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HomeMy WebLinkAbout2014-10-20 Work Session Minutes Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 1 of 13 Pages For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., 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 20, 2014 ___________________________ Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and, for a portion of the meeting, Susan Ross and James Lewis, Property & Facilities; Ed Keith, Forester; David Givans, Internal Auditor; and three other citizens. Chair Baney opened the meeting at 1:35 p.m. ___________________________ 1. Update on Bend OSU Campus Project. Becky Johnson and Kelly Sparks, representing OSU Cascades, thanked the Board for the County’s participation in the OSU process, and other projects relating to transportation and community issues. Ms. Johnson asked how the County would like to be kept informed of the progress of OSU. She said that enrollment is strong this quarter, with higher student counts and FTE’s. In other places, this is fairly flat. The new computer science program is up and running, as well as engineering accreditation, research programs and others. Outside of land use, it is all great for OSU Cascades. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 2 of 13 Pages Chair Baney asked if on-line would become part of the offerings. Ms. Johnson stated that Corvallis already has this in place, and it will become part of the OSU program here. There is value in face-to-face interaction and perhaps part of the classes can be on-line, with the rest in person. They will focus on hybrid courses, and they also offer courses that are just available here. Commissioner DeBone stated that he has spoken with OSU representatives in the past, and the Board has been supportive for years. The County is on the same page. Kelly Sparks thanked the Board for support. Chair Baney said that they had waited for a while to see what city and community support was forthcoming, to make the best investment at the appropriate time. Commissioner Unger wants the County to be engaged and help in a variety of ways. Chair Baney said there is a good team working on this and they are doing admiral work. Ms. Sparks stated that the site plan application has been approved, with conditions – 31 so far. The intent of the deliberations is for OSU to show a long-range plan. It is hard to know what will be needed in fifty years. She feels this requirement is political but they will deal with it. Chair Baney asked how they can master plan someone else’s property. Ms. Sparks said that most would not want to have this done with their property unless OSU purchases it. It is a tightrope walk and hard to anticipate future opportunities. Ms. Johnson added that COCC started in another location and did not know the exact future of COCC at that time. Realistically they can only master plan the property they own. Chair Baney stated that the County tried to master plan its own property with input from the City, but that process has not come to fruition. Ms. Sparks said that there are some grants being pursued. One has to do with the transportation network, and will require County interplay for other parts of the County. It involves incentives and a plan, new buses that are larger and can handle more bicycles, and more customer-friendly bike stops. They want to increase choices, and are partnering with COIC and CET. They are pursuing ongoing funding for bus transportation. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 3 of 13 Pages Commissioner DeBone said he assumes that they are talking about normal transportation, coming and going, without the crowds associated with large venues and events. Commissioner Unger stated that there are a lot of entities at the table and the hope is to integrate all of the needs. Chair Baney added that there might be funds available now but they have to keep in mind the sustainability factor. Commissioner Unger noted that the City wants to expand transit as well. Ms. Sparks added that students are being asked to allocate some funds from their student fees towards transportation; COCC does this already. Ms. Johnson said they did not get the incubation center grant, so decided to bond. They will start on a smaller scale. AT&T vacated some space that OSU will be able to use if the revenue becomes available. They are out of space at Cascades Hall. They may move programs and faculty around. They are also planning to help with bioscience start-ups, which are in high demand. They have an incubator in Portland with a long waiting list. It may be possible to have a shared lab and other space that could be used for OSU classes and start- up companies. Commissioner Unger said they need to prepare for the freshman class. Ms. Johnson stated they will have an 88-person classroom that could then be used by these companies. Ms. Sparks said they are excited about sharing the equipment and the space; and would be able to bring in ongoing training classes with space this size. Ms. Johnson added that some companies expressed a need for manufacturing space, but this is not something they would be able to address in the immediate future. Ms. Sparks said they hope to launch the long -range planning process in the spring. Much depends on the level of opposition to the campus. They hope to add to the request to the State for adequate funding for planning purposes. They will likely seek a zone change for specific purposes. This will be in compliance with conditions of approval. Ms. Johnson stated that regarding the old landfill, they are looking at acreage and how this plays into it. It would be a good thing to do, but the details are challenging. They tried to do an MOU that was not satisfactory to all parties regarding commitments. They are trying to show a willingness to help get the landfill cleaned up, with some assurances that they may be able to use it in the future at a price that works for all. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 4 of 13 Pages Ms. Johnson stated she has heard from DEQ a couple of times about funds to clean up the site if it is to be used for a university. They need to figure out how to leverage this. It would be for $10 million, which may not be adequate. They could do a lot more with housing with that additional land. They want to see as many students and faculty as possible living close to the university. Chair Baney asked about the DEQ grants, which are not available to the County since the County created the problem. Ms. Sparks stated they do not know yet what would be required from them, as a third-party participant. Chair Baney said that there are places where affordable housing is being built near or on previously contaminated sites, with proper remediation. It seems difficult to get grants for that kind of work, making it hard to could move forward. Commissioner Unger feels that it could be staged. Chair Baney noted that they would need assurances that the funding would continue after the first steps. Ms. Johnson added that there may be a way to work on joint ownership or public/private partnerships that may help with some of this. She s uggested that it might be wise to investigate more on how this kind of grant funding may become available. Chair Baney said that it will have to be a highly coordinated effort. The County does not want to give away an asset and end up with the liability. Commissioner DeBone stated that all parties want the same thing and can make this work if all remain businesslike. Ms. Johnson said that there might be some federal help available, and the Governor is very supportive of environment efforts as well as the university system. Ms. Sparks would like the County and OSU to coordinate any efforts towards federal or state grants. It needs to be a partnership. Tom Anderson added that Timm Schimke of Solid Waste has a good relationship with the DEQ and needs to be kept informed. The Board has been very forward thinking of this land as part of OSU. The details are challenging and there are a lot of obstacles. The County is not talking to anyone else about this land, and wants to be a part of the overall OSU plan. There are degrees of contamination of the County-owned land, and each area needs to be dealt with specifically. Ideally, they would like to make it a package so the most contaminated areas are not neglected or remain a burden for the County. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 5 of 13 Pages Ms. Johnson asked about the housing issue and whether student or faculty would fit. Chair Baney said the housing agencies want to see a benefit for the workforce, and she does not know all the requirements. One priority is linking it with a state initiative, whether relating to childcare or health care. Education should be one of these. Ms. Johnson said that students are living in places that might otherwise be used for affordable housing, if those students had on- campus locations to live. The goals seem to be similar. Chair Baney said that the County wants to be counted in and a partner. It is going to be a long-term challenge. Ms. Sparks would like to meet again late in the year or early next year. People will have a lot of questions and there will be issues requiring cooperation in a very open way. Ms. Johnson stated that a small committee should form in this regard, including Mr. Schimke. Commissioner DeBone asked about the potential of energy sources for the buildings. Ms. Sparks stated that there is disagreement in Corvallis on this, and she would like to see this develop as a private/public partnership. They did an RFP for housing and it includes utilities. She meets with COCC this month to talk more about biomass and other issues. They are aggressively pursuing biomass, but there are obstacles to overcome. Commissioner Unger feels that biomass may be addressed during this legislative session. 2. Discussion of Geothermal Development. David Stowe of FORGE spoke about a proposed location for research into geothermal energy. In particular, the location would be at Newberry crater. It is another source of power, just as biomass and others are. This is new technology and they are defining what it costs, and what is economically recoverable. Some people feel it could be as much as 10% of power sources, but he thinks that is overly optimistic. This source burns no energy to use it and has good long-term sustainability. In the 1960’s it was in the news a lot, but faded away since other energy sources were still affordable. Newberry Crater has the right conditions, and this is limited in scope. Engineered geothermal allows for more use of the massive amount of heat available, almost anywhere in the west and many places in the east. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 6 of 13 Pages Systems could be created to control the problems caused by fracking by the oil companies, who do not know what to do about the wastewater they produce. Clean energy systems could be developed to make use of this water. There are three unused pads they can use at Newberry that could serve up to 150,000 residences. This is about two gigawatts , but it might not be acceptable in the national forest environment. This is the big picture view. The small er demonstration projects shows what can be saved in terms of oil use. The project would be on their own land, with a lab built there and research being done. OSU is very supportive of this effort as it fits the model. This is state of the art work and the most advanced system developed so far. It would attract companies tied to this type of work. The FORGE project is meant to study this and see how far they can go. (He referred to a handout, a copy of which is attached.) Water loss is about 1% and they have permits for this. It is isolated from other bodies of water. There is some public concern about fracking, but they have been working on this issue, and there have been no problems. Chair Baney asked what the County can do to help. Mr. Stowe said they are going to pick several sites around the country, and this is one of them. They have a Department of Energy grant for this work, which requires a match. The requirements fit what they have in place. An important piece for the DOE is community support. Chair Baney would like to do a site visit. Mr. Stowe said they should come out when they are running the pumps. Chair Baney asked that they also continue with public outreach efforts as well. UNGER: Move approval of a support letter for the FORGE project. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair vote yes. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 7 of 13 Pages 3. Forester Update. Ed Keith said that there was discussion in the past regarding fire restrictions, and whether to institutionalize these in the future, rather than rely on an emergency declaration. This would be the best time to work on this, with a set of criteria. Chair Baney noted that it did raise public awareness at the time. Commissioner Unger asked if the ODF and BLM have set criteria for this. Mr. Keith said that part of the land falls under ODF already. Commissioner Unger stated that consistency is important as well, regardless of who owns the land. There will be outreach when the fire department and other agencies indicate the start of fire season. It could be a big blast with the County a part of it. Mr. Anderson said that lifting the restrictions seems to differ. Mr. Keith stated that the agencies choose to do this district-wide so it can vary. Mr. Keith would like to see consistency, but it is most important to get the word out. Commissioner DeBone asked if they can review it again next year to see if the reaction is the same. Commissioner Unger would like to see rules put into place during the winter months, and it could be adjusted as needed in the future. Chair Baney said that she would like to see ODF, BLM and USFS working together on criteria for this. Mr. Keith stated that if the Board wants to put something into Code, it takes several months to happen. It was decided that they will work on consistency between agencies, but have a template in place if needed. ___________________________ Mr. Keith said that a date has been set for a meeting to include him, Matt Cyrus and Bill Swartz to talk about forestland classification, as discussed about six months ago. It will be a public process and they will accept testimony. ___________________________ He spoke about cohesive strategies with the USFS and project funding. The Deschutes National Forest is working on ideas for these projects to present in a month or so. Successful projects need to include broad-based community support. There will be three projects, one of which will address the existing collaborative area and south, from Sunriver to Crescent, to treat fuels in the wildland urban interface. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 8 of 13 Pages Another would be around the Metolius basin, with most in Jefferson County, regarding resilient landscapes. The third is focused more on Sage Grouse and the Pine Mountain area, and working with BLM and the USFS on restoration. All of these projects are on federal lands. He can draft a letter of support for each effort for the Board to sign. The Board is supportive once the agencies have decided on which projects to pursue for funding. ___________________________ Commissioner DeBone talked about the idea of a railroad spur out of La Pine for shipping purposes. Chair Baney would like this to be discussed further in the future. ___________________________ Regarding the long-term (2010) FEMA grant, there are separate environmental assessments for each county. All follow the same template. Those should be out in a month or so. Some project areas have spotted owl habitat adjacent to or in the general area, so they have to consult with wildlife specialists on that. This is the 2010 grant, written in 2009. The grants are only for three years to start. One project area, owned by Central Oregon Irrigation District, was in the City of Bend, and they will not obligate the funds even though this was a part of the original project proposal. Evidently, they just now noticed it. The plan is up for renewal and the University of Oregon is working on it. If they can get the City of Bend on board, they may have a plan by next spring. The other FEMA grants are being processed with no problems, and they are working with several communities that are a lot more interested now, after the last fire season. Some of the neighborhoods are in the south County area. ___________________________ The DEQ and the U.S. Forest Service are meeting soon locally to talk more about the smoke issues in this area that are created when they do prescribed burning. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 9 of 13 Pages 4. Discussion of Grant Applications. Ed Keith said one grant application is with the Department of Agriculture for noxious weed control. They worked on "A" rated weeds such as hawkweed with these grants. The grant is for some staff time and herbicide treatment, and in the past, they worked with the public who did much of the work. The grant would be for about $11,000. The other grant application is a new one that comes through State Farm Insurance, which covers education and preparedness for natural disasters. They want to further their efforts through FireFree and defensible space ads, to refresh what they have done for years in the media. They would hope to reach more public this way. It would be a grant request for about $79,000. UNGER: Move approval of the two grant requests. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair vote yes. 5. Discussion of Solid Waste Diversion. Timm Schimke advised that the DEQ has updated the State’s Solid Waste Management Plan. This means a legislative proposal with three main elements. They hope to restore funding lost during the recession for things they used to do, which means an increase in the fee for each ton of disposal, which will be phased in. The DEQ has not adjusted their fees for a long time. There used to be grants for household waste disposal and other community events that were dropped. They propose an inflation provision for future costs, and talked about a provision to offset other losses. He worked with them over the past year on this. They need a different funding source than just disposal, which does not make sense when they are trying to minimize disposal. There seem to be plenty of checks and balances included. The County will be asked to support a fee increase for the DEQ, but this will be part of legislation. It is informational at this point. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 10 of 13 Pages Regarding diversion goals, in the late 1980’s recycling was instituted and there was a diversion mandate of 25% of waste. There were nine programs listed and cities had to institute five of the nine. The County was held responsible for meeting the goals but the cities were to implement. They added curbside yard debris but fell back on every other week pickup of recycling. Several years ago, there was an update, and most areas had met their mandate but the State was short as a whole. The criteria were then made goals and not mandates, but they raised it to 45%. There are three areas on which the State wanted them to concentrate: reduction, prevention and composting. The County got a 6% credit for this. It is time to redo the goals, especially since the credits are being removed. The new rate will be at 39% for Deschutes County. Programs will increase to 13 from nine. They need to decide what the diversion level should be, but he feels they should stay at the 45%. It seems reasonable and not overly aggressive. It is aspirational in any case, and there are no penalties if they do not meet it in ten years. The lowest diversion threshold is 25%. The County will not go that low. The Waste to Energy Group project can be included if they are successful with their project. This would bring it up to 50%. Chair Baney asked about taking waste from other counties. Mr. Schimke said this is only for this county; the others do not count against the County. The question is whether the County wants to be more aggressive. Mr. Schimke feels that the 45% is reasonable, but it will go down to 39% with the credit loss. Commissioner Unger stated that perhaps they could ship some things to Hillsboro at less cost. He asked if there are more ways for people to recycle or divert more items that are not now accepted. Mr. Schimke said that the State will look at the energy equivalent. They recycle some things now because they are heavy and they need the weight. Glass is inert and will not cause an environmental issue. They perhaps should shoot for things that are potentially toxic. They can meet it in raw tons or an energy equivalent. Commissioner Unger asked if the DEQ losing funds has made a difference , and whether they need more funds to do the job. Mr. Schimke stated that representatives of the cities of Redmond and Bend met with him. They are comfortable with whatever is decided. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 11 of 13 Pages The DEQ likes what the County is doing already, going from five to seven requirements. They probably do some work in all nine programs now. The DEQ wants programs to be available to everyone, but the cities want to do some on a subscription basis, like yard debris collection. The County wants these programs to be reasonable. They can also consider sorting on the municipal level instead of having the consumer do the sorting, or a version of this. The normal household waste would be sorted from the recyclables, but this is expensive and would only work best for certain types of consumers such as builders. He feels they can make up the 6% loss over the next ten years, so they can stay with a goal of 45%. This community is fairly progressive anyway. The Board is supportive of this plan. 6. Consideration of Document No. 2014-570, an IGA to Create the Central Oregon Workforce Consortium (COWC). Commissioner Unger explained that the Workforce Consortium is looking at smaller groups to be more effective. Only Judge McCabe does not support this. Dave Doyle stated that the agreement has been vetted with other counties and appears to be acceptable to all of them. It creates a consortium for Central Oregon, with one person involved from each of ten counties. It will contract with the Workforce Board, a 501(c)(3). It will need to be ratified by Ordinance, and none of the counties can change the language. Commissioner DeBone asked if this group has the capacity to be involved. Commissioner Unger said that all want to be involved , and funding will come from the Workforce system. Some counties get more than others. The director will work for the nonprofit eventually. It is federal money used for federal programs. DEBONE: Move approval of the Consortium agreement. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair vote yes. Minutes of Board of Commissioners’ Work Session Monday, October 20, 2014 Page 12 of 13 Pages 7. Discussion of Potential Adoption of a Hybrid Entity Status for HIPAA Purposes. This will be addressed at a future meeting. 8. Other Items. Veterans’ Memorial at the Courthouse Commissioner DeBone asked if they should do something around Veterans’ Day regarding the memorial. Susan Ross showed a copy of the memorial, and said that “George Washington” could be scrubbed off and a new plate added at a cost of about $500. If they refinished the entire wall, it would be more expensive, at about $4,000. They could have veterans’ groups meet and figure out if they want something different. Mr. Anderson suggested just removing George Washington and adding Anonymous or Unknown. Ms. Ross said that Dick Tobiason , who works with many veterans, seems to be okay with this. The Board prefers changing it to Unknown since local veterans do not seem overly concerned about this. Wall Street Signage Ms. Ross stated that new 1300 Wall Street signage would cost about $3,000 each. It is difficult to see the entrance signs from Wall Street. A previous Commissioner had pushed for the elaborate signage that is there now. There is a new simple standard for signs that is used in other locations. Commissioners Baney and DeBone are not ready to decide on this issue. La Pine Chamber of Commerce Ballot Per the Board, Commissioner DeBone will handle the voting for these positions. Radio Project – 911 Commissioner DeBone has questions about the radio project and smaller fire districts. It may be too expensive for the smaller agencies that want a simple system. It is very different from public safety as a whole. Mr. Anderson said that all districts except La Pine and perhaps Alfalfa have been working on this for a long time. They do not have to change radios, but there eventually will be a need for new radios. They need one system so everyone can talk to each other, for the big emergencIes. They do not want to have to relay to and from 911 to talk to each other. Commissioner DeBone asked if there are radios that are less costly that will work, and whether they can eliminate annual costs. Mr. Anderson stated that the project is still evolving. They all need to be compatible with the new system platform, so they need to have this basic function to be able to use the technology. Otherwise, 911 would be less efficient and public safety might be compromised. Commissioner Unger said he is also concerned, but those issues are being considered. Being no further items discussed, the meeting adjourned at 4:05 p.m. DATED this 2014 for the Deschutes County Board of Commissioners. ~d~~ Tammy aney, Ch Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner (fn~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, October 20,2014 Page 13 of 13 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., MONDAY, OCTOBER 20, 2014 1. Update on Bend OSU Campus Project -Kelly Sparks, Becky Johnson, and/or Shawn Taylor for OSU 2. Discussion of Geothermal Development -David Stowe, FORGE 3. Forester Update -Ed Keith 4. Discussion of Grant Application -Ed Keith 5. Discussion of Solid Waste Diversion -Timm Schimke 6. Consideration of Document No. 2014-570, an lGA to Create the Central Oregon Workforce Consortium (COWC) -David Doyle; Alan Unger 7. Discussion of Potential Adoption of a Hybrid Entity Status for HIP AA Purposes -John Laherty 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) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues; or other issues under ORS 192.660(2), executive session. Meeting dates. limes and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners ' meeting rooms at 1300 NW Wall St.. Bend. unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6571, or send an e-mail to bonnie.bakerlal.deschutes.org. 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Box 6005 • Bend, OR 97708-6005 1300 NW Wall St, Suite 206 • Bend, OR 97701-1960 [541] 388-6570· Fax [541] 385-3202 www.deschutes.org October 20, 2014 board@deschutes.org Tammy Baney Anthony DeBone Alan Unger SUBJECT: Letter of Support for Proposal of Newberry Volcano Geothermal Area for the Frontier Observatory for Research in Geothermal Energy (FORGE) To Whom It May Concern: This letter is provided in support of conducting the acnv1ties-:furl'hase 1 of the Frontier Observatory for Research in Geothermal Energy (FORGE) on the unitized geothermal lease areas owned by Davenport Newberry Holdings, LLC (DNH), and located on the Newberry Volcano in Central Oregon. The unique characteristics present at Newberry make this an excellent choice for the FORGE, which include a geothermal gradient exceeding 85 0 C/km, measured data at depth, multiple exiting wells, unitized lease ownership, road access, and water supply. Most importantly, the lessons learned during the course of the DOE-supported Newberry Volcano EGS Demonstration Project will expedite the steps needed to build the FORGE and make it a success. The Deschutes County Board of Commissioners fully endorses and supports locating FORGE in Central Oregon, and is excited about the prospect of developing this state of the art facility in our community. The new Oregon State University Cascades campus and the burgeoning tech sector in Bend, make this a perfect fit for our area. Sincerely, UNTY BOARD OF COMMISSIONERS Anthony DeBone, Commissioner ~~ Alan Unger, Commissioner DC 2014-556 Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner ~"''.l"",••,~~,>"""<"",,,~,~,",,~~.. ' __->--------'-------------------------------------------------------.-------------------------------­ .---.---~~ Frontier Observatory for Research in Geothermal Energy • FORGE's mission is to enable cutting-edge research and drilling and technology testing, as well as to allow scientists to identify a replicable, commercial pathway to EGS. In addition to the site itself, the FORGE effort will inciude a robust instrumentation, data collection, and data dissemination component to capture and share data and activities occurring at FORGE in real time. The innovative research, coupled with an equally-innovative collaboration and management platform, is truly a first of its-kind endeavor. --------" --_._.­ ~);.....""",....,-.,~,,,,,.. -.~~,,.,~~.;;.;,.~---""<?--------------------------- DOE FORGE Proposal • November 12 2014 -proposal submission deadline • December 2014 -Initial 10 sites are selected beginning Phase One of FORGE. • In Phase 1, $2 million will be available over one year for selected teams to perform analysis on the suitability of their proposed site and to develop plans for Phase 2. • Subject to the availability of appropriations, up to $29 million in funding is planned for Phase 2, during which teams will work to fully instrument, characterize, and permit candidate sites. ~~~~,-"~"_,,,,._,,,,,",_,, .... " .. ,,,v".<li<.,""'''_'--_____________________ -----. DOE FORGE Proposal • Phase 3 will fund full implementation of FORGE at a single site, managed by a single operations team. This phase will be guided by a collaborative research strategy and executed via annual R&D solicitations designed to improve, optimize, and drive down the costs of deploying EGS. In this phase, partners from industry, academia, and the national laboratories will have ongoing opportunities to conduct new and innovative R&D at the site in critical research areas such as reservoir characterization, reservoir creation, and reservoir sustainability. To: Board of County Commissioners From: Timm Schimke Re: Proposed legislation by the Department of Environmental Quality Date: September 25,2014 The Oregon Department of Environmental Quality is preparing a legislative proposal for the 2015 legislative session. They have been working with a stakeholder group of which I have am a member over the last year to update the State's Opportunity to Recycle Act. Background The original Opportunity to Recycle Act was implemented in 1991 and established the following: • A list of principal recyclables for each County that must be included in any collection program or recycling drop off location • A waste diversion mandate for each County. Deschutes County was required to attain a 25% waste diversion rate. • A list of 9 program elements that could be implemented in order to reach the diversion mandate such as curbside collection of recyclables, enhanced education and promotion, multi-family dwelling recycling, etc ... • A requirement that all cities over a certain size implement a number of program elements. For cities with a population over 10,000, 5 of the 9 listed program elements were required to be implemented. • If a County did not reach its diversion mandate, the affected cities in the County would have to implement additional program elements. • The State wanted to encourage work in areas "up stream" of recycling as well, so established the 2% credit program where Counties could be granted up to 6% in additional diversion credit for doing work in the areas of waste reduction, reuse, and backyard composting. Deschutes County has qualified for these additional 6% credits each year. • In addition to County diversion, the Act established a general state wide diversion goal as well. The Act was updated after the deadline for reaching the diversion mandates had passed and most Counties had met their mandate. This effort was to basically establish new diversion goals for Counties and the State. The major change to the original approach was that additional diversion rates would be goals rather than mandates and there was no consequences for not meeting the new goal. Deschutes County adopted a 45% goal. This was very aggressive, but we have attained that level of diversion. The Proposed Legislation The proposed legislation has 3 aspects that DEQ would like to address: 1. DEQ's Solid Waste program is funded through facility permit fees and a per ton fee on materials disposed in landfills in the state. This fee was established in 1991 and has not been adjusted since. Inflation over the years as well as the recent economic downturn has required significant reductions in DEQ's efforts in the area beyond simple permit compliance and facilities oversight. Proposed legislation hopes to increase the fee, establish some ongoing adjustments to the fees to account for inflation, and possible include some mechanism to account for reductions in tons disposed which results in reductions in revenue. 2. The proposed legislation will overhaul and expand the program elements list that cities have available for them to meet their requirements. The list will probably be expanded for 9 elements to 13 elements. It is also proposed that the number of program elements a city must implement be increased. For Bend and Redmond, which are the only cities in Deschutes County to be affected by this, the requirement will probably be increased from 5 of 9 program elements to 7 of 13 elements. This effort will also eliminate the 2% credit program, but make efforts in those areas one of the 13 elements a city may choose to implement. 3. Lastly, the proposed legislation will establish new diversion goals for Counties and the State. The emphasis remains that these will be aspirational goals rather than mandates and there will be no consequences to not meeting these goals. We will have until 2025 to meet the new goal. Each County has been asked to choose their goal to be included in the legislation. DEQ will also begin measuring diversion in terms of energy savings as well as the traditional approach of counting tons. This will allow us to focus our energies in areas that provide the most environmental benefit rather than simply looking for tons. I have attached an information sheet developed by DEQ that talks about the proposed legislation. With the elimination of the 2% credit program. Deschutes County's diversion rate will drop from 45% to 39%. I believe that at a minimum, we should maintain our current 45% diversion goal and strive to offset the 6% drop that will result from the loss of the 2% credit program. We have a 10 year window to accomplish this, but feel a 6% increase in diversion over that period of time is a fairly aggressive goal. We could consider stretching a bit more and set a 50% goal, but I would not be comfortable with anything beyond that. I do not need an official Board vote on this although you are welcome to do so if you would like. I am interested in your individual thoughts regarding this legislation. __~ 1~V'~l>!·.t:~~~-' Oregon law requires the state to adopt and periodically update its statewide solid waste management plan. The last plan was adopted in 1994. In 2011 DEQ began updating the state's plan. The resulting document, "Materials Management in Oregon:.2050 Vision and Framework for Action~ was adopted by the Environmental Quality Commission in December 2012. This document can be found on the DEQ website at: httP:/twww·deq.state.or.usl!g/pubsldocslsw! 2050visionlMaterialsManagementinOregon. m!f There are two parts to the document: 2050 Vision and Framework for Action. 2050 Vision Oregonians in 2050 produce and use materials responsibly-conserving resources-protecting the environment­ living well Framework for Action The framework is an outline of how to achieve the vision. A Materials Management Workgroup, made up of stakeholders from across the state, has been giving DEQ feedback on legislative concepts in three areas: restore and stabilize funding, improve waste recycling, and goals and measures. DEQ proposed the broader name "Materials Managemenr, in part to reflect the numerous ways in which "solid waste management" (especially "reduce, reuse, recycle") impact and involve the full life cycle of materials, not just wastes. Restore Funding DEQ's Materials Management Program is funded by per-ton fees on garbage. It does not receive general funds. Due to declining disposal, DEQ lost 12 FTE between 2008 and 2012 (24% of program staff statewide). DEQ also cut household hazardous waste collection events and most grants. Fees were last changed in 1991 and have never been adjusted for inflation. Ifdisposal volumes remain stable, the program will be unable to restore services. and will lose another 8 FTE by 2021. The Materials Management Workgroup has helped DEQ develop a draft legislative package to generate the revenue needed to implement the higher priority work outlined in the 2050 Vision. It will restore services rural Oregon has benefitted from in the past, and fund several new programs: • Restore the solid waste grant program for local communities. • Restore Household Hazardous Waste collection events, facility grants, mercury and school lab cleanouts. • Improve waste recovery, reuse and prevention programs -both local and statewide. • Technical assistance to help Oregon businesses reduce environmental impacts and save money, leading to job retention and creation. • Foundational work including goals and measures, environmental life cycle analysis. education and information. • Facility oversight (inspections, permitting). The draft legislative package would raise about $3.5 million in new revenue per year by 2019" (with about $1.2 million available for grants and contracts) by: • Increase the solid waste disposal tipping fee and permit fee. • Reduce the tipping fee waiver for Alternative Daily Cover (from 100% fee waiver to 50%). • Apply the full solid waste disposal tipping fee to special purpose landfills. Fee changes would be phased in. A limited stability mechanism would respond to inflation and fluctuations in disposal tonnage. By 2022, a report to the Legislature would recommend longer-term funding options to diversify the funding base from volatile disposal tonnage. In most Oregon communities, increases in state disposal fees will be passed up through the rate-setting system into the fees households and businesses pay for garbage collection. For an average Oregon single­ family household with on-route garbage collection service, this will translate into a rate impact of about 3 cents per month. *Note: A significant portion ofwaste subject to state fees comes from out ofstate.lfrecent tonnage patterns continue. more than 40 percent ofthis new revenue will come from out-oJ-state waste generators. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 110/17/141 Department: IBoccl Contractor/Supplier/Consultant Name: L-------.J Contractor Contact: IDave Doylel Contractor Phone #: !388-6625 1 Type of Document: IGA -Workforce Consortium Goods and/or Services: NIA Background & History: Local workforce areas were established by the Workforce Investment Act of 1998, as amended by the Workforce Innovation and Opportunity Act of 2014. The Governor has directed that existing workforce areas be brokern down into regional units overseen by local governing body officials. This IGA will establish the Central Oregon workforce unit, to include 10 Central Oregon counties. The BOCC must ratify this IGA by ordinance (scheduled for October 29,2014). The Governor, as represented by Agnes Balassa, has pledged financial assistance to help get the consortium and the local workforce board (likely a 501 (c) (3) entity) up and running. Agreement Starting Date: 112/01/141 Ending Date: 1L------.J Annual Value or Total Payment: ~ Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? cg] Yes No If No, has budget amendment been submitted? 0 Yes 0 No Is this a Grant Agreement providing revenue to the County? 0 Yes cg] No Special conditions attached to this grant: Deadlines for reporting to the grantor: 1011712014 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: ,-I_-' IDepaimental Contact and Title: David Doyle, Legal Phone #: Department Director Approval: -cY&-l-f...............,'f'IV'--f--=----­ Signature I D te Distribution of Document: County Counsel. Official Review: County Signature Required (Check One):~BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Date1Q6, 'f\/L !O-(r-/tj- Document Number Document No. 2014-570 10117/2014 REVIEWED Qar{V LEGAL COUNSEL Central Oregon Workforce Consortium (COWC) Date: October 20,2014 Parties: Crook County, Deschutes County, Gilliam County, Hood River County, Jefferson County, Klamath County, Lake County, Sherman County, Wasco County, and Wheeler County Subject Matter: Intergovernmental Agreement Creating the Central Oregon Workforce Consortium (COWC) WHEREAS, ORS 190.010 authorizes units of local government to enter into written agreements with other units oflocal governments for the performance of authorized functions; and WHEREAS, the parties to this agreement wish to create COWC as an ORS 190 entity; and WHEREAS, COWC shall consist of a governing body made up of one elected official from each ofthe ten (10) identified parties; and WHEREAS, each party will, prior to the date of entity creation stated herein, enact an ordinance ratifying this intergovernmental agreement as required by 0 RS 190.085, now therefore, IT IS AGREED AS FOLLOWS: 1. Effective Date: This agreement shall take effect on December 1, 2014 or whenever all the parties approve it, whichever occurs last. IGA -Document No. 2014-570 Page 1 I \ DC 2014-570 2. Purpose: The purpose of this agreement is to establish a consortium of local governing body elected officials for the Central Oregon workforce area. Local workforce areas were established by the Workforce Investment Act of 1998 ("WIN') as amended by the Workforce Innovation and Opportunity Act of 2014 ("WIOA"). Chapter 190 of the Oregon Revised Statutes authorizes intergovernmental I agreements. 3. Non-Agency: No party to this agreement is an agent of any other I party; to the extent applicable each party is solely liable for any workers compensation coverage. 4. Consortium Composition: The Central Oregon Workforce Consortium ("COWC") shall have a board consisting of one county elected official chosen by each of the ten counties that are parties to this agreement. Each county may also designate an alternate county elected official who may act as a COWC board member and count towards a quorum in the absence of the regular COWC board member. 5. The COWC Chair: The COWC shall elect a Chair and a Vice Chair in accordance with its bylaws. The Chair shall be the workforce area's chief elected official and shall perform chief elected official responsibilities described in WIOA, in other applicable Federal and State statutes, rules, policies, procedures, in workforce contracts and grant agreements, in this agreement and in COWe's bylaws. The Vice I Chair shall perform the Chair's responsibilities when the Chair is absent is absent. 6. Consortium Decisions: Each of the ten members of COWe's board I \ § shall have one vote. A quorum shall consist of six or more COWC board members. Decisions shall require the approval of a majority of COWC board members at a meeting when a quorum is present and no less than five favorable votes. Board members may attend meetings in person or electronically as permitted by Oregon laws. COWC shall adopt bylaws covering meetings and procedures. 7. Workforce Board Appointments: The COWC board shall authorize the Chair to make Central Oregon Workforce Board (the "Workforce Board") appointments. The Workforce Board shall meet WIOA Section 107 composition requirements and certification requirements established by the Oregon Workforce Investment Board ("OWIB") and the Governor. Workforce Board members shall serve staggered three year terms and shall continue serving until (a) resignation, (b) removal by the COWC board, ( c) ceasing to work in and effectively IGA ­Document No. 2014~570 Page 2 represent the sector they were chosen to represent, or (d) until a successor is chosen by the COWC, whichever occurs first. 8. The Strategic Workforce Plan and Budget: COWC shall review and approve the Central Oregon workforce area's strategic plan and annual budget, including major modifications thereto. 9. The Grant Subrecipient and Administrative Agency: The COWC shall designate the Workforce Board as the Central Oregon workforce area's grant recipient and administrative agency. The designation shall be included in the partnership agreement with the Workforce Board. The Workforce Board must be a neutral broker and convener of Central Oregon's workforce system and may not directly deliver adult, dislocated worker or youth services funded by WIA, WIOA or the State of Oregon. 10.Oversight: The COWC board shall receive and review Central Oregon workforce area monitoring and audit reports and shall carry out all local elected official oversight functions described in grant agreements, in applicable Federal and State statutes, rules and poliCies and in the partnership agreement with the Workforce Board. 11.Code of Conduct: COWC and the Workforce Board shall mutually adopt a Code of Conduct covering all Central Oregon workforce area activities and expenditures. 12.Liability: The Workforce Board shall hold the CLEO, the COWC board and the parties to this agreement harmless from any and all claims, court costs, fees and penalties, settlements, judgments, legal costs and any other liabilities of any kind arising from the management of the Central Oregon workforce area. An indemnification clause shall be included in the partnership agreement between the COWC and the Workforce Board. If there is any residual liability for COWC or the Counties which are parties to this agreement, liability shall be apportioned as follows: (a) the County or Counties in which the action or inaction occurred giving rise to the residual liability shall hold the other parties harmless; (b) if a specific County or group of Counties are not directly associated with the residual liability, the parties shall each be liable in proportion to their respective populations as determined by the last available census data at the time the actions or inaction causing the residual liability occurred. 13.Agreement Adoption and Termination: This agreement may be executed in one or more counterparts which, when combined, shall constitute the entire COWC agreement. This agreement shall remain in effect until terminated by three or more of the parties by giving IGA -Document No. 2014-570 Page 3 notice of intent to terminate on or before December 31 st of any year. Termination shall be effective at midnight on the subsequent June 30 th, the end ofthe Central Oregon workforce area's program year. This agreement may also be terminated by a unanimous vote of COWC board members or by operation of law. 14.Agreement Amendment: This agreement may be amended at any time if all ten parties so agree. The Parties agree to aJl the terms of this ORS 190 Intergovernmental Agreement by signing below: For Deschutes County: 10(UJ/'</ j f Date Ta~ ************************************************* For Crook County: Date For Gilliam County: Date For Hood River County: Date IGA -Document No. 2014-570 Page 4 For Jefferson County: Date For Klamath County: Date For Lake County: Date For Sherman County: Date For Wasco County: Date For Wheeler County: Date IGA -Document No. 2014-570 Page 5