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2009-1450-Minutes for Meeting August 19,2009 Recorded 9/10/2009COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2009.1450 COMMISSIONERS' JOURNAL 09/10/2009 08;Ot;30 AM 2009-1450 Do not remove this page from original document. Deschutes County Clerk Certificate Page rN 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, AUGUST 19, 2009 Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Tom Anderson, Nick Lelack, Dan Haldeman, Peter Russell and Todd Cleveland, Community Development; Scott Johnson, Kate Moore and Shannon Dames, Health Services; Judith Ure, Administration; and approximately twenty other citizens, including two representatives of the media. Chair Baney opened the meeting at 1: 30 p.m. 1. Bethlehem Inn Status Update. Tom O'Brien of the Bethlehem Inn Board of Directors said that he wanted to discuss how they might structure a purchase agreement, their current fundraising plan, and a possible capital fundraising campaign. He has some ideas that may have not been discussed with all members of his Board. He introduced Dave Goodwin, Joel Morris, Chris Clovart and Rebecca Gundzik. Mr. O'Brien stated that they are thinking about setting up a small group process between the two entities. This would allow them to get into the real work process. He gave a brief history of the Inn and said they appreciate the support of the County over almost five years. They had a difficult year operating their own space as opposed to renting from County. They had run up a deficit of $75,000. This fiscal year they were able to end up with a positive cash flow, the reserves are rebuilding, and they now have a positive balance of $71,000. They are doing better, making progress, but not getting rich. About 37% of staff expenses were cut to be able to keep the Inn open. They are serving almost 40% more people now, as there has been a dramatic increase in demand for services. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 1 of 9 Pages They have a strong board and staff working relationship now. Individual donations went up, but foundations and grants fell off. They will do an annual pledge program along with some kind of visible activity each month. Dave Goodwin added that the staff that was left took over and did a miraculous job of keeping things running and growing. The County benefits from these services but the board of the Inn wants to work on the commitment to repay the County. They plan to launch a capital feasibility plan the first half of 2010. They need to build the bedrock from where stable funding will come. Commissioner Baney asked if the Bethlehem Inn board feels this is a County building or wants ownership. Mr. O'Brien said that they have to demonstrate sustainability to get grants, and part of that is ownership. People are aware of the in-kind services, which reduce pressure on County services, such as Parole & Probation. The quality of life in the area is positively affected - for instance, residents are not allowed to stand on corners and beg for money. Commissioner Luke pointed out that the cities benefit as well. There will be numerous fundraising events, something every month to keep up public awareness. They want people to know that they serve a great number of families and women. They are always at capacity with families during the winter months. Much of the advertising is being done at no cost through the media. Mr. O'Brien stated that his thoughts are for a possible lease to buy, as a solid connection is desired. Another way would be some kind of a mortgage or low- interest loan. Leasing would present less of a tax issue for his group. They work with the local businesses and neighbors to address any potential impacts. Habitat for Humanity may begin working with other groups that provide housing. Dave Kanner said the County does not have title to the building, so he is not sure how an agreement would be structured. Commissioner Luke stated that the City has ownership but the County may take over at some point. Erik Kropp explained that it is a complicated issue. Mr. O'Brien said that they would like to bring someone from the City in to discuss this further. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 2 of 9 Pages They asked for approval to apply for a grant on behalf of the Bethlehem Inn, which will write the grant and do all of the necessary reporting. The County would need to accept the grant if it is approved. They also have a recycling program set up, which will in part help with work experience for the residents. 2. H1-N1 Flu Update. Scott Johnson gave the most current information on this issue. He said his department would need to contract with someone to help during the vaccination process. Shannon Dames added that there are 60 to 70 schools that they will need to serve within the space of a few weeks. Some federal funding will be obtained, but they will have only about a month to coordinate with others to get this done. They have to be able to respond quickly. Per County Code, one option is a request for a qualified pool of service providers. One concern is that it is expensive to do this multiple times. Even the qualified pool might not be quick enough. Commissioner Luke said that there can't be a huge list of people who are able to do this. Ms. Dames said there are companies nationally who provide this service and are efficient, that are now breaking into the west coast. That is the easiest way to go, but they want to look at local entities as well. Commissioner Luke stated that it is hard to know how serious the situation may be. Ms. Dames replied that over-planning is necessary so that enough planning is in place. In other places, like Australia, they are struggling with inadequate capacity. The target population, based on early research, would be those who have other health issues and those younger than age 65. Ms. Dames stated that the State and Federal agencies are providing vaccine. When insurance can be billed, that will be handled by private providers. The public providers will not be concerned about billing. Direction is coming from the federal government through the State. Mr. Johnson said that meetings are taking place with agencies of all kinds. He is working as closely as possible with Legal Counsel on the RFP process. Ms. Dames asked if the Board wants to know what steps are being taken as they occur. The Commissioners said that e-mail updates are adequate unless it is felt that there is a true emergency. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 3 of 9 Pages 3. School-based Health Centers Update. Scott Johnson said that these centers now serve both health and mental health needs. Kate Moore has been working with the school districts on this program. Ms. Moore stated that the Public Health Advisory Board was updated in July, at which time a proposal was sent out for new centers. The Board was supportive of the current centers and wanted to know more about expansion. She contacted all three school districts. There was no response from Bend, but she did hear from Sisters and Redmond. Redmond wants to proceed with planning. In Sisters, there was a lot of interest as well but they do not have funds for this. City business leaders were contacted about using space. The safety net clinic was used to put in the existing centers. The funding for the first year would be covered by funding, as would the second year. The State would provide $41,000 annually. Sisters stated they would have more of a problem coming up with cash. Mr. Johnson added that Judith Ure is helping to move this forward. 4. Pre-Meeting Agenda Review for August 26 Joint Work Session with the City of Bend. Dave Kanner is working with Eric King on an agenda for this meeting. There are three basic items on the agenda, but other things might come up. The meeting generally lasts under three hours. Regarding the Bend Airport, there is only a memo from a couple of months ago for reference regarding annexation. It was discussed by the City Council, and they settled on alternative # 1, which is a slow process but makes the most sense regarding annexation. Commissioner Luke said this is the best time to pursue a master plan update. Commissioner Baney stated that she attended a meeting of the users group, but no one from the City attended. Commissioner Luke asked if there is still illegal use of the buildings, especially the hangars, taking place. Mr. Anderson said that the City asked the County for help in this regard. However, the owner of the land is the City and ultimately responsible. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 4 of 9 Pages There was a complaint about a non-aviation related business being operated out of a hangar. The County advised them that this would not pass as it was, so the people came back with a different permit. A letter of support from Eric King of the City then came in regarding this business. Mr. Kanner stated that this is regulated by the FAA. Erik Kropp stated that there is language as well in the lease agreements signed by the hangar users and the City. Mr. Kropp said that it might be helpful for the City to hear the County's expectations regarding the master plan. Commissioner Luke stated that he does not want to tell the City what to put in its master plan. Mr. Kanner said that County Code does speak to what should be included in the airport master plan. Mr. Lelack said that Brian Reynolds would summarize the master plan. There is a statement that the County is to participate and encourage this, although it is not clear of the level of involvement that is expected. Mr. Lelack added that they might expect more than the County can give. After discussion, it was decided that staff involvement is all that is necessary at this point. Mr. Kropp stated that federal funding to the City is not yet available and they are hesitant to get too far into the process without that funding. Regarding item #2, no progress has been made, as the facilitator has been unavailable. Some training might be available on a shared basis. Regarding item #3, the City sent ODOT a list of preferred alternatives regarding north Highway 97 planning. Mr. Kanner stated that the City wants its bonding capacity increased for various projects, and would like the County to share its bonding capacity with the City. The County's total bonding capacity is about $26 million. EDCO is also interested in this situation. The County will need to make a decision on its own bonding requirements in the near future. Commissioner Baney wants to make sure some long-term jobs are created, and not just short-term construction projects. Commissioner Unger would like to have some discussions regarding various events that impact the City and County, such as bicycle races. He wants to know if there is widespread support and whether there are concerns about capacity and impacts. Mr. Kropp said that staff coordination is pretty good between the various entities. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 5 of 9 Pages 5. Discussion regarding Interpretation of Ordinance No. 2008-019. Tom Anderson said they have been applying the ordinance for 14 months. There are three main provisions of the ordinance. A couple of instances have come up under the new construction category that he is fairly certain were not considered at the time. (He referred to a handout.) Situation #1 relates to a replacement of a structure that was destroyed by fire. The existing septic system may be functioning well, but it is in an area of high groundwater and it might be necessary to upgrade to a sand filter system at the very least. Situation #2 is a code enforcement case whereby an accessory structure was converted to a dwelling without permits. Permits are needed for the dwelling, and a nitrogen reducing system might be required. The current owners of the property were not aware of the lack of permits when they purchased the property. The question for the Board is whether the Board agrees with how the ordinance is written or whether exceptions can be made in these types of situations. His department needs some clear guidance and direction. Commissioner Baney said that there might be a different in opinion between Commissioners. Commissioner Luke asked if the buildings that were converted are allowed. Mr. Anderson stated that they would have been allowed at the time. Mr. Cleveland stated that the septic system was installed without permits, however. Commissioner Luke said that he has always viewed replacement dwellings the same as the original. Mr. Cleveland stated that there was an old letter on an instance regarding the septic system, a review at the time because it did not meet separation requirements and the lots have high groudnwater. It was installed in 1976, so typically it would have to be upgraded by this time. Commissioner Unger said that there are regular County requirements as well as the ordinance. When he reads the section regarding septic systems, it does not talk about construction of buildings. To him, in the case of the replacement house, the County would normally not inspect the system, just the building. Mr. Cleveland said that by State rule anytime a residence is replaced, an authorization notice is needed and the system has to be examined. All of those factors come into play. It might not be failing but may need to be altered. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 6 of 9 Pages Laurie Craghead stated that even if the Ordinance were not in place, an upgrade would still be required. Rules of reasonable repair apply when improvements are being done. Commissioner Baney said this is an elderly couple who lost almost everything. They have a functioning system and there have been no Code issues with that system. Mr. Cleveland said the authorization notice is left to the judgment of the inspector. He can authorize hookup without further repairs. If an alteration is needed, a requirement to upgrade is needed. A system installed that many years ago is discharging directly into the groundwater. It does not meet the minimum requirements of a standard system. Commissioner Baney said that it makes sense that they need an adequate system. Commissioner Luke stated that a failing system is sewage that poses a health danger. Not having enough drainfield or an inadequate tank is a problem. Mr. Cleveland said that a sand filter system or an additional drainfield is needed. Commissioner Baney said she does not view obtaining a permit after the fact is the same as new construction. Commissioner Luke stated that people should look at the existing permits when they buy property. Laurie Craghead said that buyers of property don't normally inspect building permits on the record, nor does the title company. Commissioner Baney added that it needs to be more black and white. Commissioner Unger stated that what the ordinance was looking at was new construction. The need for a review is a separate State rule. In regard to situation #1, it appears that there is a potential health issue. He hopes that there is a way to help these people get there. In regard to situation #2, permits should have been done. Commissioner Baney said that if the system met previous requirements, is an upgrade triggered. Ms. Craghead said as the illegal dwelling comes into a permitted structure, it would be the same as bringing electrical up to code. Either the standards are what were required when built or they weren't. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 7 of 9 Pages Commissioner Luke said that probably an installer put in the system in situation #2. The new owners are trying to make good. Commissioner Unger said that situation #2 is not necessarily tied to the ordinance. Situation # 1 is similar, but is triggered because of State regulations. Commissioner Luke stated that situation #1 triggers a sand filter system. He did not envision this issue when the ordinance was adopted. However, it may not be possible to extend the drainfield. Mr. Cleveland said the permit triggers the ordinance requirements. This is a situation that happens very seldom. Commissioner Baney said that the owners want to put in the best system they can. The options should be discussed with them. Commissioner Unger agreed that this should be encouraged. Ms. Craghead said that the Code as written does not get them there. There can be an ordinance providing a variance based on hardship. Situation #2 is triggered. Commissioner Baney pointed out that these are new owners. Commissioner Luke said that they should have done their homework before buying. Mr. Anderson stated that he supports this idea of a hardship clause for situation # 1. Regarding situation #2, the structure is the residence now. 6. Other Items. Scott Cooper spoke about the La Pine Community Kitchen food pantry project. He said this is a great group doing good work, all with one paid staff person, feeding over a hundred people a week, and doing it all from a collection of old buildings and shipping containers. A community grant is being sought for a food bank. This is a huge issue in La Pine. The City budget is about $150,000 total and they do not have the staff or funds to pursue this grant. An agreement was reached to approach the County about accepting the grant. It would be administered and written by COIC. The triple-wide manufactured home donated by the County needs to be inspected for snow loads. They would like to eliminate the ancillary buildings and have everything tied to the new building. The Commissioners indicated they are supportive of moving forward with the grant application process. Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 8 of 9 Pages Judith Ure said that only one CBDG can be open per category at a time. Mr. Cooper stated that this would take about 24 months. LUKE: Move that Deschutes County be the sponsoring organization for this CDBG grant. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. At this time, the Board went into executive session under ORS 192.660(2)(h), pending or threatened litigation. No formal action was taken after the session. Being no further items addressed, the meeting adjourned at 4:25 p.m. DATED this 19th Day of August 2009 for the Deschutes Coun Board of Commissioners. Tammy Baney, Chair n Dennis R. Luke, Vice Chair ATTEST: 0,-Cc Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, August 19, 2009 Page 9 of 9 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.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, AUGUST 19, 2009 1. Bethlehem Inn Status Update -Erik Kropp and Members of Bethlehem Inn Board 2. H 1-N 1 Flu Update - Scott Johnson 3. School-based Health Centers Update - Scott Johnson 4. Pre-Meeting Agenda Review for August 26 Joint Work Session with the City of Bend 5. Discussion regarding Interpretation of Ordinance No. 2008-019 - Tom Anderson 6. 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. 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. o o w v ~ , ~ v ~ ~U C ~ ~ "J ~ ~ RV M n N 6,0 ~ om-' t QA: y L h! J t - s v ~ .x ro Z ._c. ~ ~ ~ ~ o lie C Q) Date: August 13, 2009 To: Board of County Commissioners From: Erik Kropp, Deputy County Administrator ~ Re: Bethlehem Inn Update, August 19`h Work Session The Bethlehem Inn will come in to update the Board at Wednesday's Work Session. Tom O'Brien, Bethlehem Inn Board President, will discuss ideas for structuring a purchase agreement with the County, upcoming fundraising efforts, and the plan for beginning a capital campaign. Dave Kanner, County Administrator Page 1 of Bonnie Baker From: Shannon Dames Sent: Friday, August 14, 2009 1:38 PM To: Bonnie Baker Cc: Erik Kropp; Scott Johnson; Dave Kanner Subject: Bonnie - Memo-RFP H1N1 - board meeting August 19th Memo To: Deschutes County Board of Commissioners From. Scott Johnson and Shannon Dames CC: Dave Kanner, Erik Kropp Date: 8/14/2009 Re: Discuss Health Services communication and contract process as the Pandemic Event rapidly unfolds. Purpose: To discuss the Commissioners involvement and frequency of updates during times of rapidly changing scenarios as the pandemic unfolds. Specifically around contract process for procurement of resources, planning and communication efforts. Health Services is working hard to prepare for different scenarios that may arise with the availability of mass amounts of vaccine to get out to the public, and the potential for mass illness will tap our medical resources. We are expecting to need to have to respond to events promptly as they arise in the areas of communication dissemination, new federal funding allotment for community response capacity, and the ability to contract with other agencies in a time period that will quickly meet community needs. It is important to us that the Board of County Commissioners and Administration be as involved and aware as they need tc be, and certainly as they want to be, as we wade through the many tasks that this coming year will bring. Defining preferences for frequency of public communication, contracting processes, and funding use are all topics that we want to touch base on at the commissioner work session. Shannon Dames (541) 322-7410 3/17/2009 Memo To: Deschutes County Board of Commissioners From: Health Services Department CC: Dave Kanner, Erik Kropp Date: 8/14/09 Re: Consideration of adding one or two new School-Based Health Centers Purpose: To update Board on opportunity to add a new School-Based Health Center in Sisters School District and/or Redmond School District and request their support Challenge: State School-Based Health Center funding provides $ 41,000 per new center in counties with existing centers, and actual cost of operating ranges from $106,000 to $122,000 depending on level of service offered, and number of days open, leaving a gap of $65,000 to $80,000. Further the Request for Proposals (RFP) will be fairly competitive as only 7 new centers will be funded for counties with pre-existing centers. Background: La Pine School-Based Health Center founded in 2004 continues to increase in client visits (this year over 600). Both the new center in Bend (at Ensworth ES) and in Redmond (at Lynch ES) were certified this year. Visits at the new centers are higher than expected during the first year of operations (almost 600 at each center this year), showing pent-up demand. The high number of OHP and uninsured in our community, and the planned expansion of OHP to 80,000 additional Oregon children give reason to anticipate high demand for an access point for health care for these student populations. Recently the state announced an RFP process for counties to add additional SBHCs, due September 18, 2009. In light of this opportunity, talks have begun with the three area school districts, and two (Sister and Redmond) have indicated a high level of interest. At our recent Public Health Advisory Board Mike Bonetto from Cascades East Health Center (CEHC) indicated an interest in having Health Services request funding from CEHC Community Investment funding, and this funding is being investigated. Efforts are being made to maximize billing in all centers as well. Both school districts have been asked to provide remodeling of clinic space, IT connectivity and support, phone lines, janitorial services, school representation on site councils as well as some level of support. Contact has been made with Sisters Park and Recreation to open discussion about use of shared space at the high school (SOAR building) and with Sisters City Council member Jerry Bogart who is willing to participate in meetings. Sisters Schools is concerned about being able to provide the needed space and funding. If a SBHC is established in Sisters, it is anticipated Deschutes County Health Services will utilize this space to also offer Women Infant Child Nutrition (WIC), Mental Health services and Immunizations. Redmond School district has identified possible spaces for a center in one of the high schools, and a ready willingness to proceed with preliminary planning requirements. Long term sustainability will be best achieved by combined funding from the hospital, county, school districts, and OHP revenue. If successful in the RFP process this state grant would provide planning money for 2009- 2010 school year to fund staff time for building community support and partnerships. Beginning the 2010-2011 fiscal year additional funding from the county general fund would likely be needed to supplement the amount offered by other partners. In light of the high numbers of youth lacking access to mental health and health care in our county Health Services is asking the Board to be supportive in our efforts to further build our School-Based Health Care system. Contact: Kate Moore, Program Manager, MCH 322-7422 TE W~ 2~ Department of Administrative Services p Dave Kanner, County Administrator R%AAA 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 www. co. deschutes. or. us August 13, 2009 TO: Board of Commissioners FROM: Dave Kanner RE: Pre-meeting agenda review The Board has a joint work session scheduled with the Bend City Council for Wednesday, August 26. At the moment, the agenda for that meeting is as follows: 1. Bend Airport update 2. Shared services discussions: current status 3. Status report: North Highway 97 planning Item number 3 will be presented by Gary Farnsworth from ODOT. I haven't seen any back-up information yet, although you were briefed on the various alternatives at the last joint work session and I believe Gary simply wants to present an update as to where we currently are in the planning process. Item number 2 relates to the panel that Commissioner Baney and Mayor Eckman have been participating in, although I'm informed that they haven't met since June. It will likely be up to the mayor to provide the update on this item, although we can also discuss the shared training and building inspection efforts. Item number 1 relates to Bend's master planning efforts. I had previously talked to you about Bend's discussions about annexing the airport and the different paths they might take to get there. It's my understanding that the City will take the traditional route, which includes updating the airport master plan as the first step. I believe city staff will take the lead on presenting this item. The purpose of this work session discussion is to see if there is any information or back- up materials the commissioners would like in advance of the joint work session so staff can begin preparing that for you. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner Board Work Session Ordinance 2008-019 Interpretation August 19, 2009 Background: Ordinance 2008-019 (attached) requires installation of a nitrogen reducing septic system for all new construction in southern Deschutes County. When the ordinance was adopted, it is likely that the Board of Commissioners envisioned a scenario of new development on bare land. There have been two recent situations however where a literal reading of the ordinance might dictate the requirement of a nitrogen reducing system, when that might not be the intent of the Board in the adoption of the ordinance. Situation 1: An approved manufactured home was destroyed by fire this past winter. The owners desire to place a new manufactured home on the property. The existing septic system does not appear to have been damaged, although that has not been verified. However, the system was approved in 1976 and likely has a limited useful life left. The property is also located in an area of high groundwater, and under existing rules not related to Ordinance 2008-019, would be required to upgrade from a standard system to a sand filter at time of system replacement. Since the placement of a new manufactured home (even though it is a replacement) falls under the category of new construction, a nitrogen reducing system may be required. Situation 2: A property is currently in code enforcement for the illegal conversion of an accessory structure to a dwelling. The accessory building was approved in 1989, and sometime after that was converted to a dwelling, and a non-permitted septic system was installed. The work was not done by the current owner. Because the required permits to approve the conversion of the structure to a dwelling fall under the category of new construction, a nitrogen reducing system may be required. Requested Action: Provide specific direction to staff on whether these situations should require the installation of a nitrogen reducing septic system under Ordinance 2008-019. Note - Legal counsel is reviewing the ordinance and will advise on whether or not a formal modification of Ordinance 2008-019 is required if the Board's direction is to not require a nitrogen reducing system in these situations. T REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance to Establish County Procedures Under Oregon Rule to Minimize Groundwater Pollution in South Deschutes County, and Declaring an Emergency. * ORDINANCE NO. 2008-019 * WHEREAS, extensive monitoring and study by the United States Geological Survey ("USGS") and the Oregon Department of Environmental Quality has shown that the groundwater underlying the south Deschutes County region is threatened by discharges from conventional onsite wastewater treatment systems serving development in the region, and WHEREAS, south Deschutes County is identified as those unincorporated portions of Deschutes County contained in Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized by the State for sewer, and WHEREAS, recent studies have shown that the predominant source of nitrate contamination of the groundwater in south Deschutes County is from onsite wastewater treatment systems; and WHEREAS, OAR 340-071-0130(1) states that county permitting authorities acting on behalf of the State, such as Deschutes County, may not authorize installation of a wastewater treatment system that is likely to pollute public waters, but rather, must require the installation of a wastewater treatment system that protects public waters or public health; and WHEREAS, the Oregon Department of Environmental Quality, in a letter dated January 4, 2008, determined that a public health hazard exists in the south Deschutes County area; and WHEREAS, Deschutes County Code 11.12.010 defines "Nitrogen Reducing System" as a wastewater treatment system that reduces nitrogen loading to the groundwater in accordance with the Nitrate Loading Management Model and that is approved by Deschutes County" and defines "Nitrate Loading Management Model" as "the groundwater model developed by the USGS to determine the nitrate loading capacity of the drinking water aquifer underlying south Deschutes County;" and WHEREAS, nitrogen reducing onsite wastewater treatment systems are available and effective to reduce pollutants contributing to the public health hazard and protect public waters; and WHEREAS, requiring nitrogen reducing systems for any new County permit for construction, installation, major alteration or major repair helps reduce pollution contributing to the public health hazard; and WHEREAS, on and after July 1, 2006 Deschutes County required property owners in south Deschutes County who requested site evaluation report approvals for construction, installation, major alteration or major repairs to wastewater treatment systems to install nitrogen reducing wastewater treatment systems; and WHEREAS, prior to July 1, 2006 owners of approximately 700 properties in south Deschutes County had received county site evaluation report approvals for onsite wastewater treatment systems, for which the PAGE 1 OF 3 - ORDINANCE NO. 2008-019 (06/11/08) property owners have not received a permit to install the wastewater treatment system, and for those site evaluation report approvals, the onsite wastewater treatment system that would have been approved at the time of the site evaluation report is for a system that will not protect the groundwater in South Deschutes County from nitrogen discharges; and WHEREAS, repairs, replacements or remodels of existing development comprise approximately ninety percent (90%) of the permits currently being issued; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Except as provided in Section 4 of this Ordinance, every owner of property with or without an existing onsite wastewater treatment system site evaluation report approval must install a nitrogen-reducing onsite wastewater treatment system in order to receive a County permit for construction, major alteration or major repair, as defined in Section 3 of this Ordinance. Section 2. The requirements shall apply to onsite wastewater treatment system permit applications submitted on and after the effective date of this Ordinance. Section 3. The following definitions from OAR 340-071-0100 are applicable to this Ordinance: a. "Alteration" means expansion or change in location of an existing system or any part thereof. 1) Major alteration is the expansion or change in location of the soil absorption facility or any part thereof. 2) Minor alteration is the replacement or relocation of a septic tank or other components of the system other than the soil absorption facility. b. "Construction" includes the installation of a new system or part thereof or the alteration, repair, or extension of an existing system. The grading, excavating, and earth-moving work connected with installation, alteration, or repair of a system or part thereof is considered system construction. C. "Repair" means installation of all portions of a system necessary to eliminate a public health hazard or pollution of public waters created by a failing system. Major repair is the replacement of a sand filter, RGF, ATT, or soil absorption system. d. "Onsite Wastewater Treatment System" means any existing or proposed subsurface onsite wastewater treatment and dispersal system including but not limited to a standard subsurface, alternative, experimental, or nonwater-carried sewage system. e. "Site Evaluation Report" means a report on the evaluation of a site to determine its suitability for an onsite system prepared in accordance with OAR 340-071-0150. f. "System" or "onsite system" means "onsite wastewater treatment system." Section 4. The requirements of this Ordinance shall apply only to those unincorporated properties within Townships 19, 20, 21, 22 and Ranges 9, 10, and 11, except those areas authorized by the State for a sewer system. Section 5. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of any remaining portion or portions of this Ordinance, unless: The remaining part or parts are so essentially and inseparably connected with and dependent upon the unconstitutional or invalid part that it is apparent that the remaining part or parts would not have been enacted without the unconstitutional or invalid part; or PAGE 2 OF 3 - ORDINANCE NO. 2008-019 (06/11/08) 2. The remaining part or parts, standing alone, are incomplete and incapable of being carved out in accordance with the Board of County Commissioners' intent. Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this / Hof 2008 ATTEST: &Ojue Recording Secretary ~ -N• Date of 1St Reading: //day of BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chi A T (B Y) L N, ice Chair Date of 2°d Reading: t 1 - day of , 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy Melton Michael M. Daly Effective date: day of 2008. ATTEST: 67r~u~- /&AJ-111 Recording Secretary PAGE 3 OF 3 - ORDINANCE NO. 2008-019 (06/11/08)