2009-1423-Minutes for Meeting July 20,2009 Recorded 8/11/2009COUNTY
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COMMISSIONERS' JOURNAL
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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
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:
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Recording Secretary
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
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Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session
Page 5 of 5 Pages
Monday, July 20, 2009
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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
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.