story of the man in Massachusetts who almost lost his legs doing something for which he had not been trained. If you think that structural firefighting without proper training is safer than operating a crane without proper training, then maybe you need to have your head examined. That's my view, and I could be wrong. hftp://www.harrycarter. com/commentary.php Sunriver Fire Department Training Facility White Paper Contact Information Contact Us Agency Name: Sunriver Fire Department Address: PO Box 2108 Sunriver, OR 97707 Email: ahatch@sunriversd.org Tel: (541) 593-8622 Fax: (541) 593-2768