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HomeMy WebLinkAbout2008-02-06 Work Session MinutesDeschutes 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, FEBRUARY 6, 2008 Present were Commissioners Dennis R. Luke, Michael M Daly, and Tammy (Baney) Melton. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Anna Johnson and David Givens, Administration; Mark Pilliod and Laurie Craghead, Legal Counsel; Tom Anderson, Catherine Morrow, Peter Gutowsky, Barbara Rich and Todd Cleveland, Community Development. Present for a portion of the meeting were Dave Inbody, Administration, Larry Blanton and Sue Brewster, Sheriff's Office, Becky McDonald, 9 -1 -1 Director; 10 citizens; and media representative Hillary Borrud of The Bulletin. Chair Luke opened the meeting at 1:30 p.m. 1. Discussion of 9 -1 -1 Levy Request. Becky McDonald said they are going out in May for the 9 -1 -1 Levy. The rate will remain the same and hopefully they will get the turnout needed. There is no change from the draft and the numbers are updated to reflect money raised. (See attached marked as Exhibit A.) Commissioner Luke asked if there was unanimous vote by the 9 -1 -1 Board. Ms. McDonald said yes. Commissioner Melton asked what type of community education and programs are in place. Commissioner Luke said they can distribute fact sheets but they cannot campaign for the levy. Ms. McDonald said they are putting together the fact sheets they had last time. Sheriff Blanton said the levy passed by a significant margin last time but did not get the minimum voter turnout. Dave Kanner said the Resolution to place the levy on the ballot would be on the agenda for next Wednesday's meeting. Minutes of Administrative Work Session Wednesday, February 6, 2008 Page 1 of 6 Pages 2. Discussion /Update on South County Groundwater Issues. Dave Inbody introduced Stan Biles to the group. Mr. Biles is the facilitator for the South County Advisory Committee. He said they would like to finalize the charter for the committee with the idea to provide them some given considerations and some guidance for questions. He distributed a handout to the group for discussion. (See attached marked as Exhibit B.) Mr. Inbody went over the handout. Commissioner Luke stated DEQ said the groundwater was not polluted in the last meeting. Commissioners have an email from DEQ that states there is pollution in the top layer. He said 4% of the well sites showed contaminates. Barbara Rich said they have monitoring wells that do show contamination. Commissioner Melton said we know it but the public needs to know. Maybe the committee can figure out how to convey the information to the public. If you drink some tap water in La Pine, you are not going to fall over. If we do nothing we are in trouble but today, you can drink the water. Commissioner Daly asked if the County should offer a cost - deferred loan. Tom Anderson said it would not be paid back until the home was sold. Commissioner Luke said the eighth bullet says you would not have to put the system in until the property is sold. Pollution credits need to be conveyed to the community. Mr. Anderson said there is limited success with it so far because there have not been any local requirements, only requirements occurring through change outs. Commissioner Luke asked if some resources should be used to educate about pollution credits. Mr. Anderson said a developer would be able to answer that better. Mr. Inbody asked if more time was needed to assess the items on the handout. Commissioner Luke said they can discuss the item next week and suggested to give the handout to the committee members to see if they have questions. Mr. Inbody said Mr. Biles would be meeting individually with the committee members through end of February. Laurie Craghead said the committee is to look at finances, not code language. Mr. Anderson said it was a DEQ suggestion that the revised code language is also sent to the advisory committee. Minutes of Administrative Work Session Wednesday, February 6, 2008 Page 2 of 6 Pages Commissioner Melton said they just want to see what other options can be used. We are offering as many solutions as possible. She felt they could make a recommendation anyway as public comment. Commissioner Luke said feed back was needed as quick as possible on financials. Mr. Biles stated given the number of people and the questions proposed it would not be quick. The concern is the more assignments you give the committee the longer is will take. If you narrow the scope, it will speed up. He said he is completely neutral as the facilitator. Commissioner Daly said the proposed rule will be presented at a public hearing and the committee can give their input. Commissioner Luke stated it will definitely be a public hearing on the code and it may go to a public hearing before the committee is done. Mr. Anderson said the other part of their discussion today is to talk about code timing. Commissioner Melton said they want accurate information that is well thought out. There are time lines but would like something they feel confident with. She said she sees the value of having finances separate from the local rule. Commissioner Luke asked if there were any questions from the audience. A couple of questions from unidentified citizens were; who will do the lot -by -lot evaluation and at the meeting, it was said the water in La Pine is good but nothing has been said over the radio or TV. Something should be put out that the water is good. Commissioner Melton said there are areas where there are hot spots and plumes. If you say the water is fine, then we do nothing, how do you convey areas are already starting to show pollution and that water is 96% fine. Commissioner Luke said the email from DEQ should be shared with the citizens to show that after the meeting DEQ said the groundwater is polluted. Catherine Morrow said there is contamination in the aquifer close to the surface but it is moving down. Commissioner Melton said that might be what we say. If we do not do anything, we will have contaminated water in 25 years. She would like a way to convey that. Another citizen said DEQ suggested a way to create the language and he did not believe that that language has been established yet. The committee is a good way to convey information to the public. If the committee does not take charge, people are not going to accept it. Minutes of Administrative Work Session Wednesday, February 6, 2008 Page 3 of 6 Pages Commissioner Luke said they are asking for suggestions on how the money should be used. What is the prioritization and do they help people who have the grandfather clause taken away. Mr. Kanner said when meeting with DEQ staff one of the suggestions was to run this language by the committee to see if they are comfortable with the language. This might be something Mr. Biles could ask them to do to see if the revised language gets to what we want to do. Make it a simple conceptual discussion just to see if the language is clear to them. Mr. Anderson passed around a handout on revisions to the proposed rule. (See attached marked as Exhibit C.) He read information from the handout and said one major alternative is hooking up to sewer and the process for that. Commissioner Luke said as you work it out you will have existing sewers and new sewers. Two alternatives are hooking up inside the growth boundary and hooking up outside the growth boundary. Barbara Rich said they have been working on the language and how to explain it to the citizens with DLCD. Mr. Anderson said the intent is to allow for alternative treatment of wastewater. This language is to identify those alternatives and the possibility that new technology might come along. Commissioner Luke asked who certifies. Mr. Anderson stated DEQ does. There is a process and there may be unique requirements. He said the rule as stated said the property treatment was precluded. Putting that language in the original proposal identified we would have to insure the County does it to everyone's satisfaction. There will also be a sunset clause. In three years, the County would proceed and they will come up with a code amendment to identify specifics. Commissioner Luke asked what will happen if the plan is not done in three years. Mr. Anderson said they are putting the final changes on the grant with DLCD and he felt they can get it done in the time. Commissioner Luke asked if other than septic, were there any other problems. Mr. Anderson said it is possible, just depends on the lot. Some areas have standing water. Ms. Rich said there are building requirements for foundations. Mr. Anderson said the bottom section of the handout is their attempt to explain why they are proposing specific changes. He said sewering has always been an option and with DEQ working with groups. They anticipate having the language in a couple of days then it would go to the public. Minutes of Administrative Work Session Wednesday, February 6, 2008 Page 4 of 6 Pages Commissioner Luke stated he would like to have a hearing sooner than later if the language is ready. Commissioner Melton said she agreed and that the hearing does not mean adoption. She did not want to speculate on a time line for adoption. She said the question then is there an issue to be resolved. Mr. Anderson said the bulk of the issue is being caused by existing systems. New systems have gone in with new development so it is really trying to solve an existing system. It is important to know that timelines will differ through out the County. He has DEQ assurance that he will be able to get a draft to the public in 90 days. A hearing is scheduled for March 19 at the La Pine High School auditorium to take public testimony on the revised proposed Local Rule. 3. Review Naming Suggestions for Forest Service road 45. Mr. Kanner said at the last discussion the naming of Road 45 was narrowed down to three names: Skjersaa Road, Bill Healy Memorial Byway, and River Summit Drive. Commissioner Melton felt honoring a single person in a different way such as naming a rest area or viewpoint after the person would be more appropriate than a road and it would be difficult to make a decision between the two individual families. Commissioner Daly said there is already a bridge named after Mr. Healy. Commissioner Luke felt the County has a responsibility as well as to honor a person by naming a road after them. He said Mr. Healy did a lot of the work establishing Mt. Bachelor area. Commissioner Melton proposed River Summit Drive as the new road name. She would like to honor those that did the work in another way, such as a historical marker. Commissioner Daly agreed with River Summit Drive. Commissioner Luke stated they have two votes for River Summit Drive. a. Other items. Mr. Kanner said regarding the DVD's for the La Pine Groundwater meeting, nothing was discussed about what was going to be charged. Commissioner Melton suggested sending copies to the La Pine Chamber, Senior Center or large groups. Commissioner Luke suggested copying up to 50 DVD's without charge. Minutes of Administrative Work Session Wednesday, February 6, 2008 Page 5 of 6 Pages Mr. Kanner said there will be a meeting with the Congressional Staff tomorrow morning. He said four priorities coming from the department heads, not Board priorities, are 19th Street, Family Access Network (FAN), Drug Court, and Mental Health Crime Prevention. Per Susan Fitch, there are no earmarks in the next budget. If department heads want to come to the meeting, they are welcome. It would be worth asking about grants for Bethlehem Inn and South County Groundwater. Commissioner Luke said earmarks are congressional legacy and senators that have been around a long time will not let them go away. Commissioner Melton said that groundwater is at the top of her list. Mr. Kanner asked about filling the Planning Commission appointment. Commissioner Luke said he was not sure if that needed to be done yet. Commissioner Melton asked if a member is appointed based on Commissioners interpretation of balance, is that subjective. Commissioner Luke said balance on that committee is important. Being no further discussion, the meeting adjourned at 3:30 p.m. DATED this 6th Day of February 2008 for the Deschutes County Board of Commissioners. ;a ATTEST: Recording Secretary Dennis R. Luke Chair Tammy (Baney) Melton, Vice Chair ael aly, Co r missioner Minutes of Administrative Work Session Page 6 of 6 Pages Wednesday, February 6, 2008 TES iv A 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, FEBRUARY 6, 2008 1. Discussion of 911 Levy Request 2. Discussion/Update on South County Groundwater Issues 3. Review Naming Suggestions for Forest Service Road 45 4. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. 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. SEL 803 NOTICE OF DISTRICT MEASURE ELECTION ORS 250.035 REV 8 /00 ORS 250.041 OR5 255.145 ORS 255.345 CCDeschutes County 911 County Service District ‘. ''''ClP(Name of District) Notice is hereby given that on May 20, 2008 (Date of Election) A measure election will be held in Deschutes County, Oregon. (Name of County or Counties) The following shall be the ballot title of the measure to be submitted to the district's voters on this date: CAPTION (10 Words) Five -year Local Option Tax for 911 Operations. QUESTION (20 Words) Shall County 911 Service District impose $ .23 per $1,000 of assessed value for operations for five years beginning 2008 -2009? This measure may cause property taxes to increase more than three percent. SUMMARY (175 Words) This measure may be passed only at an election with at least 50 percent voter turnout. The current taxing authority for the Deschutes County 911 County Service District is a permanent rate limitation of $0.1618 per $1000 of assessed value. This rate is based on a tax base passed by voters in 1994, as reduced by Measure 50 in 1997. Voters approved a four -year operating levy in 2003, which expired. June 30, 2007. Funds provided by this five -year local option tax would be used to: • maintain existing 911 services to an increasing population; • continue the Emergency Preparedness Network (EPN), which notifies residents by telephone of emergency situations in their area; • update to a more efficient, cost - effective public safety records systems to accommodate growth and technological changes; and • pay for space needed for dispatchers. This measure would provide stable operational funding and space for 911 emergency services for five years. The proposed rate would raise approximately $3, 357,638 in 2008 -2009, $3,559,096 in 2009 -2010, $3,772,642 in 2010 -2011, $3,999,001 in 2011 -2012 and $4,238,941 in 2012 -2013. The following authorized district official hereby certifies the above ballot title is true and complete. Signature of authorized district official (not required to be notarized) Date signed Dennis R. Luke Chair Printed name of authorized district official Title Page 1 of 1- Exhibit "A" to Resolution No. 2008 -012 (01/22/08) EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2008) Ballot Title Caption: ve -year Local Option Tax for 911 Operations Measure Numb Word Total (500) Maximum): 312 De ounty 911 County Service District answers and dispatches all calls for service for every pollcN re and ambulance department in the county. The 911 County Service District provides this critW service to all county residents through the following entities: Bend Fire Department Deschutes County Rural Fire Protection District #1 Bend Police Department Deschutes County Sheriff's Office Redmond Police Redmond Fire Department Deschutes County Rural Fire Protection District #2 La Pine Fire Department Black Butte Ranch Police Black Butte Fire Services Sunriver Police Sunriver Fire Department Sisters /Camp Sherman Fire District Cloverdale Fire District Oregon State Police Crooked River Ranch Fire Services United States Forest Service Oregon Department of Forestry Bureau of Land Management Airlife Currently, an average of six 911 dispatchers per shift answer approximately 938 calls for service each day. The 911 dispatchers are trained and certified emergency medical dispatchers, giving lifesaving emergency medical instructions to callers until the emergency personnel arrive at the scene. In addition to these emergency calls, Deschutes County 911 also answers and processes all non - emergency calls for service. The 911 Service District's current taxing authority is a tax base of $0.16 per 1000, passed by the voters in 1994, as reduced by Measure 50 in 1997. A four year operating levy expired in July 2007, which has left a significant shortfall in the budget. Approval of this measure would allow 911 to raise sufficient revenue to continue operations at current levels, provide space for additional dispatchers, and make necessary technology improvements to enhance efficiency of the public safety agencies within Deschutes County. This five -year local option tax would expire at the end of fiscal year 2012 -2013. If approved, the cost of this local option tax would be $ .23 cents per thousand dollars of assessed value. The tax impact of this measure on a home with an assessed value of $250,000.00 would be $57.50 per year. Person responsible for the content of the Explanatory Statement (Typed) Dennis R. Luke, Chair (Signed) X Deschutes County Board of County Commissioners Name of the Governing Body person represents Explanatory Statement (2/07) Financial Assistance Advisory Committee Givens. These items have been reviewed, peer- reviewed and accepted by the Department of Environmental Quality and the Board of Commissioners. Further discussion of these items is not within the committee purview: • The groundwater underlying southern Deschutes County is the primary source of drinking water for the residents of the region. • Scientific investigations conducted by the Oregon Department of Environmental Quality and the United States Geological Survey, published in the Journal of Hydrology, found that the groundwater underlying southern Deschutes County is threatened by conventional onsite wastewater treatment systems (formerly called septic systems). • The Oregon DEQ has determined that a public health hazard exists and that groundwater protection actions need to be taken (doing nothing is not an option). • Sampling to date has shown that contaminant plumes exist in the aquifer that exceed the federal safe drinking water standard for nitrate and Oregon's standard for groundwater quality protection. • The County owns assets worth an estimated $35 million that are dedicated to solving the groundwater pollution problem identified in southern Deschutes County. Purpose / Guidance / Questions: The purpose of the advisory committee shall be to provide a recommendation to the Board of Commissioners for a program to assist property owners financially to implement groundwater protection measures. • How can the county's resources best be used to help homeowners implementing groundwater protection measures? • Should any financial assistance be available for development on vacant land or should all financial resources target existing development? • Should property owners who hold approvals for conventional systems be compensated for having to install an ATT system? • What population should receive the bulk of financial resources? All low income? Some to middle income? Some available to all income levels? • What proportion of the funds should be available as loans that are paid back (and so can be used again) or grants? • Should loans or grants cover 100% of the costs of the groundwater protection measures or should the homeowner have some cost share or some kind of sweat equity? Or should a set amount be available for all property owners? • Should the county provide long term, cost deferred loans? • Should financial programs focus on groundwater protection measures completed at the time of property sale? • Should incentives be offered that would motivate people to implement groundwater protection measures sooner rather than later? If so, what should those incentives be? • Are there reasons to focus financial assistance geographically? For instance, areas that are closer to rivers or areas of denser development? If so, what form would that take? • Should the county resources be used to finance feasibility studies of sewer districts and other alternatives or should financial resources target septic upgrade and replacement only? Revisions to Proposed Rule Response to comments on initial draft February 6, 2008 Staff proposes two major changes to the draft rule: 1. Other approaches: a. Identify sewer as a possible alternative b. Identify mechanisms for other technologies or processes 2. High groundwater lots: establish a sunset date for the siting criteria Summary of comments received during public testimony • Sewer should be available as an option o Existing state rules govern the creation or expansion of sewer systems in Oregon o Staff proposes to revise the proposed rule and the staff report to reference the existing state rule process related to creating or expanding sewers • Development of high groundwater lots o DEQ suggests a sunset clause for the County's siting standards which limit development in high groundwater areas. The proposed sunset date is three years from the effective date of the proposed rule, if adopted o CDD has applied for grant funds from DLCD to fund a proposed work program related to development in high groundwater areas and has obtained feedback from DLCD that at least a portion of the work program will be funded o CDD will apply for a grant for additional funding from US EPA for refined wetland mapping and protection to complement the DLCD funding o Staff proposes to revise the original staff report to reflect that DLCD will be involved in this work program • The science doesn't support the need to take action o US Geological Survey has published reports showing that the groundwater is becoming contaminated by discharges from conventional onsite wastewater treatment systems and that the use of a variable treatment standard for existing systems will protect groundwater o The Oregon DEQ has issued a declaration that conventional onsite systems are contaminating the groundwater to the extent that a public health hazard is being created • The proposal costs too much, especially for low or fixed income residents o BOCC has established the Financial Assistance Advisory Committee to help identify additional methods and programs to help offset the costs of protecting groundwater quality o The County owns assets worth an estimated $35 million that have been earmarked for protecting groundwater quality o The County established the Pollution Reduction Credit program (now operational) to provide one way to offset the costs of upgrading onsite systems o The County is actively partnering with Neighborlmpact to seek Community Development Block Grants for Deschutes County to assist with home improvement costs (including onsite system upgrades)