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HomeMy WebLinkAbout2010-06-07 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 MONDAY, JUNE 7, 2010 ___________________________ Present were Commissioners Dennis R. Luke, Alan Unger and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, Mark Pilliod, County Counsel; Tom Anderson and Cynthia Smidt, Community Development; Debbie Legg, Personnel; Larry Huhn, Fire Chief; and four other citizens (Scott Cooper, Jim Schell, Noah Kirschbaum and Cindy Pasko of the Partnership to End Poverty). No representatives of the media were in attendance. Chair Luke opened the meeting at 1:30 p.m. 1. CONVENED AS THE GOVERNING BODY OF THE 911 COUNTY SERVICE DISTRICT Report from the 911 Executive Board regarding governance restructuring recommendations. Larry Huhn explained that there is some interest in restructuring how the 911 Executive Board works. The current intergovernmental agreement contains some information on the day-to-day operations that should be revisited. The County could take over the day-to-day general operations and personnel issues, and the interface with user agencies would be overseen by the E-Board. He believes that the management of 911 needs more stability. Commissioner Baney stated that there could be a need for the E-Board to at least remain as an advisory group. Commissioner Unger expressed concern about what happens when there is a bond election and it fails. Commissioner Luke asked if there is additional liability to the County if the County takes over the day-to-day operations. Mark Pilliod said that he does not think it changes the circumstances. The County already provides significant assistance. There would remain a clear distinction and separation. Minutes of Board of Commissioners’ Work Session Monday, June 7, 2010 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Monday, June 7, 2010 Page 2 of 7 Pages Dave Kanner explained that over the years, a lot of decisions were forced down to the line supervisors, who were not equipped to handle this. That is why many of the policies that should have been redone long ago, but time and workload did not allow for this. Mr. Huhn stated that as Fire Chief, this has impacted his work. It is awkward because most of the E-Board report to city managers and city councils. Most citizens do not have a lot of first-hand knowledge about how 911 is overseen. A draft agreement should be done by the June 15 E-Board meeting. The user agencies do not have to approve it by law, but it would be wise to have the support of all involved. The Commissioners asked that this work go forward. 2. Project Connect Insurance. Erik Kropp explained that the County has been asked to cover the insurance cost for Project Connect’s September event. Basically, no insurance is available for the event. County would have to put on the event and assume the risk. If the risk is accepted, they will not be able to manage, insure or transfer the risk. The self-insurance fund would have to apply. The tort claim limit would apply and the cap has gone up to $1,067,000. There have been several cases in Oregon when the tort claim limit did not apply. Exposure is undetermined at this point. Project Connect is a tri-county program. Commissioner Luke stated that Representative Whisnant has been contacted to find out if the State will help out in this regard. No response has been received at this time. Scott Cooper stated that they cannot get a quote. They are concerned about the risk as well. Over 200 events of this type have occurred in various places and all were covered. He added that most of the participating groups cannot afford the cost of additional insured. Commissioner Baney said that this backs the County into a corner. If it is a true partnership, this is awkward. The County is self-insured. Mr. Kropp said there is general liability and workers compensation, and the departments are charged to build these up. There is an excess cost policy for anything over $1 million. Minutes of Board of Commissioners’ Work Session Monday, June 7, 2010 Page 3 of 7 Pages Mr. Kropp said that this is a challenge for all nonprofits. Ms. Pasko stated that this group is the nonprofits together that are involved in this function. Mr. Cooper said the mainline insurance companies are refusing to insure, so they need to approach a self-insured entity for help. Commissioner Baney asked if an umbrella policy can be obtained. Mr. Cooper replied that it would greatly reduce the number of participants that would be able to attend. Jim Schell said they would continue to make a commitment but need to have an answer quickly. Commissioner Luke said that if there is an umbrella policy that covers over a certain amount, the County may be able to help in some way. Mr. Cooper stated that the underwriters want to know what the County would do first. Mr. Kropp said that basically it would be a County risk. Mr. Cooper stated that these events are not happening nationwide, as they should because of the insurance costs. Cindy Pasko said that the medical component is already covered by the State. Other costs are not covered by the State. Commissioner Baney stated that now that it has come to the County, it is awkward because the County is being asked to bear this burden, but it involves County funds that belong to all citizens. The County does a lot for nonprofits, and is supportive of what they do. Mr. Cooper appreciates that this is a difficult situation, and the legislature may become involved to come up with a good solution, but it is down to the wire and nothing better has come about. Mr. Kropp stated that if the nonprofits have insurance and add the County as insured, the cost goes down dramatically. Ms. Pasko said that if they declare the event, they may not be able to add the County. Mr. Kanner stated that not all claims have a limit. The real concern is bringing together kids, animals, people with substance abuse issues, and others. There is exposure from all kinds of things in this type of event. Ms. Pasko stated that the percentages are no greater than in the general public. All guests sign a release of liability. Nationally, juries can go either way. The volunteers sign releases as well. There is some backup available. There is professional security and at least ten mental health professionals and trained personnel present. Commissioner Unger said that he wants the County to be supportive. He feels that the County can stand with them and go to the legislature. He wants the County to take this risk. There has not been a problem in the past. Minutes of Board of Commissioners’ Work Session Monday, June 7, 2010 Page 4 of 7 Pages Commissioner Baney said for the record that the Board has been advised not to go this direction. She asked for the group to have the County named additional insured through their participating nonprofits. This will be for one year only; next year’s has to be structured differently. Commissioner Luke is not supportive, as he feels this leaves the County with the entire burden, and the other agencies are not helping as they should. He would like to wait until to July 1 to see if other entities will help. BANEY: Move that the County assume the liability for the September 18 Project Connect event, and request Project Connect staff secure as many additional insured policies through the participating nonprofit agencies as possible. Volunteers need to be tied to a specific nonprofit. UNGER: Second. The Commissioners did not vote at this time, in order to allow time to find out if other entities, such as the cities, will participate in some fashion. This will be addressed further at the next work session. 3. Draft Policy Updates: Policy BLDG-5: County Facilities Use Mr. Kropp said that the changes clarify what is currently being practiced, especially the users who are nonprofit agencies per IRS Code. Political and religious organizations do not qualify. BANEY: Mover approval of County Administrator’s signature of the policy. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 4. Policy HR-16: Non-Represented Employees Time Management Leave Program. Mr. Kropp stated that this change would allow non-represented employees to sell back up to 80 hours of time management leave a year. Also, if an employee has sick bank time on the books, they can cash this out at 50% but if this policy is adopted, it would go into a vault and would have no cash value upon termination. Minutes of Board of Commissioners’ Work Session Monday, June 7, 2010 Page 5 of 7 Pages BANEY: Mover approval of County Administrator’s signature of the policy. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 5. Draft Proposed Policies: BLDG-7: Leasing County Land for Communications Facilities. Mr. Kropp stated that this policy clarifies how leases for communications facilities on County-owned property would be handled. Item #8 will be excluded from the final draft. BANEY: Mover approval of County Administrator’s signature of the policy, with item #8 being deleted. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 6. BLDG-8: County Facilities Lease Policy. Mr. Kropp said this clarifies the long-term lease of County properties, to clarify current practice. BANEY: Mover approval of County Administrator’s signature of the policy. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. 7. Executive Session, under ORS 192.660(2)(h) - Litigation Update. Mark Pilliod, Chris Bell and Steve Griffin joined the meeting at this time, for a litigation update. The Board went into executive session under ORS 192.660(2(h), Pending or Threatened Litigation, at 2:55 p.m. The session ended at 3:45 p.m. Minutes of Board of Commissioners’ Work Session Monday, June 7, 2010 Page 6 of 7 Pages 8. Other Items. In regard to Order No. 2010-032, Initiating Review of the Hearings Officer’s Decision on File #CU-10-2 (Applicant: Anderson), discussed at the morning business meeting, the Board took the following action. BANEY: Mover approval of Order No 2010-032. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes no. (Split vote.) __________________________________________ Tom Anderson said that there have been threats of code violation proceedings against the business at Deschutes Junction. If the business opens and ignores the code enforcement case, he wants guidance on how to proceed. If that occurred, a citation would be issued, and after three citations, an injunctive release would be sought. Commissioner Luke asked about the current zoning. He thought that the zoning that was in place for the Funny Farm moved with them across the road. The color of the building, bright pink, could be triggered by landscape management zone rules. Usually that would be a part of a land use application. __________________________________________ Mr. Kanner said that a memo on the “Oregon Advantage” from BendBroadband is being circulated, asking for Board comments before the deadline. __________________________________________ Per Mr. Kanner, the La Pine FQHC has repaid their loan with interest, nearly $27,000. __________________________________________ Dave Inbody, Ronda Connor and Mr. Kanner are doing site inspections later this week of some on-site employee health clinics. __________________________________________ Regarding the Bethlehem Inn, it appears that they want to do the fundraising event now, after giving negative comments to the local newspaper. Commissioner Luke wants to see their board come to agreement and advise the Board in person of their plans.