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2008-852-Minutes for Meeting April 30,2008 Recorded 9/17/2008DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK IiJ V J COMMISSIONERS' JOURNAL 09/il/Z008 11;56;10 AM 1111111 I~111111111I1 111 oil 08-85 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 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, APRIL 30, 2008 Present were Commissioners Dennis R. Luke, Tammy Melton and Michael M. Daly. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Tom Anderson, Terri Payne, Dan Haldeman and Peter Russell, Community Development; Tom Blust, Road Department; Laurie Craghead, Legal Counsel; media representative Hillary Borrud of The Bulletin; and approximately ten other citizens. Chair Luke opened the meeting at 1: 30 p. m. 1. Update on Strategy for Bethlehem Inn Fundraising. Cyndy Cook of HousingWorks and Sandra Mears of the Bethlehem Inn came before the Board. Ms. Mears said that the housing climate has changed somewhat, and the focus is now on using the $16 million for housing into a model called "housing first". This is meant to create homeless programs throughout the State. People can go from the street into shelters, and then into permanent, supportive housing. People need to have access points, which are typically jails or hospitals. Several million dollars are needed locally for the purchase of property. There are very few funds available for shelters or permanent housing. It was pointed out that the Bethlehem Inn has to be more than a shelter to apply for funding. There is a need for a shelter, transitional housing, permanent housing and support programs to work together. Susan Ross said that she does not see anything that indicated partnership, fundraising or a willingness to acknowledge the entire situation. Commissioner Melton stated that she is disappointed as she thought HousingWorks would be more involved. Commissioner Daly said he is not disappointed and is ready to put his signature to this. Minutes of Administrative Work Session Wednesday, April 30, 2008 Page 1 of 4 Pages The County is secure because it has the property. He never expected to get paid back, and just wants the CDGB grant to come in. The County has a responsibility to help out. It serves the needs of the community. 2. Update on La Pine Affordable Housing Project. Teresa Rozic said the developer still needs to close the funding gap of about $650,000 total. They have received a notice of the availability of funds from USDA Rural Development. They are working with a qualified bank, and USDA will guarantee the loan. She has met with the local water and sewer boards. The water board will not allow a private well, and the sewer board will not waive hookup fees. She is going forward with staff to pursue development of the infrastructure. 3. Discussion of Benevolent Food Provider Fees. Tom Anderson said that the fees for benevolent food providers have been discounted for many years, but now totals about $4,200 and is difficult for his department to absorb. Commissioner Luke suggested that $10,000 be moved from the general fund to cover this expense. It should come to the Board each year, similar to requests that come to Solid Waste. There was consensus of the Board. 4. Continued Discussion of Transportation SDC Proposal. Tom Blust gave an overview of the issues regarding implementation of an SDC. Tim Knopp of the Central Oregon Builders Association said they will remain neutral if it is phased in and collected at the back end if an option exists. Otherwise they will strongly oppose an SDC as a whole. Commissioner Melton said they will compromise with respect to the timing, as there is never a good time. A brief discussion then occurred regarding timing, and how the SDC could be implemented. Minutes of Administrative Work Session Wednesday, April 30, 2008 Page 2 of 4 Pages 5. Economic Development Grant Request. La Pine Park & Rec (Teen Lounge) - Commissioners Luke and Melton granted $500 each. 6. Discussion of Fair Board Appointments. Mike Maier has asked for a resolution from the Board; at that point he would then step down. He does not believe he needs to. Commissioner Daly noted that his appointment to both the Fair Board and the Budget Committee could be a violation of State law; Commissioner Luke observed that there is no penalty. Mr. Maier could serve out his term on this and the Budget Committee, but it is more important for him to be on the Budget Committee. DALY: Move that Mike Maier be asked to step down from the Fair Board. MELTON: Second. VOTE: MELTON: Yes. DALY: LUKE: 7. Other Items. Yes. Chair votes no. (Split vote.) There was a brief discussion about the Sunriver hearing. The application is only for new provisions in a text amendment creating a zone change for the area. The developer will still have to apply for a zone change; this has little to do with any applications or permits for buildings. Terri Payne noted that the proposed land sale did not go through, necessitation this. All of the owners and people who have commented have been notified, as well as the required notice in the paper. People do not have the right of appeal unless they get on the record. Laurie Craghead said that she does not yet know the scope of the changes. There are lawsuits between the Owners Association and various residents, but this is totally separate from the text amendment. Being no further items before the Board, the meeting adjourned at 4:10 p. m. Minutes of Administrative Work Session Wednesday, April 30, 2008 Page 3 of 4 Pages DATED this 30th Day of April 2008 for the Deschutes County Board of Commissioners. Dennis R. Luke, hair Tammy ( aney) e ton, Vice Chair ATTEST: is el . Day, Com issioner Recording Secretary Minutes of Administrative Work Session Wednesday, April 30, 2008 Page 4 of 4 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp, WORK SESSION AGENDA - REVISED DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, APRIL 30, 2008 1. Update on Strategy for Bethlehem Inn Fundraising - Erik Kropp, and Representatives of Bethlehem Inn and HousingWorks 2. Update on La Pine Affordable Housing Project - Teresa Rozic 3. Discussion of Benevolent Food Provider Fees - Tom Anderson 4. Continued Discussion of Transportation SDC Proposal - Tom Blust 5. Economic Development Grant Request: La Pine Park & Rec (Teen Lounge) 6. Discussion of Fair Board Appointments 7. 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. Ifyou 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. ~Q v E ~ ~ c ~n p v cu O ti x co V ~ C N ~ ~ ~ a N © ~ `1N N 4 ~ !F/ r ® N Y O O to v FI ~ .o q o ~ ~ .-M O Cc ~ M M -M0 . W C Sw .i C ~.d ONp O la 0 M d t M ~..r 0-4 L \ ~ O w 0 U In ~ z C H ~ 3 L CL v ~ ~ O tw W 5 L r /bethlehem n n shelter sustenance self sustama__-1 April 29, 2008 To the Deschutes County Commissioners: Bethlehem Inn is now in its ninth year thanks in no small measure to the generous support of the citizens, businesses of Central Oregon, and local government. During that time, the Inn has served thousands of meals and sheltered hundreds of men, women, and children who, but for the Inn, would be living in cars, under bridges, or wherever they could find a place out of the elements. They are the homeless and often the nameless ones of our community. The Inn acknowledges with gratitude the commitment by the City of Bend and Deschutes County to view homelessness in our region as a ublic issue rather than merely a private one. In July of 2007, the City of Bend and Deschutes County made a historic decision to assist the Inn in finding a permanent facility so that the Inn could continue its mission to break the cycle of homelessness. Much hope and anticipation surrounded the City of Bend's purchase of the Econolodge to house the Bethlehem Inn through Deschutes County's funding. Although the Inn was not part of the negotiations for the selection and purchase of the Econolodge, nevertheless we at the Inn viewed the purchase positively with an eye to its possibilities. At the same time, we were concerned that Deschutes County wanted the Inn to raise $2.2 million to buy the facility from the City of Bend within the succeeding five years despite the fact that the Inn had struggled to raise sufficient funds for its operations throughout its history. Furthermore, in order to remodel the facility to accommodate the Inn's needs as a shelter, we would need to raise significantly more money than the $2.2 million. Before explaining to you our current position, I want to remind you of some challenges the Inn faced over the past nine months. As you will recall, immediately prior to moving into the facility, we discovered that the Econolodge had a leaking septic system that created a health hazard. The County Health Department allowed the Inn to occupy the facility while the County and City worked out a plan to hook the facility up to the City's sewer system. By the beginning of December, 2007, the sewer project had not yet begun. While we watched temperatures drop below freezing, we were unable to offer assistance to the swelling numbers of people seeking shelter even though we had many empty beds. This tragic circumstance arose from the fact that the Inn had had to reduce the number of homeless it could take in by half because of the problems with the septic system. Mercifully, the City of Bend authorized the sewer project in December of 2007. That project was completed in February of 2008. All of the above facts you know already. However, I wanted to point them out only to serve as a backdrop to the Inn's present concerns. As we moved into the facility, one of the hopes was that the Inn would be able to partner with Housing Works to pay the County the purchase price and to remodel the facility. Those plans were necessarily put on hold as the Inn dealt with the septic problems. That delay had unfortunate consequences. Federal and State funding for homelessness has since shifted from homeless shelters and transitional housing to permanent low-cost housing. Although a partnership with Housing Works may still be possible, PO Box 8540, Bend, Oregon 97708 • Phone: 541-322-8768 • Fax: 541-318-7336 • infobi@bethleheminn.org • www.bethleheminn.org r Deschutes County Commissioners April 29, 2008 Page 2 of 2 the drastic shift in funding priorities will likely change the nature of that partnership and alter how much Housing Works can directly assist us in providing a homeless shelter. The septic system problem at the Inn and its lengthy solution caused other unfortunate problems for the Inn. For instance, the City of Bend charged the Inn $15,480 for pumping the septic tank for six months. The City took those charges out of the CDBG funds the Inn was awarded, reducing the Inn's income. Furthermore, due to the reduced number of clients the Inn could accommodate, the Inn lost approximately $24,000 in shelter fees. Besides lost revenue, the Inn incurred approximately $90,000 in additional expenses it did not have at the detention facility, including increased utilities and wages to monitor the larger campus. Last month, our Board of Directors met with an architect to check the feasibility of developing the facility based on our vision for the shelter. As it turns out, the land on which the facility sits is not large enough for us to develop the property as needed, including creating a commercial kitchen, transitional housing, and meeting rooms. Furthermore, the cost of remodeling what is there and building new structures would be far more expensive than building from scratch. Finally, we were informed that the County would like the Inn to pay not only for the original purchase price, but also for the $200,000 sewer project, plus interest, for a current total of approximately $2.8 million. Given the Inn's increased operating cost at the facility, the change in funding priorities, and the prohibitive cost to purchase and remodel the facility into a homeless shelter, the Econolodge no longer appears to be permanent solution for the Inn. What is now abundantly apparent is that it would be far better for the Inn to get approximately 5 acres of bare land and build a homeless shelter with some form of partnership with Housing Works. Staying at our current location during that construction would allow us to shelter the homeless population without interruption. The County and City have demonstrated that they care about the homeless. We desperately need the County to continue its commitment to that profound public issue. The Inn cannot break: the cycle of homelessness alone. As the largest homeless shelter in the region, we need your help and continued support. Grants and private donations sustain our operations, but cannot get us a permanent facility. The County could offer a huge helping hand in this mission by donating the necessary land. On behalf of the entire Board of Directors of the Bethlehem Inn, I thank you for your efforts so far to help end homelessness in Central Oregon. Please feel free to call me if you have any questions. Sincerely,,, Jonathan G. Basham, President COMMUNITY DEVELOPMENT Benevolent Food Providers Permanent Establishments - 8 Bethlehem Inn Shepard's House City Center Foursquare Church La Pine Community Kitchen La Pine Senior Center Redmond Senior Center Sisters Senior Center Bend Community Center Current fee charged-annual $0 Regular fee (private establishment) $575 Total fees waived A) $4,025 Proposed fee $150 Temporary Establishments -114 Examples: Sisters Lion's Club Bend Fire Fighter Foundation Blissful Acres Rescue Reserve Central Oregon Trail Alliance Central Oregon Young Life COBRA Deschutes County 4-H Association Deschutes County Historical Soiciety Fellowship Bible Church Holy Redeemer Altar Society Human Dignity Coalition Kiwanis Club of Sisters La Pine Frontier Days Association Latino Community Association Mt Bachelor Rotary Club Rainbow Clubhouse Redmond Assembly of God Redmond Grange Sisters Rodeo Association Issues: Total fees B) $1,050 ($2,975 waived) Current fee charged-per event $25 Regular fee (private establishment) $80 Total fees $2,850 ($6,2270 waived) Proposed fee $40 Total fees $4,560 ($1,710 new, $4,560 waived) Benevolents generally require more oversight (non-professional preparers & servers). Potential to incrementally increase charge Lottery funds, under general public benefit & economic impact, might be used. Whole or partial subsidy-either permanent or temporarys Other Counties do charge D Economic Development Fund Discretionary Grant Program Organization: La Pine Park and Recreation District Organization Description: This is an Oregon Special District governed by a five- member elected board responsible for delivering recreational programs and facilities to the Greater La Pine Community, an 85 square mile area of South Deschutes County. The District is funded through a combination of fees, facility rentals, lease income and a recycling program. The District offers programs such as seasonal craft and art shows, sports, summer day camp and a two-day music festival. Project Name: La Pine Teen Lounge Project Description: The Teen Lounge is a place for 6th to 12th graders to come after school to relax and socialize in a safe setting. Currently, the program is available on Wednesdays from lpm to 6pm on Wednesdays. The program began on April 9th and is scheduled to end on June 11 th. Interest in the program has been significant with 44 children in the first week and 57 in the second week. Examples of some of activities provided include basketball, pool and air hockey. Activities are supervised by at least two volunteer adult staff at all times. Project Period: Funded needed by April 30,2008 Amount of Request: $1,000 to offset utility and supply expenses making program cost neutral. Previous Grants: April 2001: $1,400 (Luke $1,400) May 2001: $1,065 (Luke $1,065) April 2002: $1,250 Electrical svcs - White School (Luke $625, DeWolf $625) G w 2 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner Tammy Baney Commissioner Michael M. Daly Commissioner Dennis R. Luke All Three Commissioners Date: Project Name: . _we Project Beginning Date: Project End Date: Amount of Request: Q t7D Date Funds Needed: Applicant/Organization: j Tax ID _ ~h7 Address: City & Zip: Contact Name(s): Telephone:[ q - Fax: Alternate Phone: e Email: ~vJ On a separate sheet, please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. Amount Approved: By: Date: Declined: By: Date: m po©~ paaa MD 0@08 MM DO~t7[3oet7 PO Box 664 La Pine, OR 97739 1. The mission of the La Pine Park and Recreation District is to Deliver Recreational Programs and Facilities to the Greater La Pine Community. The District of governed by a 5 member elected Board. It has no paid employees but has a small cadre of dedicated volunteers. It is an Oregon State agency. LPRD is an unfunded Oregon Special District. It encompasses nearly 85 square miles in southern Deschutes County extending from South Century Drive south to the county line. The District is currently funded through a combination of user fees, facility rental and lease income, and can and bottle recycling deposits. Current programming includes the Teen Lounge, seasonal craft and art shows and a well developed sports component including soccer, football and basketball. Planned new events include a summer day camp and a two day music festival. 2. The request being made is to support the LPRD's fledgling Teen Lounge. The lounge is a place for 6th to 12th graders to come after school to relax and socialize in a safe setting. It takes place in the White School Park Building located adjacent to the La Pine school campus. Activities included basketball, pool and air hockey among others. Activities are both inside and outside with a volunteer staff making sure that the activities are safe and that adults not associated with the program do not interact with the youth. All volunteers are subjected to criminal background checks and there are always at least 2 adults on location at all times. The program has proven so popular in its first two weeks of operation (44 children the first week and 57 the second) that many adults have stepped forward to volunteer time. The Lounge is currently open only on Wednesdays. 3. This program is of very limited duration. It runs every Wednesday from Ipm until 6pm. It began on April 9th and will terminate on June 1 lth, the last full week of school. 4. This program benefits the economic health of the community in several ways: • It diverts youth between the ages of 12 and 18 from shoplifting. • It diverts youth between the ages of 12 and 18 from loitering in inappropriate areas better allowing the free flow of commerce. • It acts as a feeding program for the youth of La Pine lessening the need for county services. • It offers community service organizations the opportunity to encounter these youth in a non-threatening way to offer services that may be rejected or ignored otherwise reducing outreach costs. 5. The specific communities that will benefit from this program include: • The City of La Pine by reducing the number of complaints about youth from constituents • The businesses of La Pine by reducing inventory shrinkage, staffing needs and costs associated with vandalism repair. • The youth themselves will benefit by having caring adults to interact with a safe place to go and healthful activities in which to participate. • The parents of the children will also benefit because they will know that at least on this day, their children have a safe place to be. 6. La Pine Park and Recreation District is requesting $1000 to support the Teen Lounge. The grant funds will be used to offset utility and supply expenses rendering this program cost neutral for the La Pine Park and Recreation District. In-kind contributors include The La Pine Community Kitchen, Cascade Youth and Families, Family Advocate Network, the City of La Pine, Deschutes Public Library System, Deschutes County Sheriff's Office and most importantly, the concerned and passionate volunteers who staff the lounge every week. Teen Lounge Itemized Expenditures Direct Cost In-Kind Donation Food $1,000 LP Community Kitchen Staff $1,800 Volunteers of La Pine Su lies/Materials $200 $50 Utilities $600 Insurance $100 $300 LPRD Facility $100 , Total $1,000 $3,150 Grant requests are being developed to fund this program for a full five days a week when school resumes in the fall. C~ 7 ny Department of life 'I•I IY lI'~ l `~S Inlcrn;~! Revenue Service. OGDEN UT 84201-0038 LAPINE PARK PO BOX 664 LAPINE OR 1345 & RECREATION DISTRICT 97739-0664649 In reply refer to: 0437874130 July 30, 2007 LTR 4076C EO 93-1056147 000000 00 000 00038228 BODC: SB Federal Identification Number: 93-1056147 Person to Contact: L. Horspool Toil Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This responds to your request for information about your federal tax status. Our records do not specify your federal tax status. However, the following general information about the tax treatment of state and local governments and affiliated organizations may be of interest to you. GOVERNMENTAL UNITS Governmental units, such as States and their political subdivisions, are not generally subject to federal income tax. Political subdivisions of a State are entities with one or more of the sovereign powers of the State such as the power to tax. Typically they include counties or municipalities and their agencies or departments. Charitable contributions to governmental units are tax-deductible under section 170(c)(1) of the Internal Revenue Code if made for a public purpose. ENTITIES MEETING THE REQUIREMENTS OF SECTION 115(1) An entity that is not a governmental unit but that performs an essential government function may not be subject to federal income tax, pursuant to Code section 115(1). The income of such entities is excluded from the definition of gross income as long as the income (1) is derived from a public utility or the exercise of an ess"tiai government function, and (2) accrues to a State, a political subdivision of a State, or the District of Columbia. Contributions made to entities whose income is excluded income under section 115 may not be tax deductible to contributors. . TAX-EXEMPT CHARITABLE ORGANIZATIONS An organization affiliated with a State, county; or municipal government may qualify for exemption from federal income tax under section 501(c)(3) of the Code, if (1) it is not an integral part of the government, and (2) it does not have governmental powers inconsistent with exemption (such as the power to tax or to exercise enforcement or regulatory powers). Note that entities may meet the requirements of both sections 501(c)(3) and 115 under certain circumstances. See Revenue Procedure 2003-12, 2003-1 C.B. 316. 0437874130 July 30, 2007 LTR 4076C EO 93-1056147 000000 00 000 00038229 LAPINE PARK & RECREATION DISTRICT PO BOX 664 LAPINE OR 97739-0664649 Most entities must file a Form 1023, Application for Recognition of Exemption Under Section 501(c))(3) of the Internal Revenue Code, to request a determination that the organization is exempt from federal income tax under 501(c)(3) of the Code and that charitable contributions are tax deductible to contributors under section 170(c)(2). In addition, private foundations and other persons sometimes want assurance that their grants or contributions are made to a governmental unit or a public charity. Generally, grantors and contributors may rely on the status of governmental units based on State or local law. Form 1023 and Publication 4220, Applying for 501(c)(3) Tax-Exempt Status, are available online at www.irs.gov/eo. We hope this general information will be of assistance to you. This letter, however, does not determine that you have any particular tax status. If you are unsure of your status as a governmental unit or state institution whose income is excluded under section 115(1) you may seek a private letter ruling by following the procedures specified in Revenue Procedure 2007-1, 2007-1 I.R.B. 1 (updated annually). If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Deborah Bingham Accounts Management I 6.1 Road Department (Y:r >"!`.?iR~ L i Ir _ • nsy~i e. - y.,,.y,.._... §e .;3 ^.wx:v.,.ss;~~~r•vr_- 61150 S 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 MEMORANDUM DATE: April 25, 2008 TO: Dave Kanner, County Administrator FROM: Tom Blust, Director RE: System Development Charge Work Session At the SDC work session with the Board on March 26t", several issues were raised that need to be resolved prior to putting together the draft SDC ordinance. The public hearing on the SDC will be held at the regular Board meeting on May 281H SDC issues: 1. Timing of the SDC fee collection. At an earlier stakeholder advisory committee meeting COBA proposed that the county collect the SDC at the time of issuance of a certificate of occupancy rather than at the issuance of a building permit. COBA cited their reasons for this proposal are a more beneficial cash flow for the builders and better timing of the payment to coincide with the actual additional demand for system capacity. The stakeholder committee agreed with this proposal, subject to the County's ability to efficiently administer the policy. Recommendation: Staff (CDD and Road) recommends that the SDC fees be collected at the time of issuance of a building permit. This allows easier administration of the collection and provides the County with a better "hook" to ensure that the fees are paid. 2. Phasing of SDC fee amount. COBA has asked that the SDC fees be phased-in over a period of time to help reduce the initial fiscal impacts to the builders. Recommendation: Staff strongly recommends against a phased-in approach. Under the proposed methodology, the SDC fee ($3,549 per peak hour trip) covers only a portion of the project cost needs in the county over the next 20 years. Collecting fees at a lower rate will only serve to delay the County's ability to meet the demand for system capacity. 3. La Pine SDC. In 2006, the County established a SDC in the south county (area south of the La Pine State Recreation Road) to help fund 4 specific traffic signal projects. Much of this area has since been incorporated into the City of La Pine. The County's SDC ordinance does not apply within the incorporated area. The City of La Pine has not yet adopted a SDC. Adoption of the proposed rural area SDC will create an overlap or double SDC for the unincorporated area south of the La Pine State Recreation Road. Recommendation: Staff recommends that the La Pine SDC be repealed. Further discussions are needed with the City of La Pine with regard to their adoption of a SDC and what the County's contributions will be toward future traffic signal funding.