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Oregon Trails

An Occasional Newsletter

from

The Association of Oregon Counties

Month, Year - Vol 1, Issue 1

Happy May Day

If April showers brings May flower, what do May showers bring?

May 1, 2012

In This Issue
Federal Transportation Reauthorization
ODFW Town Hall Meetings
Oregon's Coastal Nonpoint Pollution Program
CCO Update
Governance Forum
CCO Sample MOU
Discretionary Immunity
News from ODOT
NACo Appointments
News from the Association of O&C Counties
DEQ Permitting for Use of Graywater
Upcoming Trainings, Workshops, Conferences
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Editor's Note

When I started at AOC nearly eight years ago, I was led to believe that periods of time between legislative sessions was a time to decompress, catch up and take your time to prepare for the next legislative session. Ha! The joke was on me. Last week as the AOC policy staff had what I would call an organizing session it became quite clear that things have changed. The number of interim activities has grown dramatically in the past decade, and with the myriad of issues relevant to counties, AOC is in the thick of the action.

 

Now, a correction: in the last issue of Oregon Trails, there was an article on the Early Learning Council. In that article there was mention (twice!) of Duke "Snider" from the Governor's office coming to talk to the AOC Human Services steering committee. Obviously, it should have read Duke "Shepard" not "Snider." But in case you're wondering, Duke Snider was a hall-of-fame centerfielder for the Brooklyn/L.A. Dodgers. According to the Baseball Hall of Fame, "A graceful center fielder with a picture-perfect swing, Duke Snider was the biggest bat in the Brooklyn Dodgers' potent lineup of the 1950s. He hit 40 or more homers five consecutive times and led all batters in home runs and RBIs during the '50s. The Duke of Flatbush hit four homers in two different World Series (1952 and '55), clouting a total of 11 Series home runs and 26 Series RBIs." A little known fact, the Duke of Flatbush hit the last home run at Brooklyn's famed Ebbets Field on Sept. 22, 1957.

 

To Duke Shepard - sorry for the typo, but you're a hall-of-famer in our book.

Federal Transportation Reauthorization

Now that the House passed a bill that can be sent to a conference committee, the real fun begins. We're fortunate that two of Oregon's congressional delegation - Rep. DeFazio and Rep. Blumenauer - will serve on the committee which holds its first meeting on May 8. Not only will transportation funding be on the table but the federal forest payments extension will be part of the negotiations since it was included in the Senate Bill (MAP-21). 

 

AOC is working closely with ODOT and the League of Oregon Cities to present a united front on major funding priorities:

  • Continuation of federal forest payments
  • Funding levels - we prefer the Senate version since it is more favorable with its funding level and formula for Oregon
  • Public Lands Highway Program Funding which amount to $23 million in FY 11  Historically over half of this funding is spent on county roads
  • Metropolitan Planning Organizations - The language in HR 7 preserves Oregon's existing MPO's
  • Allowing an exemption for Oregon for any mandatory off-system bridge set-asides
  • Public Transit
  • Transportation Enhancement Program fund which wraps in recreational trails and Safe Routes to School
  • Freight improvements

We hope the Conference Committee will reach an agreement by Memorial Day or early June.

 

ODFW Holds Town Hall Meetings on its 2013-15 Budget 

The Oregon Department of Fish & Wildlife will hold three town hall meetings in quick succession until Thursday to gain public comments on its 2013-15 budget. Among other things, this provides an excellent opportunity for counties to reemphasize the importance of the State providing adequate support to federal Wildlife Services for animal damage control. For the current biennium, ODFW and the Department of Agriculture were able to make up some of its reductions in funding forced in the 2009-11 budget, together providing $440,000. This still compares unfavorably to the large burden carried by counties ($2.4 million) to control wildlife under state jurisdiction.

 

Please thank ODFW for their increased funding of Wildlife Services this biennium, and urge them to continue the trend of restoring even more reasonable support for 2013-15, particularly given increased demand caused by wolf control. The town halls are scheduled from 7:00 p.m. to 8:30 p.m. at:

  • LaGrande, Tuesday, May 1st, Blue Mountain Conference Center, 404 12th Street.
  • Bend, Wednesday, May 2nd, Central Oregon Community College Boyle Education Center, Room 155, 2600 NW College Way.
  • North Bend, Thursday, May 3rd, North Bend Library, 1800 Sherman Ave.
Oregon's Coastal Nonpoint Pollution Program Under Revision 

The Environmental Quality Commission (EQC and Board of Forestry (BOF) held a joint meeting in Newport on Thursday to describe their approach to compliance with a settlement agreement, signed by Northwest Environmental Advocates, Environmental Protection Agency, and the National Oceanic & Atmospheric Administration, to enhance protections of water quality along the coast. Three concerns must be adequately addressed. First, rural residential development's water quality risks from on-site systems. There will be new rules requiring time-of-transfer inspections of on-site systems. Second, new development generally that changes hydrology and increases erosion. A guidance document will be produced for a Total Maximum Daily Load (TMDL) Implementation Plan to address hydrology and erosion. Third, riparian conditions within forests that affect temperature of small and medium-sized streams. For this issue, the BOF will begin rule analysis under the Forest Practices Act to develop alternative and decision timelines, with the objective to establish riparian protection measures for small and medium fish-bearing streams.

 

Counties within the Coastal Nonpoint Management Area include Clatsop, Columbia, Tillamook, Lincoln, Benton, Lane, Coos, Douglas, Curry, Josephine, and Jackson.

 

Under the federal Clean Water Act, the EQC/Department of Environmental Quality monitors and assesses attainment of Water Quality Standards, lists impaired waters, and determines TMDL Minimum Elements by locating pollutant sources within the watershed, estimating existing pollutant loading, and determining assimilative capacity. This will fold into an Integrated Watershed Plan with Point Source Permitting and Nonpoint Source Controls. The BOF/Department of Forestry (ODF) has jurisdiction over forest practices. Statute requires ODF to adopt rules reflecting available scientific information, with restrictions that substantially advance the objective to protect water quality while choosing the "least burdensome" alternative.

 

CCO Update 

The deadline for the first round of applications has come and gone. A list of applicants may be available from OHA in the coming weeks. AOC will continue to monitor the progress of the application process and do our best to keep you informed.

 

OHA held two webinars aimed at county commissioners, officials and employees last week. There were a number of thoughtful questions and the webinar was thought by all to be a success.

 

Governance Forum 

As part of the continuing education process, the AOC OHA/DHS Governance Forum will be dedicated to CCOs and CCO formation. The Forum is being held at the Local Government Center from10 AM to 1 PM on Friday, May 9th. The round table discussion will be an opportunity for commissioners to have policy level discussion with directors and department heads of OHA/DHS and the governor's office. For more information or call-in or video questions, please contact Mark Nystrom at AOC.

 

Sample MOU Between CCOs and Mental Health Services 

The Oregon Health Authority has produced a sample MOU for CCOs and county mental health services. This document can be found here. This template is very broad but contains all the items OHA feels is necessary. Using OHA's template, along with AOC's CCO checklist can help counties deal with the rapidly moving application process.

 

From CIS: Discretionary Immunity 

Spring is budget time in Oregon, and budget time is a good time to make policy choices that can provide an important defense against liability: discretionary immunity. Discretionary immunity can be an especially important tool in tough economic times when local governments are simply unable to fund or staff important maintenance and other projects that might reduce exposure to risk.

 

Whenever a public body becomes aware of a hazard or condition that could potentially cause harm, there is arguably a duty to remedy the problem or face liability for resulting injuries.

 

Click HERE to read the article in its entirety. 
 
News From the Oregon Department of Transportation

Meet the Oregon Transportation Commission: Tammy Baney

Tammy Baney wears many hats: she's a deschutes Cunty Commissioner, president of hte Association of Oregon Counties, and since the summer of 2011 she has been a member of the Oregon Transportation Commission. More...

 

Need cash? Oregon Transportation infrastructure Bank may be able to help

Low interest loans from the Oregon Transportation Infrastructure Bank can help localgtovernments build projects years before they otherwise would. More...

 

Expanded intercity bus service connects Oregon communities

Ridership on the Public Oregon Intercity Transit (POINT) network is growing quickly, and new service starting later this year will help better connect communities. More...

 

New from NACo 

Ready to lead your fellow county officials?
The NACo Presidential Appointment process is underway. The application form must be submitted by June 4 if you want to be considered for a 2012-13 NACo leadership position on a steering committee - or a leadership or committee appointment on a standing or ad hoc committee. The application form is available by clicking here.
 
Contact: Karen McRunnel · 202.942.4238

 

News from the Association of O&C Counties 

SRS County Payments to be considered during the Surface Transportation Conference Committee discussion

Last week House and Senate Conferees were named to participate in the Surface Transportation bill Conference Committee discussions. The Conferees will be tasked with reconciling the differences between the Senate's two-year Surface Transportation bill and the House version that includes the Keystone XL Pipeline and a 90 day extension. There are 21 House members (12 Republicans, 9 Democrats) named as conferees. Two members from the Oregon Delegation, Congressman DeFazio and Blumenauer have been selected as Conferees. Mr. DeFazio indicated in a press release Thursday that the "conference will include negotiations over a temporary one-year extension of vital county payments for Oregon counties." The Senate designated 14 members (8 Democrats and 6 Republicans) from the Environment and Public Works, Commerce, Banking and Finance committees. The first meeting is scheduled for next week after the House returns from District work sessions.

 

Request to extend comment period on Northern Spotted Owl Critical Habitat Rule

At the Associations Board of Directors meeting Friday Jody Caicco from the USFW Service gave an update on the Northern Spotted Owl Critical Habitat Rule and the public comment process. An important component to the Northern Spotted Owl Critical Habitat Rule is the economic analysis being conducted by Industrial Economics, Inc., based in Cambridge, Massachusetts. The Board agreed to join with AOC to request and 90 day extension of time to comment.

 

BLM Planning for Western Oregon

The new BLM planning process for the O&C Lands is moving forward. Kim Titus, the acting Director for the effort briefed the Association Friday on the public meeting dates and locations starting May 16th in Medford and concluding June 5th in Portland. BLM will accept scoping comments until July 5th.

 

DEQ Permitting Program for Use of Graywater 

Oregonians can now reuse graywater both inside (for flushing toilets) and outside (for water landscaping) a home or building. Information from DEQ on their new permitting program and on using graywater for flushing toilets is now available.

 

Upcoming Trainings, Workshops, Conferences and Listening Sessions

Small Wind Site Assessors Training, Portland, May 14-18

 

OWEB Long-Term Investment Strategy listening sessions, multiple locations and dates

 

OEDA Spring Conference, Portland, May 18

 

Brownfields Conference and Awards/Call for nominations, Portland, June 13-14

 

Have a great weekend!

 

Laura Cleland & Eric Schmidt

Association of Oregon Counties

503-585-8351