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2009-1423-Minutes for Meeting July 20,2009 Recorded 8/11/2009COUNTY NANCYUBLANKENSHIP,F000NTY CLERKDS CJ ~049~1473 COMMISSIONERS' JOURNAL 06/1112409 4$;16;54 AM II 1111 11 2 0a-1423 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page 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 MONDAY, JULY 20, 2009 Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Erik Kropp, Deputy County Administrator; Ken Hales, Corrections; Nick Lelack, Todd Cleveland, Dennis Perks and George Read, Community Development; Laurie Craghead, Legal Counsel; media representative Hillary Borrud of The Bulletin; and five other citizens. Chair Baney opened the meeting at 1:30 p.m. 1. Discussion regarding Lobbyist Assistance with a HUB Zone Rider. Erik Kropp explained that he has obtained a cost estimate from the Ferguson Group, a federal lobbyist firm, on a particular issue, establishment of a HUB Zone. Commissioner Baney said that the Ferguson Group worked hard for the County while under contract some time ago, but it was felt that the arrangement with the local delegation was enough at the time. Commissioner Luke stated that Representative Walden's district is bigger than most states, and his staff is limited. He felt that the Ferguson Group did a good job of representing the interests of the County in working both sides of the aisle. Much of what they did was interacting with the delegation staff. It was not his idea to hire them to start with, but he later felt they were an asset. He added that some of the primary players in the HUB Zone are the cities. He suggested that the Senators be involved. He will contact some of the federal staff to follow up on this issue. Minutes of Board of Commissioners' Work Session Monday, July 20, 2009 Page 1 of 5 Pages 2. Discussion of Special Transportation Fund Formula Grant Allocations. Judith Ure gave a brief overview of the item. She said that for fiscal year 2009- 10, Deschutes County is scheduled to receive about $263,000, somewhat less than last year. There are three openings. The allocations are not geographical, but are based on transportation needs, diversity and other factors. Commissioner Luke said that Central Oregon Intergovernmental Council just got a big grant for transportation issues. Ms. Ure said that she believes it is for planning purposes, however. Ms. Ure said there is a timing issue, and hopes that this will not be challenged. The transportation package would be phased as well.. There is some question about discretionary funding programs and how those funds might be distributed. It is possible that eventually a new program will be developed. The Board can take the committee's recommendation as it stands; do another process; or reallocate in some other way. There is a contingency amount of about $28,000 remaining. Commissioner Luke observed that it is hard to make decisions regarding funding, especially now that the economy is so difficult. The Commissioners felt the committee's recommendations are appropriate. This is an item for the July 22 Board business meeting agenda. 3. Continued Discussion of July 22 Meeting with the DEQ. Todd Cleveland gave the background on groundwater protection efforts in south County, which began in the early 1980's. Laurie Craghead cautioned that there is a pending lawsuit and care should be taken on what is expressed. There needs to be a lot of consideration given to the tremendous amount of work that has taken place to this point. The group then reviewed material. Chair Baney said she had a discussion with Ed Criss, a La Pine resident, on whether to include certain entities or members of the community. She asked that Mr. Criss act as facilitator. He said that one other person from the community can participate and he will act only as facilitator. It is unknown exactly who will be attending from the State agencies. Minutes of Board of Commissioners' Work Session Monday, July 20, 2009 Page 2 of 5 Pages Commissioner Luke asked about videotaping the meeting. Commissioner Baney felt that this might be too costly due to the length of the meeting, but it will be considered. Maps were discussed at this time. (The group referred to oversized maps that show where contamination might flow if it is present, and where the nitrate loading might occur.) The timing is hard to gauge. The Commissioners agreed on a couple of maps that show the river and other aspects. Commissioner Unger asked how everyone would be kept on track. The group discussed how the meeting would be structured. Citizen Mike Neary asked what specifically is going to be handed off to the DEQ. Chair Baney said it would be the groundwater protection program at this point. They have not discussed the implementation of the system program and some other issues. Commissioner Luke wanted to know not only when other meetings would happen, but more importantly, what should be discussed. Commissioner Baney said that the County will be a participant, but will not be making those decisions at that point. Mr. Cleveland stated that the loading capacity of the aquifer is already being exceeded, and the longer this process takes, the harder it will be to handle it. It will take longer and be much more expensive in the long run. Commissioner Baney said that DEQ put the study together and it will be up to DEQ to make decisions on how to proceed. 4. Update of Commissioners' Meetings and Schedules. Commissioner Unger said that he spoke at the La Pine Chamber meeting recently. He found out that there is BLM property located in the middle of La Pine that might be considered for disposal. Commissioner Luke said that he has no problem with property going to the appropriate entity, but it has to go to a government entity. The Commissioners are not sure why the County would have to be involved, and that it could be a very simple transfer. This property is not yet earmarked for disposal, and the County does not want to bear an undue burden for handling this process. Minutes of Board of Commissioners' Work Session Monday, July 20, 2009 Page 3 of 5 Pages 5. Other Items. A request was received from the Sheriff's Office and others about recognizing Code Enforcement Officers' Week. Recommendations from the Bicycle/Pedestrian Advisory Committee on the Three Sisters Bikeway were presented by Commissioner Baney. This is a State function and could be part of a future Oregon Bikeway. Commissioner Baney will be on vacation in late August, returning by September 1. Commissioner Unger will be on vacation in early September. 6. Executive Session, under ORS 192.660(2)(h), Pending or Threatened Litigation. The Board went into executive session at 2:50 p.m., and came out of session at 3:05 p.m. LUKE: Move to accept the recommendation that Amanda Wallace be allowed leave without pay up through July 31, 2009. UNGER: Second. VOTE: LUKE: Yes. UNGER: Yes. BANEY: Chair votes yes. Being no further items addressed, the meeting adjourned at 3:20 p.m. Minutes of Board of Commissioners' Work Session Monday, July 20, 2009 Page 4 of 5 Pages DATED this 20th Day of July 2009 for the Deschutes County Board of Commissioners. ATTEST: $If4v~- - &du~ Recording Secretary Tammy Baney, Chair Dennis R. Luke, Vice Chair a~~ ullt~ Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Page 5 of 5 Pages Monday, July 20, 2009 J ~ 0 N h r y N ' U _ Cs C O N 1 ~ ~ ly) ~ v~}} N - ~ M T 44 J c e- <cc Q- v CD U V o a co O v ~ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, JULY 20, 2009 1. Discussion regarding Lobbyist Assistance with a HUB Zone Rider (see attached e-mail) 2. Discussion of Special Transportation Fund Forumla Grant Allocations - Judith Ure (see attached information) 3. Update of Commissioners' Meetings and Schedules 4. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Date: July 15, 2009 To: Deschutes County Board of Commissioners From: Judith Ure, Management Analyst Subject: Special Transportation Fund Advisory Committee Recommendations Special Transportation Fund Formula Grant Process Each year, Deschutes County receives an allocation from the Oregon Department of Transportation's (ODOT) Special Transportation Fund (STF) Formula Grant Program for the purpose of supporting transportation services for the elderly and people with disabilities. These funds are then distributed by the County to local service providers through a competitive grant process. Applications are reviewed by the County's STF Advisory Committee which then formulates a recommendation for consideration by the Board of County Commissioners. Upon Board approval, staff submits an application to ODOT as required to receive the funds and begins the process of preparing individual contracts with recipient agencies under the direction of the County Administrator as the delegated legal signatory for STF activities. STF formula grant funds are made available on a fiscal year basis that begins on July 1. Approved recipients of grant funds are reimbursed quarterly after submitting status reports that detail revenue and expenses, trips provided, hours and miles driven, equipment operated, and accident history for the reporting period. Amount Available Deschutes County's fiscal year 2009-10 STF formula allocation from ODOT totals $265,547, of which $2,000 can be retained by the County to offset administrative expenses. Approximately $28,000 is available in the County's STF program fund as carryover from 2008-09 as a result of interest earnings and previous unclaimed grant awards. However, the County has historically reserved much of the carryover that occurs each year for contingency purposes. The following chart illustrates how the amount to be distributed as grants to local providers during fiscal year 2009-10 was determined: Description Amount + / - Total FY 2009-10 STF Allocation from ODOT +$265,547 $265,547 Program Administration Allotment -2,000 263,547 Carryover from FY 2008-09 +28,000 291,547 Contingency -27,198 264,349 Total Available for FY 2009-10 $264,349 Special Transportation Fund Advisory Committee Recommendations Deschutes County received five applications requesting funding in the amount of $372,803. All of this year's applicant agencies have been awarded STF formula grants by Deschutes County in the past and have a strong record of performance within the grant guidelines. The Deschutes County STF Advisory Committee met in June and July to review applications for funding and to develop a recommendation for STF distribution. Applicant agencies were invited to attend one of those meetings and were given an opportunity to further describe their services and requests for funding. The Committee's recommendation, which appears below, along with a history of past awards, is based on the amount available for distribution, written and verbal information provided by the applicants, and priorities identified in the Deschutes County Coordinated Human Services Transportation Plan. The last column in the following chart outlines the resulting recommendation of the STF Committee. Agency 2004-05 Award 2005-06 Award 2006-07 Award 2007-08 Award 2008-09 Award 2009-10 Recommendation Bend Dial-A-Ride* 135,975 140,950 140,950 142,280 138,795 127,129 Central Oregon Council on Aging 46,253 47,555 47,555 49,113 0 0 Central Oregon Resources for Independent Living 9,870 10,163 10,163 10,764 11,374 12,670 O ortuni Foundation 19,845 20,583 20,583 22,384 22,499 23,500 Residential Assistance Program 6,458 6,573 6,573 0 0 0 Interfaith Volunteer Caregivers 12,758 11,025 11,025 0 0 0 DHS Volunteer Services 11,025 12,758 12,758 13,482 18,384 18,667 Central Cascade Lines 0 0 0 41,409 0 0 Central Oregon Intergovernmental Council 0 0 0 0 88,949 82,383 Total 242,184 249 607 249 607 279 432 280,001 264,349 *During the fiscal year 2007-08 process, an additional $5,250 per year for a two-year period was awarded to Bend Dial-a-Ride for services to specific individuals living outside the current service boundaries. That allocation represents a prior commitment which expired at the end of fiscal year 2008-09 and did not factor into this year's award process. Recommended Action Staff recommends that the Board of Commissioners approve the recommendations of the STF Advisory Committee and authorize the Board Chair to sign the County's Special Transportation Fund Formula Program application to ODOT when available. Background of Deschutes County's Groundwater Protection Efforts History of Groundwater Program ➢ 1982 La Pine Aquifer Study finds high nitrate levels in core La Pine area, sewered in 1986 ➢ 1994 DEQ finds elevated nitrate levels in groundwater outside La Pine core area ➢ 1996 Deschutes County begins Regional Problem Solving process to address rural development issues including water quality threatened by septic systems. ➢ 1999 DEQ receives La Pine Demonstration Project and partners with Deschutes County and USGS (groundwater study, nitrogen reducing systems, operation and maintenance) a. Nitrogen from conventional onsite systems polluting aquifer b. Nitrogen reducing onsite systems are effective with proper operation and maintenance c. Nitrate Loading model can be used for management solutions ➢ 2005 Deschutes County receives grant for Groundwater Protection Program a. Creation of Pollution Reduction Credit Program (financial incentive program) i. Technical Advisory Committee recommended framework for local rule b. Local Rule adopted to require groundwater protection action - July 2008.(see Staff Report) Included 8 public hearings and meetings with BOCC and written record open for over a year (extensive public comment record available). c. Recommendations for a Financial Assistance Program d. Operation and Maintenance Program for new onsite systems put into place ➢ March 2009 - Local Rule repealed through ballot petition and election II. Next Steps a. DEQ should take the lead from here to find a workable solution to protect our groundwater b. Concerns: i. "Doing nothing is not an option" ii. Cost of solution iii. The longer before a solution is implemented the bigger the problem will be, the longer it will last and more complex/costly a solution.