2014-18-Minutes for Meeting December 04,2013 Recorded 1/2/2014 DESCHUTES COUNTY OFFICIAL RECORDS 2414.16
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 0110212014 10'15'07 AM
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Deschutes County Clerk
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Deschutes County Board of Commissioners
OF 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, DECEMBER 4, 2013
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy
County Administrator; and,for a portion of the meeting, Susan Ross, Property
& Facilities; Chris Doty, Road Department; and media representative Elon
Glucklich of The Bulletin.
Chair Unger opened the meeting at 1:33 p.m.
1. Approval of Resolution No. 2013-116, the 2013 Elections for National
Forest-Related Safety Net Payments.
Chris Doty gave a brief overview of the Resolution regarding Secure Rural
Schools payments. The breakdown has been standardized. (Mr. Doty provided
a draft letter to accompany the Resolution.) They can distribute 15-20% to
Title II and Title III. Title II is for projects on federal lands, distributed by the
RAC (Resource Advisory Council). Title III is for fire planning, the
community wildfire protection plan, and similar programs.
Historically, the County has allocated 15%, with 7% (the maximum allowed) to
Title III, and 8% to Title II. The remaining 85% goes to the Road Department
and the School Fund.
Chair Unger stated that the PILT money is more flexible. Mr. Doty stated that
they do not know if this is going to be reauthorized; SRS is more stable at this
time. What they are receiving for PILT is after other federal payments for SRS
and mineral leasing agreements have been made.
BANEY: Move signature of Resolution No. 2013-1116 and accompanying
letter.
DEBONE: Second.
Minutes of Board of Commissioners' Work Session Wednesday, December 4, 2013
Page 1 of 3
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
2. Executive Session, under ORS 192.660(2)(e), real property negotiations.
The Board went into executive session at 1:45 p.m. and went back into the
regular meeting at 2:10 p.m.
3. Other Items.
The Board asked about the status of the school-based health care clinic planned
for Sisters. Mr. Anderson replied that local support is good, but there needs to
be discussion about the construction part.
He said that the Board would have to allocate additional general fund dollars to
start it now. This is because no other projects have gone forward, as was
anticipated, to help with the burden of infrastructure development. Therefore,
the County would be the first to deal with this, so would bear the costs up front.
Some of this money will eventually come back to the County.
Commissioner DeBone stated he would be out of the office on January 27.
Commissioner Baney will be out that entire week.
The Executive Director of the Health Council will be here next week to do
some work out of this location.
Chair Unger is attending the Economic Forum at AOC in Portland on Monday,
December 9.
Two Commissioners plan to take part in the annual Jail certification inspection
tomorrow, December 5.
Minutes of Board of Commissioners' Work Session Wednesday, December 4, 2013
Page 2 of 3
In regard to the recent meeting in La Pine put on by the State regarding the
potentially endangered spotted frog, Commissioner DeBone said that there were
about ten representatives from Fish & Wildlife and other agencies. There were
perhaps fifty citizens in attendance. The meeting consisted of a presentation
and questions & answers. Peter Gutowsky of the County made a statement at
one point.
The same meeting repeats tonight in Sunriver. This conflicts with another State
meeting regarding groundwater protection issues and Goal 11. Commissioner
DeBone said he would stop at the spotted frog meeting for a while and then
attend the groundwater protection meeting. He has asked Bob Baggett of the
State to say something substantive regarding the DEQ's progress in addressing
groundwater protection issues.
Commissioner Baney and Chair Unger planned to try to attend both meetings as
well. There will likely be fewer people at the spotted frog meeting tonight.
Being no further discussions, the meeting adjourned at 2:25 p.m.
DATED this / Day of /2Q---CLA41-/A1-4--- 2013 for the
Deschutes County Board of Commissioners.
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Alan Unger, Chair
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fordluxic Anthony DeBone, Commissioner
Recording Secretary
Minutes of Board of Commissioners' Work Session Wednesday, December 4, 2013
Page 3 of 3
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1300 NW Wall St., Suite 200, Bend, OR 97701-1960
1411111, (541) 388-6570 - Fax (541) 385-3202 -www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, DECEMBER 4, 2013
1. Approval of Resolution No. 201 3-116, the 2013 Elections for National Forest
Related Safety-Net Payments — Chris Doty, Road
2. Executive Session, under ORS 192.660(2)(e), real property negotiations —
Susan Ross
3. 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),litigation;ORS 192.660(2)(d),labor negotiations;or ORS 192.660(2)(b),personnel issues;or other
issues under ORS 192.660(2),executive session.
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 encourages persons with disabilities to participate in all programs and activities. This event/location is
accessible to people with disabilities. If you need accommodations to make participation possible,please call(541)388-6571,or
send an e-mail to bonnie.baker@deschutes.org.
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°rl . 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
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 4, 2013
Please see directions for completing this document on the next page.
DATE: December 2, 2013
FROM: Chris Doty Road Dept 541.322.7105
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution 2013-116 establishing the required elections of
National Forest Related Safety Net Payments per the Secure Rural Schools act reauthorization for
Federal Fiscal Year 2013.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Secure Rural Schools and Community Self Determination Act was recently reauthorized for federal
fiscal year 2013. Under the provisions of the Act, counties must make an election in regard to the
percentage of their full payment amount for expenditure on projects under Title II and Title III (15%
minimum, 20% maximum). Of the amount allocated to Title II and Title III, counties must further
allocate the split between Title II and Title III (no more than 7% of the full payment to Title III).
Title II provides for projects on federal lands or projects that benefit resources on federal lands as
recommended by the local resource advisory committee(Deschutes/Ochoco RAC).
Title III provides for county projects within three defined catagories:
a. Fire prevention and planning under the Firewise Communities Program
b. Riembursement of search, rescue, and emergency services including firefighting on federal lands
c. Development of community wildfire protection plans
Title III funds are received directly by the County and are appropriated at the discretion of the Board of
County Commissioners.
Resolution 2013-116 allocates 15% of the County's full payment to Title II and III, with 8% allocated to
Title II and 7%to Title III.
FISCAL IMPLICATIONS:
Estimated receipt of funds for Federal FY 13 are as follows (estimated at 5%less than FFY 12):
Road: $1,200,272, less 5%
School: $ 400,091, less 5% ;. 7'70) "- `/ c 1/,-�� TI\J
Title II: $150,622, less 5% 4 (;'
Title III: $131,795, less 5% iC%.3
Deschutes County
SRS Estimate
Actuals I Proposed
FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14
Total Title I/II/III $ 4,325,773 $ 3,893,195 $ 3,508,862 $ 2,056,724 $ 1,984,504 $ 1,890,354
Title 1(85%of total) $ 3,676,907 $ 3,309,216 $ 2,982,533 $ 1,748,215 $ 1,686,828 $ 1,606,801
Road(75%) $ 2,757,680 $ 2,481,912 $ 2,236,900 $ 1,311,162 $ 1,265,121 $ 1,205,101
School(25%) $ 919,227 $ 827,304 $ 745,633 $ 437,054 $ 421,707 $ 401,700
Title II/III(15%of total) $ 648,866 $ 583,979 $ 526,329 $ 308,509 $ 297,676 $ 283,553
Title 11(8%of total) $ 346,062 $ 311,456 $ 280,709 $ 164,538 $ 158,760 $ 151,228
Title 111(7%of total) $ 302,804 $ 272,524 $ 245,620 $ 143,971 $ 138,915 $ 132,325
Notes:
1.Estimate per USDA website
2.Assumes Title ll/Ill allocation of 15%(bill allows between 15%and 20%)
3. Assumes split of 8%to Title ll and 7%to Title Ill(bill allows no more than 7%to Title Ill)
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„• � a eC, 61150 SE 27th St. •Bend,Oregon 97702
h;'4; (541)388-6581 •FAX(541)388-2719
December 4,2013
Lisa Howard
Office of the Governor
Intergovernmental/Regional Solutions
State of Oregon
900 Court Street NE, Suite 167
Salem, OR 97301-4047
lisa.howard@state.or.us
503.378.6502 (ph)
RE: SRS Election for FFY 13
Dear Ms. Howard:
Per recent direction provided by the Association of Oregon Counties, the purpose of this letter is
to communicate our Secure Rural Schools (SRS) election for federal fiscal year 2013.
Our election is as follows:
1. Deschutes County chooses to accept the SRS payment estimated at $1,890,354.
2. Deschutes County will allocate 15% of the total payment to Title II and Title III projects.
a. Deschutes County will allocate 8% to Title II and 7% to Title III
3. Of the amount of project funds allocated to Title II projects, Deschutes County allocates
100%to the Deschutes/Ochoco RAC.
Thank you for your work associated with the SRS program. Please do not hesitate to contact me
with any further questions or clarifications.
Sincerely,
Alan Unger, Chair
Deschutes County Board of County Commissioners
VIEW' ►�/
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the FFY 2013 Elections for
National Forest Related Safety-Net Payments * RESOLUTION NO. 2013-116
WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires
that 25 percent of the revenues derived from National Forest lands be paid to states for use by the
counties in which the lands are situated for the benefit of public schools and roads; and
WHEREAS,the principal source of revenues from National Forest lands is from the sale
and removal of timber, which has been curtailed in recent years with a corresponding decline in
revenues shared with counties; and
WHEREAS, the United States Congress recognized a need to stabilize education and
road maintenance funding through predictable payments to the affected counties, and to achieve
that goal enacted the Secure Rural Schools and Community Self-Determination Act of 2000,
which has been amended and re-authorized for FFY 2013 ("SRS 2013"); and
WHEREAS, SRS 2013 provides for guaranteed minimum payments for the benefit of
affected counties, as well as an opportunity to invest a portion of the payments in projects on
federal lands or that benefit resources on federal lands, or in county projects or activities; and
WHEREAS, Title I of SRS 2013 gives each eligible county the right to elect to receive
either its traditional share of revenues from the National Forest lands pursuant to the Act of May
23, 1908 and Section 13 of the Act of March 1, 1911 (the "25-percent payments"), or instead to
receive a share of the guaranteed state payment(the"full county payment amount"); and
WHEREAS, any county electing to receive a full county payment amount of$100,000 or
more must further elect to expend an amount not less than 15 percent nor more than 20 percent
of its full county payment amount as project funds; and
WHEREAS, Title I of SRS 2013 requires that counties electing to receive the full county
payment amount must allocate their project funds for expenditure between projects in accordance
with Title II and Title III, and return the balance of project funds unspent under Titles II and III
to the Treasury of the United States, and communicate such allocation to the Secretary of the
United States Department of Agriculture; and
Page 1 of 3 - RESOLUTION NO.2013-116-National Forest Safety Net Payments
WHEREAS, Title II provides for special projects on federal lands or that benefit
resources on federal lands, which projects are recommended by local resource advisory
committees ("RACs"); and
WHEREAS, RACs recommend projects for consideration by the Secretary of
Agriculture,with project funding supplied in whole or in part out of monies allocated for such
purposes by participating counties; and
WHEREAS, counties that allocate funding to projects under Title II, and are participants
in more than one RAC, may further direct that their Title II project funds be divided between
different RACs according to an allocation decided by each participating county, with such funds
held in the Treasury of the United States under the name of the county with a designation of the
amount allocated to each RAC; and
WHEREAS, Title III provides for county projects, some of which are associated with
federal lands, with Title III authorizing expenditures for search, rescue and emergency services,
fire prevention and planning under the Firewise Communities program, and development of
community wildfire protection plans; and
WHEREAS, a county with a full county payment amount of$350,000 or more may not
allocate more than 7 percent of its full county payment amount for Title III projects.
NOW, THEREFORE, be it resolved as follows:
1. Deschutes County has previously agreed to receive the guaranteed minimum full
county payment amount.
2. Deschutes County hereby allocates 15 percent of its full county payment amount
for expenditure on projects under Title II and Title III. Deschutes County will
return none (zero percent) of its full county payment amount to the Treasury of
the United States.
3. Of the percent allocated to Title II and Title III projects above in paragraph 2,
Deschutes County further allocates between such Titles for FFY 2013 on the
following basis: 8 percent of the full county payment amount for expenditure on
Title II projects, and 7 percent of the full county payment amount for expenditure
on Title III projects.
4. Of the amount of project funds allocated to Title II projects, Deschutes County further
allocates between RACs as follows:
100 percent to the Deschutes/Ochoco RAC.
5. The original or a certified copy of this Resolution shall be transmitted to Kevin Q. Davis,
Attorney, sent to the following address: One SW Columbia Street, Suite 1600,Portland,
OR 97258.
Page 2 of 3 - RESOLUTION NO.2013-116-National Forest Safety Net Payments
Dated this 1of DOAK/AK 20
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
di?
TAMMY BANEY, Vie'Chair
ATTEST:
(penotioiut;
Recording Secretary ANHONY DEBONE, Commissioner
Page 3 of 3 - RESOLUTION NO 2013-116-National Forest Safety Net Payments