WASHINGTON COUNTY BOARD OF COMMISSIONERS WORK SESSION REVISED (01/10/20)

PUBLIC SERVICES BUILDING | ROOM 120D JANUARY 14, 2020

8:30 a.m. 1. Board of Commissioners and Leadership Staff Communication (15 min.) LINK: Here Together Letter

8:45 a.m. 2. Discussion of Formal Agenda Item (5 min.)

8:50 a.m. 3. Equity Resolution Review (30 min.) -Johnell Bell, Espousal Strategies

9:20 a.m. 4. Transit Development Plan Update (30 min.) -Chris Deffebach, Senior Policy Analyst, Land Use & Transportation; Rebecca Miller, DAVS Program Supervisor, Health & Human Services; and Julie Wilcke Pilmer, Chief Executive Officer, Ride Connection

10:00 a.m. CONVENE FOR REGULAR BOARD MEETING

RECONVENE 10:30 a.m. 5. Update on Library & Public Safety Levies (90 min.) - Erin Calvert, Deputy County Administrator; and Lisa Tattersall, Manager, Cooperative Library Services

12:00 p.m. LUNCH BREAK

RECONVENE 1:00 p.m. 6. County Code 3.08 – Transient Lodging Tax Revision (15 min.) -Jack Liang, Interim Director of Support Services/Chief Finance Officer

1:15 p.m. 7. Employer of Choice Overview & Employee Survey (45 min.) -Jack Liang, Interim Director of Support Services; and Philip Bransford, Communications Officer

2:00 p.m. 8. CWS/USFWS Wapato Lake National Wildlife Refuge Tree for All Partnership Briefing (30 min.) - Bruce Roll, Watershed Management Director; Larry Klimek, Refuge Manager, Tualatin River National Wildlife Refuge; Wapato Lake National Wildlife Refuge; Mark Jockers, Government & Public Affairs Director; and Carol Murdock, Business Practice Leader 1 – Integrated Planning

2:30 p.m. 9. Pretreatment 101 (30 min.) -Robert Baumgartner, Director; and Joy Ramirez, Environmental Services Supervisor of Regulatory Affairs, Clean Water Services THIS PAGE IS INTENTIONALLY BLANK WORK SESSION|ROUNDTABLE Item #3

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Session Date: January 14, 2020 Length of Time Requested: 30 minutes Title of Topic: EQUITY RESOLUTION REVIEW Department: Board of County Commissioners Presented by: Johnell Bell, Espousal Strategies Name(s) & Title(s)

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: Powerpoint slideshow Recommendations

PURPOSE & DESIRED OUTCOME: To provide the Board of Commissioners an overview of the Equity Resolution and to review their input and feedback. To provide the Board of Commissioners a timeline to adoption of resolution on February 25.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: Are there changes the Board would like to see to the Equity Resolution?

SUMMARY OF TOPIC: After two years of extensive community engagement and relationship-building, the Coalition of Communities of Color released its “Leading with Race: Research Justice in Washington County” report in the fall of 2018. Following the report’s release, the County’s Think Tank produced a series of equity- related recommendations which were presented to the Board on March 19, 2019.

In August 2019, the County hired Espousal Strategies to: 1. Enrich the leadership capacity of the Board and department heads with executive coaching, including an assessment of the current leadership’s capacity for advancing diversity, equity and inclusion. 2. Recommend additional leadership-development opportunities for the Board. 3. Provide technical assistance that supports the Board’s creation of a County-wide equity resolution and policy. 4. Assist the Board as it develops criteria for its request for proposal(s), and assessment and selection of the consultant(s) who will deliver an organizational assessment of the Washington County government and provide specific policy, budget and staffing recommendations to the Board. SUMMARY OF TOPIC: During the Board’s October 17th Round Table, Espousal Strategies worked with the Board to generate key policy elements and intentions for this draft Equity Resolution. That process was in addition to one- on-one meetings with the Chair and Commissioners, conversations with internal and external stakeholders, and a review of Equity resolutions and programs throughout the region and nation.

Based on Board and other input, Espousal drafted an Equity Resolution and addenda, and the draft Community Engagement Plan. The Board had a first look at this resolution on December 10, 2019. This will be an opportunity for the Board to hear a summary of feedback from their fellow Commissioners, to comment on the resolution, and provide direction to the consultant team.

Washington County Diversity, Equity & Inclusion Initiative

Board Meeting January 14, 2020 Overview

• Review suggested changes • Review timeline and next steps Key Roles for the Board

• Provide and model . Hire a CAO with extensive, organizational leadership documented experience implementing equity and • Create and implement the inclusion in a similar-sized guiding policy organization • Use an equity lens to review, . Ensure the organization is assess, and select initiatives, accountable to its community programs, and practices . Seek and reflect community feedback Progress to date

. Interviewed Chair and each Commissioner to assess DEI leadership capacity . Conducted structured interviews with the: • (Acting) Deputy County Administrative Officer • Manager, Office of Community Engagement • Chief of Staff, County Chair’s Office . Delivered an executive coaching and facilitative leadership session to the Board . Gathered Board- and DEI-related feedback from the staff Equity Committee . Presented the County’s DEI initiative at a County Lunch & Learn session Progress to date

. Convened roundtable of leaders from culturally-specific Community Based Organizations (CBOs) on December 9, 2019 . Attended County leadership team meeting on December 5, 2019 . Board presentation and discussion on resolution on December 10, 2019 Overview of Board feedback

• Board supportive of the resolution • Ongoing discussions regarding fiscal implications of office, new positions • Some recommended changes Recommended Changes Section Original language Suggested language Proposed language action revision Page 1. Last Whereas, the government of Washington Whereas, the government Keep original language. whereas County is committed to dismantling long- of Washington County is Important that the County is standing systems, programs, policies, and committed to creating intentional and calls out practices that have, unintentionally or not, systems, programs and inequities. created and continue to cause harm to policies that will people of color, members of ethnic significantly enhance communities and any marginalized group; opportunities for people and of color, members of ethnic communities and marginalized groups, and

Page 2, first Whereas, the Washington County Whereas, the Washington Accept suggested revision. Whereas government has yet to ensure that its staff County government is Revision is an improvement in frontline and management roles mirrors committed to ensuring to original language. the population of the community it serves. that its staff in frontline and management roles mirrors the demographics of the community it serves. Section Original language Suggested language Proposed language action revision Page 2, fifth Whereas, Washington County …with taxpayer funds "and Accept suggested revision. Whereas government procures goods and will implement policies to Revision is an improvement to services through the issuance of ensure that minority and original language. contracts and purchase orders with women owned businesses taxpayer funds yet does not know if have equal access to these Whereas, Washington County enterprises owned by minorities or contracting and purchasing government procures goods and women are accessing these opportunities. services through the issuance of contracting and purchasing contracts and purchase orders opportunities. with taxpayer funds and will implement policies to ensure that minority and women owned businesses have equal access to these contracting and purchasing opportunities. Section Original language Suggested language Proposed language action revision page 3., 2-a. Allocate and provide the resources is budgeted sufficiently to Proposed new revised language needed to advance diversity, equity, meet the needs and based on feedback that attempts and inclusion in Washington County, demands of implementing a to remove subjectivity. and ensure the County’s new Office DEI program for a growing of Equity, Inclusion and Community Washington County Allocate and provide the resources Engagement receives a budget needed to advance diversity, equity, and inclusion in commensurate with those of equity Washington County, and ensure and inclusion offices for counties the County’s new Office of Equity, with similar populations and Inclusion and Community numbers of employees. Engagement is resourced sufficiently to effectively achieve the goals of this resolution. Resolution Next steps

. Community forums: . Monday, January 13—6-8 p.m.: Hillsboro Brookwood Library . Tuesday, January 21—6-8 p.m.: Virginia Garcia . Final draft considered by board on February 11, 2020 . Considers staff and community input . Final resolution and vote considered by board on February 25, 2020

Washington County DEI Resolution Recommended Board Revisions

Section Original language Suggested language revision Proposed language action

Page 1. Last Whereas, the government of Whereas, the government of Washington Keep original language. whereas Washington County is committed to County is committed to creating systems, Important that the County is dismantling long-standing systems, programs and policies that will significantly intentional and calls out programs, policies, and practices enhance opportunities for people of color, inequities. that have, unintentionally or not, members of ethnic communities and created and continue to cause harm marginalized groups, and to people of color, members of ethnic communities and any marginalized group; and

Page 2, first Whereas, the Washington County Whereas, the Washington Accept suggested revision. Whereas government has yet to ensure that County government is committed to Revision is an improvement to its staff in frontline and ensuring that its staff in frontline and original language. management roles mirrors the management roles mirrors the population of the community it demographics of the community it serves. serves. Page 2, fifth Whereas, Washington County …with taxpayer funds "and will implement Accept suggested revision. Whereas government procures goods and policies to ensure that minority and women Revision is an improvement to services through the issuance of owned businesses have equal access to original language. contracts and purchase orders with these contracting and purchasing taxpayer funds yet does not know if opportunities. Whereas, Washington County enterprises owned by minorities or government procures goods women are accessing these and services through the contracting and purchasing issuance of contracts and opportunities. purchase orders with taxpayer funds and will implement policies to ensure that

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minority and women owned businesses have equal access to these contracting and purchasing opportunities. page 3., 2-a. Allocate and provide the resources is budgeted sufficiently to meet the needs Proposed new revised needed to advance diversity, equity, and demands of implementing a DEI language based on feedback and inclusion in Washington program for a growing Washington County. that attempts to remove County, and ensure the County’s subjectivity. new Office of Equity, Inclusion and Community Engagement receives a Allocate and provide the budget commensurate with those resources needed to advance of equity and inclusion offices for diversity, equity, and inclusion counties with similar populations in Washington County, and and numbers of employees. ensure the County’s new Office of Equity, Inclusion and Community Engagement is resourced sufficiently to effectively achieve the goals of this resolution.

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WORK SESSION|ROUNDTABLE Item #4

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Session Date: January 14, 2020 Length of Time Requested: 30 minutes Title of Topic: TRANSIT DEVELOPMENT PLAN UPDATE Department: Land Use & Transportation Presented by: Chris Deffebach, Senior Policy Analyst, Land Use & Transportation; Name(s) & Title(s) Rebecca Miller, DAVS Program Supervisor, Health & Human Services; Julie Wilcke Pilmer, Chief Executive Officer, Ride Connection

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: • PowerPoint presentation to be provided at Work Session • Ride Connection Services provided for public transportation in Washington County, handout attached PURPOSE & DESIRED OUTCOME: • Review previous actions and current efforts to implement the County’s element of the three- county Public Transportation Improvement Plan • Review current approach to providing elderly and disabled transportation services in the County and potential changes associated with proposed consolidation of funding for the Special Transportation Fund (STF) for elderly and disabled services with the Statewide Transportation Improvement Fund (STIF) for public transportation. • Review schedule and process for preparation of the County’s element of the three-county Public Transportation Improvement Plan for next biennium.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: • What additional information and input would the Board like to have to support the plan development process?

SUMMARY OF TOPIC: The state legislature established a Statewide Transportation Improvement Fund (STIF) using revenue from a new employee payroll tax to increase or enhance existing transportation service statewide with adoption of House Bill 2017. The legislation designated TriMet as the Qualified Entity with responsibility for preparing the transit plan for the three-county area, including the area of Washington County outside of the TriMet district boundary. TriMet established the HB 2017 Transit Advisory Committee to advise and assist the TriMet Board in developing the plan. Commissioner Rogers represents the Board on this committee. At TriMet’s request, the County established a committee (MO 18-100) to advise TriMet’s HB 2017 Transit Advisory Committee on a plan to: • Serve areas in Washington County that are outside the TriMet district; • Connect Washington County areas outside the TriMet district to TriMet service; and • Make first/last mile connections within the county and the TriMet district.

(continued)

SUMMARY OF TOPIC: The recommendations from the County’s transit advisory committee were approved by the TriMet Board as part of TriMet’s three-county Public Transportation Improvement Plan (PTIP) which was approved by the Oregon Transportation Commission (OTC) in 2019 for the FY19-21 biennium. The Board selected Ride Connection as Washington County’s public transportation service provider to implement Washington County’s element of the 3-county plan and advanced funding for the North Hillsboro shuttle expansion (RO 19-057). The Board later entered into an IGA with TriMet for the full scope of the PTIP and approved an agreement with Ride Connection for its implementation (RO 19-193). Service operation, vehicle procurement and public engagement are underway per the agreements.

TriMet’s HB 2017 Transit Advisory Committee is scheduled to prepare the three-county Public Transportation Improvement Plan for the next biennium by October 2020 for approval by the TriMet Board and submission to the OTC. For the next biennium, the County is required to prepare a Transit Development Plan (TDP) for approval by the Washington County Board that specifies proposed transit projects and priorities, among other elements. This TDP was not required for the first submission as the County was able to reference transit policies in adopted plans.

In addition to this change, in 2019, the state legislature directed ODOT to replace general funding for Special Transportation Fund (STF) for elderly and disabled services with funding from STIF and consolidate STF and STIF on an ongoing basis. With input from a STF/STIF Consolidation work group, the OTC recommended two alternative consolidation approaches to the State legislature for consideration in 2020.

Special Transportation Funds for elderly and disabled services have historically been allocated through an application process directed by TriMet. All services provided through these funds are required to align with the TriMet Coordinated Transportation Plan for Seniors & Persons with Disabilities (CTP). TriMet appoints a Special Transportation Funds Advisory Committee (STFAC) to develop the CTP and recommend grant distributions to meet transportation needs of seniors and/or persons with disabilities. The Washington County Area Agency on Aging Director (DAVS Program Supervisor) is a member of the STFAC. The STFAC is expected to continue to have a role with the consolidation though specifics have not yet been defined.

With funding from STF, Ride Connection contracts with TriMet and other transit partners directly to serve the needs of Washington County residents and provide coordination and support for the transportation network in Washington County and the region. They work with partners to provide life-sustaining trips and hand-to-hand services for older adults and people with disabilities in Washington County. Additionally, Ride Connection receives STF dollars that are paired with services provided by Aging & People with Disabilities to match federal Medicaid dollars to provide non-medical transportation to Medicaid-eligible older adults and people with disabilities in Washington County. The STF/STIF consolidation will allow for continued contracts with private non-profits such as Ride Connection but details have not been worked out.

(continued)

SUMMARY OF TOPIC: As the Area Agency on Aging for Washington County under the Older Americans Act, Disability, Aging and Veteran Services (DAVS) is a key stakeholder in this work, responsible for fostering the development and implementation of comprehensive and coordinated systems to serve older adults. In 2020, DAVS will be conducting a needs assessment in preparation of the 2021-2024 Area Agency on Aging Area Plan.

The consolidation of STF and STIF will lead to closer coordination between LUT and HHS in meeting the transportation needs of our elderly and disabled populations and the general public. The changes also have implications for the County Transit Advisory Committee’s charge and potentially its membership. At the work session, staff will outline a schedule for seeking Board input to respond to these changing needs and prepare for funding for the next biennium.

THIS PAGE IS INTENTIONALLY BLANK Public Transportation Service Update

Board of Commissioners Work Session Jan. 14, 2020 Objectives • Recap County public transportation provider role • Share needs of older adults and people with disabilities • STF/STIF consolidation overview • Outline process to develop plan for the next biennium

• Seek Board input on process 2 Public transportation services

3 Area Agency on Aging

• Coordinate/collaborate to provide programs and services that meet needs of older adults • Older Americans Act & Oregon Project Independence (OAA & OPI) • Community-based services: Information & referral, access to benefits, options counseling, nutrition, elder abuse prevention, falls prevention, transportation 4 Unique barriers to transportation

• Cost • Cognition • Language • Safety • Geography • Scheduling

5 Services for older adults and people with disabilities Ride Connection serves: • Older adults and people with disability who aren’t able to access fixed-route transit service due to ability or geography • Network management (i.e. driver training, fleet management, compliance oversight, etc.)

6 Public transportation services

Ride Connection provides: • Shuttle service – Forest Grove, Tualatin, North Hillsboro expansion – Cooper Mountain area shuttle planning • Adjacent county transit coordination • Demand-response supplement • Rural work force service • North Plains/Banks service expansion

7 Statewide Transportation Improvement Fund (STIF) • Established in HB 2017; employee payroll tax • Funds public transportation to: – Increase service to low-income populations – Reduce service fragmentation • Collection began July 2018 for FY 19-21 • Revenue allocated by payroll generated • Provides about $250,000/year for Washington

County outside TriMet and SMART districts 8 Special Transportation Fund (STF)

• Increase mobility for older adults and people with disabilities • TriMet receives/distributes STF funds from state • Leverages federal funds • Coordinated Transportation Plan for Elderly and Disabled developed with Special Transportation Funds Advisory Committee (STFAC) • 2019 Legislature proposed consolidation with STIF; replace general fund 9 Special Transportation Fund Advisory Committee (STFAC) • Develop and update coordinated plan (currently updating) • Tri-County representation, consumers, advocates, providers, DAVS • RFP development, review, and rating of applicants • Make recommendation for funding distribution to TriMet board • Federal 5310, STF and STIF funds 10 Public Transportation Improvement Plan process

11 FY 19-21 tri-county allocation

12 For next biennium

Prepare Transit Development Plan (TDP) • Identify projects and priorities • Adopted by Board Reconvene Transit Committee • Reappointments • Refine bylaws/charge

13 County Transit Committee

Requested by TriMet to develop plan to: • Serve areas outside TriMet district • Connect areas outside TriMet district to TriMet services • Make first/last mile connections within the county and TriMet district Submits to HB 2017 Advisory Committee

14 County Transit Committee

Current Board appointments: • Mayors of Banks, Gaston and North Plains • Hillsboro Chamber (shuttle experience) • Centro Cultural • CPO representative • Washington County Health and Human Services • Ex-officio members: TriMet, SMART, Ride Connection

15 Potential committee revisions

• Revise charge: recommend to Board for Transit Development Plan (TDP) • Membership: add older adult or person with disability, potentially other rider perspective • Bylaws: formalize, include term limits • Solicitation process: clarify 16 2020 Board actions/input

• Committee bylaws, appointments (spring) • Review draft TDP (summer) • Approve TDP (fall) • Input to HB 2017 Transit Advisory Committee on Tri-County Public Transportation Improvement Plan (through October) 17 County transit planning elements

18 Questions? Input?

Thank you

Rebecca Miller, HHS/DAVS Chris Deffebach, LUT Julie Wilcke Pilmer, Ride Connection

19 THIS PAGE IS INTENTIONALLY BLANK

Public Transportation Improvement Program (FY19-21) Washington County has contracted with Ride Connection to deliver public transportation improvements associated with the first wave of Statewide Transportation Improvement Fund (STIF) formula and discretionary funding for FY19-21. Washington County is projected to receive $3.5 million over the biennium, much of which will be used to improve or expand Ride Connection’s network of first and last-mile transportation options. The projects listed below were endorsed by the Washington County Transit Committee (comprised of elected officials, business and community leaders and stakeholders) and subsequently adopted into the tri-county public transportation improvement plan. Ride Connection is in the early planning and project development stages to determine specific service improvements to best meet community needs. Washington County Transit Committee will be invited to review performance of funded services and advise on service proposals for the next biennium. Rural and Inter-regional Projects Inter-regional coordination Ride Connection will coordinate with Tillamook, Yamhill and Columbia County transit to improve frequency, reliability, and transfers between services. This will inform expansion planning for Ride Connection’s community connector shuttles.

Westlink expansion A deviated fixed-route shuttle that connects Forest Grove, Banks, North Plains, and central Hillsboro. The service currently operates Monday-Friday, with one morning and one evening run daily. Expansion details: • Two additional roundtrips on weekdays. • Possible expansion to Saturday and Sunday service. • Possible modification of route. • Estimated date of implementation: November 2019

Rural demand-response expansion Ride Connection operates a general public demand response connecting areas outside TriMet’s district to urbanized Washington County as far east as 185th Avenue. Trips must be rural<—>urban, and trip- chaining is not allowed between urban destinations. Expansion details:

• Additional urban to rural connections. • New rural to rural connections and urban trip-chaining. • Extending service boundary to access medical services and shopping. • Purchase of 1-2 electric sedans. • Estimated date of implementation: November 2019

August | 2019 Ride Connection may introduce new rural transportation options, possibly including vanpools, shopping shuttles, microtransit, or other modes. Planning will occur alongside expansions for Westlink and demand-response, and is expected to be completed in Winter 2019-20

Rural employment transportation Provide public transportation to meet farm, nursery, and other rural workforce needs. This could take the form of vanpools, shared-ride, shuttle service, or microtransit, and planning and implementation will occur in 2021.

Regional Coordination Projects

Project Contact North Hillsboro Link expansion John Whitman, Lead Service Planner A deviated fixed-route shuttle that connects Orenco Station (503) 201-2489 to the North Hillsboro employment area. In October 2018 the [email protected] service expanded to run 7 days/week, and STIF will provide continued funding for the expansion.

Grovelink expansion A deviated fixed-route shuttle that runs two loops covering the majority of Forest Grove. The service currently operates Monday-Friday, performing 18 runs from morning until evening. Expansion details: • New weekend service on Saturday and/or Sunday. • Expanded hours • Possible modification of route • Estimated date of implementation: Winter 2019

Tualatin Shuttle expansion A deviated fixed route shuttle connecting the Tualatin WES station to residential and employment areas around town. The service currently operates Monday-Friday, performing an east and west loop each at 16 runs per day. Expansion will include two additional operating hours per day. Planning and implementation will take place in 2020.

South Beaverton Shuttle Planning Coordination with City of Beaverton and public outreach to plan for a public shuttle in the SW Cooper Mountain area.

Community Transit and Demand Response System Technology Improvements Washington County on behalf of Ride Connection was awarded $324,768 to upgrade technology on first/last mile connectors. Technology purchases, such as cameras, passenger counters, and GPS, will allow for better route management and dispatch, greater safety and security, and improved performance measurement and reporting.

August | 2019 WORK SESSION|ROUNDTABLE Item #5

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Session Date: January 14, 2020 Length of Time Requested: 90 minutes Title of Topic: UPDATE ON LIBRARY & PUBLIC SAFETY LEVIES Department: County Administrative Office Presented by: Lisa Tattersall, Manager, Cooperative Library Services, and Name(s) & Title(s) Erin Calvert, Deputy County Administrator, County

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: PowerPoint Presentation Library Proposal draft

PURPOSE & DESIRED OUTCOME: The purpose: to update the Board on the draft proposal for the Library Levy, to discuss variant approaches for the Public Safety Levy & to clarify next steps for Commissioners to meet target dates.

Desired outcome: to gain Board support of the framework for both proposals so that they may be considered for formal adoption at the Board’s Regular Business Meeting on January 28, 2020.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: Does the Board have enough information to consider formal adoption of the proposals for the Library and Public Safety levies?

SUMMARY OF TOPIC: The Board has had several Work Session briefings about the goals, voter support and financial plans for both the Library and Public Safety local option property tax levies. This Work Session is intended to give the Board an overview of staff proposals for each levy.

With respect to the Library Levy, the staff proposal would continue providing current library services throughout the 13-member cooperative under the same rate of $0.22 per $1,000 of assessed value. The renewed levy would support almost 8,000 annual children’s reading events; help pay for book purchases and other materials that all library users throughout the county have access to; and help to maintain open hours and avoid cuts in operations for libraries throughout the cooperative system.

With respect to the Public Safety Levy, each Commissioner will have had a briefing on the Public Safety Local Option Levy between January 8th & January 13th to review the variant approaches to the levy that reflect the current community need. This work session will continue that discussion.

(continued) SUMMARY OF TOPIC: There is agreement that a renewal to the Public Safety Levy is not sustainable given the fact that the cost to maintain the current level of service for the growing Washington County population has outpaced revenue growth under the current rate.

Recent and remaining steps in the process are outlined below with Board-related actions in bold:

Milestone Timing Briefing for Public Safety Coordinating Council January 17, 2020

Briefing for City and Special District Managers January 22, 2020

First Levies Stakeholder Meeting January 23, 2020

Formal proposal adoption by Board of January 28, 2020 Commissioners

Ballot title and explanatory statement adoption February 4, 2020 by Board of Commissioners

Briefing for Housing and Supportive Services February 5, 2020 Network

Speakers’ Bureau Training Early March 2020

Outreach material development and legal February to March 2020 compliance vetting

Public outreach until election day April to May 19, 2020

Public Safety & Library Levies

Proposals Discussion

Board Work Session January 14, 2020 Agenda

• Library Levy proposal overview • Public Safety Levy discussion • Next steps Library Levy Renewal FY 2021-22 through FY 2025-26 Proposed Library Levy Renewal

Proposed Levy: FY 2021-22 through FY 2025-26 Total five-year estimated levy revenue $85,309,183 Estimated revenue in first year (FY 2021-22) $15,671,897 Cost per $1,000 of assessed value $0.22 Estimated cost in first year for average home (FY 2021-22) $65.91 Estimated monthly cost in first year for average home (FY 2021-22) $5.49

Miscellaneous West Slope 1% Community Library 2%

WCCLS Infrastructure Levy & Support 40% 27% General Fund Operational Transfer Funding for 59% Libraries

Revenues 71% Expenditures Public Safety Levy Replacement FY 2021-22 through FY 2025-26 Safe Place Youth Sojourners Shelter Rapid Expansion Rehousing $.005 Housing and $.005 Employment Specialist

$.005

Enhancements to Public Safety & Justice District Attorney, Emergency Sheriff’s Office, Juvenile, Shelter Community Corrections Current Services $0.02

$.005 $0.45 Timeline

Milestone Timing Briefing for Public Safety Coordinating Council Jan 17 Briefing for City and Special District Managers Jan 22

Levies Stakeholder Meeting Jan 23 Formal proposal adoption by Board Jan 28 Ballot title & explanatory statement adoption Feb 4 Briefing for Housing & Supportive Services Network Feb 5 Speakers’ Bureau training Early March Outreach material development & legal vetting Feb to Mar Public outreach Apr-Mar

Election Day May 19 Bold = Board action/involvement Public Safety & Library Levies

Proposals Discussion

Board Work Session January 14, 2020

Contents Overview ...... 1 Background ...... 2 Library Cooperative Structure and Governance ...... 2 General Overview of WCCLS Revenues and Expenditures ...... 4 How are Washington County Libraries Used by Residents? ...... 5 Maintaining the Key Services of Public Libraries ...... 6 Innovations and Areas of Strategic Focus ...... 7 Core Library System Infrastructure Provided by WCCLS ...... 8 WCCLS Current Budget Allocations FY 2019-20 ...... 9 Financial Details for the Proposed Levy ...... 10 Estimated Total Revenue from all Sources: Current Levy and Proposed Levy ...... 10 Estimated Total Expenditure Allocations: Current Levy and Proposed Levy ...... 11 Strategic Increases in Investment for Proposed Levy ...... 11 Financial Summary: Current and Proposed Levy Cycles ...... 13 Tax History and Impact Summary ...... 14 General Financial Assumptions ...... 15

Overview This document recommends the renewal of the current library local option levy, which expires on June 30, 2021. The renewal of the levy would be for July 1, 2021 (FY 2021-22) through June 30, 2026 (FY 2025-26), at the same rate of $0.22 per $1,000 of assessed value.

The current levy provides 40% of the revenue for Washington County Cooperative Library Services (WCCLS), which provides the majority of operating expenses for 16 libraries in Washington County. The levy provides a critical base of financial support for libraries. The levy also ensures that WCCLS is able to deliver the infrastructure that links libraries into one countywide system and ensures WCCLS can continue to deliver the centralized service efficiencies that free up libraries to focus on the needs of their local communities.

Washington County libraries are very well-used with over 3.8 million visits in FY 2018-19 and over 11.2 million books and other materials checked out, including over 1.4 million of these as digital titles. Renewing the levy at the current rate would allow WCCLS to generally maintain current levels of countywide library service for another five years, while making some strategic increases in investment, and continuing to seek efficiencies in service delivery. Proposed Levy: FY 2021-22 through FY 2025-26 Total five-year estimated levy revenue $86,094,714 Estimated revenue in first year (FY 2021-22) $15,816,205 Cost per $1,000 of assessed value $0.22 Estimated cost in first year for average home (FY 2021-22) $65.85 Estimated monthly cost in first year for average home (FY 2021-22) $5.49

Background Library Cooperative Structure and Governance Washington County Cooperative Library Services (WCCLS) is a special fund department of Washington County and is accountable to the Board of Commissioners. WCCLS partners include nine cities and three non-profit associations (together, referred to as the Cooperative), to provide public library service at 16 library locations, as well as online. The Cooperative is bound by intergovernmental agreements that govern how countywide public library services are provided.

City or Nonprofit Partners Libraries Aloha Community Library Association * Aloha Community Library ^ City of Banks Banks Public Library City of Beaverton Beaverton City Library City of Beaverton Murray Scholls Branch Cedar Mill Community Libraries Association * Cedar Mill Library ^ Cedar Mill Community Libraries Association * Bethany Library ^ City of Cornelius Cornelius Public Library City of Forest Grove Forest Grove City Library Garden Home Community Library Association * Garden Home Community Library ^ City of Hillsboro Brookwood Library City of Hillsboro Shute Park Library City of North Plains North Plains Public Library City of Sherwood Sherwood Public Library City of Tigard Tigard Public Library City of Tualatin Tualatin Public Library Washington County West Slope Community Library ^ Washington County Digital collections available at wccls.org * Nonprofit association / community library ^ Located in unincorporated Washington County

Each partner organization has a representative on the WCCLS Executive Board, which is advisory to Washington County’s Board of Commissioners and to the WCCLS manager. Cities are represented on the WCCLS Executive Board by their City manager, and nonprofits are represented by the President of their

2 nonprofit association board. The Executive Board advises on the distribution of financial resources for countywide library service, and long-term governance and funding strategies.

Each library is represented by its library director on the WCCLS Policy Group, which is advisory to the WCCLS Executive Board and the WCCLS manager. The Policy Group provides technical support, professional support and advice, and develops and implements policies and procedures for the delivery of countywide public library services.

WCCLS’ vision statement is: Washington County is a curious, engaged and literate community, where everyone is welcome and thrives. WCCLS works to achieve this by partnering with local public libraries to connect people to excellent countywide library services. We act in accordance with our values of accountability, collaboration, inclusion, innovation and stewardship.

In general, WCCLS provides the Cooperative:

• Funding: We secure and distribute the primary funding for countywide public library service • Infrastructure support: We provide technology and logistics support to ensure equitable access to library materials and services • Direct service: We provide some services to the public that are more effectively delivered at a county level • Marketing and communications: We develop and deliver messaging that drives awareness of the value that WCCLS and libraries provide to their communities • Leadership and training: We identify common goals and provide training resources for libraries to ensure a consistently exceptional patron experience

Cities or nonprofits operate the public library buildings in Washington County, which provide a full spectrum of service to all county residents. WCCLS provides operational funding to support these local library operations. On average, WCCLS funds represent 65% of library operating budgets. Capital costs (purchasing and/or constructing building facilities) are the responsibility of the city or nonprofit, not WCCLS. Operational funding from WCCLS is used for staffing to maintain open hours, purchase books and other materials, and provide library programming for all ages and other normal operating expenditures, such as computer purchases, utilities, and janitorial service. Cities and nonprofits supplement WCCLS operational funding with local funds, depending on local resources and priorities.

Average Revenue Sources for Libraries

City Libraries Community Libraries West Slope Library 3%

14% 40% 60% 86% 97%

WCCLS Local WCCLS Local WCCLS Local

3

General Overview of WCCLS Revenues and Expenditures Revenue

A transfer from the County’s General Fund provides 59% of WCCLS’ revenue. This General Fund Transfer is a legacy of a previously approved serial levy, which was rolled into the County’s Permanent Rate in 1998 with the passage of Ballot Measure 50. At the time, WCCLS’ serial levy rate was $0.36 per $1,000 of assessed value, representing 16% of the County’s permanent tax rate at the time. Every year since the property tax law changes in 1998, the Board of Commissioners has approved the allocation of General Fund resources to WCCLS, honoring the Current WCCLS Revenue Sources voters’ intent when they passed the serial library levy. The transfers from the General

80% Fund increase approximately with the annual 59% increases in assessed value, but not to exceed 60% 40% 4% per year. 40% Miscellaneous sources provide 1% of WCCLS’ 20% 1% revenue primarily interest earnings and 0% grants. General Fund Local Option Levy Miscellaneous Transfer Finally, 40% of WCCLS’ revenue is from a local option levy, the most recent of which was passed by voters in November 2015 with an approval rate of 64% and expires on June 30, 2021. The current library local option levy has a rate of $0.22 per $1,000 of assessed value. Levy funds have been a significant supplement for General Fund support for libraries since 2006 when the Cooperative’s first local option levy was passed. Levy funds continue to represent a critical proportion of countywide library funding and a renewal of the levy will allow the Cooperative to provide library services at the current levels.

Library Levy History

Levy Cycle Levy Rate Voter Approval July 2007 – June 2011 $0.17 / $1,000 of assessed value 57% July 2011 – June 2016 $0.17 / $1,000 of assessed value 66% July 2016 – June 2021 $0.22 / $1,000 of assessed value 64%

Proposed Levy Renewal: July 2021 – June 2026 $0.22 / $1,000 of assessed value

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Expenditures

Currently 71% of WCCLS’ funds are Current WCCLS Expenditures transferred to partner libraries for 71% operational support. The County manages the West Slope Community Library, and 2% of WCCLS funds are transferred to operate West 27% Slope.

The remaining 27% of funds are used by 2% WCCLS to provide critical infrastructure and support for the countywide system. Operational Funding WCCLS Infrastructure Transfer to West Slope for Libraries and Support Community Library

How are Washington County Libraries Used by Residents? WCCLS libraries are clearly important to Washington County residents; they are very well-used. We saw 3.8 million visits in FY 2018-19, which is equivalent to over 10,000 visits each of the 360 days that a library was open in Washington County. Over 11 million books and other materials were checked out in FY 2018-19, of which over 1.4 million were digital checkouts (ebooks, audiobooks and streaming video). Free wireless internet access was provided for 1 million hours to those who don’t have access at home or prefer to work in a community space. That works out to over 114 years’ worth of internet access for our community. Libraries offered nearly 8,500 events for children, youth and families, which saw over 280,000 visits.

Cooperative Usage Statistics at a Glance: FY 2018-19

Visits to wccls.org 5.8 million Books and other materials owned and available for check-out countywide 1.6 million Number of times books and other materials were checked out by users 11.2 million Number of these checkouts that were digital (ebooks, audiobooks, streaming) 1.4 million Days in a year that a WCCLS library is open to the public 360 Number of visits to libraries 3.8 million Number of programs available for children and youth 8,497 Attendees at programs for children and youth 284,088 Number of programs available for adults 2,221 Attendees at programs for adults 44,305 Wireless internet (wifi) access in hours 1 million Volunteer hours contributed by the community 128,485 Number of volunteers 3,078

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English translation: “I love libraries and my daughters too. Very good service and always smiling.” Maintaining the Key Services of Public Libraries Levy funding will help libraries maintain open hours and avoid cuts in hours. A WCCLS partner library is open to the public 360 days a year. Library spaces are open to everyone and act as local gathering places. They offer a climate-controlled space to read, research, learn, play and feel part of the community. As one reviewer on the Aloha Community Library’s Facebook page wrote, “This feels more like a community gathering place than just a library. Upon entering you may see a child reading to a dog or someone learning how to use the computer. Past the wonderful collection of books and movies you may see a diverse group of people [sitting] next to kids digging through a pile of [L]egos. The supportive and helpful staff foster community and a love of learning, [beautifully].” 1 On average, WCCLS provides 65% of partner libraries’ operational funding.

Funds from the levy would be used to purchase books and other materials that all library users throughout the county have access to. Each Cooperative library purchases books and other materials to contribute to the shared countywide collection of over 1.6 million items. Libraries purchase books to meet the needs of their local communities, tailoring selections to local interests or language preferences. Washington County is geographically and demographically diverse, and our partner libraries are able to respond to their communities’ unique needs. In addition, WCCLS purchases additional copies of in-demand print books in order to keep wait times down. We also make sure that library users who are homebound or living in a care facility have access to library books through our Books by Mail program. Members of this program are able to place holds online or call and talk to friendly WCCLS staff who will select books and other materials and mail items to members.

Funds from the levy would support almost 8,500 annual children’s reading events, which hosted about 285,000 participants last year. This includes the annual summer reading program and literacy programs for preschoolers, so more children enter school “ready to read.” WCCLS libraries play a critical role in developing literacy and nurturing a love of reading for the children of Washington County. Library staff create and deliver thousands of story times and other events for children each year. These events are developed with research-based methods to develop literacy skills in children, teach STEM (science, technology, engineering and mathematics) subjects, and encourage a love of learning.

1 https://www.facebook.com/apismesa/posts/10213048594151864:0

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“Research confirms that patterns of learning in preschool are closely linked to later achievement: children who develop more skills in the preschool years perform better in the primary grades.”2 WCCLS partners with the United Way to deliver curated collections of high-quality books to license-exempt child care providers, creating easy access to books and learning for children who may not get it otherwise due to socio-economic factors. This is just one way that WCCLS helps kids in Washington County arrive in Kindergarten ready to read.

Funds from the levy would be used for reading and learning support, including online access and homework help designed to improve school success for all students in the County. WCCLS provides a wide variety of online research and learning tools to help students complete homework assignments. We also offer free access to an online tutoring service, available after school to all students with a library card. WCCLS has signed agreements with the Beaverton and Hillsboro School Districts, collaborating with our libraries to deliver WCCLS library cards to registered students. This ensures that participating children in those districts will have easy access to library resources and assistance to complete homework assignments, whether or not they are able to get into a library building. Innovations and Areas of Strategic Focus Funds from the levy help libraries maintain these core services of open hours, countywide access to books, children’s reading events and learning support for student success. Libraries also expand on these core services, innovating and responding to community needs in unique ways. County residents can now check out a sewing machine, metal detector, robotics kit, food dehydrator or a violin. Many libraries now purchase and loan small kitchen appliances, musical instruments, tech toys and creative tools, which are collectively known as a “Library of Things.” Some of our rural libraries offer “Seed Libraries,” where users can “borrow” seeds to plant in their gardens, harvest and return seeds to share with others. Repair Fairs are often hosted at our libraries, where visitors can bring household items, electronics, clothing and bicycles that need mending, and volunteers with repair skills fix items at no charge. At four Repair Fairs held at WCCLS libraries in 2019, visitors brought 166 items, and more than 60% of the items were repaired.3 These library collections and events save money, keep items out of landfills and build a sense of community.

Equity and inclusion is a strategic focus for the Cooperative. Libraries strive to understand and respond to the needs of their communities and have for many years purchased books in languages spoken in the communities we serve. We acknowledge the lived experience shared by communities of color in the Leading with Race: Research Justice in Washington County4 report produced by the Coalition of Communities of Color, and WCCLS’ recent three-year strategic plan5 has an objective to increase participation in libraries by underserved populations. We have various initiatives planned that will help achieve the objective, including creating an equity lens, evaluating library use policies through the equity lens and increasing cultural competencies of staff.

2 https://www.nichd.nih.gov/sites/default/files/publications/pubs/documents/NELPEarlyBeginnings09.pdf 3 https://repairfair.org/166-items-repaired 4 https://wccls.bibliocommons.com/item/show/3380983143 5 https://www.wccls.org/stratplan

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The usage of WCCLS’ digital collections continues to skyrocket, so investing in this area is another Countywide Digital Checkouts strategic focus. In FY 2018-19, digital checkouts 1,488,808 (ebooks, audiobooks, and streaming video) represented 14% of all items checked out countywide, and the number of digital checkouts 979,588 increased by 52% from FY 2017-18. WCCLS purchases digital titles and manages the service centrally, which 746,233 is an extremely efficient way to provide this 645,856 countywide service. 474,947

WCCLS has a robust and growing collection of digital titles in English and Spanish in our online library. Users can download ebooks and audiobooks to their phone or computer, checking out library books from FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 anywhere. Titles return themselves automatically when they expire, and users can manage their holds on the digital library app.

On average, digital library books are much more expensive than their print counterparts. “Bestsellers from the past five or so years generally [cost] $55 to $78”6 per ebook copy, while print versions of the same title costs libraries around $15 per copy. In addition, some publishers have their ebooks set to expire after a set amount of time or uses, which means WCCLS needs to re-purchase copies of the ebook if they want to retain access to it. The digital library lending landscape continues to shift as publishers change their access models and prices.

WCCLS’ digital library is increasingly popular and provides convenient access to books for those who have busy lives and can’t make it into the library. Parents enjoy being able to check out audiobooks for family road trips. Digital books can be a lifeline for library users with disabilities. Some library users may be unable to get into a library building or may be visually impaired and make extensive use of digital audiobooks or appreciate the ability to easily change the font size on ebooks. Seniors with arthritis enjoy reading ebooks on a lightweight e-reader or tablet, which can be easier to manage than a heavy hardcover book. WCCLS’ digital collections will continue to be a strategic investment through the next levy cycle, and we will continue to increase the funding allocated to digital collections. Core Library System Infrastructure Provided by WCCLS Beyond the many services mentioned above, WCCLS provides two core systems of infrastructure that ensure our partner libraries are connected into a unified system. Funds from the levy help support online access that allows users to reserve books that can be picked up at any library. A WCCLS library cardholder can access books and other materials from the entire system, no matter which location is their home library.

WCCLS provides staffing and infrastructure to support the movement of library materials across the Cooperative. We deliver library materials between libraries seven days per week and in FY 2018-19 drove over 48,000 miles between libraries. With increased funding from the current levy, WCCLS was

6 http://www.infotoday.com/cilmag/nov19/Blackwell-Mason-May--Ebook%20Availability-Pricing-and- Licensing.shtml

8 able to purchase and implement an automated materials handling machine in FY 2018-19, which uses RFID (radio-frequency identification) technology to quickly sort library materials by destination library. WCCLS staff sort on average 10,000 items per day with the machine. Much of this sorting used to take place at partner libraries, and we estimate the new workflow has saved 25 staff hours across the Cooperative each day. It has also improved local library workflow and freed up valuable space in cramped library workrooms.

WCCLS provides the fundamental technology infrastructure that connects 16 libraries into one countywide system. We operate our own network which connects the libraries with broadband internet access for staff and visitor use and upon which we run many shared systems. They include a library inventory management system, data protection to keep user information safe and email service for our smaller libraries. WCCLS also provides and maintains the online interfaces that our users access every day with over 45 million-page views in FY 2018-19. These include the online search interface, a countywide events calendar and the ability to pay library fines online. WCCLS Current Budget Allocations FY 2019-20

Materials Movement Support for Youth & $870,324 Equity Initiatives Countywide Collections 2% $1,258,423 (including digital) 4% $2,812,915 8%

Network & Technology Infrastructure $3,537,533 10% Administration & Communications $1,229,672 3% Public Library Funding $25,498,592 West Slope Library 71% Funding $881,013 2%

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Financial Details for the Proposed Levy These financial details are all estimated with assistance from Washington County’s Finance Division, and the assumptions used in our estimates mirror those used for the Public Safety Levy proposal.

WCCLS evaluates revenues and expenditures on a regular basis. Funding allocations to libraries are contractual obligations through our intergovernmental agreements, assuming that revenue is received as expected. Details of WCCLS’ operational funding allocations will be determined each year through the County’s budget process. Estimated Total Revenue from all Sources: Current Levy and Proposed Levy

$125,348,282

$103,027,042

$86,094,714

$69,012,816

$1,565,756 $1,373,402

Current Levy (FY17-21) Proposed Levy (FY22 - FY26)

Transfer from the General Fund Levy Miscellaneous

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Estimated Total Expenditure Allocations: Current Levy and Proposed Levy

$158,695,343

$127,978,587

$41,320,815 $28,931,721 $16,687,429 $9,773,072

Local Library Operations WCCLS Operations WCCLS Digital Book Purchases

Current Levy (FY17 - FY21) Proposed Levy (FY22 - FY26)

Strategic Increases in Investment for Proposed Levy In the current levy cycle, payments to libraries increase by 3% annually, assuming assessed value increases at least that much. WCCLS proposes to increase payments to public libraries by 4% annually in the next levy cycle, assuming assessed value increases by at least 4%. This will allow libraries to maintain their levels of service and hours of operation.

WCCLS proposes to more than double the amount available for special payments to libraries, from $3.4 million to $7.5 million. This separate, flexible funding pool accommodates shifts in county population and the addition and/or expansion of facilities, without decreasing the payments to the other libraries in the Cooperative as a result. WCCLS would determine the distribution of these funds with input from the WCCLS Executive Board.

WCCLS will continue to increase our investment in digital book purchases, given the rapidly rising demand for digital books in the Cooperative. We propose to increase the current allocations for digital book purchases by 10% in FY 2020-21, then increase by an additional 0.5% every year after that, for the rest of the proposed levy.

FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Digital book 10% 10.5% 11% 11.5% 12% 12.5% spending increase

In addition, we will continue to assess reader demand and evaluate internal WCCLS operational funding allocations for digital book purchases each fiscal year when financially feasible and prudent.

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WCCLS proposes adding 3.0 FTE in the next levy cycle, and the increased amount is reflected in the Personnel line of WCCLS’ operations budget beginning in FY 2021-22.

• 1.0 FTE Network Analyst: The complexity of WCCLS’ network infrastructure continues to grow with evolutions in technology and the growth of our system over the last decade. Many of WCCLS’ smaller and nonprofit partner libraries struggle to retain IT staff and have asked for increased support from WCCLS. Adding 1.0 FTE to our Network Team will help WCCLS address these library needs and maintain secure and reliable infrastructure for the entire system. • 1.0 FTE Librarian and 1.0 FTE Senior Library Assistant: WCCLS is currently (January 2020) going through an internal re-organization (Initiative M from our strategic plan7) with the goal of aligning our structure to meet the needs of libraries. These positions will help create the capacity needed to deliver on our strategic initiatives.

These proposed increased investments are possible due to prudent fiscal management in the current levy cycle, which created budget savings, as well as continued growth in countywide assessed value, which has created additional revenue. WCCLS’ ending fund balance has increased as a result, and we plan to spend some of our ending fund balance strategically over the next levy cycle in order to make these investments.

WCCLS will have a goal of reaching six months’ worth of operating expenditures as our ending fund balance target by FY 2025-26, which is approximately $9 million. This amount includes not only WCCLS’ operational costs but also funding transfers to libraries to ensure that we can maintain full operations across the system for a six-month period. We are expressing our fund balance target in terms of operational time rather than a percentage amount, due to the funding obligations we have to our member libraries. We will continue to monitor and manage our ending fund balance through the life of the levy.

7 https://www.wccls.org/stratplan

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Financial Summary: Current and Proposed Levy Cycles

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Tax History and Impact Summary

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General Financial Assumptions These are the general financial assumptions that were used in the development of the levy proposal.

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WORK SESSION|ROUNDTABLE Item #6

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Session Date: January 14, 2020 Length of Time Requested: 15 minutes Title of Topic: COUNTY CODE 3.08 - TRANSIENT LODGING TAX REVISION Department: Support Services Presented by: Jack Liang – Director of Support Services (Interim) / Chief Finance Officer Name(s) & Title(s)

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: 1. Work Session Presentation 2. Summary of Revisions 3. County Code 3.08 – Transient Lodging Tax (Redlined Draft)

PURPOSE & DESIRED OUTCOME: Provide the Board of County Commissioners (BCC) an overview of the revisions; and answer questions from the BCC before the first reading at the Board Meeting.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: With the purpose of language clarification and better enforcement of the code and tax collection, staff recommends the revisions proposed. Does the BCC agree with the revised code language?

SUMMARY OF TOPIC:

1. Background 2. Summary of Revisions to the code language 3. Next Steps in the code revision process THIS PAGE IS INTENTIONALLY BLANK Revision of County Code 3.08 Transient Lodging Tax

Department of Support Services Finance Division Revision of County Code 3.08 Definition updates

• Director

• Rent

• Transient

• Transient lodging Revision of County Code 3.08 Revision of Code Contents

• Added exemption for juveniles at a non-profit youth camp

• Added additional languages to better define late-payment and non-payment penalties and interests

• Updated tax collection frequency to monthly

• Updated tax and return due date to 15 business days after each month Revision of County Code 3.08

Clarification of Existing Contents

• Clarified 30-day exemption

• Clarified authorized audit by contracted auditors

• Clarified 10-day petition for waiver requirement

• Eliminated form requirements for registration and refund requests Next Steps

Upcoming Board Meetings

• Public Hearing - First Reading

• Public Hearing - Second Reading and Adoption Questions? Summary of Proposed Revisions to County Code 3.08 Transient Lodging Tax

3.08.020 - Definitions: • Update definitions of Director, Rent, Transient, and Transient lodging to improve clarity.

3.08.030 - Exemptions: • Updated language regarding the more than 30-day exemption to improve clarity. • Added exemption for juveniles at a non-profit youth camp.

3.08.070 - Audit: • Clarifies that audit may be conducted by contracted services. • Added in specific languages in late-payment and non-payment interest and penalties to support code enforcement.

3.08.100 - Special fund – Deposit: • Updated the frequency of the collected tax distribution from quarterly to monthly. 3.08.120 – Records – Examination:

• Added in contractor (external auditor) as authorized examiner for tax collector’s records. 3.08.190 – Operator – Registration:

• Eliminated the County form requirement for registration. 3.08.200 – Payments – When due:

• Updated the payment due date as the fifteenth day after each month. • Updated the payment due date measurement as the date County receives the payment. 3.08.210 – Return – filing: • Updated the tax return due date as the fifteenth day after each month. 3.08.260 – Original delinquency-First Penalty:

• Clarified and reinforced original delinquency associated with the first penalty. 3.08.260 – Continued delinquency-Second Penalty:

• Clarified and reinforced continued delinquency associated with the second penalty. 3.08.280 – Fraud-Enhanced Penalty:

• Clarified and reinforced fraud associated with enhanced penalty. 3.08.300 – Penalties and interest merge with tax:

• Clarification by adding interest into the sub-chapter title. Summary of Proposed Revisions to County Code 3.08 Transient Lodging Tax (Continued)

3.08.310 – Petition for waiver:

• Clarified the ten-day requirement as business days. 3.08.330 – Deficiency determination: • Established the County’s audit result as a basis for estimated tax amount in the case of an incorrect return. • Updated tax amount due after determination as fifteen business days after the County’s mailing of notice. 3.08.340 – Evasion-Determination-Assessment:

• Added reference to 3.08.360 – Re-determination-Petition. 3.08.430 – Refund-Tax collector:

• Eliminated the form requirement for refund request. 3.08.440 – Refund-Transient:

• Updated refund to tax collector as the pass-through entity for refunds to transient.

EXHIBIT A Chapter 3.08 - TRANSIENT LODGING TAX 3.08.010 - Short title. This chapter shall be known as the "transient lodging tax ordinance of Washington County" and may be so pleaded and shall be referred to herein as "this chapter." 3.08.020 - Definitions. For the purpose of this chapter, words in the present tense include the future, the singular includes the plural, and the plural includes the singular, the word "shall" is mandatory and not directory, and the term "this chapter" shall be deemed to include all amendments hereinafter made to this chapter. As used in this chapter, unless the context requires otherwise, the following words and their derivations shall mean: A. "Accrual accounting" means that an entry is made by the operator on lodging facility records for rent due from a transient when the rent is earned, whether or not the rent is paid. B. "Board" means the board of county commissioners for the county. C. "Cash accounting" means that the operator makes no entry on transient lodging facility records for rent due from a transient until the rent is paid. D. "Director" means the Chief Financial Officer director of the department of support services for the county or the director's designee. E. "Intermediary" means a person other than an operator that facilitates the rental of transient lodging. F. "Occupancy" means the use or possession, or the right to the use or possession for lodging or sleeping, or any other purposes, of any room or rooms in transient lodging or a portion thereof. G. "Operator" means the person who is proprietor of transient lodging in any capacity. If the operator performs this function through a managing agent of any type or character other than a mere employee, the managing agent shall also be deemed an "operator" for the purposes of this chapter and shall have the same duties and liabilities as the principal. Compliance with, or violation of, the provisions of the chapter by either the principal or the managing agent shall be considered to be compliance, or a violation, by both. H. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any legal entity whatsoever. However, for the purpose of determining whether a person meets the exemption described in 3.08.030(A), "Person" means a member of the general public. I. "Rent" means the consideration charged, whether or not received by the operator, for the occupancy of space in transient lodging in money, goods, labor, credits, property, or other consideration valued in money, with no deduction there from. Rent includes, but is not limited to, pet fees, resort fees, fees for extra beds or any other consideration required for the occupancy of the space in transient lodging. J. "Rent package plan", means the consideration charged for both food and rent if a single rate is made for the total of both. The amount applicable to rent, for determination of the transient lodging tax under this chapter, shall be the same charge made for rent when consideration is not a part of a package plan. K. "Tax" means either the tax imposed by this chapter and payable by the transient, or the aggregate amount of taxes due from an operator during the period for which the operator is required to report collections, as applicable. L. "Tax Collector" means an operator or intermediary. M. "Transient" means any person who exercises occupancy or is entitled to occupancy in transient lodging. for a period of thirty consecutive calendar days or less in any period, counting portions of calendar days as full days. The day a transient checks out of the transient lodging shall not be

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included in determining the thirty-day period if the transient is not charged rent for that day by the operator. Any such person so occupying space in transient lodging shall be deemed to be a transient until the period of thirty days has expired unless there is an landlord/tenant agreement in writing between the operator and the transient that is regulated by Oregon Landlord/Tenant law (ORS Chapter 90) providing for a longer period of occupancy. N. "Transient lodging" means hotel, motel and inn dwelling units or any other housing, including but not limited to, a private home, cabin, vacation rental or like facilities located inside Washington County that are designated by the operator or intermediarydesigned for temporary overnight human occupancy, and includes spaces designed for parking recreational vehicles during periods of human occupancy of those vehicles. Additional definitions are set forth in Section 3.08.175.

3.08.030 - Exemptions. The transient lodging tax shall not be imposed on: A. Any person for that portion of the occupancy that is more than thirty consecutive calendar daysAny occupancy by the same person under the same reservation in the same room (unless otherwise moved to another room as deemed necessary by management), after thirty consecutive days, however the first thirty consecutive days is taxed regardless of the length of the stay; B. Any transient whose rent is valued at less than two dollars per day; C. Rent paid for a hospital room or to a medical clinic, convalescent home, assisted living facility, hospice, group home for aged or disabled persons, or similar facility; or D. Occupancy by an employee of the federal or state government on official business provided the employee seeking the exemption provides reasonable documentation to the operator. E. Occupancy by juveniles at a non-profit youth camp. 3.08.040 - Rules and regulations promulgation. The board may promulgate rules and regulations necessary for the administration and enforcement of this chapter. Unless the context requires otherwise, references to this chapter herein shall include any adopted rules and regulations. 3.08.045 - Notice and delivery. Whenever this chapter permits or requires notice to be given, it shall be done by personal delivery or deposit in the U.S. mail with first class postage prepaid. Notice shall be deemed to be received on the date of personal service or deposit in the U.S. mail. 3.08.050 - Administration—Director responsibility. The director, subject to board oversight, shall be responsible for the administration and enforcement of this chapter. 3.08.060 - Authority. To carry out the duties imposed by this chapter, the director shall have the authority to do the following acts, the enumeration of which shall not be deemed to be exhaustive: interpret the terms of this ordinance, create forms, adopt procedures for proper administration, administer oaths, audit records, certify to all official acts, schedule board meetings or other hearings to determine compliance with the chapter or the rules and regulations adopted pursuant thereto, require the production of documents at public hearings, and seek judicial assistance in obtaining records and testimony. 3.08.070 - Audit. At the discretion of the director, an audit of the records may be performed on any transient lodging or tax collector within the jurisdiction of this chapter. The director may contract for audits. The tax collector shall comply with all requests by the director, or the director’s contractor, in a timely fashion. Failure to comply with the requests of the director, or the director’s contractor in the performance of an audit shall be a violation of this chapter. Audit findings that determine that the previous returns were incorrect are a deficiency determination under Section 3.08.330 if the director determines that the tax collector is required

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to pay additional amounts because of underpayment as set forth in Sections 3.08.260 through 3.08.310. Penalties and interest shall begin to accrue on any deficiency fifteen business days after the written deficiency notice is mailed to the tax collector by the director. Pursuant to Section 3.08.280, the director may also add an enhanced penalty of twenty-five percent of the amount of the underpayment of tax if the director determines that the nonpayment is due to fraud or intent to evade payment under this chapter. Any objection or challenge to audit findings by the tax collector shall be via petition as required for a re- determination pursuant to Section 3.08.360 within the ten business day timeline prescribed in that section. Pursuant to Section 3.08.360, payment in full of all disputed taxes, penalties and interest determined by the director to be due is a prerequisite to filing a petition for re-determination and refund. 3.08.080 - Rate—Payment method. For the privilege of occupancy in transient lodging within Washington County, on and after the effective date of this ordinance, each transient shall pay a tax in the amount of nine percent of the rent, or, if a rent package plan is used, that portion attributable to rent, charged by the operator. The tax constitutes a debt owed by the transient to the county that is extinguished only by payment to the tax collector or to the county. The transient shall pay the tax to the tax collector lodging at the time the rent is paid. The tax collector shall enter the tax on the tax collector's records when rent is collected if the operator keeps records on the cash- accounting basis or, if the operator keeps records on the accrual accounting basis, when earned. If rent is paid in installments, the transient shall pay a proportionate share of the tax to the tax collector with each installment. If, for any reason, the tax due is not paid to the tax collector, the director may require that such tax shall be paid directly to the county. In all cases, the rent paid or charged for occupancy, shall exclude the sale of any goods, services and commodities, other than the furnishing of rooms, accommodations, and lodging in transient lodging. 3.08.090 - Collection—Rules. A. Every operator or intermediary of transient lodging in this county, the occupancy of which is not exempt under the terms of this chapter, shall collect a tax of nine percent from the occupant. The tax collected or accrued by the tax collector, or which should have been charged by the tax collector, constitutes a debt owing by the tax collector to the county. B. In all cases of credit or deferred payment of rent, the payment of tax to the tax collector may be deferred until the rent is paid if the tax collector utilizes cash accounting procedures, and the tax collector shall not be liable for the tax until credits are paid or deferred payments are made. This shall not excuse the tax collector from liability for any failure to collect the tax. 3.08.100 - Special fund—Deposit. The director shall deposit all money collected pursuant to this chapter to the credit of the transient lodging tax fund, which fund may be transferred, on a quarterly monthly basis, to the general fund. 3.08.110 - Records required. Every operator and intermediary shall keep guest records of room rentals and accounting books and records of the room rentals. The operator and intermediary shall retain all records for a period of three years.

3.08.120 - Records—Examination. The director or the director’s contractor, may examine, during normal business hours, the books, papers, and accounting records relating to room rentals of any tax collector after notification to the tax collector and may investigate the business of the tax collector to verify the accuracy of any return made, or if no return is made by the tax collector, to ascertain and determine the amount required to be paid. 3.08.130 - Records—Confidentiality. Records, reports or returns submitted to the director shall be exempt from disclosure to the extent provided for by state statute. 3.08.140 - Operator collection fee. Five percent of the tax due may be retained by the tax collector as a collection reimbursement charge to defray the costs of collecting and reporting the tax and of maintaining records. The board may increase this amount by resolution and order as it deems reasonable and necessary.

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3.08.170 - Tax sharing agreement. A. If a city, located in whole or in part within the county, requests to participate in the distribution of transient lodging tax proceeds, the board shall enter into an agreement with the city to distribute the tax receipts allocable for transient lodging within such city in the manner provided by subsection B of this section. B. From the net revenue the county received from transient lodging in the city, after any collection reimbursement charge retained by the tax collector, the board shall allocate the county tax provided for herein, minus the county's cost in administering this chapter as follows: 1. One-ninth to be dedicated to the Washington County Fair for the promotion of tourism and maintenance and operation of the fairgrounds; 2. Three-ninths dedicated to the promotion of tourism or on tourism-related facilities by the county or its designee which must be expended only as provided in 3.08.175 B. 3. Fifty percent of the remaining amount after deduction for the foregoing to the city within thirty days of receipt of the taxes by the director. 4. The remaining balance retained by the county for expenditure for any public purpose. C. If a city has a city transient lodging tax, the county may collect the city tax pursuant to this agreement and distribute the proceeds, less county reasonable costs, to city. 3.08.175 - Distribution of proceeds. A. From the net revenue received from transient lodging outside a city after any collection reimbursement charge retained by the tax collector, the board shall distribute the tax provided for herein, minus the county's cost in administering this chapter, as follows: 1. One-ninth to be dedicated to the Washington County Fair for the promotion of tourism and maintenance and operation of the fairgrounds; 2. Three-ninths dedicated to the promotion of tourism or on tourism-related facilities by the county or its designee which, must be expended only as provided in 3.08.175 B. 3. The remaining balance retained by the county for expenditure for any public purpose. B. For purposes of this section, two-thirds of the amount under Section 3.08.170 B. 2., and 3.08.175 A. 2 (two-ninths of the tax) shall be spent only to fund tourism promotion or on tourism-related facilities in accordance with the following definitions: 1. "Conference center" means a new or improved facility that: (a) Is owned or partially owned by a unit of local government, a governmental agency or a nonprofit organization; and (b) Meets the current membership criteria of the International Association of Conference Centers. 2. "Convention center" means a new or improved facility that: (a) Is capable of attracting and accommodating conventions and trade shows from international, national and regional markets requiring exhibition space, ballroom space, meeting rooms and any other associated space, including but not limited to banquet facilities, loading areas and lobby and registration areas; (b) Has a total meeting room and ballroom space between one-third and one-half of the total size of the center's exhibition space; (c) Generates a majority of its business income from tourists; (d) Has a room-block relationship with the local lodging industry: and (e) Is owned by a unit of local government, a governmental agency or a nonprofit organization. 3. "Tourism" means economic activity relating to tourism

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4. "Tourism promotion" means any of the following activities: (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists; (b) Conducting strategic planning and research necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designed to attract tourists. 5. "Tourism promotion agency" includes (a) An incorporated nonprofit organization or governmental unit that is responsible for the tourism promotion of a destination on a year-round basis. (b) A nonprofit entity that manages tourism-related economic development plans, programs and projects. (c) A regional or statewide association that represents entities that rely on tourism-related business for more than 50 percent of their total income. 6. "Tourism related facility" means: (a) A conference center, convention center or visitor information center; and (b) Other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. 7. "Tourist" means a person who, for business, pleasure, recreation or participation in events related to the arts, heritage or culture, travels from the community in which that person is a resident to a different community that is separate, distinct from and unrelated to the person's community of residence, and that trip: (a) Requires the person to travel more than 50 miles from the community of residence; or (b) Includes an overnight stay. 8. "Visitor information center" means a building, or a portion of a building, the main purpose of which is to distribute or disseminate information to tourists.

3.08.180 - Expenditure of revenues dedicated to tourism. The board shall allocate net revenues dedicated to the promotion of tourism or on tourism related facilities as the board determines is in the public interest, including but not limited to: 1. Direct expenditure by the county in accordance with the county's normal and customary budget process; 2. Enter into contracts for goods, services, or facilities 3. Award grants to qualifying entities on such terms as the board deems appropriate; 4. Designate as appropriate recipients one or more tourism promotion agencies on such terms and conditions at the board deems appropriate; 5. Establish or designate by resolution and order a tourism commission or one or more similar entities with such powers and responsibilities as the board may delegate for the allocation, expenditure and use of such funds. 3.08.185 - Tax collector—Duty. Each tax collector shall collect the tax at the same time as the rent is collected from the transient. The amount of tax shall be separately stated on the tax collector's records and any receipt rendered by the tax collector. No tax collector shall advertise that the tax or any part of the tax will be assumed or absorbed by

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the tax collector, or that it will not be added to the rent, or that, when added, any part will be refunded, except in the manner provided by this chapter. 3.08.190 - Operator—Registration. A. Every person engaging or about to engage in business as an operator or intermediary of transient lodging in this county shall register with the county on a form provided by the director. Operators or intermediaries starting business after the effective date of this chapter shall register within fifteen calendar days after commencing business. The privilege of registration after the date of imposition of such tax shall not relieve any transient from the obligation of payment or collection of tax regardless of registration. Registration shall set forth the name under which an operator or intermediary transacts or intends to transact business, the location of the place or places of business and such other information to facilitate the collection of the tax as the director may require. The operator or intermediary shall sign the registration. The director shall, within ten days after registration, issue without charge a certificate of authority to each registrant to collect the tax from the occupant, together with a duplicate thereof for each additional place of business of each registrant. Certificates shall be non-assignable and nontransferable and shall be surrendered immediately to the director upon the cessation of business at the location named or upon its sale or transfer. For operators, each certificate and duplicate shall state the place of business to which it is applicable and shall be prominently displayed therein so as to be seen and readily come to the notice of all occupants and persons seeking occupancy. B. Said certificate shall, among other things, state the following: 1. The name of the operator or intermediary; 2. The address of the transient lodging for operators; 3. The date upon which the certificate was issued; 4. The following words: This Transient Occupancy Registration Certificate signifies that the person named has fulfilled the requirements of the Transient Lodging Tax Ordinance of Washington County by registration with Washington County, for the purpose of collecting from transients, the lodging tax imposed by Washington County and remitting said tax to the county. This certificate does not authorize any person to conduct any business in an unlawful manner, or to operate transient lodging without strictly complying with all local applicable laws including, but not limited to, those requiring a permit from Washington County, any city or the State of Oregon. This certificate does not constitute a permit. 3.08.200 - Payments—When due. The tax shall be paid by the transient to the tax collector at the time that rent is paid. All amounts of such taxes collected by any tax collector are due and payable to the director on a monthly basis and received on or before the tenth fifteenth day of the month for the preceding month. 3.08.210 - Return—Filing. On or before the tenth fifteenth day of the month following each month of collection, a return for the preceding month's tax collections shall be filed by the tax collector with the director. The return shall be filed in such form as the director may prescribe. 3.08.220 - Return—Information required. The returns shall show the amount of tax collected or otherwise due for the period covered by the return. The director may require returns to show the total rentals upon which tax was collected or otherwise due, gross receipts of operator for such period and an explanation in detail of any discrepancy between such amounts, the amount of rents exempt, if any, and such other information as may otherwise be necessary for the administration of this chapter. 3.08.230 - Return—Delivery. The tax collector shall deliver the return, together with the amount of the tax due, to the director's office. 3.08.240 - Extensions.

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For good cause, the director may extend, for a time not to exceed one month, the time for making any return or payment of tax. Any tax collector granted an extension shall pay interest at the rate of one percent per month on the amount of tax due with proration for a fraction of a month. If a return is not filed, and the tax and interest due is not paid by the end of the extension, then the interest shall become a part of the tax for computation of penalties described elsewhere in this chapter. 3.08.250 - Payment schedule changes. The director may require returns and payment of the amount of taxes for other than monthly periods if the director deems it necessary to ensure payment or facilitate collection of taxes in an individual case. 3.08.260 - Original delinquency-First Penalty. Any tax collector not granted an extension of time for remittance of tax due and who fails to remit any tax imposed by this chapter prior to delinquency shall pay a penalty of ten percent of the amount of the tax due in addition to the amount of the tax. 3.08.270 - Continued delinquency-Second Penalty. Any tax collector not granted an extension of time for remittance of tax due, and who failed to pay any delinquent remittance on or before the period of thirty days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of fifteen percent of the amount of the tax due plus the amount of the tax in addition to and the ten percent penalty imposed by Section 3.08.260.

3.08.280 - Fraud-Enhanced Penalty. If the director determines that the nonpayment is due to fraud or intent to evade the provisions of this chapter or any rules or regulations adopted hereunder, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to the penalties stated in Sections 3.08.260 and 3.08.270. 3.08.290 - Delinquency—Interest. In addition to the penalties imposed, any tax collector who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof without proration for portions of a month, on the amount of the tax due, exclusive of penalties, from the date on which the remittance first becomes delinquent until paid. 3.08.300 -– Penalties and interest merge with tax. Every penalty imposed and such interest as accrues under the provisions of Sections 3.08.260 through 3.08.290 and 3.08.310 shall be merged with and become a part of the tax herein required to be paid. 3.08.305 - Lien Any tax collected by the operator but not remitted to the director in the time required under this chapter shall constitute a lien on the transient lodging. The director may record a lien in the county lien record against the transient lodging and any real property owned by the operator or intermediary as to any delinquent remittances by the operator or intermediary. 3.08.310 - Petition for waiver. Within ten business days of notice thereof, a tax collector may petition the director for waiver and refund of the penalty or any portion thereof and the director may, if a good and sufficient reason is shown, waive and direct a refund of the penalty or any portion thereof. 3.08.330 - Deficiency determination. If the director determines that the returns are incorrect, the director may compute and determine the amount required to be paid upon the basis of the facts contained in the returns or any other information including an audit performed pursuant to Section 3.08.070. One or more deficiency determinations may be made of the amount due for one, or more than one period, and the amount so determined shall be due and payable immediately upon service of notice after which the amount determined is delinquent. Penalties on deficiencies shall be applied as set forth in Sections 3.08.260 through 3.08.310 of this chapter. A. In making a deficiency determination the director may offset overpayments, if any, previously made for a period or periods, against any underpayment for a subsequent period or periods, or against penalties, and interest, on the underpayments. The interest on underpayments shall be computed in the manner set forth in Sections 3.08.260 through 3.08.310 of this chapter.

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B. The director shall give to the tax collector or occupant, a written notice of the determination. C. Except in the case of fraud or willful intent to evade this chapter or the rules and regulations adopted pursuant thereto, every deficiency determination shall be made and notice thereof mailed, within three years after the last day of the month following the close of the monthly period of which the amount is proposed to be determined or within three years after the return is filed, whichever period is later. D. Any determination shall become due and payable within fifteen business daysimmediately upon receiptmailing of notice and shall become final within ten business days after the director has given notice thereof; provided, however, the tax collector may petition for re-determination and refund as provided in Section 3.08.360. 3.08.340 - Evasion—Determination—Assessment. If any tax collector fails or refuses to collect the tax or to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof, or makes a fraudulent return or otherwise willfully attempts to evade this chapter, the director shall proceed in such manner as the director deems best to obtain facts and information on which to base an estimate of the tax due. As soon as the director has determined the tax due, the director shall proceed to determine and assess against such tax collector the tax, interest and penalties provided for by this chapter. The director shall give a notice of the amount so assessed within three years after discovery by the director of any fraud, intent to evade or failure or refusal to collect said tax, or failure to file return. The amount assessed shall become due and payable immediately upon receipt of notice and shall become final within ten days after the director has given notice thereof; provided, however, the tax collector may petition for re-determination and refund as herein provided in 3.08.360. 3.08.350 - Tax collector delay. If the director believes that the collection of any amount of tax required to be collected and paid to the county or if any determination will be jeopardized by delay, the director shall determine the amount of tax required to be collected. The amount so determined shall be immediately due and payable, and the tax collector shall immediately pay the amounts so determined to the director after service of notice thereof; provided, however, the tax collector may petition, after payment has been made, for re-determination and refund. 3.08.360 - Re-determination—Petition. Any tax collector against whom a determination is made under Sections 3.08.330 through 3.08.350 or any person directly interested may petition for a re-determination and refund of any disputed amount within ten days of the date of notice of the deficiency determination. Payment in full of all taxes, penalties and interest determined by the director to be due is a prerequisite to filing a petition for re-determination and refund. Filing a petition for re-determination and refund is a prerequisite to seeking judicial review and the determination shall be final if no petition is filed within the time specified herein. 3.08.370 - Re-determination—Hearing. If a petition for re-determination and refund is filed within the allowable period, the director shall reconsider the determination, and, if the petition requests , shall grant the person an oral hearing with ten days' notice of the time and place. The director may continue the hearing from time to time as may be necessary. 3.08.380 - Re-determination—Amount. The director may decrease or increase the amount of the determination as a result of the hearing and if an increase is determined, such increase shall be due on notice of the decision. 3.08.410 - Security—Deposit—Amount. The director may require any tax collector to deposit with the director such security, in cash, bond, or other form, as the director determines necessary to ensure compliance with this chapter. The amount of the security shall be fixed by the director but shall not be greater than five times the tax collector's estimated average monthly tax liability for the period for which the tax collector files returns, determined in such manner as the director deems proper, or five thousand dollars, whichever amount is greater. The amount of the security may be increased or decreased by the director subject to the limitations herein.

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3.08.420 - Security—Action to collect. At any time within three years after any tax or any amount of tax required to be collected becomes due and payable, or at any time within three years after any determination becomes final whichever is later, the director may bring an action in the courts of this state, or any other state or of the United States in the name of the county to collect the amount delinquent, together with penalties and interest. In any action to collect this tax, interest or penalties, the prevailing party shall be entitled to its reasonable attorney fees incurred at trial and on appeal. 3.08.430 - Refund—Tax collector. If a tax collector or transient concludes that the tax collector or transient has inadvertently or otherwise paid more tax than properly is due, the tax collector or transient may make a claim in writing therefore, stating the specific reason upon which the claim is founded. The claim shall be filed with the director within one year from the date of payment. The claim shall be made on forms provided by the director. If the claim is approved by the director, the excess amount collected or paid shall be refunded or credited on any amounts then due and payable from the tax collector from whom it is collected or by whom paid and the balance may be refunded to the tax collector. This provision is not applicable to any amount determined by the director to be due pursuant to the determination provisions of Sections 3.08.330 through 3.08.350. 3.08.440 - Refund—Transient. Any refund due a tax collector or transient shall be paid within fourteen business days of the date the director concludes that the refund is due. 3.08.445 - Compromise of tax. The director may, after consultation with counsel for the county, adjust or enter into a settlement as regards any amount believed to be due if, as a result of a bankruptcy filing, foreclosure, bona fide legal or factual dispute or similar circumstance it is in the best interest of the county. 3.08.460 - Review. Review of any action of the director taken pursuant to this chapter, or the rules and regulations adopted pursuant thereto, shall be taken solely and exclusively by writ of review in the manner set forth in ORS 34.010 to 34.100. 3.08.470 - Conformity with law. This chapter shall be construed and implemented so as to conform with, and shall not be in any way a substitute for, nor eliminate in any way the necessity for conformity with, any and all laws of the state of Oregon, nor ordinances of the county, nor any rules or regulations adopted pursuant to such statutes or regulations. 3.08.480 - Violations—Penalties. A. It is unlawful for any operator or other person so required to fail or refuse to register as required herein. It is unlawful for a tax collector to fail to furnish any return required to be made, in a full and complete manner, to fail or refuse to furnish a supplemental return or other data required by the director or to render a false or fraudulent report, or to otherwise violate the provisions of this chapter. B. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction as provided for in Chapter 1.12 of the Washington County Code. Each transient lodging transaction for which tax, penalty or interest otherwise due is not paid shall be deemed a separate civil infraction. C. In addition to and not in lieu of a civil infraction proceeding, the county may enforce compliance with this ordinance by filing an action for an injunction, appointment of a receiver or any other relief provided by law. D. Nothing herein restricts the authority of the director to refer a matter to the appropriate law enforcement agency for criminal prosecution if the director concludes that criminal fraud or other crime has been committed.

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WORK SESSION|ROUNDTABLE Item #7

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Session Date: January 14, 2019 Length of Time Requested: 45 minutes Title of Topic: EMPLOYER OF CHOICE OVERVIEW & EMPLOYEE SURVEY Department: County Administrative Office Presented by: Jack Liang, Interim Director, Department of Support Services, and Name(s) & Title(s) Philip Bransford, Communications Officer, County Administrative Office

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: • Presentation slides of today’s briefing • The findings from the Employer of Choice employee survey regarding wages and benefits dated March 6, 2019 are hyperlinked here.

PURPOSE & DESIRED OUTCOME: The purpose of this briefing is to provide the Board with an overview of the Employer of Choice initiative launched in 2018 and to summarize employee survey findings regarding wages and benefits.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: No policy questions are intended for this Work Session briefing, but guidance about specific Employer of Choice options may come to the Board in future Work Sessions and through the Budget process.

SUMMARY OF TOPIC: The Washington County Administrative Office launched an initiative in late 2018 to maintain and enhance our organization’s workplace culture and labor-market competitiveness. The effort, called Employer of Choice, was grounded in the pursuit of the organization’s public service mission and the reality of our limited resources. The initiative was led by a committee of the County’s directors and top-level mangers.

In addition to a re-dedication to our organization-wide values, the leadership committee agreed to focus the effort on three areas: • identifying improvements to employee wages and benefits; • better supporting workplace culture, diversity, equity and inclusion; and • improving workplace amenities.

(Continued)

SUMMARY OF TOPIC: (continued)

Work began on the first focus area of wages and benefits with an employee survey of various options for strengthening the County’s position in the labor marketplace. In total, 1,744 employees – nearly everyone in the organization – completed a questionnaire on this topic between December 2018 and January 2019. The survey respondents helped to rate and rank nine potential options. Findings for this survey are attached.

Discussion of these survey findings among the Employer of Choice Leadership Committee focused on balancing between important trade-offs. On the one hand, everyone in the organization has a stake in maintaining a competitive position among our peer organizations here in the Portland area with respect to wages and benefits. On the other hand, each of the choices described in the survey involves some level of cost, policy change or other adjustment that impacts the organization’s ability to continue delivering vital services to our community.

Within this context, the leadership committee recommended establishing criteria, rooted in our organization’s values, that could be used to weigh these options. These criteria related to questions such as: • How quickly and easily can each option be implemented as compared with those that will take longer? • How can unintended consequences be avoided, such as expanded usage of leave time inadvertently creating more forced overtime? • How might each proposal – even those that were rated or ranked lower than the others – be viewed from the perspective of advancing equity and trauma-informed practices? • How can we maintain fairness across all types of employees, including those just starting their tenure and those finishing up their careers, those with young children or others under their care and those without such obligations, those who are women, men or nonbinary in their identity, and so forth?

Soon after the wages and benefits survey was completed, the more visible aspects of Employer of Choice initiative came to a pause as leadership changed hands within the County Administrative Office and on the Board. Progress towards the Employer of Choice’s goals continued, however. With respect to workplace culture, diversity, equity and inclusion, the County has identified recommendations and improvements through the work of the DEI “Think Tank” and the Board’s recently drafted Equity Resolution. The Facilities and Parks Services Division of Support Services has proceeded with various improvements to the physical work space as the seismic retrofitting project and associated employee re-locations has concluded. Additional improvements are anticipated in the years ahead under all three focus areas.

THIS PAGE IS INTENTIONALLY BLANK Employer of Choice Initiative

Board Work Session January 14, 2020 Background

Problem to be addressed: • Higher employment rates creating a tighter labor market • Increased wages and expanded benefits provided by peer organizations • Demographic changes within our workforce Background

• Purpose of Employer of Choice: To maintain and enhance workplace culture and labor-market competitiveness while staying true to our limited resources and public service mission • Leadership: A committee of all County department directors and Support Services managers • Timing: Initiative began in the fall of 2018 • Current status: Partial implementation while additional research is conducted and Board direction is given Principles

Washington County strives to be an organization that: • Is public-service centric • Values its employees • Is family friendly • Supports work-life balance • Is welcoming and provides quality and accessible service to all Values

• Diversity, equity and inclusion • Quality leadership and supervision • Collaboration and partnerships • Innovation and strategic use of technology • Sustainability • Emergency preparedness • Health and wellness of employees and community members • Career and skills training • Career development and mobility Focus Areas

• Wages and benefits – Employee survey conducted in December 2018 to January 2019 • Workplace culture and values – Integrated with County’s current DEI work • Workplace amenities – Selected enhancements being implemented as opportunities arise Process

Leadership Organizational Prioritization scoping of Implementation assessment and resourcing options

Communication to employees throughout Wages & Benefits Survey

• 14-question survey conducted in December 2018 to January 2019 • 1,744 participants, 85% of the organization • Proportionate response across departments Findings

Option Mean

Increased vacation leave accrual rates 3

Employer contribution to deferred compensation 3.4

Alternate work schedules 4.2 Increased sick leave accrual rate 4.8

Employer contribution to VEBA 5.1 Remote work policy 5.5 Raise cap on vacation accrual 5.5 Paid parental leave 6.4 Beginning vacation and sick balances 7

1 = Most favored 9 = Least favored Increased Vacation Leave Accrual Rates – Full-time employees accrue the equivalent of 12 to 24 vacation days per year, depending on length of service for Washington County. The County is considering increasing vacation leave accrual rates that would provide the equivalent of one to two additional vacation days per year.

N=1,744 Employer Contribution to 457 Deferred Compensation Plan – Currently, employees can make voluntary tax deferred contributions to the County-sponsored 457 Deferred Compensation plan to save for retirement. The County is considering making an employer contribution to employee accounts of 1 percent of eligible pay for all eligible employees, then providing an additional match of up to 1 percent of eligible pay for employees who make voluntary contributions to their accounts.

N=1,744 Alternate Work Schedules -- The County may expand the availability of alternate work schedules organization wide. This would include working schedules of four ten-hour days per week (“four tens”), or schedules that would allow a day off every other week (“nine eighty”).

N=1,744 Comments

Question: “What other compensation and benefit programs are important to you?”

Responses fell into several categories:

• Compensation • Work/Life Balance • Benefits • Training • Leave • Promotional • Holidays Opportunities • Retirement • Other Next Steps: Wages & Benefits

Achievements so far Future objectives • Reduced wait-time to • Implement low- to no- qualify for new cost options such as an employee insurance Alternate Work coverage Schedule policy • Created a sixth step in pay ranges • Increase mental health aspects of the Wellness • Offered employees the ability to retire and Program continue working • Evaluate benefits to maximize employee satisfaction

Board engagement/action listed in green Next Steps: Workplace Culture & Values Achievements so far Future objectives • Board acceptance of • Board’s Equity Resolution “Think Tank” in progress recommendations • Bilingual pay and LEAP • Staff Equity Committee, HR Subcommittee & policies coming to the others stood up Board soon • First Pride Month • Begin DEI strategic Proclamation in 2019 planning process • Fiscal constraint has kept • Develop training plan organization from pursuing layoffs • Identify resources to support DEI efforts

Board engagement/action listed in green Next Steps: Workplace Amenities

Achievements so far Future objectives • Individual work spaces: Sit/stand • Strategic Facilities Planning desks, improved lighting, • Washington Street Conference ergonomic adjustments. Center Project Common spaces: Suite security, • • Adaptive internal wall systems lactation rooms, single- that allows easier changes to occupancy restrooms, filtered building floor plans water bottle fill stations, huddle rooms and collaboration spaces • Continuously assess the needs of with soft seating. the County’s workforce • Building structures: Seismic resiliency, improve internal and external finish and appeal; and improve access. Board engagement/action listed in green WORK SESSION Item #8 CLEAN WATER SERVICES BOARD OF DIRECTORS

Work Session Date: January 14, 2020 Length of Time Requested: 30 minutes CWS/USFWS WAPATO LAKE NATIONAL WILDLIFE REFUGE TREE FOR ALL Title of Topic: PARTNERSHIP BRIEFING Department: CWS Watershed Management and US Fish & Wildlife Service Presented by: Bruce Roll, Watershed Management Director Names & Titles Larry Klimek, Refuge Manager, Tualatin River National Wildlife Refuge Wapato Lake National Wildlife Refuge Mark Jockers, Government & Public Affairs Director Carol Murdock, Business Practice Leader 1 – Integrated Planning

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: Map: Collaboration in the Tualatin Basin – Upper Wapato Confluence Map: Tualatin River National Wildlife Refuge Map: Wapato Lake National Wildlife Refuge Chicken Creek Restoration fact sheet PowerPoint presentation Links: Tree for All Case Study Wapato Lake, Tree for All Case Study Chicken Creek Video: Wapato Lake National Wildlife Refuge Partnerships

PURPOSE & DESIRED OUTCOME: Clean Water Services (District) and Tree for All partners have been working closely with U.S. Fish and Wildlife Services (USFWS) for nearly a decade to restore the Wapato Lake National Wildlife Refuge near Gaston. This project and dozens of additional Tree for All projects, including the Chicken Creek restoration project on the Tualatin River National Wildlife Refuge in Sherwood, benefit water quality, wildlife habitat, floodplain access and storage. Together these projects help create a resilient and healthy watershed to help address the challenges of urbanization and climate variability. The purpose of this presentation is to update the District Board of Directors on the partnership between District and USFWS and seek continued support for federal and local funding. USFWS Refuge Manager Larry Klimek and District staff will brief the Board on their partnership and restoration activities for 2020.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: • Should the partnership enhancement work in the Upper Tualatin River continue to be a federal and local funding priority for the District? • How should the long-term stewardship needs of publicly owned natural areas be managed?

SUMMARY OF TOPIC: The Wapato Lake National Wildlife Refuge is located near Gaston and managed by the USFWS. The refuge is part of a network of nearly 5,000 acres of publicly owned natural areas connecting wetlands, floodplains, waterways and upland forest in the upper Tualatin River Watershed and is recognized as one of the highest value wetland resources in Oregon, critical to the health of the Tualatin River. The refuge includes a nearly 800-acre lake bed and five miles of aging levees and pumping infrastructure. Located upstream of the Joint Water Commission drinking water intake, the proper management of the refuge and its infrastructure is integral to downstream water quality. Previous failures of the pumping and levee systems in 2008 and 2010 threatened the drinking water supply for 400,000 Washington County residents, caused disruptions to industrial processes at Intel, disrupted agricultural irrigation operations and damaged water quality in the Tualatin River.

The District, Tualatin Valley Irrigation District and the Joint Water Commission have been working with USFWS since 2009 on the acquisition, operations and maintenance of the refuge. The funding, management and operations of Wapato National Wildlife Refuge have been a District and Washington County federal legislative priority for more than a decade. The District has submitted programmatic funding requests to Senators Wyden and Merkley and Representative Bonamici in each of the past eight years to secure funding to support operations and maintenance of the refuge.

USFWS has made significant progress in the past nine years to acquire lands within the lake boundary and has begun to upgrade and repair the levee and pumping infrastructure at the refuge. In 2014, the Board approved a Memorandum of Understanding between District and USFWS for access to riparian restoration projects and to participate in jointly funded projects. The MOU has been amended twice.

In 2018, USFWS provided $1.2 million to fund the infrastructure improvements at the Wapato Lake pump station. Concurrent to this, District, the Joint Water Commission, the Tualatin Soil and Water Conservation District and other local partners brought more than $1 million in matching funds, including a $250,000 grant from Intel, to the Clean Water Institute, a nonprofit partner of Clean Water Services, to increase the scope and pace of restoration.

In 2019, the Columbia Land Trust, working closely with the District and other partners, secured a $480,000 North American Wetlands Conservation Act Grant from USFWS to support work at the refuge. Approval of the grant agreement with the Columbia Land Trust will come before the Board in the next few weeks. To date, the project has generated $3.5 million dollars in leveraged funding.

Construction of the new pump station at Wapato Lake is slated to begin in June 2020. Restoration activities are entering the second year and are slated to continue for two to five years, depending on available funding.

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R Clean Water Services Metro Potential Expansion Area d Columbia Land Trust US Bureau of Reclamation County Boundary Joint Water Commission US Fish and Wildlife Service District Boundary 0 Miles 1 Path: U:\GIS\WatershedManagement\Projects\2019-12-13_RB_Bruce_MetroMaps\Mxds\PublicLandsPartnerships - Fernhill etc.mxd Coordinate System: NAD 1983 HARN StatePlane Oregon North FIPS 3601 Feet Intl Projection:Lambert Conformal Conic Source: Clean Water Services Last Saved By: bakerr on 12/19/2019 at 3:57:06 PM Regional Data: ©2014 Oregon Metro www.oregonmetro.gov/rlis | Disclaimer: This map and the data represented are not authoritative and are subject to change. This was created for reference and is not intended as a definitive property description. All users of this information should perform a separate investigation of conditions before commencing any plan, design, construction, or other activities. Further, there are no warranties, expressed or implied, including the warranty of merchantability or fitness for a particular purpose, concerning this information. U.S. Fish and Wildlife Service Tualatin River National Wildlife Refuge Washington County, Oregon

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Produced by the Biological Resources Program Tualatin River NWRC - Sherwood, OR 0 0.5 1 2 Land Status Current to 09/2015 Miles Map Date: 09/18/2015 Base Image: 2009 NAIP 1m File: 2015_Refuge Units Sep 2015.mxd Wapato Lake NWR

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Land Status Easement Miles 0 0.225 0.45 0.9 1.35 1.8 Owned U.S. Fish & Wildlife Service Chicken Creek Restoration at Tualatin River National Wildlife Refuge

Returning to a Natural System At Tualatin River National Wildlife Refuge, we actively restore and maintain healthy native habitats for the benefit of wildlife, while offering people the opportunity to experience local plant and animal species close to home. One of the primary habitats you’ll see when visiting, are the wetlands of the Refuge’s Atfalat’i Unit. While attractive to people and wildlife alike, these wetlands are far from the natural system for which we strive. In fact, they’ve been intensively managed by Refuge ©Pat Gaines staff since the Refuge’s creation in 1992. Chicken Creek Restoration Project Details Chicken creek, once a sinuous (curvy) channel connecting to the Tualatin River, was diverted • The project will create a 280-acre connected, naturally functioning to a straight channel when the land we now call wetland system on the Refuge’s Atfalat’i Unit. the Refuge was converted for agricultural use • Chicken Creek will be reoriented to a sinuous (curving) flow, replacing throughout most of the 20th century. Through the Chicken Creek Restoration Project, we will the straight channel that was created when the land was converted for restore the historic curves of the Creek, welcoming agricultural use over a century ago. a greater variety of native plant and animal species • The construction portion of the project will begin in July 2019 and is while benefitting visitors and the surrounding estimated to conclude in the Summer of 2020. community with cleaner water and new trail • Seasonal trail reconfiguration will result in an additional half mile of trail. experiences. • Increased beaver activity will lead to more plant and wildlife diversity.

©Ed Bustya Benefits for Wildlife and People A restored Chicken Creek means increased and improved wetland and riparian habitat (vegetation along rivers) - and that means more How will restoring Chicken Creek impact the Refuge? diverse wildlife. Those that particularly stand to benefit are aquatic species like Western brook • Short Term: Refuge staff have been preparing the site for the last year by lamprey and cutthroat trout, as the slower flow eliminating invasive vegetation. Starting July 2019, heavy equipment, like of the Creek provides resting and rearing excavators, will be visible in the wetlands, digging the Chicken Creek channel. opportunities. These species will also benefit New native vegetation will be planted along the channel. from an increse in Creek habitat, from .5 miles currently, to 2 miles once the project is complete, • Medium Term: Sections of the current Wetlands Seasonal Trail will be as well as easier access upstream of the Refuge. removed, allowing water to flow more freely in the wetland, especially during the winter rainy season. Beaver will come into the site, building A slower flow also means more sediment stays dams that cause water to fill the new 280-acre wetland. in the Creek and out of the Tualatin River, helping to improve its water quality. Visitors • Long Term: Native wetland and riparian vegetation will take hold and will also enjoy a new section of seasonal trail flourish, attracting a more diverse collection of wildlife. Visitors will and more diverse wildlife viewing. enjoy immersive walks around the 280-acre area in the summer. CURRENTLY

1 2

3 Visitor ©John Goetz, CWS Center Expected beaver activity will lead to a lush, diverse wetland and riparian habitat along Chicken Creek.

5 Below: Aquatic species, like the cutthroat trout, will 6 Closed Service 4 see expanded and improved resting and rearing Road habitat along the realigned Chicken Creek.

The Refuge currently manages six independent wetlands on the Atfalat’i Unit. This is done with water control structures operated and maintained by staff.

RESULTS 280 acre Continuous Wetland 1 Visitor Center Photo by NPS 3 For more information about this New Seasonal 2 project, visit: Trail At the end of the construction portion of the project, the Atfalat’i Unit will contain one 280-acre Web: fws.gov/refuge/Tualatin_River connected floodplain and only three managed wetlands. A section of the Wetlands Seasonal Trail (near #5 above) will be removed and replaced with a new section of trail that was Facebook: previously a closed area of the Refuge. Portland-Vancouver National Wildlife Refuges The Power of Partnership Phone: (503) 625-5944 From research, to know-how, to financial support, a project of this size could only Email: [email protected] happen by working closely with community partners: • Clean Water Services (CWS): This water resource utility has been our primary technical partner. CWS has led and funded engineering and design for the construction elements and provided technical and funding support related to re-vegetation. Project Partners • Ducks Unlimited (DU): This non-profit focuses on conservation, restoration, and management of waterfowl habitat for the benefit of wildlife and people. DU secured a grant that allowed planning work to begin and is covering some of the construction costs. They function as the regulatory compliance lead on the project, securing the necessary permits. • Oregon Department of Fish & Wildlife (ODFW): This state wildlife agency has a shared mission to restore habitat for wildlife and the enjoyment of present and future generations. ODFW Fisheries biologists have provided technical support to channel and bridge design and large wood placement in order to maximize the benefits for aquatic species. • Willamette Water Supply Project (WWSP): This Joint Venture of the Tualatin Valley Water District and the City of Hillsboro works to ensure adequate and safe water supplies to meet future needs. In addition to voluntary conservation actions, like assisting with the restoration of Chicken Creek, WWSP has contributed $420,000 to the project. • The Friends of Tualatin River National Wildlife Refuge (Friends) and Tualatin Soil and Water Conservation District (TSWCD): In addition to assisting with re-vegetation and outreach around the project, the Friends secured a $100,000 grant from TSWCD to help fund construction of one of the new footbridges that will replace a water control structure. THIS PAGE IS INTENTIONALLY BLANK CWS/USFWS – WAPATO NWR – TREE FOR ALL PROJECT BRIEFING

January 14, 2020

CWS Board of Directors Carol Murdock: Business Practice Leader 1 – Integrated Planning Larry Klimek: Refuge Manager, Tualatin River National Wildlife Refuge Complex Wapato Lake National Wildlife Refuge Project Goals: Protect Water Quality, Create High Quality Wildlife Habitat, Provide Public Access for Recreation

BEFORE AFTER

 Water Quality Impacts to Tualatin River  Reliable Water Management Infrastructure

 Wildlife Habitat

 Infrastructure Failures The Power of Partnership: Creating a More Resilient Tualatin River Basin Water… NAWCA GRANT Intel Corporation

In-kind services

Bonneville Environmental Foundation Tualatin River National Wildlife Refuge Complex Tualatin River NWR - Chicken Creek Collaborative Restoration THANK YOU THIS PAGE IS INTENTIONALLY BLANK WORK SESSION|ROUNDTABLE Item #9 CLEAN WATER SERVICES BOARD OF DIRECTORS

Session Date: January 14, 2020 Length of Time Requested: 30 minutes Title of Topic: PRETREATMENT 101 Department: Regulatory Affairs Presented by: Robert Baumgartner, Director Names & Titles Joy Ramirez, Environmental Services Supervisor

LIST OF ADDITIONAL DOCUMENTS OR PRESENTATIONS: (Exhibits 1-2 below are hyperlinked.) 1. Ordinance No. 27 (commonly known as the Sewer Use Ordinance). 2. Resolution and Order 09-1 (Sewer Use Rules and Regulations). 3. A PowerPoint presentation

PURPOSE & DESIRED OUTCOME: • Provide background of Environmental Services program, including federally-required pretreatment program. • Review regulatory requirements. • Evaluate needs of local program as well as mandated state and federal programs. • Update Board of Directors with findings and recommendations. • Ensure program is transparent to customers, stakeholders and regulators.

POLICY QUESTIONS FOR THE BOARD TO CONSIDER: For Board background; no policy requests at this time.

SUMMARY OF TOPIC: The Clean Water Services (District) Environmental Services program provides a wide range of environmental response and regulatory services and protects the publicly owned treatment works (POTW). These services include responding to complaints of illicit discharges to surface water, stormwater and the sanitary system; controlling industrial stormwater; pollution prevention; and mercury minimization. Environmental Services also implements the industrial pretreatment program as required by a National Pollutant Discharge Elimination System permit. The pretreatment program is a federally-mandated program to protect worker safety, human health, infrastructure and the environment from industrial and commercial discharges into the POTW. Environmental Services oversees federal requirements for certain industrial facilities, implements local programs to recover costs and provides oversight to ensure any discharges do not impair the treatment plants. The Environmental Services team helps to ensure treatment plants meet strict permit limits and prevent pass-through of pollutants from industrial sources to the river. DEQ and U.S. EPA oversee the pretreatment program and, in an audit, DEQ recommended the District review its enforcement documents. SUMMARY OF TOPIC: (continued) The amount, variety and complexity of industrial and commercial chemicals being discharged to the storm and sanitary systems continues to increase. For example, the Board was recently briefed on issues related to the discharge of PFOS and PFOA, two perfluorinated chemicals of emerging concern. Staff is undertaking a critical review of the industrial pretreatment implementation manual, ordinances, and resolution and orders to ensure the pretreatment program is transparent to customers, stakeholders and regulators. Additionally, staff is assessing the effectiveness of the local program. The federal pretreatment program has not kept up with new types of nondomestic sources and pollutants. As a result, there is more dependence on local programs to provide environmental response and regulatory services. PRETREATMENT 101 Clean Water Services Board of Directors Joy Ramirez, Environmental Services Supervisor Bob Baumgartner, Regulatory Affairs Director January 14, 2020 Environmental Services Program • Complaint response • Pollution prevention • FOG (fats, oils, grease) • Industrial stormwater • Pretreatment program . Federal (40 CFR § 403) . Local Pretreatment Program Goals • Worker safety • Public health • Environment • Infrastructure • Beneficial reuse . Biosolids . Water Pretreatment Program • CWS role • State role • Federal role Implementation • Focus on industrial sources • Federally mandated programs . Federal rules . State rules • Local program . Cost recovery . Environmental oversight Who We Are • 7 Environmental Services Specialists . Avg. 73 industries per Specialist  Pretreatment and stormwater permits • Pretreatment permitted industries . Significant Industrial User . Categorical Industrial User . Local users

…and Washington County is GROWING Major Activities • Local limits • Permitting – federal and local • Compliance . Monitoring . Inspections • Education • Technical assistance • Enforcement Ensure Effectiveness • Self-monitoring and reporting • Technical assistance • Education • Warnings • Formal enforcement . Penalties . Orders . Termination of services Positive Reinforcement • Pretreatment awards • Environmental Excellence award • Collaboration What’s Next • Complete program review . Update Environmental Services manual . Improve permitting process • Implementation . Update Resolution and Order • Enforcement . Update Ordinance 27 Jan. 14, 2020 Third Fourth Board briefing quarter quarter Draft Board documents approval 2020 First quarter Third Engage internal quarter and external Informal stakeholders regulatory review THANK YOU