2009-1453-Minutes for Meeting August 26,2009 Recorded 9/11/2009COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKS OJ 1009.1453
COMMISSIONERS' JOURNAL 0911112009 1a;15;Z0 AM
II j[1j!I I IIIIIIIIIIIIIIII IIII
2143
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
WEDNESDAY, AUGUST 26, 2009
Present were Commissioners Dennis R. Luke and Alan Unger; Commissioner
Tammy Baney was out of the office. Also present were Erik Kropp, Deputy County
Administrator; David Inbody, Assistant to the Administrator; Judith Ure,
Administration; Tom Anderson, Community Development; representatives of
NeighborImpact and the City of Bend and several other citizens; and two
representatives of the media.
Vice Chair Luke opened the meeting at 1: 30 p. m.
1. NeighborImpact - Foreclosure Prevention Strategies.
Erik Kropp introduced Laura Fritz and Corky Senegal of NeighborImpact, and
Jim Long, the Affordable Housing Manager for the City of Bend.
Ms. Fritz explained that the foreclosure rate in Central Oregon is the highest in
the State, and affects all income levels. The issues are typically related to loss
of income or unemployment, and not necessarily sub-prime loans.
Commissioner Luke said that builders were doing spec homes and people had
been investing in more than one house. He asked if there is a relationship of
these versus a home that someone is living in as a primary residence. Ms. Fritz
replied that their focus is on the primary residence, and she could not say how
the numbers relate. Many people in the construction and real estate industries
have been affected. Banks will not work with someone if there is no ability to
pay.
She said that NeighborImpact was hit last year by this crisis. They had two
housing counselors professionally trained in foreclosure prevention, but they
are hiring more now to meet the need. There are other groups out there who
will help, but they charge a fee. NeighborImpact is HUD certified and its
services are free. There is a big distinction. No income test is required for this
service.
Minutes of Board of Commissioners' Work Session Wednesday, August 26, 2009
Page 1 of 7 Pages
They tried to work with everyone on an individual basis, but it is now
overwhelming. Instead, a foreclosure workshop is now being offered every two
or three weeks. People who need counseling first need to attend the class,
before receiving individual counseling. The biggest complaint from their
clients is that it is difficult to get information from the loan servicer or bank.
Another reason for the workshop is to provide information they can use to work
with their lender themselves. Attendance in the workshops usually is about 20
people. These have been offered since April, but only in Redmond. They serve
the tri-county area.
NeighborImpact would also like to get information out on what people need to
avoid. At this point, they are typically in a panic and vulnerable to scams.
There are companies out there that will charge to assist them, but many of these
will just take what little money the person has left. (copy of class information)
Commissioner Luke asked if they are hearing about people walking away from
their home or having damaged it before leaving. Ms. Fritz said she is not in
one-on-one contact with clients, but knows there are instances of this. If
someone does not have income, it is a challenge to keep his or her own home.
Ms. Fritz asked the Board if they could help get the word out about what hey do
in this regard, as they want people to be made aware of this service before it is
too late to help them. Dave Kanner suggested putting the information or a link
on the County's website. Commissioner Unger said that public service
announcements would help people become more aware of NeighborImpact and
its services.
Ms. Fritz asked if some kind of information could be inserted with the next
property tax billings. She said that working with the County adds another layer
of legitimacy to what they are offering. Commissioner Luke replied that there
is an associated cost of printing and inserting. He said that members of the
Central Oregon Builders' Association and the Realtors get weekly updates via
e-mail, and other groups may have newsletters or e-mail lists of members.
Mr. Kanner said he would put the County Communications Coordinator in
touch with Ms. Fritz to help reach the different groups.
Minutes of Board of Commissioners' Work Session Wednesday, August 26, 2009
Page 2 of 7 Pages
Jim Long of the City of Bend stated that part of the Recovery Act funding could
be utilized to stabilize housing. It has to be used for down payments on bank-
owned, foreclosed properties. It involves a competitive grant based on census
tracts. A consortium application can also be done, involving other areas. Some
could be used for down payment on housing, while some could be used for
rehab assistance.
His group is working with NeighborImpact and Housing Works on this
program. The goal, if they get funding, will result in getting perhaps 300 homes
out of jeopardy. It would be a zero interest, deferred payment program, with
the funds coming back in at time of sale. It is not an investment program and
has to be for primary residences.
Corky Senegal added that additional stimulus funds would be aimed at the
homeless issue, preventing homelessness and stabilizing people's situations.
She gave an overview of how the funding might be used and the timeframe
involved. There are from 28 to 35 households on the rolls at any given time.
This augments the rental assistance program, but are grants and not loans.
There has been a slight increase in emergency shelter services funding from the
federal government, but they took big cuts from the State, some as much as
32%.
Erik Kropp added that homelessness is a regional issue. The ten-year plan to
address homelessness shows that a homeless person in one county does impact
another. Commissioner Luke said that the realization is there and the various
entities are working together as a region on this. Ms. Senegal added that this
adds strength. The State and HUD are watching what happens in this region to
see if the same would work elsewhere.
Andy High of the Central Oregon Builders' Association said that he is involved
in reviewing applications on rehabs and remodels for banks. A lot of members
are working on these rehabs and remodels now. His group is working on a
program to make sure that when people move out, they leave things in
reasonable condition and that the property is secure after they leave. They have
people working on these situations every day right now.
Minutes of Board of Commissioners' Work Session Wednesday, August 26, 2009
Page 3 of 7 Pages
2. Request from Bend Community Center for DEQ Grant.
Bruce Abernethy requested that the County apply to DEQ for a solid waste
grant on behalf of the Bend Community Center to help augment their waste
prevention efforts. One is a bundling program for clothing left over from thrift
stores to keep that material out of landfills. The market is about 7-8 cents per
pound. It is shipped to underdeveloped countries where they use it for a variety
of purposes.
There is not a bundling operation like this in Bend. There is one in Redmond at
the Opportunity Center and another in Prineville. Between all of the local thrift
stores, they should be able to generate 400,000 lbs. a year, which will then be
kept out of the landfill.
The Bend Community Center operates a program out of a bike shed, teaching at
risk youth skills related to bike repair and maintenance. They are working with
the Bethlehem Inn on this and doing repairs on site. They hope to have a
permanent station for this at the Bend Community Center warehouse, and will
work with the landfill to pull out bikes and bike material.
The request to the County is for the County for request a grant of $15,000 to
purchase a used moving van and a used forklift. If the County is willing, the
application must be postmarked by August 28.
Commissioner Luke said that something similar to this was approved for the
Bethlehem Inn. He asked whether two applications could be submitted. Judith
Ure replied that the guidelines do not address this.
LUKE: Move that the County Administrator be able to sign this application
for the County.
UNGER: Second.
VOTE: UNGER: Vice Chair votes yes.
UNGER: Yes.
Minutes of Board of Commissioners' Work Session Wednesday, August 26, 2009
Page 4 of 7 Pages
3. Update on Fee Waiver Request.
Tom Anderson stated that a situation that could trigger a modification of the
ordinance relating to fee waivers was discussed last week. He said it was a
similar situation to the one currently presented, having to do with a home that
burned down and the people having no insurance. The individuals with the
current request are trying to replace the dwelling through a reverse mortgage,
and are working with the USDA on a grant for the septic system. In order to
replace it, they asked that the fee be waived. It costs about $3,300 for a
placement permit and specialty permits.
The fee waiver policy has normally been for the public good or indigency, but
there is another guideline listed under which the Board can issue a blanket fee
waiver for classes of hardships, such as catastrophic fire. In doing more
research, there was at least one and maybe two others that have come to the
Board before regarding single properties, and the fees were waived.
Mostly this is income-related with an application that discloses financial
information. Staff does not do extensive checking, but looks for adequate
information. Commissioner Luke stated that once something comes to the
Board it is then public record, so he would like something like this handled at
the staff level.
Commissioner Unger asked if the fee could be deferred, tied to the property.
Mr. Anderson stated that there is no provision in the policy for deferral, but
there is one for community service in exchange for the waiver. There is a
maximum amount they can get through the USDA. He encouraged them to
include the permit information in the application. They is not much they can do
in terms of the mortgage; as there is not enough funding combined with the
USDA assistance to cover it. NeighborImpact has a home rehabilitation
program, but new construction does not qualify.
The Commissioners wanted to know whether the people are actually in the
position of needing this funding. Mr. Anderson stated that he has a balance
sheet showing the cost of replacement, the expenses and where funding will
come from, to determine if there is a hole in the funding for what is needed.
Minutes of Board of Commissioners' Work Session Wednesday, August 26, 2009
Page 5 of 7 Pages
UNGER: Move that the County Administrator and Community Development
Director review the documentation and determine how to handle the
transfer of funds, as appropriate.
LUKE: Second.
VOTE: UNGER: Vice Chair votes yes.
LINGER: Yes.
4. Discussion of Discretionary Grant Funds.
David Inbody said that the first quarterly payment was $50,000 lower than what
the County budgeted, although the lower amount was not a surprise.
Commissioner Luke added that one reason is the legislature kept $6 million of
it.
Mr. Inbody stated there are seven outstanding grants, and he wanted to know
how the Board wants this shortfall handled.
He will bring the applications back to the Board to review further, when
Commissioner Baney is present.
5. Other Items.
Dave Kanner stated that the Humane Society of Redmond would like to turn the
vacant land adjacent to the shelter into an RV storage area that would
accommodate 57 vehicles. Mike Daly of their Board asked to submit a site plan
review application to the City of Redmond, but since the County owns the land,
the County needs to be the applicant.
The estimate of income is about $36,000 per year, which would be used for
operations. Most of the labor and materials has been donated for fencing and
grading. They will put down gravel. The rental will be priced at the same rate
as other storage facilities. Other RV storage facilities have a waiting list, so the
demand is there.
The Board will be updated on this issue in a couple of weeks.
UNGER: Move approval.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Wednesday, August 26, 2009
Page 6 of 7 Pages
VOTE: UNGER: Vice Chair votes yes.
UNGER: Yes.
Being no further items addressed, the meeting adjourned at 3:25 p. m.
DATED this 26th Day of August 2009 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
C"--VV -
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session
Page 7 of 7 Pages
Wednesday, August 26, 2009
rn
o
N
-gyp
d
Q
'
r
E
o
sIq
CL
~o
O
il
~
i
I
I
(U
Q
_f
`1
V
N
Q)
co
O
.N
W
W
J
Ln
n,
ca
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, AUGUST 26, 2009
1. NeighborImpact - Foreclosure Prevention Strategies - Erik Kropp, Staff from
NeighborImpact and City of Bend
2. Request from Bend Community Center for DEQ Grant - Bruce Abertheny
3. Update on Fee Waiver Request - Tom Anderson
4. Discussion of Discretionary Grant Funds -David Inbody
5. 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.
o s as 1:11_~i
House Rules
• Please turn cell phones off or place on silent
• Participate in discussions
• Questions are encouraged
• Respect the opinions of others
3
Agenda
• Welcome and Introductions
Purpose and Goals
• Definitions
• Role of the Housing Counselor
• Avoiding Foreclosure
Rceri IQ Creme
• Meet with Lenders and Counselors z
1a 8 111
P
Purpose and Goals
• You will know what to do if your mortgage
becomes delinquent or if you are facing
foreclosure
• You will know the options that are available to you
• Get involved... take action
4
1
Definitions
• Collections - the process of contacting the homeowner for and
receiving delinquent amounts which are owed
• Delinquency -failing to make a timely payment so that it is received
on or after the due date
• Foreclosure - legal action to force the sale of a home
• Investor - the owner of the loan
• Insurer- insures the lenderfinvestor in case the loan becomes
delinquent
• Loss Mitigation - working with the customer to find a permanent
payments, and working with delinquent customers 5
%W
Delinquency Cycle
C' 't 30 60 90•
Da................. "r .....Dan
1.......
Fo,edoame P__ 9apas
.
➢Take Action Now!
> Call your Lender
for assistance
early!
4 month" moanu
5 D.Y. Priar to sak Date
> More options may be
available when you ask for
assistance early!
7
Your Personal Challenges...
Life Cbangiug
Foreclosure!
Divorce! Events.
Bills! - - ~JobLoss!
B0!
Bmn
e
Self - Awareness
• Admit there is a problem y )
• Define the scope of the problem
• Be realistic about your ability
and willingness to resolve the 1
problem j
• Find a workable solution " -
cut your'l t_6n
"osses and start anew -
8
2
110
The Homeowner's Responsibility
We urge you to:
• Contact your lender as soon as possible
• Respond to communications from your lender
• Provide full and complete disclosure of your circumstances
• Contact a HUD - approved counselor
9
Role of the Counselor
Partnering for a
Workable Solution
11
Neighborlmpact.....,-
Neighborimpact Housing Centers
Bend (541) 318-3302
Redmond (541) 475-0442
10
Lender - Required Documentation
Letter explaining your circumstances (hardship letter)
• Disclosure of financial information:
- Pay stubs
- Tax returns and W-2 forms
- Bank Statements
- Debts and obligations
- Assets
12
3
Loss Mitigation Options
• Keeping Your Home
- Special Forbearance Plans
- Repayment Plans
- Loan Modifications
- Partial Claims
- me-ioreciosure Jaffe
- Deed-In-Lieu of Foreclosure
Special Forbearance Plan
• A signed agreement
• Allows the reduction or suspension of a
homeowner's monthly payments for a specific
period of time
• Requires:
- Regular monthly payments plus additional amounts
15
Options For Keeping Your Home
13
• Special Forbearance
Plan
• Repayment Plan
• Loan Modification
• Partial Claim
1,.
14
1 11"31
Repayment Plan
• Regular monthly payments plus additional
amounts as agreed
• Payments are made until the loan is current
j .
,a
4
~ t
Loan Modification
• Involves changing one or more terms of the
original mortgage agreement, usually:
- Delinquent payments and other costs may be added
to the loan balance
- Interest rate changes and/or
- Length/term of the mortgage changes
,7
Not Keeping Your Home
mu -Have? ,9
Partial Claims - FHA Loans Only
• Interest-free loan from HUD/Insurer to bring the
loan current
• The homeowner must sign a promissory note
• Results in a lien filed against the property
• HUD/Insurer is responsible to collect the partial
Pre-Foreclosure or Short Sale
• Sale of the property at fair market value
• Lender agrees to accept the proceeds of the
sale even though it is less than the full
payoff amount in order to avoid foreclosure
zo
5
Deed-in-Lieu of Foreclosure
• The lender must agree that the homeowner can
voluntarily sign the deed over to the lender to
avoid the foreclosure process
• The Homeowner is required to vacate the property
at the time the documents are signed or other
21
~_p11 ~I F~1
Take Action ...Get Involved
• Call your lender
• Work with a HUD-Approved Counselor or
the Homeownership Preservation
Foundation
• Ask what options may be available
n"hle tz f! rd -9It9
solution
23
Take Action....Ask Questions
• What options are available to me?
- Not all options are available with all Investors
- Lenders or Investors may offer other options
• Will I still owe money to the lender?
• How will this be reported to the credit bureaus
and/or the IRS?
• Can I stay in my home?
22
Beware of Foreclosure Rescue Scams
24
6
0.~
Common Scam Types
• Phantom Help -the "rescuer' charges high fees for work the
homeowner could do themselves or charges for strong representation
that never materializes
• Bailout -includes various schemes where homeowners surrender their
title to the house thinking they will be able to remain as renters and buy
the house back
• Bait and Switch - homeowners think they are signing documents for a
new loan to make the mortgage current, but sign away the home and are
arrea Y• Va'a'i
rage and flips the °ho~m"eerfar -a'-'
25
Question and Answer Session
L
27
Protect yourself from scams
• Don't panic
• Talk to your lender
• Find out the rules in your state - how much time do you have
• Never sign a contract under pressure
Never sign away ownership of your property
• Don't make payments to anyone other than your lender
Beware of a home-sale contract where you aren't formally released
from your mortgage
n-I -inn .-Ahi- wifh hl-L line- o..........
Beware of those offering to pay your arrearage and take the house off
of your hands (equity stripping) 2e
1.61 rl 1 ~1
Meet with Lenders & Counselors
We look
forward to
partnering
for solutions!
28
7
N
a..
V
i
N
N
C
C)
d'
N
H
z
E0
~V
0
c0
ow
UV
aZ
CD0
CO
O W
N LL
M U.
W
Q cn
W
G7 ~
NU
CL co
CO W
zo
O
L
O
N
V
L
N
N
AI•
W
U
Go
M
II
to
P
i+
V
C
P
V
C
00
P
m
L ~
O L
V ~
m
N
~ i
Cl
4)
Z O
N
O
v c~
4 L
Q 4)
LL Q
N II
M
o
U) ,
ZM
o =
= cn
U
f~6
N
7
N C
~ U
~ U
N ~
2) 0)
W a)
N
N
O
d
Z Z U
N
Q'
^c^u`
W
Q
(D
t
U
C
m
N
d
~
Z
N
0
L
N
I1/~
VJ
Z
a)
U
U t
c
0
U
c
0
N
Y
U
dt
N
~
Z a ~ ti
y~
H
~
co
Z
cu
(D
E
in
z
0
C41)
W
C>
O O O 0110
O O O O O
O O O O O
kf)
0
0
0
0
0
0
O O O O O
a'
0
~
0
0 O
tr) - H M O
N 0
0
~
o
O M Vr- -
00 0 N 00
O N
00
N V ~o 00 ,--i
N M Vl \~o 00
M kf)
z
0
V)
W
0 0 0 0 0
otnoo -t
0 0 0 0 0
knknoo\D
O O O O c
ooooc
p
\0mCD ~-:T
or- 00M-
1.ooID oIt
m C~ M 00
\
C~ - O T C~
00 C\ N I
N M
.o ~ C~
M kn ~ 00
- M 1.0 r-
z
0
V)
W
0 0 0 0 0
O O O O O
O O O O O
O vl v) O 't
0 0 0 0 00
0 0 0 0 0
a
--i 00 41 r- "t
00 V- V) 't N
lzr O O \10
i
N 1.0 00 m 00
N m kn ~ oo
_
l~ O\ C)
N ke)
r- C1 ~o 00 01
N "T kn \0
i
i
i
'z
'
0
x
° 0 0 0 0
0 0 0 0 0
0 0 0 0 0
i W
tr) O V) O N
O V) kn O ~o
O O O O O
Wn m 00 ~o M
N M m
N O N O 00
O It ~t 00 N
v) \0
M 'IT 7
tr)
N M W') ~o o0
N v') \0
N It
f"'y
o
a W
O O O O O
O O O O O
O O O O O
W a
in inOOO
O n 00 W') N
knOknO~
M~oll "
OOOOO
O O O O O
Q1 O M \.o
kn kr) O
tr) kr) O O O
m kn r-
N W) ~0
N It k r) ~o
U
zz
.0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
W) 0 0 0
O V1 V) O N
O O O O O
a
- ~o l N
00 O 00 _ m
W'~ v') O O O
r- 00 W) h 00
M M 110 ~o kr)
M N V) ~
M
i
i
.--a N kr) \o
N M IT V')
N M Vl
i
i
i
'z
.W
°0000
00000
00000
knOV')O\.o
00 kn00
00000
a
N ~t 1.0000)
m kn r- ON
O(= OOO
V) W) O O O
N O N C*,
N O N O 00
N
N~ ~n l0
N M 7 ~h
N M~~
z
0
UP)
W
O O O O O
O O O O O
O O O O O
~n v-, knoo
knok)o1.o
00000
a
M N W') v) ~t
r- C~ \.D 00 C1
kn kn O O O
m
kr) It
N
O r- 00 kn N
O r- 00 kn N
rn
)
v
M
N m V
N m ~F
W
C>
o
ozo
x
z°
azo
o °
Q
3o Q
Q
u ~
ou
~
0
°
0
~
~
oow
0
0~ o
0
O
N~x3Q~
oN~x3QC)
;o
,~3Q~
>C)
o o W,U W N
Uw°>a~
\ o
tiw°>~~
TES
epartment of Administrative Services
~~r AAAA W D
p Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www. co. deschutes. on us
August 24, 2009
TO: Board of Commissioners
FROM: Dave Kanner
RE: Addition to 8/26 work session agenda
Bruce Abernethy called on behalf of the Bend Community Center to request that the
County act as applicant for an application to the DEQ Solid Waste Grant Program. The
Center's project involves purchasing a van which would allow them to operate a clothes-
baling operation associated with their thrift store.
This is the same grant program that the Bethlehem Inn is applying for as approved by the
Board last Wednesday, and Bruce is going to check to be sure that the County can
actually submit more than one application. The application deadline is August 28, which
makes August 26 the only date on which the Board can review this request.
Bruce will write (or has already written) the grant application, and as with the Bethlehem
Inn, the County is only acting as a pass-through agency. We would have no
responsibility for grant monitoring and reporting.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner
Bend's Community Center (BCC)
Proposed Grant Application to DEQ
Bend's Community Center (BCC) would like to apply to the Oregon Department of
Environmental Quality Solid Waste Program ("DEW) for a Solid Waste Grant to help
augment our recycling efforts around the BCC thriftstore. Specifically, we would like to
request $15,000 to purchase a used forklift and a used moving van. These two vehicles
will serve complementary roles in our recycling and waste reduction efforts.
BCC is starting a used clothes baling operation in September. This will be the only one
operating in the City of Bend and we estimate it will keep up to 400,000 pounds of
clothing out of the landfill annually. The County has already shown its direct support for
this project by providing BCC with a generous $10,000 economic development grant.
The forklift is necessary to lift and move the many bales of clothes that will be generated
(roughly 1,000 pounds/bale). The moving van is necessary to transport the clothing and
other items between the thriftstore (where donations are dropped off) and the new
clothes baling operation (roughly 4-5 blocks away). The moving van will also be used to
transport used bicycles from the landfill and other drop-off points as part of Bend's
Community BikeShed. We estimate this program will keep hundreds of old bicycles out
of the landfill.
The parameters of the DEQ grant are that applicants must be a local municipality and
that is why we are requesting that Deschutes County be the formal applicant.
There is minimal time commitment on the County's part associated with the grant as it
will be drafted by BCC staff. There is no cost to the County associated with the grant as
it is to acquire two used vehicles.
The deadline to apply is this Friday (28th).
Board Work Session
Fee Waiver Request-James & Shirley Erickson
August 26, 2009
Background:
Last winter, the home of James & Shirley Erickson (55981 Browning Drive, La
Pine), was destroyed by fire. The Ericksons did not have homeowners insurance
to fund a replacement home. They are working with the federal government on a
reverse mortgage loan to fund a replacement manufactured home, and the
USDA on a grant to at least partially fund an upgraded septic system. Although
subject to proposed modification of County Ordinance 2008-019, the Ericksons
may not be required to install an ATT system, it is likely that due to the conditions
in that area they will be required to upgrade their standard septic system to a
sand filter system.
They have requested that fees be waived in order to complete the funding
package.
Policy Guideline #7 on the attached Fee waiver policy states:
7. The Board of County Commissioners may issue blanket fee waivers, subject to
the above criterion, for classes of hardship such as catastrophic fire.
The County has waived fees following a single property fire in the past where it
was demonstrated that homeowners insurance would not cover fees associated
with home replacement. The estimated amount of fees requested to be waived is
$3,380
Requested Action:
Board Options:
1) Direct that building and septic fees be waived in accordance with this
request.
2) Direct that building and septic fees be waived in accordance with this
request, and direct the County Administrator to make a transfer from an
alternative non-CDD fund to reimburse CDD equal to the amount of fees
waived.
3) Deny the fee request.
DESCHUTES COUNTY COMMUNITY DEVELOPMENT
FEE WAIVER POLICY
Effective January 4, 2006, the Deschutes County Board of Commissioner approved
Ordinance No, 2006-001, 2006-002 and 2006-003 delegating authority to administer and
approve septic permit, building permit and land use permit fee waiver requests to the Community
Development Director and County Administrator. (DDC 13.08, 15.04.160 and 22.08.010).
The Board of County Commissioners of Deschutes County has delegated full authority to
the CDD Director to administer this policy with the exception of items #7 and #8.
POLICY GUIDELINES:
1. Fee waivers under this policy provide a public benefit.
2. With the adoption of this policy and continuing with each budget, an amount not to
exceed $5,000 shall be set aside into a hardship account within the CDD budget form
any savings of budgeted expenses or excess revenue.
3. When money is available in the hardship account of CDD, the CDD Director may
authorize fee waivers in amount not to exceed the fee waiver budget each year.
4. The CDD Director shall find an applicant meets one of the following criterion in
granting fee waivers:
A. The applicant meets the criteria for indigency and at least one of the following
conditions. Indigence shall be established by the financial hardship process attached as
Exhibit "A".
1. There is an immediate need of the services to CDD to protect the applicant's or
public's health or safety.
2 ._Where granting the waiver will create a long term efficiency of a Code
Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary
hardship that could not have been anticipated in planning for and funding of the project;
and the fee waiver will benefit the community.
(NOTE: Community Services may be required by the CDD Director for some or all of
the waived fees.)
5. Fee Waiver requests covered above shall be submitted on a form provided by CDD.
Applicants shall provide a written explanation of the request and explain why one or
more of the above criteria are satisfied:' The request will be delivered to the CDD
Director for review and decision.
6. The applicant may appeal the CDD Director's decision to the Deschutes County
Administrator. The applicant may appeal the Deschutes County Administrator's
decision to the Board.
7 ,',T1te; q rd.of County Commissioners may issue blanket fee-waivers, subject to.
.a, 0e .criteri~oa for classes of hardship such as catastrophic fire.
8. The Board of County Commissioners may waive fees in any other case where the public
benefit is served and other remedies have been exhausted.
FINANCIAL HARDSHIP
Some property owners or other responsible persons who lack the financial ability to obtain
permits and approvals to pay fees established by the County for Community Development
Services may receive relief. The procedure for establishing financial hardships as set forth
below:
Procedure:
In cases where the applicant appears not to have the financial recourse to -pay fees, the person
may apply to qualify for financial or other assistance within available resources and under the
following procedures:
A. Criteria for Indigency
To qualify for assistance under this section, the property owner or other
responsible person must demonstrate a substantial financial hardship that makes paying
the required fees impractical.
B. Fee Reduction/Waiver
An applicant may apply for a reduction or waiver of CDD development fees for
permits. The decision to reduce or waive development fees will be made by the CDD
Director, considering the following factors:
1. The degree of the defendants indigency;
2. The cost of the development permit(s) or approval(s) required;
3. Funds available for fee reductions/waivers in CDD's budget or in any other
available funds; and
4. Other assistance available in the community.
C. Community Service in Lieu of Fees
Upon a finding of indigency the CDD Director may order community service at
the rate of $10.00 per hour in lieu of some or all waived fees. A period of time shall be
established in which the community service shall be completed.
Fee Waiver Policy and Form January 2006.doc Page 2
Fee Waiver Request Form
Name of Organization:
Address of Organization:
City: State:
Type of Permit
[ Building $ Z /0- 01)
[ ] Restaurant $
K Planning $
X Subsurface Sewage $ /q-~-20• OU
[x Other $ . - DU
Total amount of Fee(s) requested to be waived: $ ~a Qv
The applicant shall provide a written explanation of the request and explain why one or more of
the criterions stated below are satisfied. The request will be reviewed by the Community
Development Director and,a response will be provided within ten business days.
Criterion that must be met to qualify for a Fee Waiver:
A. The applicant meets the criteria for indigency and at least one of the following conditions.
Indigence shall be established by the financial hardship process attached (refer to Affidavit of
Indigence and Request for Fee Waiver form).
1. There is an immediate need of the services to CDD to protect the applicant's or
public's health or safety.
2. Where granting the waiver will create a long term efficiency of a Code
Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary
hardship that could not have been anticipated in planning for and funding of the project;
and the fee waiver will benefit the community.
(NOTE: Community Services may be required by the CDD Director for some or all of
the waived fees.)
Zip Code:
ff
Fee Waiver Policy and Form January 2006.doc Page 7
TO: BOARD OF COUNTY COMMISSIONERS
FROM: DAVE 1NBODY
SUBJECT: FY 2010 DISCRETIONARY GRANT PROGRAM
DATE: 8/21/2009
CC: DAVE KANNER, ERIK KROPP
Background
In February 2009, the Board of Commissioners opted to suspend the discretionary grant program for three
months due to a significant reduction in video lottery funding from the state, which supports the program.
The quarterly payment was $160,580, an 18% reduction from the previous year. The Board agreed to
revisit the program suspension in May 2009, after receipt of the next quarterly payment in August. The
quarterly payment received in May was not only less than the previous payment, but the state also withheld
an additional $50,000 in funding. The quarterly payment was $97,491, a 39% reduction from the previous
payment (a 46% reduction from the previous year).
The discretionary grant program was proposed at $75,000 for FY 2010, $25,000 for each commissioner.
With further state reductions in quarterly video lottery payments expected, the Board was solicited on how
to proceed with the discretionary grant program for FY 2010. It was suggested that no changes be made to
the existing budget. However, commissioners agreed to limit individual fund disbursement to $10,000 each.
If the video lottery fund (Fund 165) were to experience a shortfall, funds were to be transferred from the
County General Fund up to $30,000.
In July 2009, the Board of Commissioners was asked to provide guidance on addressing 16 pending
discretionary grant applications. These directives were provided at that time:
■ Each commissioner would be allocated $10,000 to distribute as grants in FY 2010, down from the
$25,000 budgeted.
■ If there is a reduction in state revenue to the Video Lottery Fund, $30,000 from the General Fund
could be transferred and used for discretionary grants.
■ No new grants would be considered until the first quarterly video lottery payment was received
from the state in August.
■ Commissioners identified three areas where priority would be given in determining grant
allocation:
o Grant requests for emergency building or equipment repair and replacement
o Grant requests seed money to enable receipt of additional grant funds or in support of
fund raising event promotion.
o Grant requests for small amounts, $1,000 or less. For a match grant, this amount could be
up to $2,500.
■ The 16 grant applications pending would not be considered unless the project, program or event
being supported takes place after September 1, 2009.
August State Payment
Deschutes County received the first of four video lottery distribution payments from the State on August
13`h for $119,116. This is approximately $25,000 below budget. Assuming all four quarterly payments in
FY 2010 are similar, the Video Lottery Fund will end the year more than $100,000, or 20%, below budget.
A review of the Video Lottery Fund budget indicates that there are several budgeted expenses already
obligated totaling $434,435. They include the following:
■ Personnel Services: $8,282
■ Internal Service Charges: $8,380
■ Grants to Service Partners: $211,277 (includes COIC, COCOA, CASA, EDCO and 2-1-1)
■ AOC Annual Membership: $1,496
■ Shop-with-a-Cop: $5,000
■ Community Grants: $200,000
Using a revised revenue estimate, which assumes four state payments similar to the August payment and a
reduction in interest revenue, the revised revenue estimate would be $482,858. After meeting the
obligations outlined above, that leaves $48,423 in unobligated revenue. This is slightly less than the
$49,935 budgeted as the contingency in this fund.
Pending Grant Applications
The following grant applications were received since the July work session or the program, project or event
occurs after September Is'.
Organization
Amount
Requested
Project Period
Program/Project
Sisters Area Chamber of
Commerce
$1,500
November 7, 2009
From Timber to Turned Wood
St. Vincent de Paul
$5,000
Oct 2009-Feb 2010
Providing community
assistance
Deschutes County Healthy
Beginnings
$2,300
Aug 2009-July 2010
Early childhood screenings
La Pine Frontier Days
Association
$5,500
July 2009
Midway stage
The Nature of Words
$2,000
Nov. 4-8, 2009
2009 Literary Festival
Redmond Chamber of
Commerce
$3,000
February 18, 2010
Leadership Redmond
TOTAL
$19,300
Considerations
Based on the status of the Video Lottery Fund and the suspended status of the Discretionary Grant
Program, the following are put for forward for Board consideration.
Should the discretionary grants program be re-established or remain in a suspended status?
If the program were reinstated, would the Board like to consider any of the pending grant
applications?
If the program were reinstated, how much in grant funds should each commissioner be allocated
for distribution?
If the program were reinstated, should funds be transferred from the General Fund in support of
the grant program?
2