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2008-128-Minutes for Meeting December 05,2007 Recorded 3/13/2008COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2008.128 COMMISSIONERS' JOURNAL 11051.,111..,,.101101010200 03/13/2008 08:44:51 AM 2008-128 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244- Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , too 0 { 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, DECEMBER 5, 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; David Inbody, Assistant to the Administrator; and, for a portion of the meeting, Mark Pilliod, Legal Counsel; Timm Schimke, Solid Waste Department; Anna Johnson, Communications; a representative of KOHD TV and Patrick Cliff of The Bulletin; four other citizens; and, by conference call, Bill Hanka and Sean Morgan of the Ferguson Group. Chair Daly opened the meeting at 1: 30 p. m. 1. Conference Call with Ferguson Group. Commissioner Luke asked Bill Hanka if the County payments bill is moving through. Mr. Hanka stated that Senator Wyden included a four-year extension of the rural schools bill with the comprehensive energy bill. The House whip office is still waiting for final language. It should be considered this week. It is felt this bill will be enacted before the end of the year. He added that there has to be an offset in this situation. Commissioner Baney said she met a Ferguson Group representative and was impressed. She has asked for updates and conference calls throughout the year, however. She appreciates the information being sent to the Board but is concerned about the money spent on a federal lobbyist and the action that occurs outside of the information being shared. She wants to hear about the meetings and contacts they make. Mr. Hanka explained that they represent almost exclusively local governments in 27 states. This question is not unusual for them. All clients are elected officials and have to justify the expenditure of public funds for this purpose. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page I of 8 Pages In regard to contact with Deschutes County, he said in the four years they have worked with the County they have used regular communications as issues become relevant. If there is breaking news or new information, they will use e- mail or phone. He has always welcomed the idea of regular monthly or bi- monthly conference calls, and can also provide written reports. This has not been requested in the past but they will tailor reporting as the County requests. Commissioner Baney stated that she feels they are good at communicating with the County. Commissioner Luke asked if they have video conferencing capability. Mr. Hanka replied that most of their clients do not, so therefore they don't use this. Mr. Hanka said in response to the justification of hiring his firm, it is clear that the Commissioners do not need his firm to provide access to the Congressional delegation, as the County already has a good relationship with them. However, he feels that his firm is the County's Deschutes County office. They also assist delegation's staff with their requirements. In January, he and others typically meet with County departments to determine priorities, and try to match those up with federal programs or funding. Department staff is working hard on the day- to-day issues and cannot always focus on what is happening in Washington DC. Commissioner Baney stated that there are a lot of needs in the County, and revenue is down so there are some tough decisions to make. $80,000 seems to be a small number but is very big for some of the departments and programs. She asked if there could be an option to work with Mr. Hanka's firm on certain issues rather than have a set contract. Mr. Hanka replied that they want to serve the best way they can and are aware of financial issues, but don't want to lose the County. The firm has guidelines it must follow, and a full-service contract is the current minimum. The new minimum is $10,500 per month, much more than what the County is now paying. They represent four other Oregon counties. Commissioner Luke said the firm interacts a lot with delegation staff and know what it takes to get something ready for an appropriations request. At this point, the group discussed the status of specific Bills. The call ended at 2:00 p.m. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 2 of 8 Pages Commissioner Luke noted that the contract expires the end of the year, and it needs to be processed for the new year. Commissioner Daly said that he has worked with Mr. Hanka, and the firm works with both sides of the aisle, and in the past year alone they have helped the County get $1 million in FEMA funds. It was the first time FEMA had done this type of funding. Also, Crook County and Deschutes County got $500,000 for 19` Street. He added that he realizes is it a team effort that takes all three, the County, the delegation and Ferguson Group. Commissioner Baney stated that she enjoyed working with them and is happy with the information being sent, but thinks $80,000 is too much. She feels that the County could have more contact with the delegation. She thinks that Ferguson keeps the County on the ball by providing information, but doesn't think it is worth that much money. The County can work with delegation staff. Commissioner Luke observed that someone at the County would have to be designated to do that; it is an art and takes a lot of time. The departments are not equipped to deal with the political system. Appropriation requests are very difficult. Someone at the County would have to be paid to do this work. If a firm were hired to handle individual projects, the cost would be at least that much anyway. Tumalo Irrigation District spent a lot more than that on one project. Commissioner Daly agreed. He said that Lane County spent more than that on a single project. Ferguson Group is the County's eyes and ears there. Commissioner Baney said that the County paid $39,000 to the State PAC, and they meet with the County regularly. Commissioner Luke stated that the State lobbyist only has to deal with the legislature every two years. If it was every year, it would cost twice as much, and they don't have to travel as far. When the County looked for a lobbyist, there were a lot of proposals, but the County would have been a small client for most of them. Large firms can't give the service. Ferguson represents local governments and smaller clients and doesn't get involved in the political process. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 3 of 8 Pages He added that if there aren't three votes, he would abstain. He had concerns at first but feels they have done a good job, and have fulfilled all of the commitments and promises. Commissioner Daly added that four years ago he felt the same way. He asked Commissioner Baney, since she is new, to give it a year and see what happens. Commissioner Baney said that she is not convinced that the County can't change the way it does things to garner the same results. She stated that maybe she will have to get into the delegation offices to push specific things. Commissioner Luke said that it is naive to think that way. Committee staff keeps things running and the County has little chance of meeting with them. The County needs people there who can get into the committees and meet regularly. In DC, relationships are everything, and that's how things happen. If something gets into a Bill, the lobbyist has done its job. The contract is reasonable for what they do, and there won't be any savings in the long run. Commissioner Daly added that he feels letting them go is very poor foresight. He said that it will be up to Commissioner Baney to fight for things back in DC; he won't go back there if he doesn't have help getting things done. BANEY: Move that we don't renew the Ferguson Group contract. LUKE: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes no. (Split vote.) 2. Solid Waste Department Update. Timm Schimke discussed an RFP on the demo landfill project. He wants DEQ to look at the documents as well, since they permit the site each ten years and he would like to know their perspective. He applied for a renewal, and so far it has taken a year. The draft permit should be ready for comments in early January. The permit will have a phase II site requirement, which is groundwater assessment; this was not required previously. It is important to deal with the DEQ cleanup division regarding cleanup and remediation. DEQ policy changes and the County needs one voice from them; right now there are mixed messages from different divisions. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 4 of 8 Pages The same thing happened at the South County landfill; the County worked with DEQ cleanup who eventually said there was an impact of less than one in a million chance of pollution; but the solid waste division said it was not acceptable. This took years until there was finally a compromise. This is not a new problem with the various divisions at DEQ. The approach is to gather as much data as possible; what can be used for hog fuel and what needs to be hauled away. This will be put on the street for various developers to use to decide whether they are interested. Mr. Kanner added that the DEQ will determine if any protective measures need to be taken. A lot depends on the eventual use. So far they have indicated that it might be developed with the waste in place. In regard to the new facilities, Mr. Schimke said that the severe windstorm blew the doors off their tracks, and the building had to be closed and traffic redirected to the landfill area. The doors were removed for safety. It appears to be an installation problem; there is a device needed to prevent this type of flex, and it is being corrected. Mr. Schimke stated that Brownrigg is transferring its operation over to Waste Connection, the third largest firm of its kind in the country. This will be addressed at the December 17 Board meeting. 3. Discussion of Community Justice Community Values Survey. Robin Marshall of the Commission on Children & Families is trying to identify gaps in the system; they are developing a needs assessment, including trend data. A survey was conducted in 1998 and they want to do it again to identify what values are now. They will utilize a cross-section of the community, using County employees other than those in law enforcement. Commissioner Luke noted that some questions are either/or, and they really aren't that cut and dried. Ms. Marshall stated that they are the same questions as in 1998 and 2002. They were developed by OSU and the terminology behind it is for the average person. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 5 of 8 Pages She said at some point Ken Hales will share the results. More is known now than in 1998. They want to identify risky behavior and how the community views it. Commissioner Luke said that too many questions are not black and white, and he feels using County employees is not an accurate cross-section. There need to be other working people involved. All have health insurance available and may have a better understanding of the issues than other people may. Commissioner Daly noted that there are different classes of people than in the County. Ms. Marshall stated that this is a beginning. The results will be brought back to the Board, including any others that are surveyed. 4. Other Items. Mr. Kanner said that in January or February the COVA Board should be invited to talk about transient lodging tax. This will have to be referred to the voters by mid-March. There is a sense that some members are concerned about it. Information Technology has presented information about a strategic plan, including e-mail archiving, and want to set up a three-tiered system for this. One tier would be administration, the Board and legal counsel - these would be archived for ten years. The second tier would be department heads, personnel and risk management - these would be archived for five years. Other employee a-mails would be archived for two years. Commissioner Luke noted that a new I.T. director will be hired soon; he asked if this shouldn't wait until then. Mr. Kanner said that it is a policy call, and there is a need to start archiving some of it now. Mr. Kanner stated that the Historical Planner position, which is shared between the City of Bend and the County, has been laid off. It is unknown if the County's portion has already been paid. Commissioner Daly said that the City is replacing the position with one of its own planners, but the Landmarks and Historic Places Commission is a County body. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 6 of 8 Pages The planner was doing work for both, but the City had more work and moved her there under contract. She has been told that she doesn't have any seniority with the City, but she had been assured she would have seniority because of all her years at the County. The City's new Community Development Director said he didn't know about that. Commissioner Luke said that the position cannot be eliminated. Mr. Kanner said that she is a City employee now and there is no intergovernmental agreement in place to handle this situation. Mark Pilliod said that he spoke with the Clackamas County deputy attorney about Measure 49, and he will probably attend the meeting in Salem. A suggestion was made that it would be just as effective to send a message before the close of the hearing. The proposed ruling doesn't state who makes the decision regarding vested interest. The problem with that type of statement is that it rules out the idea of a county making a decision locally. The rule should allow for an opt out or opt in, but would still result in inconsistent decisions. There is a benefit to have the consistency of the State making all of these decisions. The cost of the State making these decisions may be more than having the decision made locally, but fees are not referred to in the Rule at this time. These decisions will be more labor intensive for staff. Mr. Pilliod recommended sending a letter or e-mail to DLCD to support the concept of DLCD making the vesting determinations, but that individual counties can also make them locally, and that the fees be reasonable or no greater than the actual cost of providing services. Commissioner Luke said the County would probably have to either opt in or opt out. Mr. Pilliod said that it would be too hard to send just some of them to the State. Commissioner Luke noted that the City of Bend sends them all to the State, and lets the State dictate local land use planning. Commissioner Daly said that the Board has already made a decision to have these cases get to where they are now, and he doesn't have a problem making a decision at this point either. He feels this is politically motivated and the Board would be shirking its duty in this regard if it was to turn them over to the State. Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 7 of 8 Pages Being no further discussion, the meeting adjourned at 3:25 p.m. DATED this 5th Day of December 2007 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tammy Baney, Commissioner Minutes of Administrative Work Session Wednesday, December 5, 2007 Page 8 of 8 Pages Dennis R. Luke, Vice Chair o -c 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, DECEMBER 5, 2007 1. Conference Call with Ferguson Group 2. Solid Waste Department Update 3. Discussion of Community Justice Community Values Survey 4. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. ,(fyou have questions regardinga meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. THE 171 1 FERGU A GROUPLLC 1130 Conneticut Avenue, NVII Staife :)t}U Alashington, D.C. 200')(; 202.33 "1.85(}() 202,331.1598 fax Deschutes County, Oregon 2007 (FY 2008) Year-end Activity Report The Ferguson Group (TFG) is pleased to submit a year-end activity report for its work in 2007 on behalf of Deschutes County. Deschutes County Fiscal Year 2008 Appropriations Agenda TFG held a conference call on January 22 with County Commissioners and staff to discuss on-going County needs. TFG then assessed the County's needs and recommended projects for federal funding and legislative issues to be followed for the coming year. TFG developed a draft federal legislative agenda that was approved by the County Commissioners. The agenda identified five appropriations projects. These projects were: Proj ect Request 19t Street Extension at $4 million for construction and right of way acquisition Deschutes Junction for the extension of 19'h Street from the City of Redmond to U.S. 97 at Deschutes Junction. 9-1-1 Radio System $1 million to purchase a new Emergency 911 radio system. Family Access Network $425,000 to stabilize and expand an innovative program that provides vital services to families of school age children. Deschutes County Jail $500,000 for project planning and management of a jail expansion. Bethlehem Inn $500,000 for acquisition of an existing property and Homelessness Project facility. Following adoption of the federal agenda by the County Commissioners, TFG worked with County staff to prepare one-page briefing sheets for each project. Additionally, TFG, with the assistance of County staff, completed numerous, detailed appropriations project questionnaires required by the Congressional Delegation and the Appropriations Subcommittees in the Senate and House of Representatives. 1 TFG arranged and participated in meetings in March in Washington, D.C. with Commissioner Daly to present the County's federal agenda to the Oregon Delegation and provide additional details on the appropriations projects. TFG has continued to keep the County informed of developments in the appropriations process in general and in relation to County priorities. On November 13, TFG reported that $500,000 was included in the Transportation- Housing and Urban Development Conference Report for the 19th Street Extension Project. Secure Rural Schools and Community Self-Determination Act TFG has continued to keep the County informed of developments on the reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000. A long- term reauthorization of the program has been elusive despite the extensive efforts of the Oregon Congressional Delegation. Over the past year, TFG has participated in stakeholder briefings and kept the County apprised of the numerous varied proposals to reauthorize the program. These proposals include one year authorizations in emergency supplemental appropriation legislation, long-term reauthorizations proposed to be included in emergency supplementals, and House and Senate proposals with different offsets and alterations from the current funding formula. Noxious Weed Meetings In late February, TFG arranged and participated in Hill meetings with Dan Sherwin, the County's Noxious Weed Program Manager. Mr. Sherwin and TFG met with the House and Senate delegation, appropriations committee staff, and the National Noxious Weed Program Manager at the United States Department of Agriculture to advocate for funds to be appropriated for currently authorized, yet unfunded, noxious weed programs. Each meeting also discussed the importance of the Secure Rural Schools program in providing funds to combat invasive species. FEMA Wildfire Grant Support TFG participated in a meeting between Commissioner Daly and the Federal Emergency Management Agency on March 5 in Washington, D.C. Commissioner Daly stressed the importance of wildland fire prevention in the Northwest. Following the meeting, TFG composed a draft letter of support for the County's FEMA Pre-disaster Mitigation grant application and solicited congressional support. Congressman Walden and Senator Smith sent letters of support for the grant - which was ultimately successful in receiving $1 million. 2 Bend Chamber of Commerce On March 27, TFG met with representatives of the Bend Chamber of Commerce during the Chamber's annual trip to Washington, D.C. At that meeting, TFG provided strategic advice to the Chamber on working with the Department of Labor on an insurance issue that was mired in the Department's bureaucracy. Meeting with Commissioner Daly at the July National Association of Counties Meetin On July 16, TFG met with Commissioner Daly in Richmond at the NACo conference. TFG updated Commissioner Daly on the status of the appropriations requests and the latest developments on the Secure Rural Schools program. Medicaid Rule Change TFG has provided frequent updates on reauthorization of the State Children's Health Insurance Program (SCHIP) in response to inquiries from the Deschutes County Family Access Network. The Administration is in the process of a rulemaking that would make cuts in Medicare to the current school-based reimbursement program for administrative and transportation services - a significant source of funds for the Family Access Network. Several versions of the SCHIP reauthorization bill contain a provision that would prevent the Administration from implementing the proposed rule until either 2008 or 2010 depending on the version of the legislation. Reauthorization of SCHIP is contentious and one version of the reauthorization has been vetoed by President Bush. TFG continues to provide status updates and analysis on the reauthorization as well as possible legislative vehicles that could include the Medicaid rule change moratorium. 3 Solid Waste Update December 5, 2007 Agenda 1. Demolition Landfill project update 2. New Facilities report. 3. Other Community Justice Survey Community "Values" Questionnaire 9/27/07 D-R-A-FT 1. To reduce juvenile crime, would you support Deschutes County spending more money on jails and prisons? a. Yes b. No 2. To reduce juvenile crime, would you spend more money on education, job training and community programs for teen criminals? a. Yes b. No 3. Which one do you support more- spending more money on jails and prisons, or spending more money on education, job training, and community programs for teen criminals? a. Jails, Prisons b. Education, training and other community programs 4. When young people commit non-violent crimes", which punishment do you support more- jail sentences, or alternatives such as paying the victim, community service, work programs, or mediation between victims and offenders? non-violent crimes = burglary or vandalism) a. Jails b. Alternatives 5. When young people commit non-violent crimes'`, do you support required treatment programs, such as drug and alcohol treatment, or anger management classes, as appropriate to each convicted offender? non-violent crimes = burglary or vandalism) • Yes • No 5a. if you learned that such required treatment programs are expensive to taxpayers, would you still support them? • Yes • No 5b. how much would you support them? • A lot • Some • A Little 6. Do you strongly agree (1), somewhat agree (2), somewhat disagree (3), or strongly disagree (4) with the f ollowing statements? (circle top for eadb statenvr below) a. Crimes committed by young people is a major problem in Deschutes County 1 2 3 4 b. The juvenile justice system is effective in getting young people to stop committing ziolent crimes 1 2 3 4 c. The juvenile justice system is effective in getting young people to stop non-vVxnt crimes 1 2 3 4 d. Increasing prevention services for young people in the community before they get in trouble is effective in reducing juvenile crime. 1 2 3 4 7. In your opinion, rank (in order 1-5, 5 being least) the following "risky' behaviors associated with juvenile crime in order from most important to least important:: a. anti-social attitudes, values or beliefs. ("It's ok to steal a candy bar. The store isn't going to go out of business because of it.") 1 2 3 4 5 b. anti-social peers (friends who have anti-social attitudes, values or beliefs, or who have been involved in the juvenile justice system) 1 2 3 4 5 c. alcohol and other drug abuse 1 2 3 4 5 in d. poor family functioning (lack of parental supervision, lack of/ inconsistency expectations, rules and appropriate consequences, etc) 1 2 3 4 5 e. lack of success in school 1 2 3 4 5 8. Research shows that youth who commit a crime at or before the age of 12 have a higher risk of continuing involvement with the justice system, than youth who begin committing crimes after the age of 12. In your opinion, what age group do you feel is the age group to focus juvenile crime prevention services? a. Newborn - 5 b. 6-11 c. 12 -14 d. 15 - 18 9. Deschutes County has a program which allows crime victims to meet with the person who committed the crime. The purpose of the meeting is to let the offender know how their victim was affected by the crime and to work out a repayment plan. A trained mediator is present at these meetings. If you were the victim of a non-violent crime (such as burglary or vandalism), how likely is it that you would want to participate in this program? a. Very likely b. Somewhat likely c. Not very likely d. Not at all