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HomeMy WebLinkAbout2008-08-04 Work Session Minutes 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, AUGUST 4, 2008 ___________________________ Present were Commissioner Dennis R. Luke, Michael M. Daly and Tammy Melton. Also present were Dave Kanner, County Administrator; David Inbody, Assistant to the Administrator; Judith Ure, Grant Writer; Susan Ross, Property and Facilities; Peter Russell, Community Development; Anna Johnson, Communications; media representatives from The Bulletin and KOHD TV; and approximately 20 other citizens. Chair Luke opened the meeting at 1:30 p.m. 1. Update on La Pine to Bend Bus Service. Dave Kanner gave an overview of the status of the bus service between Bend and La Pine; in particular, Central Cascades Lines. ODOT advised that a compliance investigation needed to be done due to various complaints; someone from ODOT did an investigation and it is unknown at this point if grant funds that were supposed to go to Central Cascade Lines can be released. The County is the pass-through agency for funding only because the State would not handle it. Judith Ure explained what Central Cascade Lines does and is expected to do. They provide fixed route services and some demand (door-to-door) services. There is a Dial-a-Ride service separately serving La Pine, which is operated by COIC. Ms. Ure calculated that capacity is about 840 one-way trips per day, if they were filled to capacity and able to keep up with the schedule. Their revenue is from fare receipts and grants. About 4-5% of costs are covered by fares; in the State it is typically around 11-12%. Dial-a-Ride in the area is about 7.5%. Minutes of Administrative Work Session Monday, August 4, 2008 Page 1 of 10 Pages Minutes of Administrative Work Session Monday, August 4, 2008 Page 2 of 10 Pages Central Cascades Lines’ revenue calculations may include grants that have not yet been received. They have also gotten $22,500 from economic development grants from the Commissioners, and also are able to use County-owned property for parking purposes. There are formula money and discretionary grants. ODOT provides discretionary grants that come from many sources. Deschutes County solicits applications, some of which go to ODOT. ODOT contracts with the service providers. Their current policy is that they do not contract with new nonprofit service providers; they want to see that the entity is solid and has a history. They do want the provider’s services monitored. Deschutes County is acting as a pass-through agency in this case. Commissioner Melton asked if the County has fiduciary responsibility in this regard. Ms. Ure stated that the County has a contract with ODOT for these services, and the County can either not act as a pass-through or arrange for another provider. This is the first time the County has been involved with the discretionary funding part. Central Cascades Lines asked for $550,000 for operations, including buying a bus, gasoline, wages, and so on. ODOT granted $82,000 for new equipment but a match is required by the recipient. Also, an employment-related grant of $25,000 was given; a 50% match is required for this. The contract now in place is through June 30, 2009. The portion having to do with employment-related funding is not retroactive and each month more of it is lost. Therefore, the amount is about $10,000 at this time. At the time, the County signed an agreement with the State, it was not known that the funding is limited in this fashion. When the initial complaints came in, ODOT said that the funding should be put on hold, so there is no formal agreement between Deschutes County and Central Cascades Lines. The initial complaint was related to wage and labor issues. Some safety concerns were then raised. A site compliance review was scheduled at the request of ODOT and in June, the Lines returned the checklist; in July ODOT went through the checklist with Central Cascade Lines. It was found that some policies and procedures have not been completed and submitted. Minutes of Administrative Work Session Monday, August 4, 2008 Page 3 of 10 Pages There have been questions regarding whether the Board setup is consistent with nonprofit rules; and there is little documentation about employee training and other issues. They may be doing these things but there is no way to verify it. They have a lot of work to do to show that they are in compliance; then a second site review would be needed. The County can provide funding but until the State is satisfied, they will not allow funds to be released. Commissioner Melton observed that obtaining public funding in the nonprofit world is challenging. She asked if they were aware of what was required at the time they were approved for funding. Ms. Ure said that in most cases there is information in the documents that provide guidance as to what is required. Commissioner Daly clarified that private funding can come from foundations and trusts. Mr. Kanner stated that the Board had asked him to request in writing what Central Cascades Lines means by a temporary shutdown and what is needed to continue services. He said that the underlying question is whether the County should even be in this position, as it is not a transit regulatory agency. He feels that the County is being used as a scapegoat and does not have the authority to solve the problems. He did speak with a representative of ODOT, who said they are willing to use a different agency as a pass-through. The recommendations of the advisory committee for funding are based on the applicants’ information. He feels there should be a new application form used. He noted that it is clear that it will take some time for Cascades Lines to get into compliance, but cannot operate without this funding. ODOT has indicated a willingness to work with all parties to address this issue, and they have the expertise needed. Based on experience, he would prefer the County not be the pass-through agency; COIC could be the distributor of the funds. The City of La Pine probably does not yet have the expertise or personnel to do so. Ms. Ure said that the contracts are good only through June 30, 2009, and funding decreases during that time. The equipment phasing agreement covers about the period of time that it takes to build a bus. Minutes of Administrative Work Session Monday, August 4, 2008 Page 4 of 10 Pages Commissioner Luke stated that the need for service is apparent. He is involved with a large group that is addressing transit in the tri-county area. It is a challenge. All public transit requires a subsidy, as fares are not enough. There is also a need between Bend and Redmond, and Sisters. The County is not in the public transit business, and it is not the County’s job to determine whether a nonprofit remains successful. The group got economic development grants and assistance in the past. He is not sure why this is being discussed now. Mr. Kanner replied that given the publicity, it is important for the Board to know what is going on. There should be some concurrence on how to handle this situation. Commissioner Melton added that some of the things that have been stated are unfair. At the time the County agreed to act as the pass-through agency, there should have been policies and procedures in place, and she would not have agreed to do this if she had known there were none. The paperwork is necessary since it involves public funding. It is as if he more the County does, the worse it gets. She is not sure how to help with public transportation. The County has done what it can, but cannot solve the underlying problem. However, taking the County out of the middle removes one layer of bureaucracy. Mr. Kanner stated that he does not know whether COIC is even willing, but they have the experience. Ms. Ure noted that ODOT would decide what happens, but they know the service is needed. ODOT will not contract directly, but the money has been committed to the La Pine to Bend route. Commissioner Daly said that Cascades Lines stepped up years ago to make this happen, and there should be an obligation to let them become compliant. They can provide the service and he would like to leave this option open. Cash flow is the biggest problem. It is not the County’s fault but the County may be held liable if it is not done and the County releases the money. He wants to see the service continue. Ms. Ure stated that she is not sure how long it would take them to get everything in place. Minutes of Administrative Work Session Monday, August 4, 2008 Page 5 of 10 Pages Lupita Lewis said that the busses have been moved to the South County building parking lot. She did not expect this process to be so complicated. She said that they have been running since January 2007, starting out with just 25 passengers. She wants to see it continue. In regard to the policies and procedures, they are developing and growing, and being modified. Some do not apply. The financial policies have been developed. COIC is not helping the elderly and disabled at this point, and it is hard to determine what the ultimate service level will be. Commissioner Luke pointed out that they are not County forms; they are ODOT’s and only ODOT can approve them. Ms. Ure stated that this was the purpose of the site review visit. There are a number of things that need to be put in place. Commissioner Melton the requirements don’t seem to be gray at this point. She does not want to set a deadline. She asked how long it might take; at that point, maybe ODOT can reconsider. It is necessary for COIC to know what they are in for and whether they can meet that need. It is clear that there is community support for the transit service. Robert Troy said that the bus service through COIC is not what La Pine needs or can accept. It takes an additional two hours to be able to take the bus. Central Cascade Lines get them out of the cars, to work on time and home at a reasonable hour. Ms. Lewis said that they don’t want to point fingers any anyone. They want to focus on what is expected and comply as needed. They would like to work with Judith and ODOT through Judith. Commissioner Melton said that once September comes, school starts. Transportation needs to be in place right away. The County won’t stand in the way of Cascade complying. The longer it takes, the harder it will be. ODOT could decide to provide the funding to another entity. Ms. Ure said that she hasn’t had a chance to look over the financial management documents, but the she is not able to help a nonprofit get compliant. Minutes of Administrative Work Session Monday, August 4, 2008 Page 6 of 10 Pages Commissioner Luke said that the Board could talk about this further. He asked that Central Cascade Lines submit information to Judith by 5 p.m. on August 5 so that the Board can learn how they are doing. COIC will be asked to handle thirty days without the pass-through funds. Ms. Ure added that at that time the decision becomes where the money goes, or the County gets out of the middle position and lets ODOT decide whom to work with. Central Cascade Lines will need to have a second site visit but realistically it would not happen until after August 31. Tom Moore, Director of COIC said that they have a practical issue with September 1. They want to get systems in place and checked out by then. He asked if there is some flexibility with that date. Ms. Ure said that the contract for state funding could be amended to say who gets it. This can be decided month to month. Mr. Kanner stated that he raised this question with Michael Ward at ODOT, who has indicated that ODOT could make some funds available to COIC to continue service for longer than 30 days. Karen Friend, Operations Manager of COIC said that they are willing to help but only have so many resources. STF allocations for this are very limited. Ms. Ure added that she does not want COIC to harm its other routes. The money can go away if it is not used. Commissioner Melton suggested that perhaps this should not wait a month. Maybe this should be done right away and let the funds go to COIC instead of being lost. LaVonne Slama of Crooked River Ranch said she is not a part of Central Cascade Lines but wanted to know if the Board would accept any comments on today’s work session. She is a supporter of Central Cascade Lines and wanted to clarify some issues. 2. Project Update. ƒ Transportation Improvements – Redmond 215 Acres ƒ Mental Health Residential Treatment Facility – State Grant and Potential for Increasing Beds Minutes of Administrative Work Session Monday, August 4, 2008 Page 7 of 10 Pages It was explained that a team approach would be used for this ten-bed facility. They did site visits already. Lori Hill said that the State wants to increase the number to 16, as it is getting hard for them to find appropriate locations. Commissioner Luke said that the State will only sign a two-year agreement to pay rent, and the legislature has to approve funding every two years. This is almost doubling the size. Susan Ross replied that the State would pay 100% of incremental costs of construction, about $300,000. There is also a $400,000 grant. To do this, the County will get an extra bed. Ms. Hill noted that the beds start with Central Oregon residents. There will be some out of the State facility. There is never enough room to fill the need. Some with be short-term beds, for maybe ninety days. Ms. Ross stated that because of parking issues and the Swalley Irrigation District canal, even if it is piped, there is not enough land at this location. A building of at least 7,000 square feet is needed. A large facility is more cost effective due to economies of scale. She recommended the original site, the eight acres off Poe Sholes Road, away from the residential area. Commissioner Luke asked to see a plot plan. He does not want to break up the property too much. Ms. Ross said that the State wants to move more quickly. If the same architect that did Sage View does this building, it can save about $35,000 on the design and shave off six months’ time. Ms. Hill added that the State is clear that something needs to be done in this biennium. Deschutes County has 13 in the State hospital and another six civil commitments, so the need is there. There is a moratorium in place for civil commitments, with a waiting list of over forty. Ms. Ross said that she would ask for an exemption to the contracting rules and come to the Board for a sole source just for the architect; then go out to bid for the contractor. At this time, the group discussed what kind of fencing and landscaping to use. There will be a meeting on Wednesday, August 6 after the Board business meeting to discuss this further. Minutes of Administrative Work Session Monday, August 4, 2008 Page 8 of 10 Pages Ms. Ross said that the grant application for $675,000 needs to be signed by the Chair. Ms. Ure added that this is the last piece to go in. Peter Russell noted that if they are putting more than 25 trips to an ODOT intersection, ODOT will need to comment. Zoning is irrelevant. If it is below the city traffic impact threshold, no cards will be sent out. MELTON: Move Chair signature of the grant application, towards construction of the building. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. _________________________ Mr. Kanner said that in regard to ODOT transportation planning rules, he found out from Bob Bryant of ODOT that they don’t want any additional trips generated in south Redmond. The City of Redmond is also concerned. This creates a moratorium for east side of Redmond. There is a solution proposed, one that Mr. Bryant supports, which will be discussed in about two weeks by the Oregon Transportation Commission. Ms. Ross stated that the DKS study shows the southern reroute is necessary for the project to work. The County also has 1,600 acres that will eventually be developed. Susan: DKS study showed southern reroute nec for project to work. The cost of 30% of the project is about $70 million. Mr. Bryant said that a letter should be sent to the Oregon Transportation Commission that says $70 million is enough. DALY: Move signature of a letter to the Oregon Transportation Commission regarding the South Redmond property. MELTON: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. Minutes of Administrative Work Session Monday, August 4, 2008 Page 9 of 10 Pages 3. Update of Commissioners’ Meetings and Schedules. Commissioner Daly said that starting on August 12, he has to be available for jury duty for two weeks. 4. Other Items. There was a brief discussion of cases in code enforcement while text amendments are being considered, in regard to event venues. Applicants keep scheduling events even though at this point holding these events is against Code. It is possible to get an injunction but it is complicated since this is in the middle of a text amendment application. _________________________ In regard to a letter of support for the Security and Energy for America Act (SEA Act), the following action was taken. MELTON: Move approval of a letter of support for the SEA Act. DALY: Second. VOTE: MELTON: Yes. DALY: Yes. LUKE: Chair votes yes. _________________________ Regarding a reader board and electronic equipment at meetings, Commissioner Luke still wants an electronic reader board. Mr. Kanner said that the cost to televise meetings is about $48,000. The cost of mobile video conferencing equipment is separate. Commissioner Melton asked if there is concern about how people act when they know they are being televised. Commissioner Luke said he doesn’t understand why this is being pushed. The County has a good reputation. People who need to know something find it out. There is no reason to put everything out there. People who end up on television take advantage of it. The Bend City Council actually hired a consultant to tell them how to look and speak. He feels that doing this is a mistake; it won’t help the image and could in fact harm it.