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HomeMy WebLinkAbout2008-08-13 Work Session Minutes 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 13, 2008 ___________________________ Present were Commissioners Dennis R. Luke and Tammy Melton; Commissioner Michael A. Daly was out of the office. Also present were Dave Kanner, County Administrator; Tom Anderson, Barbara Rich, Todd Cleveland, Peter Gutowsky and Dennis Perkins, Community Development; David Givans, Auditor; Erik Kropp, Deputy County Administrator; Scott Johnson, Mental Health Department; Anna Johnson, Communications; David Inbody, Assistant to the Administrator; Susan Ross, Property and Facilities; Ruth Jenkin, Jail; and five other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Request from La Pine Parks & Recreation District for Financial Assistance. Tony DeBone from La Pine Parks and Recreation District, and two other people representing La Pine Frontier Days and the Christmas Basket Association came before the Board. The building they are using, which historically was the La Pine School, requires at least $9,000 worth of work so that it can be used for their purposes. $5,000 of this is for electrical work. Tom Anderson said that a letter was issued to the District indicating the work that needed to be done before they could use the facilities for events. Most of the work has been completed but a few issues need to be addressed. There are other changes that need to be done in the near future. Commissioner Luke said he could provide $5,000 from lottery grant funds, to include permit fees. Mr. Kanner thought the need was for $9,000, and perhaps that can come from the business loan fund, which can be repaid out of the tax base if it passes this fall. Mr. DeBone said that if it does not pass, they would likely have to shut down the building. Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 1 of 8 Pages Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 2 of 8 Pages LUKE: Move $5,000 come from Commissioner Luke’s lottery funds. MELTON: Second. VOTE: MELTON: Yes. LUKE: Chair votes yes. LUKE: Move that the Administrator to move forward with a business loan for the balance of the $9,000, with some flexibility on the amount. MELTON: Second. VOTE: MELTON: Yes. LUKE: Chair votes yes. 2. Public Affairs Counsel – Legislative Update. Mark Nelson and ? updated the Board on legislative actions and asked what the County’s additional priorities are. They feel there will be at least two more democrats in office after the election. Federal tax deduction would be worth about $1.2 billion to the general fund. The Sizemore measure relating to home improvements under $35,000 would not require permits. The building trades and Realtors will campaign against this as a safety issue. The Mannix measure, mandatory prison sentences and an alternative legislative measure will both cost a lot of money, but the Mannix measure would be far more costly in the long term. The open primary is on the ballot as well. The litigious lawsuit measure did not make it. The double majority issue will be on the ballot, also. Limited document recording fees for affordable housing has been approved by the Governor. A lot of ideas have come up to try to address the federal timber funding loss. A real estate transfer tax was proposed, but probably the votes are not there now. A coalition of industry experts has been formed to develop a long-term view of the affordable housing issue. At this point local governments cannot impose a real estate transfer tax. Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 3 of 8 Pages Mr. Kanner said that the State has a nonpoint source pollution control facilities tax credit that does not include septic systems. A change in the law to apply this to alternative technology systems would be helpful. Gene Whisnant has been opposed to the local rule, so this would give him something constructive to do. Commissioners Melton and Luke do not think he would take this on. They thought that this would be better coming from the Governor. Mr. Kanner gave an overview of the groundwater study and history of the issue for the benefit of the attendees. There are about 11,000 lots in the area and about 6,500 of them are developed in some fashion. There are federal dollars available for low-income residents and the County has some funds dedicated in this regard. He said that being able to get the tax credit would pay for most of the cost of the upgrades required. The DEQ declared that there was an imminent danger to the groundwater, which makes it easier for neighborhoods to look into putting in sewer systems. The tax credit typically goes to farmers and people raising livestock, for parking lots and similar structures, and for equipment that affects air quality. Mr. Kanner asked if there is a way to get a totally new tax credit just for southern Deschutes County. Barbara Rich said that other counties are using the ATT systems now as well. Mr. Kanner added that it would be best if DEQ would get on board in support of this idea. Commissioner Luke said that several locations have failing intersections which is stifling job creation in those areas. ODOT has no funds to pay their share. They in effect put a moratorium on new construction but don’t have the mandate to get those off, and don’t have the funds to pay their share. Another option is to remove the moratorium since it only affects those intersections a few hours a day at most. Mr. Kanner said that the fix for the Redmond location is $230 million, for instance. The County can pay part, but definitely not all. Commissioner Melton stated that in regard to the ten-year plan to address homelessness, Project Connect said that a big component is medical needs. However, there seems to be a big concern regarding liability. Erik Kropp replied that there is a waiver form for doctors to complete that go to the State Medical Board. Commissioner Melton said that the medical team still seems to be concerned about potential liability. Mr. Nelson stated that there is a program to provide liability insurance for doctors working in rural areas; perhaps these teams can tie into that. Mr. Kropp said that Volunteers in Medicine has been able to get an umbrella type of coverage. Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 4 of 8 Pages A bill may be presented requiring pharmacists to take back and destroy drugs. There are complications especially when these involve controlled substances. And most drugs that end up in the water table get there after they have been taken by people, not because they are dumped down the drain. Mr. Kanner feels that advisory boards that have no fiduciary obligations should not be subject to the ethics law revisions that are contemplated. Commissioner Luke asked if there would be changes in the laws regulating destination resorts. Mr. Nelson said the pendulum swings back and forth and the opinion seems to be if it isn’t in someone’s back yard, they don’t care. It will be up to the counties that are affected to find some balance. Mr. Kanner said that in his opinion, tort liability limits and the tax credit are big issues. The County also has to be at the table for the Skyline Forest issue but can’t take an active role. 3. Discussion of Intent to Award Contract Letter for a Construction Manager/General Contractor for the Adult Jail Expansion Project. Susan Ross said J. E. Dunn and Kirby Nagelhout are the contenders for the project. She presented a summary sheet indicating the fees and work to be done. Both are very qualified. J. E. Dunn has more jail experience but Kirby Nagelhout’s quote is less. Scott Steele said Kirby was his first choice. ? said he chose Dunn because of the experience factor. Dunn indicated they would be willing to waive certain fees to bring the cost down. Ruth Jenkin likes the experience of Dunn. ? stated that at the interviews, both companies did well. But it is a tough choice because of the money factor. Ms. Ross said that Kirby has a lot of local experience and this should be considered as well. Erik Kropp recommended going with the low bid. David Inbody recommended the most experienced firm. David Givans said the amount of the difference is not small so he recommended the low bid. Commissioner Luke said that having one with more experience helps to limit the time the County has to work on it. Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 5 of 8 Pages Commissioner Melton said that either is a risk, as the funding is not assured. However, she is leaning towards using Kirby; they are local, and she is not hearing that they are not capable of doing the work. Also, there would be a cost savings, and there is no guarantee there won’t be overruns with Dunn. Commissioner Luke said that spending over $400,000 additional cannot be justified at this point, but there has to be good communications between all parties during the process. MELTON: Move signature of a notice of intent to award contract letter to Kirby Nagelhout. LUKE: Second. VOTE: MELTON: Yes. LUKE: Chair votes yes. Commissioner Melton said that if other field trips are needed, or if others need to be contacted for ideas or help, she wants that to happen. 4. Update on Jail Planning Project. This will be addressed at the Monday, August 18 5. Sunriver Sewer District – Feasibility Study Proposal. Tom Keith, Dick Nichols, Terry Penhollow, June Rainey, Eric Nigg of DEQ, Steve Runner, Todd Cleveland and Peter Gutowsky came before the Board. Tom Anderson said that this item has been discussed with the Financial Assistance Committee and others. Dick Nichols of Newton Consultants for Sunriver said that there is interest at DEQ and from others regarding extending the sewer system in areas around Sunriver. At this time there is a window of opportunity at Sunriver as the have received a mandate from DEQ to update their sewer system. Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 6 of 8 Pages Concurrently the legislature has authorized the Water Resources Department to grant funds for water storage and reuse; this requires a 50% match. They could apply for the grant, add the reuse option and extend the sewer to the south. Treatment would increase to level four; there are now five levels. Class A effluent can be used for drinking water purposes. The grant application must be submitted by September 2. It requires a 50% match and the source of that match has to be secure. They asked the County for the match portion in the amount of $75,000. It would be more cost effective to redo the plant where it is and not move it, but in the interest of the area it could be moved. (They referred to an oversized map at this time.) He asked that the County staff help with some of the grant preparation work and feasibility study if they get the grant. Mr. Anderson said they haven’t talked about the level of participation yet. Mr. Nichols said they need to look at areas that seem to be reasonable and practical. The application will need to show the different steps and the costs involved, and where funding would come from. Mr. Nigg of DEQ supports opportunities for sewering parts of south County, including extending the timeframe if it looks like there is some feasibility. This would allow planning for this to move forward. Commissioner Melton said the department is struggling staff-wise already and it would be hard to commit staff to another big project. Mr. Anderson stated that he doesn’t know what level of help might be needed and the timeframe involved. Commissioner Luke said they want a letter of support from the County, and also a commitment for $75,000. Mr. Anderson stated that the committee recommends there should be some level of commitment from the people who may be served by the sewer extension, including monetary. There is not enough time to get any kind of financial commitment but the Commissioners need to know whether the community affected feels it is a viable alternative. Commissioner Luke stated that Sunriver has to make a decision on which way they should go. But this is different from setting up a district. Commissioner Melton said that they are seeking in-kind help, but also need funds. Minutes of Administrative Work Session Wednesday, August 13, 2008 Page 7 of 8 Pages Commissioner Luke wants to support their efforts but the money could end up being considerable, as could staff time. He wants more information on what the cost share might be if they get the grant. Commissioner Luke advised the group that the Commissioners would write a letter. He is not sure about how much staff time would be available. The Commissioners are not ready to provide $75,000 at this point. He wants them to get others involved and negotiations to take place on the cost share portion, perhaps with Sunriver or the adjacent communities. He wants to make sure the others are committed to cooperating. Commissioner Melton said she does not want to make it too difficult on them, since they may not want to include others in the plan and may just want to make the necessary changes only for Sunriver. Mr. Penhollow pointed out that if the application fails, it would have been wasted money for Sunriver since it primarily would be for the benefit of outlying communities. Mr. Anderson asked Eric Nigg of DEQ if they have any discretionary funds for this purpose; he said that he didn’t think anything was available. Mr. Anderson asked exactly what assistance they are looking for. Mr. Nichols said help with planning would help. He will talk with Sunriver representatives about a strategy. 6. Update of Commissioners’ Meetings and Schedules. None were discussed. 7. Other Items. None were discussed. Being no further discussion, the meeting adjourned at 4:45 p.m.