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2008-139-Minutes for Meeting October 15,2007 Recorded 3/13/2008DESCHUTES COUNTY OFFICIAL RECORDS CJ 20-139 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 03/13/2008 08;56;56 AM IIIIIII 1111111111111111111 II III 2008-135 Do not remove this page from original document. Deschutes County Clerk Certificate Page 1 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 ADeschutes 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, OCTOBER 15, 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; David Inbody, Assistant to the Administrator; Joe Studer, County Forester; Anna Johnson, Communications Coordinator; Susan Ross and Teresa Rozic, Property and Facilities; Scott Johnson, Mental Health; Sheriff Larry Blanton; and Gena Goodman-Campbell, Wilderness Coordinator for the Oregon Natural Desert Association One other citizen was present, and no representatives of the media attended. The meeting began at 1: 30 p.m. 1. Forester Update. Joe Studer distributed a memorandum regarding Community Fire Plan #7. He said fire season often sees more than 40,000 people recreating in Deschutes County, and treating the fuels around those sites greatly enhances the chance of being successful in the event of a wildland fire and potential evacuation. The final draft should be ready soon and placed on the County website for comment for thirty days. This final plan brings the whole group of plans together. COCC and Oregon State University put the contract together. There is a low- income grant available, but only about thirty-five people have signed up. Work is still being done to determine the types of fuels present. There is funding available for about 100. The sites are scattered, with most being in the Deschutes River Woods area and La Pine. Mr. Studer said that the next project is to address pine beetle infestation areas. Sunriver alone has removed about 250 trees. This is a cyclical problem and a lot of lodgepole pine will be lost, increasing wildland fire risk. The Forest Service is being encouraged not to place cut wood anymore; it needs either to be removed, covered with plastic or burned since the beetles live in it. Minutes of Administrative Work Session Monday, October 15, 2007 Page 1 of 6 There are many stressed trees at this time due to drought conditions, which makes the trees more vulnerable to the beetle. He said he is also working with Community Development on Code to prohibit removing greater than 50 cubic yards of material from riparian or wetland areas. 2. Discussion of Title III Funding Options. Mr. Stutler stated that the County has benefited from Title III funding for a number of years and will benefit one more year, but after that, it is uncertain. There will be no more funding unless new legislation passes. He reviewed alternative # 1 of his handout. Sheriff Blanton observed that some of the funding is used for search and rescue equipment, but it does have a shelf life. This area has the busiest Search and Rescue group in the State and perhaps in three states. He added that the funds are not provided up-front; they are only given for reimbursement purposes. Mr. Stutler noted that one-third of his salary comes from grants. Under alternative #2, money does come from FEMA but in this situation there is no way he can work with community fire plans and write it off through grant funding. Alternative 3 indicates there are a number of things the Forester could not do. Project Wildfire is cost-effective and should keep going. Commissioner Daly said that Title III dollars have been used to help the Heart of Oregon Corps, and at this time they have no funding, which is distressing. The group then discussed possible options for utilizing whatever grant funds are awarded. The preference seemed to be to retain, as whole as possible, Project Wildfire and Search and Rescue. This will be discussed further in the near future. 3. Update on Solar Energy Legislation. Susan Ross distributed a summary of the rules that are being considered, and the group discussed what kind of buildings and projects will be affected when the rules go into effect in January 2008. Once the draft rules are written, Ms. Ross will distribute them to the Board. Minutes of Administrative Work Session Monday, October 15, 2007 Page 1 of 6 4. Discussion of CORHA/Housing Works Loan Status. Ms. Ross gave a review of the CORHA loan status. There was a $160,000 loan balance; the County had given a $200,000 line of credit. CORHA has not been able to raise the last bit of funds to repay the loan. The Crisis Resolution Center project took the County and St. Charles longer than anticipated, which delayed the CORHA project. In the meantime, their costs went up. The County had agreed to help them with fundraising and seeking grants, but was not able to assist as much as was hoped. Commissioner Daly pointed out that CORHA became involved at the request of the County and he feels that the loan should be written off. Commissioner Baney observed that she does not want to write off a loan but it sounds as if this situation was unavoidable. BANEY: Move that the CORHA/Housing Works loan be written off. DALY: Second. VOTE: BANEY: Yes. LUKE: No. (Split vote.) DALY: Chair votes yes. 5. Project Management Update. Teresa Rozic reviewed the La Pine affordable housing issue. A meeting with the State Review Committee was held and La Pine representatives shard the opinion that there needs to be some education material presented to the La Pine City Council about what affordable housing would look like. Some have doubts about having this type of housing in their community. The presentation would include photos of what has been funded and built in the past. This is to take place on Tuesday, October 23 at 11:00 a.m. in La Pine. Ms. Rozic brought up the issue of the manufactured building that Solid Waste has used for its administration building. She has spoken with nonprofit agencies that might be able to use it, and it is her opinion that the best use would be at the La Pine Community Kitchen facility. They are in the middle of moving a building at Findley Butte and could utilize the structure; they have submitted a proposal in this regard. Minutes of Administrative Work Session Monday, October 15, 2007 Page 2 of 6 She emphasized that Timm Schimke had originally planned to destroy the building. Most of the other agencies do not have land to place the structure. Ms. Ross added that they already have a foundation area and their own land. Commissioner Luke suggested that an advertisement be run, offering it to non- profits, and perhaps finding out if there is a demand from others that could result in a purchase. The funds could then be donated to nonprofits. It will cost about $5,000 to move the building, and it will then need to be remodeled for the new location. Ms. Ross reiterated that Solid Waste did not know what to do with it and offered it to anyone who could take it off their hands. It is worth perhaps a third of the value when it was first purchased by Solid Waste. Commissioner Baney said that there are a lot of nonprofit groups that need help, money and land. She feels that there needs to be a more open process for this issue. Ms. Ross will place an advertisement with specific criteria and will inform the Board of the results. 6. Capital Projects Update. Ms. Ross indicated there was a meeting with representatives of the State Department of Administrative Services last week on the Oregon State Police building project. Their choice has narrowed to two: Deschutes County, and the current landlord. The State is seeking 21,000 square feet with room for expansion. The current lease expires in 2009 and there is a two-year extension available. There are a variety of standards to follow, such as green building, janitorial services and so on. She added that the County is doing a conceptual design; a lot of the homework has already been done. The timeline for building is about March 2010. The entire site is eight acres, which was purchased with the intent of using it for public safety purposes. Scott Johnson said the design work is complementary to the State mental hospital, with two residential treatment program projects, an eight-bed facility and a ten-bed secure facility that will be ultimately handled by private agencies. The County could develop the land for a ten-bed secure project, and lease space to another provider. The property is already zoned for this type of use. Dave Kanner stated that the State will be paying for the building. Ms. Ross clarified that the County will have to build it, but the debt service will pay for it. Minutes of Administrative Work Session Monday, October 15, 2007 Page 3 of 6 Commissioner Baney observed that this could result in the County owning the building and helping to offer a critical service. She said that there is a need and this population must be addressed. Mr. Johnson added that it is just one more was to help those with mental health issues. Ms. Ross will draft a proposal and provide financial and other information for the Commissioners to review. The proposal is due by November 9, to show interest in the project. If selected, the rest will follow. 7. Discussion regarding the Badlands Area. Commissioner Baney had previously met with Gena Goodman-Campbell, Wilderness Coordinator for the Oregon Natural Desert Association. Chair Daly stated that this is a highly sensitive and political issue; he asked what the group wants the Commissioners to do. Ms. Goodman-Campbell replied that they thought Crook County would follow the lead of Deschutes County; however, they have not taken any action. Commissioner Luke said that after the public hearings, he would not count on Crook County handling it the same way. Joe Studer added that wilderness areas present unique problems, especially in regard to wildfire management. If it gets overgrown with juniper, or if there is an insect problem, it won't be possible to go in and thin them out. Commissioner Luke added that if there is a wildfire, it could spill onto private lands. Commissioner Baney observed that the vast majority of opposition came from those who want to operate motorized vehicles on the land. Ms. Goodman- Campbell said that the local landowners say the closure has improved conditions. Chair Daly voiced concern about closing it off completely to senior citizens and the handicapped, and said his vote on this matter would be completely neutral. Ms. Goodman-Campell noted that it was a BLM management decision to close it off. She added that they have been working towards a compromise with other groups and individuals, such as the Scdoris family and Matt Day, who are now on board. There is a lot of support, and in 2005, there were over 15,000 public comments in favor of it. Minutes of Administrative Work Session Monday, October 15, 2007 Page 4 of 6 Commissioner Baney asked if there should be another public hearing. Chair Daly stated that it is a federal call, not Deschutes County's. Commissioner Luke added that the last time the Board could not reach consensus. Ms. Goodman-Campbell asked that they give it some more thought. In the meantime, the Board will take no action. 8. Other Items. Chair Daly then had to leave for another meeting. At 4:05 p.m., the meeting adjourned and moved to a different room to conduct an executive session. DATED this 15th Day of October 2007 for the Deschutes County Board of Commissioners. ATTEST: z ~z ~ & Z~ ichael M. Daly, Chai Recording Secretary Minutes of Administrative Work Session Monday, October 15, 2007 Page 5 of 6 Dennis R. Luke, Vice Chair WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, OCTOBER 15, 2007 1. Forester Update - Joe Stutler 2. Discussion of Title III Funding Options 3. Update on Solar Energy Legislation - Susan Ross 4. Discussion of CORHA/Housing Works Loan Status - Susan Ross 5. Project Management Update - Susan Ross 6. Capital Projects Update - Susan Ross 7. Discussion regarding Badlands - Mike Daly 8. 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) (c), 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. .111 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 alternative formats or for further information. MEMORANDUM DATE: October 15, 2007 TO: Deschutes County BOCC FROM: Joe Stutler, Deschutes County Forester RE: Forester Update (August 15-October 15-2007) Highlights during this period of time include: • Community Fire Plans: We are closing in on #7 which includes Alfalfa, Brothers, Hampton, Milican, Paulina Lakes and the area along Cascade Lakes Highway. Although low numbers exist in permanent populations, on any given summer day we have in excess of 40,000 people recreating in Deschutes County and treating the fuels around these sites greatly enhance our chances of being successful with wildland fire and minimizes our evacuation events. These areas address most of the unprotected lands in the County. We have two more public meetings scheduled and plan a final draft for pubic comment beginning approximately November 1 st. We expect a signing ceremony in early December which totally completes the "planning" effort, what remains is pulling all this information into one Deschutes County document. We will always be updating and tracking accomplishments. It is important to recognize that four of the seven plans were completed using national fire plan grant dollars. • Fremont Canyon Contract: Due to a contractual glitch with the original bidder we are re-advertising and will commence work sometime in December. The work entails 400 acres of fuels treatment on county owned lands. I have worked with legal and risk management on contract language and the RFP package which will go out next Monday. • Low Income Grant: We received a national fire plan grant for $135,000 to treat hazardous fuels on property of low income/disabled citizens. We have approximately 35 eligible at this point and we have been making initial contacts and photographing the properties, we intend to have most of these treated before next fire season. • Project Wildfire: In addition to monthly meetings, we have received and official invitation to attend the Congressional Fire Service Institute Dinner in April, 2008. The attached information provides all the history of CFSI and the Congressional Fire Caucus. In addition to the dinner ( a 2000 person affair) Project Wildfire has been asked to make a formal presentation in the Sam Rayburn Building the morning of the dinner. This is a tremendous opportunity; this will be the first time a wildland fire topic has surfaced at the CFSI. Additionally because of the connection with CFSI, this will greatly assist Project Wildfire for additional grant funding. Congressman Walden is aware of the opportunity and wants to facilitate our visit with addition contacts. Mountain Pine Beetle Infestation: Based on evidence in all parts of South County and Black Butte Ranch I'm reasonably certain that we are seeing the beginning of a Pine Beetle infestation. Sunriver alone has over 250 trees removed this summer and I inspected a property along Spring River that had over 20 trees infected on a 2 acre lot. This will hit the lodgepole pine first and move on the ponderosa pine if drought conditions persist through the winter. This may have a significant impact on "everyone's lands" with mixed conifer vegetation. This may have an affect on Deschutes County Code that prohibits removing greater than 50 cubic yards from riparian/wetlands, I am working with CDD/Planning on code language to address this issue. Joe Stutler Deschutes County Forester R / CFS1 21,o S: Page 1 of 2 20th Annual National Fire & Emergency Services Dinner & Seminars April 2-3 2008 Click Here to Download a PDF Version Schedule Subject to Change "Room i_ocations 1 BA April 2, 2008 3:00 PM - 5:00 PM VOICE OF THE FIRE SERVICE Hilton Washington A unified fire service is essential to advancing our agenda on Capitol H Working together, the national fire service organizations have presente united front in addressing a broad range of issues that benefit our natio firefighters and rescue personnel. To continue our success, we must n our approach of working together. Featuring the top fire service represe on Capitol Hill, this session will highlight key fire service legislation curr being considered by Congress. Following the discussion, the represen will host a reception for the participants to allow opportunities for indivic discussions. April 3, 2008 8:30 AM - 9:20 AM CONGRESSIONAL ROUNDTABLE DISCUSSION Capitol Hill What's the outlook for the fire service's legislative agenda during the 11 Congress? Key members of the Congressional Fire Services Caucus w their assessments on important issues and recommend how the fire se play a key role in advancing these issues. 8:30 AM - 9:20 AM CONTINUING ISSUES IN EMERGENCY COMMUNICATION; Capitol Hill Congress and the Administration continue to address a number of issue directly impact the communication capabilities of first responders. Whil industry continues to provide new communication technologies for first responders, Congress and the Administration must find solutions to prc additional funding to purchase the equipment and provide training, whil clearing spectrum for the new technologies. Leading experts will discus issues and offer their insight on the outlook for additional action by both Congress and the Administration. 9:30 AM -10:20 AM FEDERAL FUNDING FOR AMERICA'S FIRE SERVICE Capitol Hill As Congress and the Administration consider making changes to first responders grant programs, the fire service needs to stay apprised in o understand how potential changes will alter the administration of the pre Featuring federal agency officials involved with the Assistance to Firefic Grant Program and SAFER, the seminar will address important informs about the 2008 grant cycle, including any changes to the guidelines, eli requirements and awards schedule. 9:30 AM - 10:20 AM Capitol Hill http://www.cfsi.org/dinner seminar.asp NIOSH: FIRE FIGHTER FATALITY INVESTIGATION AND PREVEI PROGRAM Each year, approximately 100 firefighters die in the line of duty in the U States. The National Institute of Occupational Safety and Health's Fire 10/12/2007 Congressional Fire Services Institutet So That First Responders Never Stand Alone CFSI Page 2 of 2 Fatality Investigation and Prevention Program (FFFIPP) conducts inves of firefighter line-of-duty deaths to formulate recommendations for prev, future deaths and injuries. NIOSH representatives will discuss how the is attempting to reduce firefighter fatalities through its investigative wort 10:30 AM -11:50 AM DHS 5 YEARS LATER: WHERE ARE WE NOW? Capitol Hill The Department of Homeland Security was established in 2003 to reali disparate missions of various government agencies into a single depart with the primary mission of protecting our homeland. Since its inceptioi department has gone through a number of structural changes. This se provide an overview of the latest reorganization, the current role of the service within the department, and the future outlook of homeland secu nation. 10:30 AM-11:20 AM FIRE SERVICE BASED EMS ADVOCATES Capitol Hill The issues surrounding emergency medical services (EMS) are compli and have generated considerable attention on both ends of Pennsylvar Avenue, especially following the tragic events of September 11 th and I- Katrina. To ensure that Congress and the Administration more thoroug understand the integral role of fire service-based EMS, the nation's lea( and emergency services organizations established a coalition of Fire S1 Based EMS Advocates. Its mission is to add clarity to national policy discussions regarding EMS issues. Leaders of the coalition will discus: work of the coalition and the message it is advocating to our elected le< 12:00 PM -1:20 PM FEMA & THE U.S. FIRE ADMINISTRATION: WORKING FOR A S. AMERICA Capitol Hill Following Hurricane Katrina, Congress approved comprehensive reforr transferred preparedness responsibilities back to the Federal Emergent Management Agency. Leading FEMA officials will discuss FEMA's reorganization, the steps the federal government is taking to improve o preparedness and response capabilities, and the role of the United Sta Administration in the recently reorganized FEMA. 11:30 AM - 12:20 PM ENHANCING FIRE PREVENTION, EDUCATION, AND BUILDING THROUGH NATIONAL PUBLIC POLICY Capitol Hill Saving lives starts with prevention and education. The seminar will cov, national public policy issues that will enhance the protection of our com through improved funding and stronger fire prevention and public educ, initiatives. 12:30 PM -1:20 PM The Wildland Urban Interface: LOCAL SOLUTIONS Capitol Hill While urban and rural communities continue to penetrate deeper into & wildlands, the fire service assumes enormous responsibilities to provid( protection against potentially catastrophic fires. Learn how one popular destination has engaged local residence and stakeholders at the local, and national level to address to reduce the threat of large interface fire: 3:00 PM - 4:30 PM "...SO EVERYONE GOES HOME" TOWN HALL MEETING Hilton Washington Recognizing the need to do more to prevent line-of-duty deaths and inj( National Fallen Firefighters Foundation launched a national initiative to prevention to the forefront. This "town hall" meeting will feature an oper discussion about how the fire service can become actively engaged in 1 initiative as well as what the federal government is doing to assist the f< firefighters who become disabled or give their lives in the line of duty. http://www.cfsi.org/dinner seminanasp 10/12/2007 CFSI Page 1 of 3 F, Congressional Fire Services Institute ~C "So ThaTFlrst Responders clever Stand Alone" f,. Q _,2 27"' 1 Events About Contac- F (;FSIJOINS EFFOR F T STRESS IMPORTANCE OF FIRE SERVICE-BASED EMS Sign 13p The Congressional Fire Services Institute (CFSI) is one of five national fire service organizations that have formed the Fire Service-Based EMS House Urges Department of Justice Advocates, a coalition seeking to educate policy makers at the local, state and to Expedite Hometown Heroes federal level about the important role of fire service-based EMS in local Claims-, Doubles Funding for Staff communities. To draw greater awareness to the issue, three highly Processing Claims distinguished EMS physicians recently released a report titled, Prehospital 911 Read more here. . Emergency Medical Response: The Role of the United States Fire Service in Delivery and Coordination (click here to download report). CFSI will provide Congress Prepares to Consider DHS copies of the report to federal lawmakers and Administration officials as part of Appropriations Conference Report their efforts to help policy makers in Washington, DC better understand how upon Return from August Recess they can address the needs of fire service-based EMS in this country. The Read more here. coalition also produced a video, "Fire Service-Based EMS: The Right Response to complement the white paper. To order a copy of the video, For past alerts click here contact CFSI at update@cfsi.org. To view the press release click here. Subscribe to Our Newsletter and be Entered to Win an Unframed Copy of Protecting Our Nation. Help support your advertisq - as little as SV In order to better serve you and your region, CFSI is now looking to compile a database of all visitors to our website. Please click here to be directed to this AD S Congressional Fire Training Day form. We ask that you please fill it out completely as it is a very short form. The AVAIL Where: MFRI data that you submit is strictly for the use of CFSI and will not be distributed to When: November 2, 2007 other companies. Please take a couple of minutes and help out! Once you Congressional Staff Only have submitted your information, you will be entered into a monthly drawing for Call (202) ; an unframed copy of, "Protecting Our Nation." Speak witf 20th Annual National Fire & Emergency Services Dinner & Do You Want to Help CFSI? Raise Mor Seminars Fire D. Where: Washington DC The best way to help CFSI would be to support CFSI. CFSI is a non-profit, non- When: April 2 & 3 2008 partisan policy institute located on Capitol Hill. Our mission is to educate Tickets Available Soon members of Congress on issues facing fire and emergency services. To show your support for our organization there are a couple of things you can do. The first would be to sign up for the newly created Associates Club and the second would be stopping by our online store and purchasing CFSI branded With 7 merchandise. ! Flamele: CLICI FDIC Indianapolis, Indiana April 7-12 http://www.cfsi.org/ 10/12/2007 CV SI - Congressional Fire Caucus Congressional Fire Services Caucus Page 1 of 3 The Congressional Fire Services Caucus is the largest caucus in Congress with over 340 members. Founded by Congressman Curt ~ 1987, the Caucus unites Republicans and Democrats in support of fire service legislation that benefit all first responders. Becoming a ml not require taking positions on legislation; rather Caucus members are asked to pledge support in a way that best benefits fire departme respective Congressional Districts. To preserve the bipartisan spirit of the Caucus, the chairmanship rotates every two years between Republican and Democratic member: chairmen include Senator Joseph Biden (DE), Senator John McCain (AZ), Senator Paul Sarbanes (MD), Senator Willaim V. Roth, Jr-(DE Congressmen Weldon (PA), Steny Hoyer (MD), Sherwood Boehlert (NY) and Robert Andrews (NJ) For information about a caucus leader, click a name below to activate his official webpage. If you want to know if your member serves of Caucus, refer to the caucus directory. If your member is not on the list, please encourage him/her to join, and to support fire service legit refer to the sample letter included on the CFSI web site for suggestions on writing your member's office regarding caucus membership a important fire service legislation. r~ Founder Congressman Curt Weldon (R-PA) (ret.) Co-Chair Co-Chair Co-Chair Co-Chair Senator Senator Senator Senator Joseph Biden (D-DE) John McCain (R-AR) Christopher Dodd (D-CT) Susan Collins (R http://www.cfsi.org/caucus.asp 10/12/2007 Congressional Fire Services InstituteC "So That Fret Responders Never Stand Alone" T CFSI - Congressional Fire Caucus Co-Chair Co-Chair Co-Chair Congressman Congresswoman Congressman Steny Hoyer (D-MD) Jo Ann Emerson (R-MO) Rob Andrews (D-NJ) Now Online: CLICK FOR COMPLETE STATE-BY-STATE CAUCUS DIRECTORY Page 2 of 3 Co-Chair Congressma Peter King (R-l' http://www.cfsi.org/caucus.asp 10/12/2007 Lane County Board of Commissioners Bill Dwyer Bill Fleenor Bobby Green, Sr. Peter Sorenson Faye Hills Stewart September 24, 2007 WD be/fs/07045/T Deschutes County Mike Daly, Chair 1300 NW Wall Street Bend, OR 97701 Dear Chair Mike Daly: The 110th Congress is accelerating efforts to accomplish its legislative agenda before the calendar year expires. The federal fiscal year ends in less than a week and most of the appropriations bills have yet to be reconciled through conference committee; target adjournment dates have slipped from October into November and possibly December. Through the efforts of Oregon's Congressional delegation and the resources you have provided to secure additional advocacy support in Washington, D.C., our push to achieve a multi-year extension of the county payments program is fully engaged. Prior to the August recess, with the help of Cassidy & Associates and staff of the House Natural Resources Committee, Rep. DeFazio introduced and took to hearing HR 3058, a companion bill to the Wyden-Baucus- Bingaman-Feinstein-Reid package that received 74 aye votes on the floor of the U.S. Senate last spring. That bill received notice of markup recently and is expected to be voted out of committee in the near term. Much of that momentum was generated by your commitment and the National Coalition's fly-in that some of you attended in mid-September. Once HR 3058 goes to the House floor, the salient elements of the proposal can be packaged with other priority legislation and conveyed to the Senate for adoption or conference. Those next steps are crucial in order to have a multi-year package ready for final passage and sent to the White House before 2007 ends. Lane County, in conjunction with our cost-sharing partners, will continue to pursue resolution of this issue with our best resources on the ground. The short-term is a multi-year extension that contains the best possible outcome for Oregon counties and schools. Long term, the efforts remains focused on a post-reauthorization, durable solution. The retainer with Cassidy & Associates through the end of 2007 is necessary in order to ensure that your harness grassroots advocacy and interests reach Congressional leadership in a timely and effective manner. Once again, we ask you to consider participating in the coalition of 11 Oregon Counties that are willing to share in this investment. Based on a proportionate share, your contribution this PUBLIC SERVICE BUILDING / 125 EAST 8TH AVENUE / EUGENE, OR 97401 / (541) 682-4203 / FAX (541) 682-4616 Page 2 - Letter re: Coalition Participation WD be/fs/07045/T quarter would be $528.00. Remittance can be sent to Lane County, c/o County Administration, 125 E. 8th Avenue, Eugene, OR. 97401. Your contribution enables Lane County to keep C&A's expertise and access focused on this issue. Please call Tony Bieda, IGR Manager at 541.912.8419 if you have questions. Regards, 4 -;y jt:-~ Faye Stewart, Chair Lane County Board of Commissioners Title III Options History: Deschutes County has received both Title II and Title III dollars for approximately five years since the Secure Funding Legislation passed. Recently a one- year extension gave the counties an additional allocation to buy time which will allow counties additional time to identify alternative funding strategies for not only Title II and III projects but the road maintenance funds. Congress is looking at alternative legislative measures which would replace previous payments based on timber sale receipts but that outcome in both unpredictable and may be several years before counties see results. Traditionally Title II and Title III funding has been appropriated on a 70%-30% split respectively. For 2007 the Deschutes County BOCC reversed the percentage spread and the total amount available for Title III is approximately $765,000. In previous years Title III received approximately $250,000 annually which was allocated to the following recipients: • Deschutes County Sheriff • Deschutes County Forester • Project Wildfire • Heart of Oregon • High Desert Museum • Glades Meadow restoration project. • Edgington Road District • Nature Conservancy • Wolf Tree Education Foundation • Other education/natural resource initiatives. Title III dollars can only be spent in specific areas as per the legislation: • Emergency services on public lands, i.e. Search and Rescue and materials. • Costs for supervising mandatory community service work on public lands. • Easements for access or conservation. • Forest related education. • Fire prevention and planning. • Community Forestry. Alternatives and Strategy: The only thing certain is that the extension of the funding will be the last Deschutes County will see until Congress passes new legislation. The timing and funding amounts is unknown, consequently impossible to predict. Based on the available information there are three viable alternatives to consider: Alternative 1: Continue with existing process allocating approximately $250,000 annually to qualifying applicants. This would give Deschutes County approximately three years before Title III funding is exhausted. Alternative 2: Fund the Deschutes County Sheriff, @ $75,000, the County Forester @ $75,000 and Project Wildfire @ $40,000 annually which will give Deschutes County approximately four years before Title III funding is exhausted. Alternative 3: Fund the Deschutes County Sheriff, @ $50,000, the County Forester @ $50,000 and Project Wildfire @ $25,000 annually which will give Deschutes County approximately five years before Title III funding is exhausted. Preferred Alternative is 2: Keeping the funding at the identified levels will allow the Sheriff's Department, Forester and Project Wildfire to operate at "sufficient levels." Both the Forester and Project Wildfire have other grant dollars to supplement the programs but can not operate with grant funding alone. Project Wildfire has brought in excess of $1.5 million dollars to Deschutes County thru grant writing efforts we must maintain this as a viable program because of the success of the program and our interagency commitments. Having a stable budget for at least four years is an added advantage from a planning advantage. The other two alternatives either will not extend Title III funding for a sufficient time period or in the case of Alternative 3, those dollars amounts for the Sheriff Department or Forester will result in significantly reduced services and reduce flexibility to utilize grant funding opportunities. The consequences of this alternative versus Alternative #1 is programs such as Heart of Oregon and other worthy endeavors will have to seek alternative funding sources. This will not be a popular decision but at this point with funding potentially going away, we simply must take care of existing programs within County government. Project Wildfire is an anomaly in that the program was created and still currently managed by County ordinance Choosing Alternative 2 will allow Deschutes County sufficient time to develop funding strategies if in fact Title III dollars or other funding schemes completely end. EXHIBIT D-3 OFFER NARRATIVE Project: Bend Oregon State Police October 10, 2007 Organize information in your offer along the requirements stated in this Announcement. Make sure that the following information or attachments are included in your offer: 1. Location of Property: Attach a legal description of the property and a plat map, and discuss the characteristics of the site, including the governments' land use plan as it relates to this property. Indicate suspected presence or absence of underground contaminants or unsafe site conditions. 2. Building: Provide a site plan and discuss the space configuration with drawings to show how the space requirements of the Announcement will be met and how the interior space may be utilized. Discuss the absence/presence of asbestos, including plans for abatement if asbestos is present. 3. Parking: Discuss how you will meet the parking requirement. Show the lay out of parking spaces on the site plan as well other parking areas intended for the State's use. 4. Discuss plans for ingress and egress to the site. Indicate the access to major streets and highways. 5. Discuss any known issues regarding land use plans or local government or local neighborhood concerns relative to the proposed use. 6. Ownership: State if it is fee simple, purchase option, or other. Attach a title report if available. try 7. Confirm that the facility being offered meets or will meet the handicapped accessibility and C usability requirements of the Oregon Building Code, Oregon Revised Statutes for disabled parking ' ) (ORS 447.233), and ADA in accordance with ADAAG. 8. Discuss the building system characteristics including HVAC, energy efficiency features, lighting q~b} systems, number of phone lines currently available to the proposed leaseable premises and telecommunications capability as discussed in this Announcement and any other relevant phone and data issues. 9. Discuss any anticipated tenant improvement work to meet the requirements of this Announcem nt including the general space requirements provided in Exhibit A, making clear in the narrative ; any cost implications, that it will be completed by and at the sole expense of the offeror and that providing all the facility requirements is part of the lease rate as quoted in Exhibit C-2. , 10. Discuss any amenities in or near the facility such as common/shared lunchroom, conference rooms, etc. 11. Describe structural design, addressing seismic concerns which may be subject to further inquiry by the State. ("tt f''-,L_.. 12. Regarding conditions of lease agreement, terms the State is requesting (i.e., non-appropriation' clause, full service, etc.), if you have serious concerns or objections to any of the provisions of this Announcement or the provisions of the State's standard lease language as given in the attached sample lease, state clearly those concerns or objections including the degree of seriousness of the objection. If any of them are considered "deal breakers," say so; the State may not be able to accommodate such objections or may be very limited in such accommodation. 13. Discuss base year costs of utilities and property taxes and the basis by which they were determined. G 14. State whether or not you will be able to meet the timeline required for the desired occupancy date. Z, ri 15. Discuss the availability of expansion space. to f lZ_ a C a VLA PA wrt o SUMMARY OF RULES UNDER CONSIDERATION l ~ C 0 t. HB 2620 1.5% SOLAR IN PUBLIC BUILDINGS 1. Establish rules to clarify which public building projects must spend an amount equal to 1.5% of a public improvement contract on solar energy technology. - Define "Public building" to mean a building that is owned or controlled by a public body, including but not limited to state agencies, universities, community colleges, local government, school districts, and education service districts; used for conducting public business, meaning that the public has regular access to the building; or occupied by employees of a public body on a regular basis for a significant portion of their work. Define eligible public building projects as new capital construction projects costing $500,000 or more, and major renovations exceeding $500,000 and 50% of the insured value of the building. Solar energy technology installed on sites or buildings other than the building to which the public improvement contract applies shall not be included in determining whether 1.5% of the public improvement contract has been spent on solar energy technology. 2. Establish rules to determine how much 1.5% of the public improvement contract that must be spent on solar energy technology in the public building. - For buildings which must comply with the requirements of the State Energy Efficient Design (SEED) program authorized under ORS 276.900 to 276.915, public bodies may use the capital construction costs reported under that program to determine how much must be spent on solar energy technology. - For other buildings, public bodies shall use direct construction costs, including but not limited to architect fees, engineering services, materials, subcontracts, permit fees, and project management to determine how much must be spent on solar energy technology. It does not include land acquisition and land clearing, legal fees, advertising. - Federal funds may be excluded from capital construction costs in determining how much must be spent on solar energy technology. 3. Establish technical criteria for eligible solar energy technology, including but not limited to the following. - Solar electric (photovoltaic), solar hot water, and active solar space heating systems must meet the requirements of the Business Energy Tax Credit (BETC) program, have a Total Solar Resource Fraction (TSRF) of 50% or greater, be installed by a Oregon Dept. of Energy Tax Credit Certified Technician, and provide a two-year warranty covering all parts and labor. Additional technical requirements may be considered. f - Passive solar design must reduce the building's energy use by 20% or more as demonstrated with whole building energy modeling and be certified by a professional engineer. - Daylighting systems must reduce the building's energy use by 20% or more as demonstrated with whole building energy modeling, be certified by a professional engineer or a professional lighting designer, and be commissioned to ensure design intent is met and the system is functioning as designed. - Wind, biomass, hydro, geothermal, and any other "indirect" forms of solar energy are not eligible for inclusion as a solar energy technology. 4. Define equipment and other costs eligible to be included in determining whether 1.5% of the public improvement contract has been spent on solar energy technology, including but not limited to the following. - Eligible costs of photovoltaic systems include the design, modules, mounting structure and hardware, associated electrical equipment, labor and system commissioning. - Eligible costs of building integrated photovoltaic (bipv) systems include the costs listed for photovoltaic systems plus the incremental cost of conventional building materials that must be modified or replaced to accommodate the installation of the bipv system components. - Eligible costs of solar water heating systems include the solar panels, mounting structure and hardware, associated plumbing and controls, labor, and system commissioning. - Eligible costs of active solar space heating systems include the solar panels, mounting structure and hardware, associated plumbing and controls, labor, and commissioning. Heat distribution systems, such as ductwork or radiant floors, will only qualify if they do not receive energy from any source other than the solar energy system. - Eligible costs of passive solar design include the design costs and any materials and labor costs that can be directly and uniquely attributed to the passive solar system, such as thermal mass and shading controls; it will generally not include glazing materials. Because of integration of passive design with the structure and the complexity of isolating costs, the Department is considering a simpler approach of deeming passive solar design that meets the technical requirements above as meeting 0.5% of the 1.5% of the public improvement contract, and requiring the other I% to be spent on a photovoltaic or solar water heating system. - Eligible costs of a daylighting system include the design costs, automatic controls, light shelves, overhangs, and the incremental cost of windows taller than 7 feet in spaces where automatic controls are present. Because of integration of daylighting with the structure and the complexity of isolating r costs, the Department is considering a simpler approach of deeming daylighting that meets the technical requirements above as meeting 0.75% of the 1.5% of the public improvement contract, and requiring the other 0.75% to be spent on a photovoltaic or solar water heating system. 5. Establish rules for deferral of unspent funds to future building projects. - When an agency determines it is inappropriate to include solar in the building, 1.5% of the eligible costs of the building designated as inappropriate shall be included in a future building project, in addition to the 1.5% otherwise required for the inclusion of solar energy technology in the future building project. This provision does not apply to a public improvement contract for which no state funds are directly or indirectly used. - Clarify that funds may not be used on another building or site for which a public improvement contract greater than the amount specified above has been issued. 6. Establish rules for alternative financing of solar energy systems, such as a lease- purchase agreement, power purchase agreement or energy savings performance contract, to ensure that an amount equal to at least 1.5% of the public improvement contract has been spent on solar energy technology. - Costs shall be documentable as meeting or exceeding 1.5 percent of the capital construction costs of the project. - The solar energy system must be permanently affixed to a site or building under the control of the contracting agency. - Minimum term of agreement shall be ten years. - Purchase of green tags are not an eligible expense under this program. 7. Establish rules for agencies to determine whether inclusion of solar energy technology in an eligible public building project is inappropriate. An agency may determine a solar technology is inappropriate for a building if it meets one of the following criteria. - The building is listed on the National Register of Historic Places or eligible for listing, and the solar installation would be visually disruptive to the historic character. - The energy load in the building is less than the energy that a solar energy system sized to meet 1.5% of the direct construction costs would provide. - There is no or low solar access to the site. - There is no or low surface area for a solar collector, and there is little or no opportunity to use passive solar technology such as daylighting. - Net metering with the electric utility is not available on the site, and there is little or no opportunity to use passive solar technology such as daylighting. - There are restrictions on funding, such as disaster relief. - It would create security conflicts or issues. - The elected official(s) responsible have determined that inclusion of solar energy technology doesn't meet agency goals or policies. 8. Establish procedures for agencies to report compliance with the provisions of the bill and these administrative rules. - Reporting should be done in a format specified by the Oregon Dept. of Energy. - Reporting should be done at the time construction is completed and the building is occupied. - Information to be reported shall include, but not be limited to, agency name, building name, building size and location, building use, cost of the building, eligible costs to determine how much 1.5% is equal to, a description of the solar energy technology or technologies used (or description of why inclusion of solar energy technology was determined to be inappropriate), estimated energy savings, the costs of the solar energy systems installed, financing incentives obtained, and cost-effectiveness. - Reporting of project costs should be consistent with costs reported under SEED or BETC. For other projects, agency must certify that costs are based upon CPA certification of eligible costs according to BETC rules.