2007-1419-Minutes for Meeting July 11,2007 Recorded 8/7/2007DESCHUTES COUNTY OFFICIAL RECORDS 2007+4~
NANCY BLANKENSHIP, COUNTY CLERK 1iJ 9
COMMISSIONERS' JOURNAL
111111111 IN 1111111111111 II 111 08/07/2007 03;32;44 PM
2007-1419
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Deschutes County Clerk
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{ Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 119 2007
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; and, for part of the
meeting, Laurie Craghead, Legal Counsel; Catherine Morrow, Todd Cleveland,
George Read and Barbara Rich, Community Development; Sue Brewster and
Capt. Tim Edwards, Sheriff's Office; and media representatives Chris Stollar of
The Bulletin and Jeff Mullins of KBND Radio.
The meeting began at 2:05 p. m.
1. Oregon Natural Desert Association - Badlands Wilderness Project
Proposal.
This item was postponed to a future date due to the morning business meeting
lasting until nearly 2:00 p.m.
2. Discussion regarding Proposed Alarm Ordinance.
Dave Kanner stated that the alarm ordinance was adopted previously in 1979,
and is very outdated. Sue Brewster looked at the City of Bend's ordinance in
this regard. There have been over 600 false alarms through the Sheriff s Office,
which takes up a considerable amount of Deputies' times. Part of the process
would be to contact citizens by certified mail if there are an excessive number
of false alarms, notifying them that the Sheriff will not respond to future alarms
except for fires. This can be appealed by the owner.
This item will be on the July 25 agenda for consideration.
Minutes of Administrative Work Session Monday, July 11, 2007
Page 1 of 4 Pages
3. Update on South County Groundwater Project.
Dave Kanner said that he sent a notice to Judy in La Pine, notifying her of this
discussion.
Barbara Rich explained that the USGS report would be published around the
end of September. She has been working with the Department of
Environmental Quality's onsite manager on what to do to move forward. The
problem has already been published so action does have to be taken. The DEQ
needs to acknowledge they agree with this statement so that solutions can be
pursued.
Commissioner Luke said that there are various levels of problems. It can't wait
twenty years. Part of the emphasis should be not waiting until the problem is so
bad it becomes a crisis. It is easier if you don't let it get to that point. The
pollution process needs to be slowed down starting very soon.
Catherine Morrow stated that the meeting with the DEQ led to this delay, which
is about the solutions and not the problem. The study in September addresses
the solutions.
Commissioner Luke asked if the issue is with the solutions and not the problem.
Ms. Morrow said that DEQ needs to confirm there is a problem before a
solution can be pursued. The report is not about the problem, but the solutions.
Commissioner Baney said she asked them if they felt there is a problem, but
they wouldn't give a specific action. DEQ management may want to pass this
on to staff but it should come from the top.
Ms. Morrow stated that if the pressure comes from the Board, perhaps they will
get some kind of definitive reply and consensus from DEQ management. The
reports are DEQ reports to begin with.
The other side of the equation is the solution aspect. There is confusion about
that, and the DEQ says other options should be considered but there aren't
many options that the County can consider.
Commissioner Luke noted that Deschutes County is doing the monitoring under
contract with DEQ, so DEQ is responsible.
Minutes of Administrative Work Session Monday, July 11, 2007
Page 2 of 4 Pages
Barbara Rich stated that discussion about sewer systems is outside of the
County's authority; this falls within the authority of DEQ. Joanie Hammond is
the Director for the Eastern Region; Mike Kazinski is the only onsite program
manager they have. He won't do anything without management approval. He
is working with other persons within DEQ who believe a sewer system would
be best.
Ms. Morrow asked for direction on how to pursue it. The County can only
handle the offsite systems. The DEQ has to declare there is a health hazard in
order to pursue sewer systems. Otherwise an exception to Goal 11 has to be
pursued. Oregon Water Wonderland has done this in the past. Neither of these
options is very logical for the entire La Pine area. It is a huge legal process and
very expensive to the County and citizens.
Commissioner Luke said that DEQ would like everyone in the State on sewer
systems. Ms. Morrow stated that it has to be demonstrated that it is the only
practical solution, and even DEQ won't acknowledge that. If the solution is
within the context of the local rule, that is for the Board to decide. The question
now is, if DEQ doesn't want the local rule pursued, what do they want? Since
they agree there is a problem.
Staff needs direction on how to proceed. Commissioner Baney said that they
won't state that there is a problem; that is the first step. Ms. Morrow stated they
have published documents that acknowledge there is a problem. It's unknown
why they won't say outright that they feel there is a problem even though
various documents published by DEQ state there is one. There is no way to
move forward with the public until DEQ is on board. If the DEQ chooses to do
nothing, they need to make a statement that there isn't a problem and tell the
County to back off altogether. If a problem arises in the future, DEQ could then
declare an emergency. But the concern of County staff is that the water is good
now, but they want to see it stay that way into the future.
A letter will be drafted and an attempt made to schedule a meeting of the Board
with management in order to establish some guidelines and come up with a
common statement. Todd Cleveland said that standard systems continue to be
installed, which worsens the problem. He then discussed the various systems
that might be available.
Ms. Morrow, Mr. Cleveland and Tom Anderson met with several of the La Pine
citizens for over two hours to try to answer their specific questions.
Minutes of Administrative Work Session Monday, July 11, 2007
Page 3 of 4 Pages
4. Economic Development Grant Requests.
Senior Council in Sisters - Commissioner Baney granted $1,500; and
Commissioners Luke and Daly granted $1,000 each.
Bend Film Festival - Commissioner Baney granted $1,000.
5. Update of Commissioners' Schedules; Meeting Details.
Commissioner Luke said that AOC meets the second Monday of each month
throughout the year, so Board meetings and work sessions should not be
scheduled on those dates.
6. Other Items.
None were offered.
Being no further items to come before the Board, Commissioner Daly
adjourned the meeting at 3: 00 p.m.
DATED this 11th Day of July 2007 for the Deschutes County Board of
Commissioners.
ichael M. Daly, C it
D nnis R. Luke, Vi e Chair
n"V-,oc-
ATTEST: Tammy y, Com i sinner
&"A~l
Recording Secretary
Minutes of Administrative Work Session Monday, July 11, 2007
Page 4 of 4 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, JULY 119 2007
1. Oregon Natural Desert Association - Badlands Wilderness Project Update
2. Discussion regarding Proposed Alarm Ordinance - Capt. Tim Edwards, Sue
Brewster, Sheriff's Office
3. Update on South County Groundwater Project - Catherine Morrow, Barbara
Rich
4. Economic Development Grant Requests - Susan Ross
5. Update of Commissioners' Schedules; Meeting Details
6. Other Items
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real property negotiations;
ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at
1300 NW Wall St., Bend, unless otherwise indicated.
If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Progress Report: Proposed Local Rule
Deschutes County Community Development Department
117 NW Lafayette Ave., Bend, OR 97701
PH: (541) 388-6575, FAX: (541) 385-1764
Web: www.deschutes.or.q/cdd/gpp/ for the Groundwater Protection Project site
J-tES ~
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The goal of the Local Rule is to protect the sole source of drinking water for the residents of south
Deschutes County using the least cost option and creating financial assistance programs.
1. USGS Model Report publishing schedule (see revised timeline)
a. DEQ review and comment on report is complete
2. Initiate preparation for next DEQ/BOCC meeting
a. Timing
b. Purpose/goal
c. Desired outcome
3. Staff meeting with Oregon Department of Environmental Quality
a. Define the problem and whether it needs to be fixed based on:
i. Oregon's groundwater quality protection standard
ii. Federal drinking water standard
iii. Existing published reports
b. Defining the solution
i. Local steps
ii. State steps
4. Legal/rule review regarding Goal 1 public involvement committees
5. Financial assistance program
a. Third party administrator
b. Maintenance service provider circuit rider program
6. Ongoing public information requests
a. Groundwater Project update sent to Sunriver Scene and Newberry Eagle (attached)
b. Various individual informational meetings with members of the public, business
representatives, subdivision representatives and consultants
c. E-mails and letters
i. Responses to a-mails and letters continue in a timely fashion
ii. More common question of late: "Why no action if we knew the problem was
developing back in 19997"
d. Ongoing updates to informational handouts and the project web site
e. Materials donated to citizen groups
Groundwater Protection Project Update Page 1
Last updated. 711012007
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Groundwater Protection Project Update July 2007
By: Deschutes County Community Development Department
Update available:
The Deschutes County Community Development Department recently updated the Frequently
Asked Questions handout for the Groundwater Protection Project using questions submitted
during the public hearing before the Board of County Commissioners of the proposed Local
Rule for onsite wastewater treatment systems. The updated handout is available on the website
at www.deschutes.org/cdd/gpp/ or upon request from the Community Development Department
offices in Bend or La Pine.
Local Rule Proposal Status:
The Board of County Commissioners is still accepting written testimony on the proposed Local
Rule. The Board intends to meet with the Oregon Department of Environmental Quality (DEQ)
once the DEQ has completed review of the report that documents the computer model being
used to evaluate options for managing groundwater quality in south Deschutes County. The
follow-up meeting has not yet been scheduled.
In summary, the model provides information on the sustainable capacity of the aquifer to receive
septic effluent while still meeting groundwater quality goals and standards. The model shows
that the capacity of the aquifer varies from place to place and variable treatment standards can
help keep the cost of groundwater protection as low as possible while still protecting water
quality. Variable treatment standards have been proposed as part of the Local Rule in order to
make the financial assistance funds cover as much of the upgrade to existing onsite wastewater
treatment systems in the region as possible.
Research Reports available:
The following is a list of published reports that present the research completed in the south
Deschutes County region:
• Aquifer-scale controls on the distribution of nitrate and ammonium in ground water near La
Pine. Oregon, Journal of Hydrology, printed January 2007, available at
www.deschutes.org/cdd/gpp/. Main points:
■ The groundwater in the region is becoming contaminated
■ The source of the contamination is conventional onsite wastewater treatment
systems
■ Most of the contamination is currently in the portion of the aquifer above the level
from which existing domestic wells draw water
■ The contamination will move down and through the aquifer over time to the level
from which existing domestic wells draw water
■ The aquifer has some natural protection that removes nitrate, but not in the portion of
the aquifer that contains the best tasting (least mineralized) drinking water
• DEQ Report to the Legislature: Groundwater Quality in Oregon, January 2005, available at
www.deq.state.or.us/pubs/index.htm. Main point:
■ Conventional onsite systems like standard, pressure, and sand filter systems provide
minimal protection from nitrate pollution for the groundwater of the La Pine sub-basin
of the upper Deschutes River watershed.
• Oregon's 2004 Water Qualitv Assessment Section 305(b) Report, Oregon DEQ, Water
Quality Division, July 2004, available at www.deq.state.or.us/pubs/index.htm. Main points:
■ Contamination from conventional onsite systems is polluting groundwater.
■ Most existing domestic wells still draw water that is older than development in the
region.
■ As contamination from existing and future development builds up in the aquifer, more
wells will be impacted over time.
Organic Wastewater Compounds, Pharmaceuticals, and Coliphage in Ground Water
Receiving Discharge from Onsite Wastewater Treatment Systems near La Pine, Oregon,
Scientific Investigations Report 2005-5055, available at
http://or.water.usgs.gov/proj/orl86/new_site/reports.html. Main points:
■ Viruses are reduced within short distances of the drainfield
■ Some household contaminants and pharmaceuticals travel with water, but most are
removed within short distances of the drainfield
■ Treatment provided by the unsaturated zone below the drainfield provides important
protection by allowing removal of viruses and certain pharmaceuticals and household
contaminants.
• Groundwater Water Quality Report for the Deschutes Basin, Oregon DEQ, Laboratory and
Water Quality Divisions, March 2006, available at
http://www.deq.state.or.us/lab/techrpts/groundwater/dbgroundwater/dbgwreport.pdf. Main
points:
■ Previous groundwater quality studies in the La Pine area had shown the sole source
aquifer was vulnerable to contamination.
■ The studies had also shown some parts of the aquifer were already contaminated
with nitrates.
■ The County can use the management model to support decisions quantifying the
relationship between water quality constraints and optimal solutions.
More Information:
Information about the Groundwater Protection Project for South Deschutes County is available
on line at www.deschutes.orq/cdd/gpp/ or at the Bend and La Pine offices of the Deschutes
County Community Development Department.
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