2005-594-Minutes for Meeting March 30,2005 Recorded 4/1/2005DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURN L
04/01/2005 03:06:48 PM
21ilil-151
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - wwwdeschutes.oEg
MINUTES OF BOARD MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MARCH 30, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Tom De Wo�f Dennis R. Luke and Michael M Daly.
Also present were Mike Maier, County Administrator; Tom Blust, Road
Department; Laurie Craghead and Mark Amberg, Legal Counsel; Ruth Jenkin,
Jail; Sue Brewster, Sherift's Office; Joe Studer, County Forester; George Read,
Tom Anderson, Kevin Harrison and Paul Blikstad, Community Development
Department; Anna Johnson, Commissioners' Office; and Marty Wynne, Finance.
Also present were Bill Starks, Sunriver Service District; media representatives
Barney Lerten and Rick Meyers, Z-21 TV, Chris Barker, the Bulletin, and Jeff
Mullins, KBND Radio; and approximately 40 other citizens.
Chair De Wo�f called the meeting to order at 10: 00 a. m.
1. Before the Board was Citizen Input.
Chair DeWolf reminded everyone that no testimony will be taken on the
Badlands proposal, as the public hearing has already been closed.
Cyndy Cook, the Executive Director of the Central Oregon Regional Housing
Authority (CORHA), reminded the audience of the Horizon House grand
opening at 1875 NE Purcell Boulevard, Bend, on Thursday, March 3 1.
Commissioner Daly will be one of the key speakers. This facility came about
due to the joint efforts of St. Charles Medical Center, CORHA and the County.
2. Before the Board was the Reading of a Proclamation Declaring April 3
through 9 the Week of the Young Child in Deschutes County.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page I of 14 Pages
Holly Remer, Healthy Beginnings Program Director, explained that this
program provides free health and development screenings for children age birth
to five years. Professionals provide their services in kind for the community,
working through the County. A variety of resources are provided to the parents
of very young children.
Ms. Remer then read the proclamation, and left information packets for the
Board and media.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
3. Before the Board was the Reading of a Proclamation Declaring April Child
Abuse Prevention Month in Deschutes County.
Judy Stiegler of CASA and Shelley Campbell from the KIDS Center came
before the Board. Ms. Campbell is coordinating the "Blue Ribbon" campaign
for April.
Ms. Stiegler explained that CASA trains and monitors advocates who assist
children that are involved in court cases, sometimes in conjunction with
attorneys if appropriate. The group assists about 700 children per year. She
then read the proclamation to the audience.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Ms. Stiegler asked that County fly the Child Welfare flag in front of the
Deschutes Services Building during the month of April. She also distributed
"blue ribbon" pins to the audience, and said that the "blue ribbon" run and walk
will take place on April 16. Attorney Hardy Myer will participate by starting
the race. On April 25 there will be a "shop to stop child abuse" event, with
proceeds benefiting the KIDS Center.
Minutes of Board of Commissioners' Meeting Wednesday, March 3 0, 2005
Page 2 of 14 Pages
4. Before the Board was a Presentation and Update on the Strategic Plan of
COCAAN (Central Oregon Community Action Agency Network).
Sharon Miller gave an update of COCAAN's plans for the future by use of an
overhead presentation. (A copy ofthe presentation is attached as Exhibit B.)
She explained that the role of COCAAN is more than just meeting basic needs.
Continual support is needed in education, leadership, partnerships, and
involving citizens in their community.
Some goals of the group are making sure quality, affording housing is available,
as well as child care, literacy programs, job skills and education, and building
for the future. They work with about 1,000 families per year in the tri -county
area. Family stability is important and is attained through support systems,
education and various resources. Many of the people assisted are employed,
but don't have assets or much of a safety net during hard times. These people
need to develop the means to improve their lives, and should be empowered
enough to have hope for their futures.
Commissioner DeWolf said that he appreciates the coincidence that the
audience was large at this meeting, and that the media was present, due to a
variety of items on the agenda. He stated that one important issue is that
society is doing a poor job of communicating the needs of a very large segment
of the population that doesn't enjoy the security and well-being that others take
for granted. He thanked the audience for attending the meeting.
He added that if anyone in the audience is interested in volunteering, to contact
the Commissioners so they can put them in touch with the appropriate group.
5. Before the Board was Consideration of Chair Signature of Document No.
2005-091, an Intent to Award Contract Letter for Inmate Telephone and
Recording System Use.
Sue Brewster explained that the vendor pays the County a fee for the service,
between 32-37%.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 3 of 14 Pages
6. Before the Board was Consideration of the Second Reading and Adoption
of Ordinance No. 2005-005, Amending Chapter 5.12 of the Deschutes
County Code regarding Occupancy Regulations.
Tom Anderson stated that this is basically a housekeeping item relating to
Sunriver, which changes County Code regarding occupancy limits in certain
zones. He added this change should have been made in 1997 when the Sunriver
zone was changed.
LUKE: Move second reading of Ordinance No. 2005-005 by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then conducted the second reading by title only.
LUKE: Move adoption.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
7. Before the Board was a Public Hearing regarding a Plan Amendment and
Zone Change Request from Tumalo Irrigation District.
Paul Blikstad gave a brief history of the application, and referred to an
oversized map and aerial photograph. The Hearings Officer held a hearing and
denied the applicant's request in August 200 1. The applicant appealed to the
Board, which decided not to hear an appeal. The applicant then appealed to
LUBA, and the appeal has been there for some time. The applicant submitted a
request for the County to withdraw the appeal from LUBA since the application
is now in regard to 40 acres instead of 420. On January 24 the Board agreed to
become the hearings body on this issue.
This will be a de novo hearing since there is additional testimony. Staff
believes the applicant can amend the application from the 420 acres to 40 based
on Code.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 4 of 14 Pages
Commissioner DeWolf noted that documents indicate there are soils that can
sustain timber on this 40 -acre parcel. Mr. Blikstad added that much of it is
rock, and the type and depth of the soil is inadequate. Most of the vegetation is
scrub brush and j uniper.
Mr. Blikstad stated that one issue before the Hearings Officer was that she
didn't believe there was adequate access.
LUKE: Move that the Board call this up for a hearing instead of having it go
to the Hearings Officer.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Laurie Craghead stated that on page 3 of the applicant's burden of proof on
remand, there is disagreement as to whether one of the County's plan provisions
regarding contiguous ownership applies. She said that she believes the Board
needs to interpret on the record whether the provision applies to the general
area,, or to the subject property. However, if it does apply to the property, it
would be just one characteristic of the F- I zone; there may be no others.
Mr. Blikstad explained that the applicant provided a map showing parcels of 40
acres or less in the F- I zone. There are only five, with two privately owned and
one, the subject property, now vacant. This is a unique situation. The Hearings
Officer stated that the property may be capable of being divided, but staff
disagrees since the property is in the wildlife combining zone. The Hearings
Officer also said that the property is surrounded by F- I land; however, it has
EFU land bordering one side.
The Forest Use zone was established in 1979, as F-1, F-2 and F-3. This land
was originally F-3, the lowest version of forest use with little potential as
woodland. The zoning designations changed in 1992 when all forest land was
rezoned. F- 1 was typically publicly owned land, and F-2 was smaller acreage,
usually privately owned. Based on new evidence from the applicant, this land
should have been zoned F-2, which would allow a dwelling.
Ms. Craghead noted that part of the agreement to withdraw from consideration
is that the applicant will not seek any fees that are allowed from the County.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 5 of 14 Pages
At this time Chair DeWolf read the opening statement. (A copy is attached as
Exhibit C.)
In regard to ex parte contacts, the Commissioners had none to state.
The Commissioners indicated they have no conflicts of interest in this matter.
Sharon Smith,, an attorney for the applicant, then spoke. She introduced Elmer
McDaniels, the Manager of Tumalo Irrigation District.
Mr. McDaniels stated that the District has owned the land since the mid- I 950's.
Ms. Smith said that County staff had provided much of the information needed.
She stated she will supplement the burden of proof with new information the
Hearings Officer didn't address or include. (A copy ofdocuments submitted by
Ms. Smith is attached as Exhibit D)
In regard to access to the property, she stated that there is a dirt road there now
which will need to be improved. She is in discussions with the Bureau of Land
Management and are working on an easement, but this will be part of a
supplemental application. Without the easement the parcel would be
landlocked,, so something will need to be worked out.
Chair DeWolf asked if anyone else wished to testify.
Jan Hupp spoke on behalf of his parents, who were out of town. They own a
240 acre parcel that was part of the District's original application. He agreed
the zone should be changed. He added that the land won't support forest uses
and the State Forester has indicated it is not conducive to growing timber. He
said there are old irrigation canals and floodgates on the land that indicate it
was used for farming at some point.
Chair DeWolf stated that the Board appreciates his comments, but their action
is not setting precedent on Mr. Hupp's property. He added that Mr. Hupp
would have to bring the issue of his own property up on its own merits in the
future.
No other testimony, either for or against the issue, was offered. Chair DeWolf
then closed the hearing.
Laurie Craghead said that the normal course is to hold the hearing, and if the
Board ultimately approves the application, the applicant's attorney will write
the findings.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 6 of 14 Pages
DALY: Move approval of the application to rezone this parcel to EFU, and
direct staff to work with the applicant's attorney who is to draft the
findings.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
8. Before the Board was Consideration of Signature of Document No. 2005-
109, an Intergovernmental Agreement between Deschutes County and the
City of Bend regarding the Extension of 27 1h Street from Butler Market
Road to Purcell Boulevard.
Tom Blust stated that he and Mike Maier met with representatives of the City of
Bend to work out this improvement agreement. Part of the street is located in
the City, with part in the County. This agreement details the responsibilities of
both entities. The County will provide funds to the City, and the City will
provide additional funds for its portion and to bring the County portion up to
City standards.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
9. Before the Board was Consideration of the First Reading of Ordinance No.
2005-012, Amending Chapter 4.08 of the Deschutes County Code regarding
Transient Room Tax.
Marty Wynne, Cheryl Circle and Mark Amberg came before the Board.
Commissioner Luke said he was contacted by a person who owns a single
property; she indicated that the IRS allow quarterly reporting in this case. Mr.
Wynne stated that this is a reasonable suggestion and a change can be
implemented to allow a certain threshold so that some won't have to report
monthly.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 7 of 14 Pages
Commissioner DeWolf said the intention is to adopt the Ordinance as soon as
possible so that people can begin planning for a change to occur on October 1.
There are still a few details to work out, which can be handled prior to that date.
Mark Amberg stated that the changes discussed at a work session on March 29
have been incorporated in the Ordinance. Other minor changes can be added
before the second reading.
Mr. Amberg then gave a brief summary of the major changes and why they are
being made. (Copies of the summary and the proposed Ordinance are attached
as Exhibits E and F.) The process has gone on for about two years, and began
because of recommendations of an outside auditor who found inconsistencies
on how the Ordinance was being applied. County Finance and Legal reviewed
the Ordinance, and input was received from various operators of Central
Oregon lodging facilities. The goal is to make the Ordinance as fair and
equitable as possible for all operators, allowing for ease of application by the
County. There is no change in the room tax rate of 7%. This rate could only be
changed by vote of the citizens.
Some of the changes relate to the definition of destination resorts, since there
are a variety of facilities. Another change allows the operators the option of
retaining up to 5% of the room tax collected. Under current State law, if the
County changed the room tax rate, this provision would have to e added. The
County proposes adding this provision at this time in order to recognize the
benefit and service provided by the operators collecting the room tax.
Commissioner Luke pointed out that there will be an increase in the room taxes
collected since more operators will be included, but even with the 5% being
retained by the operators the net to the County will remain about the same.
Marty Wynne added that the operators have been very good about sharing
information to help the County develop the Ordinance and, based on this
information, he agreed the revenue to the County should not change much.
Chair DeWolf asked if anyone wished to testify regarding the Ordinance.
Eva Gill of Rock Springs Guest Ranch stated that she supports the changes
being made, but had some concerns. Regarding the terminology regarding
Minutes of Board of Commissioners' Meeting Wednesday, March 30,2005
Page 8 of 14 Pages
reasonable costs for food allocation and recreation allocation, she would like to
see the definition expanded.
Commissioner Luke indicated that this is a valid point, since a dude ranch
provides more food to guests than other types of operations. Commissioner
DeWolf added that it does impact other operations, such as bed and breakfast
inns. Ms. Gill said that she is working with Cheryl Circle on this issue.
Tom Luersen of Sunriver Resort then spoke. He said that although it pains him
to say so, he applauds the effort taken over the past two years and the work the
Board put into this issue. He said the Board has shown a good collaborative
effort on something that is difficult and hard to understand; the industry is
complicated and no one size fits all. The State's new language also
complicated the issue. On behalf of Sunriver Resort, he stated the Board has
dealt fairly with their concerns. Everyone was truthful and kept within the
spirit of trying to find consistency. No one got exactly what they wanted, but
that is the true definition of compromise.
Commissioner Luke noted that the operators have been very open throughout
this process and were a great help. Commissioner Daly added that when the
process started two years ago, no one agreed on anything. Everyone has
worked very hard to get to this point.
Cary Anderson of Green Acres RV Park then spoke. He asked for clarification,
since his facility has tent sites and he is not sure if he is supposed to collect tax
on them. Mark Amberg suggested that he contact Cheryl Circle to discuss this
issue.
LUKE: Move first reading of Ordinance No. 2005-012, by title only.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Chair DeWolf then conducted the first reading by title only.
The second reading will be conducted on a date to be determined.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 9 of 14 Pages
10. Before the Board was a Discussion and the Commissioners'
Recommendation regarding the Proposed Badlands Wilderness Area.
Joe Stutler came before the Board. He highlighted a staff paper he previously
sent to the Board. (A copy of the documents is attached as Exhibit G) He said
that since the public hearing was held in January, more than 1,500 comments
from the public were received. Over 75% of those were in favor of the
wilderness designation.
Another significant occurrence was the release of the Bureau of Land
Management's Environmental Impact Study, which includes the Badlands area.
The EIS involved years of work. The public comment period of their master
plan was closed without receipt of formal appeals or protests. The EIS has
completed its due process, and the land will be managed until such time as a
law is passed to declare it a wilderness.
Part of the BLM plan is that the Badlands area be roadless. Another part is to
continue the wilderness study area until Congress acts upon it. ONDA (the
Oregon Natural Dessert Association), in a effort to reach common ground,
pulled back its suggestion that the dry canyon area be included in the wilderness
area. Mr. Stutler stated that this was to find a way to get the designation, and
minimize the conflicts.
It is unique that County officials would weigh in on this issue. From a natural
resources perspective, it is notable that so many people weighed in on this issue.
Any action the Board takes is only a recommendation, since Congress will
make the final decision. One-third of the land is located within Crook County,
which has chosen not to declare its opinion either way.
There are four recommendations that the Board could consider. Those are:
Take no action at all.
Support the wilderness designation as detailed in the BLM's EIS.
Support a non -wilderness designation.
Support a wilderness proposal that would allow Route 8, which is about 8.5
miles, to remain open; in essence, making this a drive-through wilderness.
Commissioner Daly asked if the lower portion that ONDA withdrew was part
of the BLM's area of consideration. Mr. Stutler stated that the BLM looked at
many options for the wilderness area, but settled on the current wilderness study
area.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 10 of 14 Pages
ONDA had specific reasons for wanting to include the dry canyon area, such as
its unique features and the fact that it would make it easier to enforce the
wilderness designation. After the process was completed, it ended up where it
is now.
Commissioner Daly then read a prepared statement. A copy of this document is
attached as Exhibit H.
Commissioner Luke then gave the following opinion:
When you get into these issues and don't support one side or the other, on many
occasions I've been accused of not caring about the land. I've been here since
1973 and I've spent a lot of time in that area in the past with scouts on camping
trips, and with family members. I wrote a paper on some of the rock formations
located in the dry canyon, and I have a great appreciation for the area. I like the
high desert and find a lot of peace out there. I just hope we don't have
headlines after today that we don't support protection of the land. We all
appreciate this land and want to see it protected.
Commissioner DeWolf then read a prepared statement. A copy of this
document is attached as Exhibit 1.
DEWOLF: Because two votes do not exist to do what I believe is the right
thing, I reluctantly move that the County take no position
regarding the Wilderness Designation of the Badlands.
LUKE: Second.
VOTE: LUKE: Yes.
DALY: No. (Split vote)
DEWOLF: Chair votes yes.
Commissioner Luke then commended Mr. Stutler on his hard work on dealing
with this issue.
CONVENED AS THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Resolution No. 2005-
039, Adopting Public Contracting Rules and Procedures for the Sunriver
Service District.
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page I I of 14 Pages
Bill Starks of the Sunriver Service District explained that the legislature revised
public contracting rules, and rendered some options obsolete. This is the first
step in putting things back together and adopting the Attorney General's rules
with some small variations.
LUKE: Move approval.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$49193.80.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
13. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $2,380.38.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Minutes of Board of Commissioners' Meeting Wednesday, March 3 0, 2005
Page 12 of 14 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
14. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $421,517.11.
LUKE: Move approval, subject to review.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
15. ADDITIONS TO THE AGENDA
None were offered.
Being no further items brought before the Board, Chair De Wo�fadjourned
the meeting at 11:55 a.m.
DATED this. 30th Day of March 2005 for the Deschute nty Board of
Commissioners. r
TorA be)�I—olf, Cha@
Commissioner
ATTEST: dennis R. Luk&,-Cdmmiss1*-o'-ner
Recording Secretary
Minutes of Board of Commissioners' Meeting Wednesday, March 30, 2005
Page 13 of 14 Pages
Attachments
Exhibit A: Sign -in sheet (1 page)
Exhibit B: COCAAN Strategic Plan (28 pages)
Exhibit C: Opening statement for Tumalo Irrigation District land use appeal (2 pages)
Exhibit D: Documents provided by Liz Fancher, attorney for Tumalo Irrigation District
(4 pages)
Exhibit E: Summary of Proposed Revisions to Deschutes County Room Tax Ordinance
(5 pages)
Exhibit F: Draft of Proposed Room Tax Ordinance, as Revised (12 pages)
Exhibit G: Badlands Wilderness Staff Paper from Joe Stutler (2 pages)
Exhibit H: Decision on Badlands Wilderness Designation — Commissioner Mike Daly
(2 pages)
Exhibit 1: Decision on Badlands Wilderness Designation — Tom DeWolf (2 pages)
Minutes of Board of Commissioners' Meeting Wednesday, March 30,2005
Page 14 of 14 Pages
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ACKNOWLEDGEMENTS
COMMUNITY AND REGIONAL
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COCAAN TODAY
VISION AND MISSION
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CORE VALUES
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2004-2009 STRATEGIC PLAN
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Acknowledgements
In June 2004 the COCAAN Board adopted a new Strategic Plan that will guide
the organization for the next five years. These goals and objectives are in large
part based on the experience, hope, and expectation of the diverse group of
community stakeholders that participated in the Strategic Plan process from
March through May 2004.
Elected officials, community volunteers, COCAAN staff, Head Start parents,
non-profit partners, and COCAAN funders gave generously of their time so
that we could better understand not only what COCAAN does well, but also
what COCAAN could do better to help our clients and our communities thrive.
We were impressed by the thoughtfulness and commitment of the community
stakeholders who took part in this process.
We wish to thank those of you who participated with us in this process either
by participating in a personal interview, by attending a focus group, or by com-
pleting a survey. In addition we wish to thank Leon Laptook and Cathey
Briggs, Consultants with the Community Development Law Center for their
consultation and facilitation assistance. We wish to thank the Neighborhood
Reinvestment Corporation which provided funding for development of this
Strategic Plan and staff support from Mary Clark and Marylin McKeown.
Focus Groups:
Bend, Madras, Prineville, and Redmond
Head Start Policy Council
COCAAN Staff
COCAAN Board of Directors: Randy Johnson, Karole Stockton, Linda Walker, Bruce
Abernethy, Becky Arnold, Mike Daly, Lynnetta Evans, Mike Mohan, Tom Moore,
Gayle Rodgers, Ron Smith, Bob Turner, and Mary Zemke.
COCAAN Management Team: Sharon Miller, Holly Hutton, Norm Chadwick,
Melanie Harper, Ursula Houck, and Betty Shuler.
Interviews with Community Members:
Rick Allen, Mayor of Madras
Brenda Comini, Crook County Commission on Children and Families
Jayel Haden, High Desert Education Service District
John Hummel, Bend City Council
Walt Ponsford, Jefferson County Commissioner
John Russell, City of Bend
Susan Schnieder, Oregon Community Foundation
Mike Tennant, Tennant Development
Ken Whilhelm, Deschutes United Way
Gene Whisnant, State Representative
Interviews with Lenders and Funders:
Oregon State Housing and Community Services - Jeanne Arana
Neighborhood Reinvestment Corporation - Mary Clark
Region 10 Head Start -Donna Kahle
Exhibit— fl)
Page L�_ Of
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Community and
Regional Context
Central Oregon Community Action Agency Network (COCAAN) is the com-
munity action program that serves the three county central Oregon region.
Community action programs are local agencies designated under state and
federal programs to operate programs that address the causes and symptoms of
poverty. COCAAN serves an area that is approximately the size of New
Jersey with a population of about 170,000. In COCAAN's service area there
are approximately 18,300 persons with incomes below the federal poverty level
and about an equal number who are struggling to make ends meet and are
among the 'working poor.'
The tri -county area COCAAN serves is both large and diverse.
Crook Count encompasses 2,982 square miles in the geographic center of
Oregon. 20,200 people live in the county. It is one of the smallest counties in
Oregon ranking 26h among 36 counties. In addition to one incorporated city,
Prineville- (population 8,200) there are three other unincorporated communi-
ties-Post/Paulina, Powell Butte, and the Juniper Canyon area. The latter area
includes a population that is the most economically challenged of the region,
with over 60% of the population at or below 200% of the federal poverty level.
Rural poverty is a challenge for the county. The Oregon Economic Develop-
ment Department has designated the entire county a 'distressed area.'
The county is extremely rural with 50% of the landmass being in state or fed-
eral ownership and a density of just six people per square mile. Ethnicity is pre-
dominately Caucasian (92.9%). The remaining 7.1% is principally Hispanic
and Native American. However, of the total population ages 0-17, 10.8% is
Hispanic/Latino.
The largest industrial sectors in the county are secondary wood products and
distribution/warehousing. Among the county's largest employers are Les
Schwab Tires, Clear Pine Mouldings, and American Pine Products.
Jefferson Count is diverse geographically, economically and culturally. It en-
compasses 1,791 square miles and has a population of 19,850. Madras, with a
population of 5,300, is the largest community. Other communities include
Culver, Warm Springs, Crooked River Ranch and Camp Sherman. Separated
by rivers and the sparsely populated high desert, Jefferson County faces chal-
lenges of distance and isolation.
Jefferson County grew by 39% during the 1990's. With the Warm Springs
Reservation, there is a significant Native American presence, representing
17.5% of the population. Hispanic/Latino residents comprise 17.7% of the
population. These large minority populations give the county the distinction of
being the most diverse county in Central Oregon and one of the most diverse in
pil
Page
-, -of
the state. The county's percent of the youth population, in particular children
under nine years old, is significantly higher than state averages. Jefferson
County's proportion of seniors is smaller than the state average. The poverty
rate of 18.6% is well above the rate for Central Oregon and the state as a
whole.
Lumber, wood products and transportation equipment are the largest manufac-
turing industries. Trade and government employment are the predominant non-
manufacturing sectors. Tribal employment comprises over 40% of the total
public sector employment in the county. Among the largest employers are:
Bright Wood Corporation, Kah-Nee-Tah Resort and Seaswirl Boats.
DeschutesCount has the largest population (126,500) of the three central Ore-
gon counties and is the fastest growing county in Oregon. Deschutes County is
about 3,055 square miles in size and has the Cascade Mountain Range to the
west and the high desert to the east. Much of the rapid growth of the county
over the last decade stem from its year round recreation opportunities and fa-
cilities.
Within the County are three municipalities: the City of Bend, the City of Red-
mond, and the City of Sisters. Also within County limits are the communities
of La Pine, Sunriver, Terrebonne, Alfalfa, Hampton, Brothers, and Millican.
The City of Bend, population 62,500, was recently designated by HUD as an
entitlement jurisdiction for CDBG and HOME funds. It is the only entitlement
jurisdiction in Central Oregon.
The population of Deschutes County is 94.8% Caucasian. Hispanics/Latinos
are the principal minority, comprising 3.7% of the population. While the me-
dian income for a family of four in Deschutes County ($45,000), is well above
the median for Crook ($35,300) and Jefferson ($36,700) counties, it is 8% be-
low the statewide median income average.
Major industries in the county include tourism, healthcare services, and tech-
nology based industries. Large employers are St. Charles Medical Center, iSky,
Mt. Bachelor, Inc. and Beaver Motor Coaches.
The following are selected demographic data for COCAAN's Central Oregon
service area.
POPULATiONIDEMOGRAPHICS:
Source: U.S. Census, 2000
3
Exhibit
Page -1
Crook
Deschutes
Jefferson
Oregon
Population
_(2002 est.)
19,999
125,258
—
19,768
3,521,51T
% change (00-
-02)
4.2
8.6
4.0
2.9
% change (90-
2000)
35.9
53.9
39.0
20.4
% Under5
6.5
6.1
7.7
6.5-
% Over65
14.7
13.1
12.4
T-2.8
% White
93.0
94.8
69.0
86.6
% Hispanic
Origin
5.6
3.7
17.7
8.0
% Native
American
1.3
I
.8
15.7
1. d3
Source: U.S. Census, 2000
3
Exhibit
Page -1
The population of COCAAN's tri -county service area was 166,550 in 2002.
The rate of growth in the region will continue to be among the highest in the
state over the next decade averaging in the 3-5% range annually.
M L 0 YMEN T.'
Source: Economic Development for Central Oregon
rantral r)rPrinn'_,z Largest Private Employers: (Rank -ordered, 2004)
1. St. Charles Medical
Crook
Deschutes
Jefferson
Oregon
Primary Indus-
*Distribution/
*Tourism
*Manufacturing/
10. Pozzi Window
tries
Warehousing
*Health/Social
Fabrication
(top 3 in em-
*Wood Product
Assistance
*Agriculture
25.1
ployment)
Manufacturing
*Wood Product
*Tourism
11.6
Poverty
*Education/Health
Manufacturing
19.0
12.1
Unemployment
8.0%
8.2%
Rate (2003)
I
14.0
6.0 (US)
Source: Economic Development for Central Oregon
rantral r)rPrinn'_,z Largest Private Employers: (Rank -ordered, 2004)
1. St. Charles Medical
6. iSKY
2. Bright Wood Corporation
7. Eagle Crest Partners (seasonal)
3. Les Schwab Tire Center
8. Beaver Motors
4. Sunriver (seasonal)
9. Clear Pine Mouldings
5. Mt. Bachelor (seasonal)
10. Pozzi Window
Note: 3 of top 10 employers are seasonal - usually means part-time empioymeni iower wayu
jobs with no benerits.
IN OMEIPOVERTY:
ED [ICA TION. -
Crook
Deschutes
Jefferson
Oregon
Median Income
$35,300
$45,000
$36,700
$48,900
(family of 4,
'02)
12.6
25.0
13.7
25.1
% People in
11.1
10.9
18.6
11.6
Poverty
6.3
5.4
19.0
12.1
% of Children
13.9
10.4
22.2
14.0
(under 18) in
Poverty
1
1
1
1 1
ED [ICA TION. -
HOUSING COSTS.
11
1,
J�Xjjjv
page
Crook
Deschutes
Jefferson
Oregon
% HS Grads
80.5
88.4
76.5
85.1
(age 25+)
% BA or higher
12.6
25.0
13.7
25.1
(age 25+)
% Language
6.3
5.4
19.0
12.1
other than Eng-
lish spoken at
I home (age 5+)
1
1
1
1 1
HOUSING COSTS.
11
1,
J�Xjjjv
page
Source: * Ceniral Oregon Rental arners'Association
** Ceiiti-olOi-egoiiAssociatioiiofReeiltoi-s
0 Median monthly mortgagepaymentsfor households in Deschutes
County were $1, 093, Jefferson County $850 and Crook County $845.
0 41% ofall renters in Deschutes County are unable to afford a 2
bedroom apartment at HUD areafair market rents. In Crook and
Jefferson County 35% of renter households are unable to afford 2
bedroom units. 11,963 low-income households are cost burdened.
0 The average housingpayment (including utilities) that would be
affordable tofamilies served by a majority of COCAANprograms is
approximately $ 425-500 per month.
0 The most recent survey of homeless households indicates that 35% are
families with children. The mostfrequently mentioned barriers to
obtaining housing are lack offundsfor move -in costs andpoor credit
history.
a AmongJamilies who are currently housed but are at high risk of
homelessness 57% arefamilies with children.
0 Each month, an average of 5000 households access emergeneyfood
boxes in Central Oregon.
COCAANRESOURCE CAPACITY.
COCAAN currently has only enough resources to serve approximately
I in 5families that request emergency services. The largest numbers of
people unserved are low-income rentersfacing eviction.
COCAAN's Head Startprogram serves approximately 50% of eligible
children in Deschutes and Crook counties.
The availability of childcare in the region compares unfavorably to the
state as a whole. The state average is 20.2 slotsper 100 children; in
Crook County there are 13.3 per 100; Deschutes County 19.9 and
Jefferson county 19. 1.
CLIENT NEEDS SUR VEY RES UL TS.
5
• Unaffordable rental units and move -in costs
• Many apartments do not have washer -dryer hook-ups andlor rentals
are not energy efficient so bills are higher
• No ear insurance andlor unreliable vehicles
• No benefitsfrom jobs - lack health and dental insurance
• People use the emergency room because they cannot get into a doctor.
• More skilledpeople are competingfor minimum wagejobs - employers
market.
• Rural communities havefewer optionsfor buyingfood and the costs are
higher than larger communities, where thereis more competition.
• People buy lessfood to pay their rent and utilitiesfirst - then they go
withoutfood or buy less expensivefood that is often lacking in
nutrition. Many use supplementalfbodprograms.
• Difficult tofind quality affordable child care - often a reason one
parent does not work outside the home.
• Difficult to balance work, school, andfamily to gain more educationl
skill training to increase income.
• Language is a barrier to Spanish speakingpeople living in poverty
Exhibit
Page J?X__ oy�
COCAAN Today
History
From 1985 to date, COCAAN has been recognized by Oregon Housing and
Community Services Department (OHCSD) as a community action agency to
serve Crook, Deschutes and Jefferson counties. It is organized as a 501 (c) (3)
charitable corporation. A fifteen member volunteer board is responsible for
setting policy and direction for the organization. COCAAN employs about 100
persons. Its annual budget is $8.3 million. The chief operating officer is the
Executive Director. The agency's organizational structure consists of three de-
partments: Community Development, Community Services and Head Start. Its
service area encompasses all of Crook, Deschutes and Jefferson counties in a
region known as Central Oregon. The region is about the size of New Jersey
with a population of about 170,000. COCAAN maintains over 15 offices and
classroom sites in the communities of LaPine, Bend, Redmond, Sisters, Prine-
ville and Madras. It is the region's lead agency for homeless services, child
care resources, emergency food programs, home ownership, housing rehabilita-
tion, Head Start, and self-help programs for the working poor.
For the past 18 years, its community action programs have focused on building
successful families by helping them with their basic needs, affordable housing,
home ownership and training to increase life skills, work skills and financial
literacy. COCAAN does this while providing guidance and help with job
search, child care, and temporary rent assistance. The Head Start Program en-
riches the lives of young children and their families. Through home visits,
health and nutrition assistance, literacy programs, parenting classes and high-
quality child care, this successful program gets low-income children ready for
school and life.
Organizational Profile
Service Area: Central Oregon (Crook, Deschutes, and Jefferson Counties); an area
with a population of approximately 165,000 and one of the fastest growing regions in
Oregon and the Pacific Northwest.
Board ofDirectors.- 15 members consisting of one-third community representatives;
one-third local government representatives; and one-third low-income representatives
Personnel: 100 in 15 locations
Annual Budget: $8.3 million in 2004
Program Areas:
COCAAN has three program areas that assist the residents of Central Oregon
Community Services:
which includes food and nutrition programs, emergency services, shelter, transitional
housing, child care referral, and energy assistance.
Head Start:
an early childhood education for 3-5 year olds that stresses parent involvement pro-
vided in Deschutes and Crook Counties.
Housing and Community Development:
which includes affordable rental housing in Bend and Madras, home buyer education,
housing counseling, housing rehabilitation loans and operation of the Central Oregon
Homeownership Center.
1985
COCAANis
Founded
LIEAP,
Weatherization
& Food
1986
Emergency &
Homeless
Assistance
Central Oregon
Poverty Agenda
1990
Child Care
Resources
Exhibit
of
Page
1995
Healy Heights
Constructed &
Transitional Housing
Program
I VD1:1
Bend Aid
2002
HorneOwnership
Center
2004
Bend Family
Shelter
2003 - In Crook County COCAAN Helped:
0 2,059 individuals meet their energy needs
0 152 individuals with rental assistance to prevent
homelessness
0 Feed 8,671 individuals
PrimAle
0 45 homelessfamilies move into motel, housing,
shelter or transitional housing
0 66 children by providing comprehensive early
childhood education services through Head
Start
9 75 parents with information and referrals on
child care providers
0 7 individuals to purchase homes
0 17 individuals with rehabilitation and weatherization of their homes to reduce
their energy bills
0 Train 10 individuals through Financial Fitness classes
0 Train 30flrst time homebuyers through ABCs ofHome Buying classes
2003 - In Deschutes Countv COCAAN Helped:
0 8,012 individuals meet their energy needs
0 607 individuals with rental assistance to prevent homelessness
0 Feed 75,801 individuals
0 250 homelessfamily's move into motel,
housing, shelter or transitional housing
0 103 homeless children with tutoring
through the Homework Club
0 3 60 children by providing comprehen-
sive early childhood education services
through Head Start
* 781 parents wi information and refer-
rals on child careproviders
0 59 individuals to purchase homes
0 86 individuals with rehabilitation and weatherization of their homes to reduce
their energy bills
0 Train 50 individuals through Financial Fitness classes
0 Train 280first time homebuyers through ABCs ofHome Buying classes
2003 - In Jefferson County COCAAN Helped:
7
Exhilbit
Page
10 0 f
0
Vision and Mission
VISION
COCAAN's vision for thefuture is to participate, in a
leadership role, with public andprivate partners in
Crook, Deschutes and Jefferson Counties to build
inclusive, diverse, and caring communities. COCAAN
envisions a Central Oregon where residents, regardless of
their income status, have hope and optimism, and have
access to community resources that see them through
times of need
Customers
The COCAAN's vision includes building leadership skills and
assets among its clients in order that they can participate fully in the
civic life of the community. COCAAN's customers will have the
skills and knowledge to advocate on their own behalf and to
participate in making local and regional policies. Customers will
view COCAAN as an organization that is compassionate and
effective and an organization that promotes economic and political
justice.
Stakeholders
COCAAN will work with its partners and its customers to ensure
that coordinated services are available for those in need and that
basic emergency services are a point of access to skill and asset
building programs that lead to a better quality of life. COCAAN
will work in partnership with public and private organizations and
individuals to ensure that citizens have the resources they need to
change their lives, to provide for their families and to contribute to
the well being of future generations.
MISSION
Building Success ... Changing Lives
COCAAN is dedicated to empowering individuals and
families to succeed and become engaged citizens in the
community.
LIV.
Page I I Of
Philosophy
COCAAN's philosophy is that all citizens in the commu-
nity, regardless of their income, can contribute to the com-
munity. As a result, COCAAN takes a developmental and
asset -building approach in its work. COCAAN develops
programs that not only meet basic human needs for food
and shelter, but also enrich people's lives by providing
access to increased education, skills, and hope for the
future. COCAAN programs assist people to become more
independent and self-sufficient, recognizing there is a
continuum of support that all people need throughout their
life.
COCAAN helps people articulate their own goals for a
better quality of life, and works with them to develop a
plan to achieve those goals: better quality and affordable
housing, child care, literacy, job skills and employment.
COCAAN recognizes peoples' abilities to change for the
better. COCAAN empowers clients to succeed and become
engaged citizens in the community.
COCAAN strives to be creative and flexible in its approach
to its work, while maintaining high standards of excellence
and accountability to funders, clients and the public.
9
Exhibit 13
Page J2 of 28
Core Values
COCAAN is guided by the following core values
in its interactions with clients, the community,
and within the organization:
Respect:
0 COCAAN treats its clients, partners, and employees with respect
by recognizing that each person has strengths and the potential
to enrich not only his or her own life, but the life of the commu-
nity.
Compassion:
0 COCAAN works compassionately with its clients by under-
standing that all people, regardless of their income level, have
hope and goals for the future and often need support and encour-
agement from others to achieve those goals.
Leadership:
0 COCAAN values the guidance provided by the board of direc-
tors, staff, and partners.
0 COCAAN seeks to recognize and develop leadership skills
among its clients.
Partnership:
0 COCAAN values its partnerships and seeks to collaborate to
serve the best interests of the community.
0 COCAAN works to coordinate services with partners in the
community to ensure efficient and effective program delivery.
0 COCAAN responds to needs identified by the community.
Accountability:
0 COCAAN designs, monitors, and evaluates its program out-
comes to ensure that intended outcomes are achieved.
Excellence:
0 COCAAN strives to deliver the highest quality service for its cli-
ents, partners, and funders.
10
Chanciinci futures of the next
COCAAN Operating
Management Principles
PLACEHOLDER
Further Development by Board of Directors
Human Resources Operational
Principles:
• Our employees are valued assets of our organization
• Our employees are essential participants in the operation
and services of the organization with a shared responsi-
bility in fulfilling our mission.
• Our actions, policies, procedures and treatment of
employees reflect that the quality, motivation and per-
fort-nance of our employees are key factors in achieving
our success.
• We are committed to having employees maintain the
highest ethical and professional standards.
• We value excellence, innovation, creativity and continu-
ous learning and improvement.
• We value diversity and inclusiveness at all organiza-
tional levels.
• We value team work and employee participation in the
development of our services and service systems.
• We value honesty, openness and integrity in our interac-
tions at all levels of the organization and with our cus-
I I
tomers.
Exhibit f3
Page IL4 of 2C
'COCAAN's Human Resources
Policies and Practices Must be Built
on:
• Dedication to assisting every employee in reaching his
or her full potential in both performance and reward.
• Commitment to diversity, equal opportunity and fair
treatment.
• Promotion based on merit, and from within whenever
possible.
• Our organizational structure and culture must promote
employee involvement, open communication, teamwork
and cooperation.
• We must strive to be respectful to employee concerns,
responsive to their needs and committed to their success.
• We must strive to compensate our employees fairly and
equitably.
12
2004-2009
Strategic Plan
Introduction
We are at a major crossroads in our community - more and more families are
experiencing financial distress and family crisis. COCAAN, now entering its
19th year, is at a critical and exciting stage in its development. The Board of
Directors' decision in 2003, to prepare the organization to meet the needs of
Central Oregon's rapidly increasing population, the increased number and
complexity of its programs and funding sources, and the challenging needs of
its service population placed the agency at a crucial time to develop a strategic
plan for its future. The strategic planning process will affirm the values and
principles of the agency and the importance of its history, while planning ahead
for five years of growth.
I . Clearly define the purpose of the organization and establish realistic
goals and objectives consistent with that mission, in a defined time
frame, within the organization's capacity for implementation.
2. The design of the plan and document produced communicates those
goals and objectives to the organization's stakeholders.
3. Develop a sense of ownership of the plan for board and staff.
4. Ensure the most effective use is made of the organization's
resources by focusing them on the agency's goals and objectives.
5. Establish a baseline from which progress can be measured and es-
tablish a mechanism for informed change when needed.
Strategic Planning Outcomes and Goals
Outcome 1: Ninetypercent (90%) ofprocess stakeholderparticipants state
that by participating they believe they played an important role in shaping the
strategic direction of COCAAN and that their contribution was valued, as
measured by a survey within one month of completion.
Outcome 2: COCAAN has an annualplan design and staff have the skills to
use planning methodologies to complete and implement annual action plans to
achieve long range goals and strategies, as measured by Executive Director
signoffat the end of the engagement.
Outcome 3: At the end of the strategic planning process, COCAAN's long
rangefive to seven year vision and goals are defined and stakeholder partici-
pants are able to clearly articulate them, as measured by a survey to be com-
pleted within one month offinalplan completion.
13
Exhibit
Page _& — Of
0
Goals and Strategies
2004-2009
A. COMMUNITY GOAL:
TO BE A CATALYST FOR ACTION TO ENSURE THAT COMPRE-
HENSIVE SERVICES ARE LOCALLY AVAILABLE AND PUBLIC
POLICIES ARE IMPLEMENTED TO HELP PEOPLE MEET THEIR
BASIC NEEDS AND SUPPORT THEM IN BUILDING A SOLID FOUN-
DATION ON WHICH TO THRIVE.
LEADERSHIP AND ADVOCACY
Obiective 1: Provide leadership and advocacy for social and public policies
that support the organization's mission, vision and goals. Leadership and ad-
vocacy success is measured by accomplishing at least 80% of COCAAN's an
nual advocacy plan objectives.
Strategy 1. Establish a planning process that involves clients and commu-
nity members to determine priorities for advocacy efforts to support the or-
ganization's mission.
Strategy 2. Set annual advocacy objectives and evaluation cycles
Strategy 3. Increase participation by COCAAN representatives on policy
boards and committees. Inventory and analyze local and state policy
boards and committees that support advocacy objectives. Detennine ones
that COCAAN should be represented on and assign participation responsi-
bilities to staff and board.
Strategy 4. Request an annual work session with County Boards of Com-
missioners, City Councils and other appropriate public bodies to better un-
derstand local needs, report on COCAAN's activities and develop strong
ongoing partnerships.
Strategy 5. Encourage community participation and leadership in promot-
ing social and public policies that support the organization's mission, vision
and goals.
Strategy 6. Increase presentations to community and policy groups.
Measures of Success:
1. Determined by the development and execution of the advocacy
plan
2. Increasedpublic awareness of the needs of low-income persons
3. Increasedpublic awareness ofpolicies and resources that are
needed to ensure that people can meet basic needs and have the
skills to improve their lives
14
Providing Homeless Children
. with a Quality
After School Program
kJAMUIL I J
Page J_:? of 9'S
B. PROGRAM GOALS:
B1. TO CREATE A SOLID FOUNDATION OF SKILLS AND ASSETS
THAT PEOPLE NEED TO MEET BASIC NEEDS, PROVIDE FOR
THEIR FAMILY'S FUTURE AND BECOME ENGAGED CITIZENS.
Objective 2: Substantially increase COCAAN's impact on the community by
raising family or individual assets by one or more of the following factors:
Improved educational skills, achievement, and attainment including children's
readiness and future ability to learn.
Improved educational skills, achievement, and attainment including chil-
dren's readiness andfuture ability to learn
Measures:
Child outcome assessment
Adults self -reporting on goals and educational/skills achievement
2. Improved skills to increasefamily stability
Measure:
Number of clients who move from an at risk to stable or thriving
assessment (need measure on number of items when tool finished).
3. Increased savings assets underlor income leading to self -sustainability
I
now and in thefuture.
Actual increase in assets measured against goal
4. Increase in personal and community support systems
Measure:
15
Number of clients who move from an at risk to stable or thriving
assessment (need measure on number of items when tool is
finalized)
Measure ofSuccess:
1. By 2009, 1000 participants will annually participate in three or
more agency asset building programs and at least 750 will increase
or preserve assets as measured by:
Strategy 1. Deten-nine research based asset measurement tools and
establish a data tracking and evaluation system.
Strategy 2. Develop an agency asset service matrix and plan to link
clients to services for which they are eligible and that will assist them
to complete goals.
Strategy 3. Evaluate each service/program's ability to increase assets
and determine which will be using measurement tools.
Strategy 4. Train staff and pilot use of tools and tracking system.
Exh&t
Page IS of29-
Strategy 5. Implement agency wide use of tools and tracking system
and develop baseline data for success measures.
B2. TO ADAPT SERVICES AND DELIVERY SYSTEMS TO ADDRESS
CHANGING NEEDS, RESOURCES AND PUBLIC POLICY.
Obiective 3: All eligible customers in the three county area have access to a
full range of COCAAN's services as measured by:
• Customer perception
• Key informant interviews
• Community focus groups
Strategy 1. Develop service delivery system that facilitates intra -
agency communication, referrals, multiple points of access and service
integration. Assess staff capacity, training requirements, technology
and use of existing field offices as resource centers to increase access to
all COCAAN services.
Strategy 2. Ensure that existing COCAAN services in a community
are visible and accessible to all target populations.
Strategy 3. Increase services and enhance delivery systems through
partnerships with community groups; non -profits, churches, and
government entities.
Strategy 4. Assess establishing community advisory committees in
Crook, Deschutes and Jefferson Counties to better understand local
needs and resources in order to serve clients in a more comprehensive
and efficient manner.
Strategy 5. Develop a system using impact, cost and other evaluative
criteria for increasing or decreasing services in a geographic area or to a
target population.
Measures ofSuccess:
1. Increased service levels in currently underserved areas.
2. Increase in the number of eligible clients that are provided ac-
cess to service.
3. Participation by community members on local advisory commit-
tees.
4. Increase in bilingual staff
C. CORPORATE GOAL:
TO SUSTAIN AN EFFECTIVE, EFFICIENT, AND ADAPTABLE
ORGANIZATION THAT FULFILLS ITS MISSION, REFLECTS ITS
VALUES AND IS ACCOUNTABLE TO ITS CLIENTS AND
COMMUNITIES.
BOARD GOVERNANCE
Objective 4: Ensure the capacity of the board to responsibly govern, set poll -
16
Providing Health Services
and Nutrition Education to
Families
cies and guide the future of the organization by implementing an annual system
of self-assessment and board development plan. By 2009, ninety percent of
governance duties and responsibilities on the Board Source Self -Assessment
survey will be rated at satisfactory or higher.
Strategy 1. By December, 2004 implement the formation of effective
board committees for processing technical and detailed matters and making
recommendations to the Board. Committees will include Executive, Fi-
nance, Resource Development, Governance, and Program committees.
Strategy 2. Develop a system for ongoing recruitment, selection, orienta-
tion, and support for Board members by June of 2005.
Strategy 3. Complete Board Source Self -Assessment and set targets for
improvement by July 1, 2005.
Strategy 4. Establish a system to monitor organizational performance and
strategic plan implementation.
Strategy 5. Develop a system for recruiting non -Board members to serve
on Board committees (e.g. Resource Development, Program)
Strategy 6. Consider increasing the number of board members to 18 by
2009 based on Board Source Self -Assessment.
Strategy 7. Conduct an annual Review and evaluation of board
engagement and effectiveness measuring progress on Board Source Self -
Assessment targets.
Measures ofSuccess:
1. Board meetings are attended by 80% or more members
2. Meetingsfocused on policy and governance
3. Increased understanding of roles and responsibilities
4. Committee participation by non -Board members
FINANCIAL STABILITY AND RESOURCE DEVELOPMENT
Objective 5: COCAAN has the capacity to secure diverse financial and non-
financial resources to support its mission and goals by increasing total annual
revenues by five percent each year while assuring adequate reserves to sustain
services.
17
Strategy 1. By 2004, contract for an independent assessment of
COCAAN's resource development plan, including strategies, fundraising
targets, organizational capacity and donor cultivation.
Strategy 2. By 2005, develop a five year resource development plan that
establishes strategies, development targets and identifies roles of staff and
board.
Strategy 3. By 2005, secure resources to increase organization's capacity
Exhibit
Page.95 of 2S
to implement development targets.
Strategy 4. By 2006, complete assessment to identify potential fee for ser-
vice opportunities and the feasibility of implementing these services.
Strategy 5. Develop case statements and plans that link increased services
and new programs to resource development initiatives.
Strategy 6. Achieve 100% Board participation in annual contributions to
COCAAN.
Strategy 7. Increase of volunteers when appropriate to enhance capacity.
Measures ofSuccess:
1. Increased current and net assets
2. Increasedfundingfrom private sector
3. Increased participation by volunteers
ORGANIZATIONAL MANAGEMENT
Obiective 6: COCAAN's management systems including planning, program
design and evaluation, human resources, senior leadership, information tech-
nology, financial management, contract compliance and legal have the capacity
to support its goals and objectives as measured by:
• Ninety percent of staff and management self-assessment survey items will
be rated positive by 2009. A positive rating is defined as a response that
the organization always or usually meets the performance standard as stated
on the survey.
• External feedback (no late audits, fiscal reports, program reports; nofind-
ings of noncompliance; percentage of grants refunded; number of new
grants funded)
• Implementation of 90% of business systems assessment recommendations
by 2009.
Strategy 1. Contract for assessment of financial systems in order to
identify operational efficiencies in areas of personnel, cost allocation,
internal controls, accounts payables, payroll, loan tracking and other areas
recommended by CFO and Executive Director.
Strategy 2. Engage COCAAN staff from all levels of the organization in a
process to review and assess organizational effectiveness using
assessment tools approved by the board. Complete assessment and set im-
provement targets by June 30, 2005.
Strategy 3. Increase centralized personnel support services to improve
internal communications, use of agency procedures/systems, foster
development of internal staff capacity and attract highly skilled external
candidates.
Strategy 4. Exceed minimum standards of compliance by strengthening
grant/contract management reporting and oversight systems.
IN61
Strategy 5. Develop summary program descriptions for use by the Board
and staff to increase understanding of COCAAN's activities by 12/31/04.
Strategy 6. By 2006, develop an asset management plan and assign
responsibilities for the oversight of agency and affiliate owned properties.
Strategy 7. By 2007, develop comprehensive risk management and contin-
gency plans to protect the organization's assets.
Measures of Success:
1. Significant improvement on assessment(s) with annual targets
set by board and management
2. Ninety percent ofstaff and management setf-assessment survey
items ratedpositive by 2009
3. Externalfeedback (no late audits, fiscal reports, program
reports; nofindings of noncompliance; percentage ofgrants
refunded; number of new grantsfunded)
4. Implementation of 90% of business systems assessment
recommendations by 2009
VISIBILITY
Objective 7: Increase public knowledge of COCAAN's mission, goals, and
services to broaden support for its programs. Support is measured by annual
increases in donations, volunteers and positive feedback from surveys and fo-
cus groups.
19
Strategy 1. Develop a community relations plan to infon-n the general
public, supporters, and potential supporters of COCAAN's mission, impact,
and services.
Strategy 2. Build COCAAN's name recognition and association with its
various programs through consistent use of logos, signage, letterheads,
graphics, etc.
Strategy 3. Train and encourage staff and board members to serve as
COCAAN's ambassadors in the communities where they live.
Strategy 4. Develop summary program descriptions for use by the Board
and staff to increase understanding of COCAAN's activities and increase
their ability to function as ambassadors to the community.
Measures ofSuccess:
1. Increasedpublic awareness of COCAAN's services and
locations
2. Increased requestsfor volunteer opportunities with COCAAN
Strategy 5. Map gaps in agency asset services and identify external
resources and community partnerships to bridge gaps.
Strategy 6. Initiate and implement at resource development and
Exhibit -
Page 4,21 Of
partnerships to bridge gaps in asset services.
COMMUNITY DEVELOPMENT
Objective A: Improve the availability of safe, affordable housing to low and
moderate income households.
Strategy 1. Improve the quality of 150 units of housing per year.
Strategy 2. Assist 180 homeowners per year sustain homeownership.
Strategy 3. Increase assistance to first-time homebuyers by 15% in the
next two years and 10% in the following three years in order to assist
487 new homeowners over the five-year period.
Objective B: Implement fee -generating services to earn $45,000 in calendar
year 2004, and increase by 20% per year over the next four years to help with
sustaining the department.
Strategy 1. Provide the skills and capacity needed by other COCAAN
departments and other Central Oregon service providers to support their
real estate development and facilities projects.
Strategy 2. Increase COCAAN's advocacy efforts in the area of
affordable housing.
Ob8ective C: Establish objective, measurable evaluation criteria for
determining the feasibility of new programs, initiatives and fee generating
Services.
Objective D: Establish a Community Development Department resource
development plan by Winter 2004.
Objective E: Strengthen staff and Advisory Board capacity.
COMMUNITY SERVICES
Objective A: Improve food security for Central Oregonians through the
expansion of the existing emergency food system and increasing access to
mainstream food security resources.
Strategy 1. By 2005, increase the number of households receiving
hunger relief assistance as measured by:
* 5,000 households receiving food assistance.
0 1.3 million pounds of food distributed.
0 200 households participating in Brown Bag Program.
Objective B: By 2005, increase the number of low-income people becoming
more self-sufficient to three hundred and twenty as measured by:
Income Scales
Housing Scales
20
Providing our Youngest
Customers with Quality Care
Case Management Scales
Obiective C: Improve the conditions in low-income people's lives.
Strategy 1. By 2005, increase the number of households that have had
the conditions of their housing units improved by receiving furnace
repairs/replacements from LIEAP crisis payments to 7.
Strategy 2. By 2005, increase the number of weatherized houses to
148.
Strategy 3. By 2005, increase the number of collaborative community
initiatives to ten; such as community food security initiatives, farm -to -
school program, community gardens, food cooperatives or other
supplemental food programs that the agency assisted in increasing.
Strategy 4. By 2005, increase the number of partnerships achieved
with other public and private agencies, that are supporters and providers
of services to low-income people, to mobilize and leverage resources
that provide services to low-income people to 123.
Strategy 5. By 2005, serve 3750 households applying for assistance to
have energy shutoff prevented, as a result of Energy Unit Assistance.
Strategy 6. By 2005, serve 150 households applying for assistance to
have their terminated energy restored, as a result of Energy Unit
Assistance.
Central Oregon Housing Stabilization Program (COHSP)
Obiective D: To increase residential stability for participants of COHSP.
Strategy 1. Annually, seventy-five percent (75%) of participants will
obtain permanent housing.
Strategy 2. Annually, seventy-five percent (75%) of participants will
remain in permanent housing for one year.
Objective E: Increase skills and/or income of participants of COHSP.
Strategy 1. Seventy-five percent (75%) of participants who enter the
program with no employment will obtain at least part-time employment
within one year of program entry.
Strategy 2. Seventy-five percent (75%) of participants who enter the
program with part-time employment will obtain additional hours of
employment.
Child Care Resources
Obiective A: Increase the availability of quality child care supply by
21
Exhibit.
Page _,Zq_ of
developing and maintaining a comprehensive provider database through
recruitment and retention of child care providers.
Strategy 1. By 2004-2005, increase the number of enrolled child care
providers by geographic area as measured by:
25 new providers enrolled in database annually in Crook County
145 new providers enrolled in database annually in Deschutes County
35 new providers enrolled in database annually in Jefferson County
Strategy 2. Maintain a database with a minimum of 390 child care
providers
Objective B: Provide an adequate number of child care options that meet
family needs for special needs care, non-traditional hours, or infant/toddler
care, etc.
Strategy 1. By 2004-2005, increase the number of child care providers
who provide special needs care, care during non-traditional hours and
care for infants/toddlers as measured by:
160 providers who will provide care during non-traditional hours
275 providers who will provide care for infants and toddlers
75 providers who have the education, training and/or experience
necessary to care for special needs children
Objective C: Increase provider knowledge in required training areas by
educating parents, providers, employers and communities on health
development, safety and well-being of children in child care.
Strategy 1. By 2004-2005, increase the number of providers who will
attend sessions to 150.
Strategy 2. By 2004-2005, increase provider access to training or
22
professional development as measured by:
850 consultations to providers
2000 provider contacts
52 providers attend Infant/Toddler training:
146 providers attend Health, Safety & Nutrition training
86 providers attend Business training
52 providers attend Child Development training
EARLY CHILDHOOD DEVELOPMENT
Obiective A: Enhance program services through continuous quality
improvements and improved community collaborations.
Obiective B: Strengthen family development and support services.
Objective C: Improve the quality and ensure the continued availability of early
childhood facilities.
Obiective D: Implement an on-going staff development program.
Objective E: Utilize child outcome measures to increase the effectiveness of
program services and inform the community and stakeholders as to program
accomplishments.
Obiective F: Ensure that effective systems are in place in order that children
receive comprehensive health services.
Obiective G: Improve record keeping, reporting and monitoring systems.
Obiective H: Improve the quality of outdoor play areas.
Objective 1: Ensuring the program has a comprehensive approach for
supporting children and families in achieving social and emotional wellness,
school readiness and self-reliance.
23
Page 21
of
Central Oregon Community Action
Agency Network Board of Directors
Public Elected Officials
Bruce Abernethy
Bend City Councilor
Tom Dewolf
Deschutes County
Commissioner
Mike Mohan
Crook County Commissioner
Tom Moore
Central Oregon
Intergovernmental Council
Mary Zemke
Jefferson County
Commissioner
Community Representatives
President
Randy Johnson
Bestcare Treatment Services
Vice President
Karole Stockton
Crestview Cable
Communications
Gayle Rodgers
Confederated Tribes of
Warm Springs Tribal Social
Services
Ron Smith
Action Mortgage Company
Bob Turner
Slothower & Petersen, PC
Attorneys at Law
Low Income
Representatives
Secreta!y/ Treasurer
Linda Walker
Coalition on Housing &
Homelessness
Becky Arnold
Central Oregon
Transition Plus
Jim Cleveland
Head Start Representative
Trudy Held
Head Start Policy Council
Nancy's House - COCAAN's Family Shelter
Exhibit
Page E) of
Community
I*A tion
P A R T N E R S H I P
Helping People Cbonging Lives,
HEADSTART
Oregon Housing and
Community Services
Member Agency United
Way of Deschutes County
Page of
Introduction
This is a de novo hearing on the appeal of the Deschutes County Hearings Officer's
findings and decision on application nos. PA -01-1 and ZC-01-1.
The applicant has requested a Plan Amendment and Zone Change from Forest Use (F-
1) to Exclusive Farm Use — Tumalo/Redmond/Bend subzone (EFU-TRB). These
applications were previously considered by the Hearings Officer after a public hearing
held on July 10, 2001. Evidence and testimony were received at that hearing. The
Hearings Officer denied the applicant's requests. This hearing is being conducted in
accordance with the Notice of Withdrawal submitted to the Land Use Board of Appeals
on January 26, 2005, and acknowledged by LUBA by written notice dated January 31,
2005. The Board of County Commissioners has determined that this matter would be
called up for review and a hearing held on March 30, 2005.
Burden of proof and Applicable criteria
The applicant has the burden of proving that they are entitled to the land use approval
sought. The standards applicable to the applications are listed in the hand-out available
at the table next to the entrance to this hearing room.
Testimony and evidence at this hearing must be directed toward the criteria set forth in
the notice of this hearing, the staff report, as well as toward any other criteria in the
comprehensive land use plan of the County or land use regulations which any person
believes apply to this decision.
Failure on the part of any person to raise an issue, with sufficient specificity to afford the
Board of County Commissioners and parties to this proceeding an opportunity to
respond to the issue precludes, appeal to the Land Use Board of Appeals on that issue.
Additionally, failure of the applicant to raise constitutional or other issues relating to the
proposed conditions of approval with sufficient specificity to allow the Board to respond
to the issue precludes an action for damages in circuit court.
Hearings Procedure
The procedures applicable to this hearing provide that the Board of County
Commissioners will hear testimony, receive evidence and consider the testimony,
evidence and information submitted into the record on appeal, as well as that evidence
constituting the record before the Hearings Officer, and will be the basis for their
decision. The record as developed to this point is available for public review at this
hearing.
Order of Presentation
The hearing will be conducted in the following order. The staff will give a staff report of
the prior proceedings and the issues raised by the application on appeal. The applicant
will then have an opportunity to make a presentation and offer testimony and evidence.
Proponents of the appeal will then be given a chance to testify. When all other
proponents have testified, opponents will then be given a chance to testify and present
evidence. After both proponents and opponents have testified, the applicant will be
allowed to present rebuttal testimony, but may not present new evidence. At the Board's
Exhibit C
Page / of --2_
discretion, if the applicant presented new evidence on rebuttal, opponents may be
recognized for a rebuttal presentation. At the conclusion of this hearing, the staff will be
afforded an opportunity to make any closing comments. The Board may limit the time
period for presentations.
Cross-examination of witnesses will not be allowed. A witness who wishes, during that
witness' testimony, however, to ask a question of a previous witness may direct the
question to the Chair. If a person has already testified but wishes to ask a question of a
subsequent witness, that person may also direct the question to the Chair after all other
witnesses have testified, but prior to the proponent's rebuttal. The Chair is free to decide
whether or not to ask such questions of the witness.
Continuances: The grant of a continuance or record extension shall be at the discretion
of the Board.
If the Board grants a continuance, it shall continue the public hearing to a date certain at
least seven days from the date of this hearing or leave the written record open for at
least seven days for additional written evidence.
If at the conclusion of the hearing the Board leaves the record open for additional written
evidence or testimony, the record shall be left open for at least seven days for submittal
of new written evidence or testimony and at least seven additional days for response to
the evidence received while the record was held open. Written evidence or testimony
submitted during the period the record is held open shall be limited to evidence or
testimony that rebuts previously submitted evidence or testimony.
If the hearing is continued or the record left open, the applicant shall also be allowed at
least seven days after the record is closed to all other parties to submit final written
arguments but no new evidence in support of the application.
Pre -hearing Contacts, Biases, Conflicts of Interests
Do any of the Commissioners have any ex -parte contacts, prior hearing observations,
biases, or conflicts of interest to declare? If so, please state the nature and extent of
those.
Does any party wish to challenge any Commissioner based on ex -parte contacts, biases
or conflicts of interest?
(Hearing no challenges, I shall proceed.)
Exhibit C_
Page Z_ 0 f -Z_,
LIZ FANCRER, ArrOIRNEY
March 22, 2005
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY
1300 NW WALL STREET, SUITE 200
BEND, OREGON 97701
Re: PA -01-1, ZC-01-1, Tumalo Irrigation District Application to Change the Plan
Amendment and Zoning Designation of Property Designated Forest and Zoned F1
to Agriculture and EFU-TRB
My clients, Delbert and Barbara Hupp, own Tax Lot 200, Assessor's Map 16-11-16a part
of the 430 -acre parcel that is the subject property in PA -01-1 and ZC-01-1. They
purchased the property from Tumalo Irrigation District.
I am writing to express the Hupp's support for approval of PA-01-1/ZC-01-1. I am also
writing to ask that, if the application still includes my clients' property, that you approve
EFU-TRB zoning for their property as well as the 40 -acre tract identified in the County's
hearing notice. If the property has been withdrawn from the application, I would ask that
you provide my clients with some insight into the issues of the case in a way that will
enable them to decide whether it would be productive for them to seek a plan amendment
and zone change for their property.
The Hupp and TID properties are "agricultural land," as defined by Statewide Goal 3. It
is also high value farm land when irrigated.' The County's comprehensive plan requires
that "all lands meeting the definition of agricultural lands shall be zoned Exclusive Farm
Use, unless an exception to State goal 3 is obtained." No goal exception has been granted
so EFU zoning is required by the County's own plan.
As the Hupp and TID properties are agricultural land, the County is required by Goal 3
and DCC 23.40.010, Policy I to apply EFU zoning to the properties. The only exception
to this rule is that agricultural land that also meets the definition of forest land may be
zoned for either farm or forest use. OAR 660-006-0015(2); OAR 660-033-0030(4).
The Hupp and TID properties do not contain "forest land," as the terin is defined by
Statewide Goal 4 and the County's comprehensive plan. The properties, therefore, should
not have been zoned Fl rather than the EFU required by the County's comprehensive
plan. The Hearings Officer's decision found that the subject property could be
I A majority of the soils are high value soils when irrigated.
Exhibit—D—L—L
Page \ of �A
-2— March 29, 2005
"designated for either forest or farm use" but this was an error as the properties are simply
not "forest land."
The fact that the Hupp property is not forest land is clear as the County Assessor has
refused to allow the Hupps to qualify their property for forest tax deferral because it is not
forest land. The fact that a mistake was made by the County applied F1 zoning is also
supported by evidence obtained from the State Forester. State Forester Stuart Otto
reviewed the soil types on the Hupp property. Mr. Otto advised the Hupps that none of
soil types on their property have a woodland suitability rating and that he could not
recommend that they plant trees on the property. The soils are all farm soils that meet the
definition of agricultural land, as defined by Goal 3. The hearings officer's 2002 decision
shows that the soil types on the Hupp and TID 40 -acre property are also agricultural soils
that are high value soils when irrigated, not forest soils.
In this case, the County Assessor's actions and the State Forester's opinion make it clear
that the property is not forest land and that the property should not have been protected
under Goal 4. As a result, the zone change and plan amendment should be approved to
apply the correct EFU zoning and Agriculture plan designation to the Hupp and Tumalo
Irrigation District property.
Cc: chent
ZSincerel ,
7!� C-�
Liz Fancher
644 NW BROADWAY STREET BEND, OREGON - 97701
PHONE: 541-385-3067 FAX: 541-385-3076
—Exhibit - -C) — - - —
Page 2— of H
.Dept. of Land Conservation and Development -660-033 Page I of I
660-033-0030
Identifying Agricultural Land
(1) All land defined as "agricultural land" in OAR 660-033-0020(l) shall be inventoried as agricultural
land.
(2) When a jurisdiction determines the predominant soil capability classification of a lot or parcel it need
only look to the land within the lot or parcel being inventoried. However, whether land is "suitable for
farm use" requires an inquiry into factors beyond the mere identification of scientific soil classifications.
The factors are listed in the definition of agricultural land set forth at OAR 660-033-0020(l)(a)(B). This
inquiry requires the consideration of conditions existing outside the lot or parcel being inventoried. Even
if a lot or parcel is not predominantly Class I-IV soils or suitable for farm use, Goal 3 nonetheless
defines as agricultural "lands in other classes which are necessary to permit farm practices to be
undertaken on adjacent or nearby lands." A determination that a lot or parcel is not agricultural land
requires findings supported by substantial evidence that addresses each of the factors set forth in OAR
660-033-0020(l).
(3) Goal 3 attaches no significance to the ownership of a lot or parcel when determining whether it is
agricultural land. Nearby or adjacent land, regardless of ownership, shall be examined to the extent that
a lot or parcel is either "suitable for farm use" or "necessary to permit farm practices to be undertaken on
adjacent or nearby lands" outside the lot or parcel.
(4) When inventoried land satisfies the definition requirements of both agricultural land and forest land,
an exception is not required to show why one resource designation is chosen over another. The plan
need only document the factors that were used to select an agricultural, forest, agricultural/forest, or
other appropriate designation.
(5) Notwithstanding the definition of "farm use" in ORS 215.203(2)(a), profitability or gross farm
income shall not be considered in determining whether land is agricultural land or whether Goal 3,
"Agricultural Land," is applicable.
(6) More detailed data on soil capability than is contained in the U.S. Natural Resources Conservation
Service (NRCS) soil maps and soil surveys may be used to define agricultural land. However, the more
detailed soils data shall be related to the U.S. Natural Resources Conservation Service (NRCS) land
capability classification system.
http: Harcweb. sos. state. or.us/rul es/OARS-600/OAR--660/660-03 3. htrn] 312312005
Exhibit ID
Page —3 of 14
-Dept. of Land Conservation and Development -660-006 Page I of I
660-006-0015
Plan Designation Outside an Urban Growth Boundary
(1) Lands inventoried as forest lands must be designated in the comprehensive plan and implemented
with a zone which conserves forest lands consistent with OAR chapter 660, division 6, unless an
exception to Goal 4 is taken pursuant to ORS 197.732, the forest lands are marginal lands pursuant to
ORS 197.247 (1991 Edition), [or] the land is zoned with an Exclusive Farm Use Zone pursuant to ORS
Chapter 215 provided the zone qualifies for special assessment under ORS 308.370, or is an "abandoned
mill site" zoned for industrial use as provided for by Or Laws 2003, Ch 688, Section 3. In areas of
intermingled agricultural and forest lands, an agricultural/forest lands designation may also be
appropriate if it provides protection for forest lands consistent with the requirements of OAR chapter
660, division 6. The plan shall describe the zoning designation(s) applied to forest lands and its purpose
and shall contain criteria which clearly indicate where the zone(s) will be applied.
(2) When lands satisfy the definition requirements of both agricultural land and forest land, an exception
is not required to show why one resource designation is chosen over another. The plan need only
document the factors that were used to select an agricultural, forest, agricultural/forest, or other
appropriate designation.
http://arcweb.sos.state.or.us/rules/OARS-600/0AR-660/660-006.htmI
_3/23/200.5
Exhibit C)
Page L� of kA
1i;
SUMMARY OF PROPOSED REVISIONS TO DESCHUTES
COUNTY ROOM TAX ORDINANCE
Based upon recommendations of an external auditor and after receiving input from
representatives of the Central Oregon lodging industry, Deschutes County is proposing
certain revisions to the County's Transient Room Tax Ordinance (Deschutes County
Code Chapter 4).The intent of the proposed changes is to try to create a system of
assessment and collection of transient room taxes that is as fair and equitable as possible
and which creates a tax system that is easier to administer. The proposed changes are
summarized below.
Section Proposed Chang
4.08.015 Notices Clarifies how notices may be given (personal
delivery or first class mail) and when a notice is
deemed delivered.
4.08.042 Definition — Destination Resort
Adds a definition for "Destination Resort"
4.08.045 Definition — Hotel
"Destination Resort" means any Hotel which
includes on the grounds of the Hotel three or more
of the following outdoor recreation facilities that are
available to Hotel occupants with or without
additional charge: Bike paths, walking trails,
running trails or horse trails at least two miles in
length, horseback riding facilities, one or more golf
courses, tennis courts, skating facilities and one or
more swimming pools.
Clarifies that vacation homes, vacation rental
homes, campgrounds and R.V. parks are included in
the definition of "Hotel."
4.08.062 Definition — Recreation Fee
Adds a definition for "Recreation Fees"
Page I of 5 — Summary of Proposed Revisions to Deschutes County Room Tax
Ordinance
Exhibit
Page of
"Recreation Fee" means a fee charged, assessed or
allocated by a Hotel to a Hotel occupant or
occupants for use of Destination Resort recreation
facilities, whether the Hotel charging the Recreation
Fee is a Destination Resort or has a contract or
agreement for use of the recreation facilities of a
Destination Resort.
4.08.065 Definition — Clarifies that "rent", for purposes of assessing room
Rent tax, includes all charges for occupying a room,
which are not optional for the hotel guest with a
limited exception for "Recreation Fees" as defined
in the ordinance. Any charges other than charges
for providing a room which are optional to the guest
may be excluded from "rent" for assessment of
room tax. It will be up to the hotel operator to
decide whether to include charges such as cleaning
fees or facilities use fees as part of the mandatory
(non -optional) charge for the room or to give the
guest an option to rent the room without paying
those fees. If those charges are not optional to the
guest, however, they are to be included in "rent" for
calculating Deschutes County room tax. This
includes, but is not limited to, fess for cleaning and
maid serve if those fees are not optional. Also
clarifies that Deschutes County room tax is not
imposed on taxes or assessments of other
governmental entities (such as state room tax).
Finally, clarifies that "comp" rooms are not subject
to assessment of room tax.
The text of the new proposed definition of "Rent"
is:
"Rent" means the full consideration charged, (does
not include Complimentary rooms) whether or not
received by the Operator, for the occupancy of
space in a Hotel valued in money or in goods, labor,
credits, property or other consideration valued in
money, without any deduction. Except as otherwise
provided in this section, rent includes all fees,
charges and assessments (including, but not limited
to, cleaning fees) charged, assessed or allocated by
Operator for the occupancy of space in a Hotel, the
payment for which is not optional to the person
Page 2 of 5 — Summary of Proposed Revisions to Deschutes County Room Tax
Ordinance __ Exhi -it
Page of 4
occupying space in the Hotel. Rent does not
include:
1. Any taxes, fees or assessments levied by any
other governmental entity;
2. The sale of any goods, services or
commodities which are separate and
independent from occupancy of a room or
space in the Hotel;
3. Any fees, charges or assessments, other than
the furnishing of a room or accommodations
in a Hotel or a parking space in a mobile
home, RV or trailer park, the payment for
which is optional to the person occupying
the room or rooms in a hotel or parking in a
space in a mobile home, RV or trailer park;
or
4. Recreation Fees charged, assessed or
allocated by a Hotel Operator as of January
1, 2005. If any Operator intends to increase
the amount the Operator charges, assesses or
allocates for Recreation Fees, the Operator
must notify the Board of such intended
change at least three (3) months prior to
implementation of the intended change.
Example 1: A hotel operator charges $ 100 for a
room and the rate includes cable TV, cleaning and
maid service and a continental breakfast. If the
guest does not have the option of renting the room
at a lower rate that does not include these amenities
and services, the full $100 is subject to assessment
of room tax. However, if the operator chooses to
make these amenities and services available at an
additional charge which is optional to the guest e.g.
room charge is $80 and the guest has the option to
pay an extra $ 10 for breakfast and $ 10 for cable
T.V. - then only $80 is subject to assessment of
room tax.
Exqmple 2: A hotel operator charges $ 100 for a
room. The hotel either has "Destination Resort"
recreation facilities on the premises of the hotel or
Page 3 of 5 - Summary of Proposed Revisions to Deschutes County Room Tax
Ordinance
Exhibit E,
Page -,5— Of
. 1p
guests of the hotel, by agreement between the hotel
and a "Destination Resort," can use the recreation
facilitates," of the "Destination Resort." The
amount allocated by the Hotel Operator as a
"Recreation Fee" for use of the "Destination
Resort" recreation facilities, as of January 1, 2005,
does not need to be included in "Rent" for
assessment of Deschutes County Room Tax. If the
allocated amount for the Recreation Fee is $ 10, only
$90 is subject to Room Tax.
4.08.070 Definition — For hotels that offer "package" plans (e.g. room
Rent Package Plan plus golf for a package rate), clarifies that Hotel
Operators may exclude from rent an amount
allocated by Operator as the Operator's reasonable
cost for providing food, activity or activities as part
of a Rent Package Plan.
The text of the proposed definition of "Rent
Package Plan" is:
"Rent Package Plan" means the full consideration
charged, whether or not received by the Operator,
for Rent plus food and/or activities where a single
rate is charged for the combination of Rent, food
and/or activities. For purposes of determining
Deschutes County transient room tax for a Rent
Package Plan, the Operator may exclude from Rent
an amount allocated by Operator as the Operator's
reasonable cost of providing the food, activity or
activities as part of the Rent Package Plan.
Example 1: A hotel offers a package of a room plus
two rounds of golf for $150. The Operator allocates
$50 as Operator's reasonable cost of providing the
two rounds of golf. Only $100 is subject to Room
Tax.
Example 2: A Hotel includes, at no extra charge, a
continental breakfast with the $ 100 rate charge for a
room. The full $ 100 is subject to room tax.
4.08.085 Definition — Clarifies that the owner of a hotel or private
Transient residence used as a hotel is not considered a
Page 4 of 5 — Summary of Proposed Revisions to Deschutes County Room Tax
Ordinance
Exhibit
Page Of
EXHIBIT A
Chapter 4.08. TRANSIENT ROOM
4.08.210. Penalties and interest -Petition for
TAX
waiver.
4.08.220. Deficiency determination.
4.08.010.
Short title.
4.08.230. Fraud -Refusal to collect -Evasion.
4.08.015
Notices.
4.08.240. Operator delay.
4.08.020.
Definitions.
4.08.250. Redeterminations.
4.08.025.
Definition -Accrual accounting.
4.08.260. Security for collection of tax.
4.08.030.
Definition -Board.
4.08.270. Lien.
4.08.035.
Definition -Cash accounting.
4.08.280. Refunds.
4.08.040.
Definition -County.
4.08.290. Transient room tax fund.
4.08.042.
Definition -Destination
4.08.300. Recordkeeping.
Resort..08.045.
4.08.310. Examination of records.
Definition-Hotel.4.08.050.
4.08.320. Administration -Confidentiality.
Definition -Occupancy.
4.08.330. Appeals.
4.08.055.
Definition -Operator.
4.08.340. Unlawful acts -Penalty.
4.08.060.
Definition -Person.
4.08.062.
Definition -Recreation Fee.
4.08.065.
Definition -Rent.
4.08.010. Short title.
4.08.070.
Definition -Rent package plan.
DCC 4.08 shall be known as the Deschutes
4.08.074.
Definition -Site.
County Transient room Tax ordinance.
4.08.075.
Definition -Tax.
(Ord. 203-3 § 1, 1975)
4.08.080.
Definition -Tax Administrator.
4.08.085.
Definition -Transient.
4.08.015 Notices.
4.08.090.
Tax Imposed.4.08.100.
All notices required or permitted to be given
Applicability.
under DCC 4.08 may be served personally or
4.08.110.
Operator -Collection Amount.
by first class mail, postage prepaid, to the
4.08.120.
Operator -Collection Procedure;
recipient of the notice. If notice is mailed to an
Operator Fee.
Operator, it will be addressed to the Operator
4.08.125.
Personal liability.
at the Operator's address as the address
4.08.127.
Penalties -Noncompliance with
appears in the record of the Tax
advertising requirements.
Administrator. Operator is required to
4.08.130.
Exemptions.
provide Tax Administrator with Operator's
4.08.140.
Operator -Registration -Form and
current address and to provide Tax
contents -Execution -Certificate of
Administrator with any change of Operator's
authority.
address. If notice is Personally served, it is
4.08.145.
Operator -Advertising of Hotel
deemed served at the time of delivery. If notice
Rentals -Identification required.
is served by mail, it is deemed served (3) days
4.08.150.
Returns and payments -Date due.
after the date the notice is deposited for
4.08.160.
Penalties and
mailing with the United States Postal Service.
interest -Delinquency.
(Ord. 2004-005 § 1, 2004).
4.08.170.
Penalties and interest -Continued
delinquency.
4.08.020. Definitions.
4.08.180.
Penalties and interest -Fraud.
For the purposes of DCC 4.08, unless otherwise
4.08.190.
Penalties and interest -Assessment
apparent from the context, certain words and
of interest.
phrases used in DCC 4.08 are defined as set forth
4.08.200.
Penalties and interest -Penalties
in DCC 4.08.025- through DCC 4.08.085.
merged with Tax.
EXHMIT A
TO ORDINANCE 2005- 1((_/2005)
J:\Documents and Setfings\CherylC\Local Settings\Temporary Internet Files\OLK5CD\Exhibit A to Ordinance 2004
005 - Chapter 4.08 -7-2004.doc
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Exhibit F
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EXHIBIT A
(Ord. 2004-005 § L 2004; Ord. 2001-016 § 2,
2001; Ord. 95-029 § 1, 1995; Ord. 203-3 § 2,
1975)
4.08.025. Definition -Accrual accounting.
"Accrual accounting" means the Operator enters
the Rent due from a Transient on his records
when Rent is earned whether or not it is paid.
(Ord. 203 -3 § 2, 1975)
4.08.030. Definition -Board.
"Board" means the Deschutes County Board of
County Commissioners.
(Ord. 2004-005 § 1, 2004; Ord. 203-3 § 2, 1975)
4.08.035. Definition -Cash accounting.
"Cash accounting" means the Operator does not
enter the Rent due from a Transient on his records
until Rent is paid.
(Ord. 2004-005 § 1. 2004; Ord. 203 -3 § 2, 1975)
4.08.040. Definition -County.
"County" means Deschutes County and is limited
to the unincorporated area of the County.
(Ord. 203-3 § 2, 1975)
4.08.042 Definition — Destination Resort
"Destination Resort" means any Hotel which
includes on the site of the Hotel three or more of
the following outdoor recreation facilities that are
public or private dormitory, fraternity, sorority,
public or private club, mobile home, R.V. or
trailer park, campgrounds private home, or
similar structure or portions thereof so occupied.
(Ord. 2004-005 § 1, 2004; Ord. 93-049 § 1,
1993; Ord. 203-3 § 2,
1975)4.08.050.
Definition -Occupancy and
Occupying.
"Occupancy" and "Occupying" mean the use or
possession, or the right to the use or possession,
for lodging or sleeping purposes, of any room or
rooms in a Hotel, or space in a mobile home or
trailer park or portion thereof
(Ord. 2004-005 § L 2004; Ord. 203-3 § 2, 1975)
4.08.055. Definition -Operator.
"Operator" means the Person who is proprietor of
the Hotel in any capacity. Where the Operator
performs his functions through a managing agent
of any type or character other than an employee,
the managing agent shall also be deemed an
Operator for the purposes of DCC 4.08 and shall
have the same duties and liabilities as his
principal. Compliance with the provisions of
DCC 4.08 by either the principal or the managing
agent shall be considered to be compliance by
both.
(Ord. 2004-005 § 1, 2004: Ord. 203-3 § 2, 1975)
available to Hotel occupants with or without
4.08.060. Definition -Person.
additional charge: Bike paths, walking trails,
"Person" means any individual, firm, partnership,
running trails or horse trails at least two miles in
joint venture, association, social club, fraternal
length, horseback riding facilities, one or more
organization, fraternity, sorority, public or private
golf courses, tennis courts, skating facilities and
dormitory, joit stock company, corporation,
one or more swimming pools.
estate, trust, business trust, receiver, trustee,
(Ord. 2005-00 § 1, 2005)
syndicate or any other group or combination
4.08.045. Definition -Hotel.
acting as a unit.
"Hotel" means any structure or space, or any
(Ord. 203-3 § 2, 1975)
portion of any structure or space which is
occupied or intended or designed for Transient
4.08.062 Definition — Recreation Fee
Occupancy for 30 days or less, for dwelling,
"Recreation Fee" means a f."ee charged, assessed
lodging or sleeping purposes, and includes, but is
or allocated by a Hotel to a Hotel occupant or
not limited to any Hotel, inn, tourist home, tourist
occupants for use of Destination Resort
accommodation, condominium, motel, studio
recreation facilities, whether the Hotel charging
Hotel, hostel, bachelor Hotel, lodging house, bed
the Recreation Fee is a Destination Resort or has
and breakfast, rooming house, apartment house,
a contract or agreement with a Destination Resort
EXHIBIT A TO ORDINANCE 2005- 2( (_
/2005)
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EXHIBIT A
for use by the Hotel's guests of the recreation
facilities of the Destination Resort.(Ord. No. 200-
00 § I � 2005)
PersonRentTaxPerson
4.08.065. Definition – Rent
"Rent" means the full consideration charged,
whether or not received by the Operator, for the
Occupancy of space in a Hotel valued in money
or in goods, labor, credits, property or other
consideration valued in money, without any
deduction. Except as otherwise provided in this
section, Rent includes all fees, charges and
assessments (including but not limited to,
cleaning fees or fees for maid service) charged,
assessed or allocated by Operator for the
Occupancy of space in a Hotel, the payment for
which is not optional to the Person occupying
space in the Hotel. Rent does not include:
1. Any taxes, fees or assessments levied
by any other governmental entity;
2. The sale of any goods, services or
commodities which are separate and
independent from occupancy of a room
or space in the Hotel;
3. Any fees, charges or assessments, other
than the furnishing of a room or
accommodations in a Hotel or a parking
space in a mobile home, R.V. or trailer
park, the payment for which is optional
to the Person occupying the room or
rooms in a Hotel or parking in a space in
a mobile home, R.V. or trailer park; or
4. Recreation Fees charged, assessed or
allocated by a Hotel Operator as of
January 1, 2005. If any Operator intends
to increase the amount the Operator
charges, assesses or allocates for
Recreation Fees, the Operator must
notify the Board of such intended change
at least three (3) months prior to
implementation of the intended change.
(Ord. 2004-005 § t, 2004; Ord. 203-3 § 2, 1975)
4RentRentRentRentTransientTaxRentRentTransi
entTax
4.08.070 – Definition – Rent Package Plan
"Rent Package Plan" means the full consideration
charged, whether or not received by the Operator,
for Rent plus food and/or activities where a single
rate is charged for the combination of Rent, food
and/or activities. For purposes of determining
Deschutes County Transient room Tax for a Rent
Package Plan, the Operator may exclude from
Rent an amount allocated by Operator as the
Operator's reasonable cost for providing an
activity or activities (but not food) as part of the
Rent Package Plan.
(Ord. 2005-00 § 1, 2005; Ord. 2003-003 § 2,
1975)
4.08.074. Definition -Site.
"Site" means an individual Hotel, as defined in
DCC 4.08, for which there is a separate real
property tax account or accounts. An individual
site may include more than one unit of separately
rentable accommodations.
(Ord. 97-073 § 2, 1997)
4.08.075. Definition -Tax.
"Tax" means either the tax payable by the
Transient, or the aggregate amount of taxes due
from an Operator during the period for which the
Operator is required to report collections for the
Operator's Hotel.
(Ord. 2004-005 § L 2004; Ord. 203 -3 § 2, 1975)
TaxRent
4.08.080. Definition -Tax Administrator.
"Tax Administrator" means the County Finance
Officer.
(Ord. 97-013 § 1, 1997; Ord. 203-3 § 2, 1975)
4.08.085. Definition -Transient or Occupant.
"Transient" or "Occupant" means any individual,
except the owner of a Hotel or private residence
used as a Hotel, who exercises Occupancy or is
entitled to Occupancy in a Hotel for a period of
30 consecutive calendar days or less, counting
portions of calendar days as full days. The day a
Transient checks out of the Hotel shall not be
included in determining the 30 -day period if the
EXHIBIT A TO ORDINANCE 2005- 3((—/2005)
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Transient is not charged Rent for that day by the
Operator. Any such individual so occupying
space in a Hotel shall be deemed to be a Transient
until the period of 30 days has expired unless
there is an agreement in writing between the
Operator and the occupant providmig for a longer
period of Occupancy. An owner of a Hotel, an
owner of a private residence used as a Hotel, or a
Person who pays for lodging on a monthly basis,
regardless of the number of days in such month,
shall not be deemed a Transient for purposes of
the Deschutes County Transient Room Tax
Ordinance.
(Ord. 2004-005 § 1, 2004; Ord. 203-3 § 2,1975)
4.08.090. Tax Imposed.
For the privilege of Occupancy in any Hotel, on
and after the effective date of the ordinance
codified in DCC 4.08, each Transient shall pay a
Tax in the amount of seven percent (7%) of the
Rent for Occupancy of space in a Hotel. The Tax
constitutes a debt owed by the Transient to the
County which is extinguished only by payment to
the Operator as agent for the County. The
Transient shall pay the Tax to the Operator of the
Hotel at the time the Rent is paid. The Operator
shall enter the Tax on Operator's records when
Rent is collected if the Operator keeps records on
the Cash accounting basis and when earned if the
Operator keeps records on the Accrual accounting
basis. If Rent is paid in installments, a
proportionate share of the Tax shall be paid by
the Transient to the Operator with each
installment. If, for any reason, the Tax due is not
paid to the Operator of the Hotel, the Tax
Administrator may require that such Tax shall be
paid directly to the County.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1,
1995; Res. 87-053 adopted by the
people 11/3/87; Ord. passed
3/11/80: Ord. 203-3 § 3,
1975)4.08.100. Applicability.
The Tax imposed by this ordinance shall apply
only to those Hotels located within the
unincorporated area of the County.
(Ord. 95 -029 § 1, 1995; Ord. 203 -3 § 4, 1975)
4.08.110. Operator -Collection Amount.
A. Every Operator Renting rooms in the County,
the Occupancy of which is not exempted
under the terms of DCC 4.08, shall collect a
Tax from the Transient occupying the room.
The Tax collected or accrued by the Operator
constitutes property of the County in the
possession of the Operator, held in trust by
such Operator until conveyed to the County
in accordance with the provisions of DCC
4.08.
B. In all cases of credit or deferred payment of
Rent, the payment of Tax to the Operator
may be deferred until the Rent is paid, and
the Operator shall not be liable for the Tax
until credits are paid or deferred payments are
made.
(Ord. 2004-005 § 1. 2004; Ord. 97-073 § 1, 1997;
Ord. 95-029 § 1, 1995; Ord. 203-3 § 5, 1975)
4.08.120. Operator -Collection Procedure;
Operator Fee.
A. Each Operator shall collect the Tax imposed
by DCC 4.08 at the same time as the Rent is
collected from every Transient.
B. The amount charged by an Operator for
Deschutes County Transient Room Tax shall
be separately stated on all records of Operator
and on all invoices and receipts rendered by
Operator and shall be specifically identified
on all Operator records, invoices and receipts
as "Deschutes County Room Tax." The
amounts listed by an Operator on the
Operator's records, invoices and receipts as
"Deschutes County Room Tax" shall not
include any other taxes, fees, charges or
assessments.
C. No Operator of a Hotel shall advertise that
the Tax or any part of the Tax will be
assumed or absorbed by the Operator, or that
it will not be added to the Rent, or that, when
added, any part will be refunded, except in
the manner provided by DCC 4.08.
D. Each Operator may retain, as a collection
reimbursement charge, up to five percent
EXHIBIT A TO ORDINANCE 2005- 4((—/2005)
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EXH1131T A
(5%) of all Deschutes County Transient
Room Tax revenues collected by Operator.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 6, 1975)
4.08.125. Personal liability.
Each Person who uses, expends, diverts any Tax
held in trust, or withholds or authorizes or directs
such use, expenditure, diversion, or withholding,
shall be Personally liable to the County for all
Taxes so used, expended, diverted, or withheld,
plus all penalties and interest accrued or imposed
as a result of such action.
(Ord. 97-073 § 2, 1997)
4.08.127. Penalties -Noncompliance with
advertising requirements.
It is a violation for any Operator who places or
causes to appear through any medium an
advertisement soliciting reservations or Rental
availability for any location if such advertisement
does not include the certificate of authority
number as prescribed in DCC 4.08.140. No
Operator shall fail or refuse to furnish
information related to the advertising of any
location upon request of the Tax Administrator.
Violation of any provisions of DCC 4.08.127 is a
Class A Violation.
(Ord. 2004-005 § 1, 2004; Ord. 97-073 § 2, 1997)
4.08.130. Exemptions.
No Tax imposed under DCC 4.08 shall be
imposed upon:
A. Any occupant for more than 30 successive
calendar
B. Any occupant whose Rent is of a value less
than $4.00 per day;
C. Any occupant whose Rent is paid for a
hospital room or to a medical clinic,
convalescent home or home for aged people.
D. The United States Government when a
federal employee is on federal government
business and the lodging for the employee is
directly paid for by the government or
employee with a goverriment-issued check,
credit card, purchase order or other form of
procurement document.
E. Any Federally Chartered organization when
an organization employee is on organization
business and the lodging for the employee is
directly paid for by the organization or
employee with an organization -issued check,
credit card, purchase order or other form of
procurement document.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1,
1995; Ord. 93-049 adopted by the
people 11/9/93; Ord. 93-020 § 1,
1993; Ord. 203-3 § 7,1975)
4.08.140. Operator -Registration -Form and
contents -Execution -Certificate of
Authority.
A. Every Person engaging or about to engage in
business as an Operator of a Hotel in the
County shall register within 15 calendar days
after commencing business with the Tax
Administrator on a form provided by the Tax
Administrator. The privilege of registration
after the date of imposition of such Tax shall
not relieve any Person from the obligation of
payment or collection of Tax regardless of
registration.
B. Registrants shall provide the following
information: (1) the name under which an
Operator transacts or intends to transact
business; (2) the office address of his place or
places of business; (3) a residence address, if
no business address exists; (4) the address of
each site operated or to be operated by
registrant which is subject to DCC 4.08; and
(5) and such other information to facilitate
the collection of the Tax as the Tax
Administrator may require. The registration
form shall provide for submission of the
information required by DCC 4.08.140, shall
set forth in full the requirements imposed by
DCC 4.08 regulating an Operator's
advertisement of Hotel accommodations, and
shall be signed by the Operator.
EXHIBIT A TO ORDINANCE 2005- 5((—/2005)
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C. The Tax Administrator shall, within ten (10)
days after registration, issue without charge
from the occupant, together with a duplicate
thereof for each additional place of business
for each registrant, a certificate of authority.
Certificates shall be nonassignable and
nontransferable and shall be surrendered
immediately to the Tax Administrator upon
the cessation of business at the location
named or upon its sale or transfer. Each
certificate and duplicate shall state the place
of business to which it is applicable and shall
be prominently displayed therein so as to be
seen and come to the notice readily of all
occupants and Persons seeking Occupancy.
D. The certificate shall, among other things,
state the following:
I . The name of the Operator;
2. The physical address of the Hotel;
3. The date upon which the certificate was
issued;
4. The Deschutes County Certificate of
Authority (DCCA) number, as assigned
by the Tax Administrator; and
5. This Transient Occupancy Registration
Certificate signifies that the Person
named on the face hereof has fulfilled the
requirements of the Transient Room Tax
Ordinance of the County of Deschutes by
registration with the Tax Administrator
for the purpose of collecting from
Transients the room Tax imposed by said
County and remitting said Tax to the Tax
Administrator.
(Ord. 2004-005 § 1, 2004; Ord. 97-073 § 1, 1997;
Ord. 95-029 § 1, 1995; Ord. 203-3 § 8, 1975)
4.08.145. Operator -Advertising of Hotel
Rentals -Identification required.
Every Operator, in placing advertisements
soliciting business for any location represented by
that Operator, must include the certificate of
authority (DCCA) number. For purposes of DCC
4.08, advertisement includes any print, electronic,
or audio media, including, but not limited to,
advertisements appeaning in newspapers,
magazines, newsletters, flyers, internet sites, or
any other advertising medium, regardless of
origin, distribution method, or distribution
location of such medium. Such identification
shall appear as "DCCA #" followed by the
certificate number assigned by the Tax
Administrator for that location, shall appear in a
readable size and font, if applicable, and shall be
placed in such location that it is readily noticed as
a part of the advertisement. This advertising
requirement does not apply to Operators whose
certificate of authority is assigned to only one
physical location, and that location provides six
or more rooms or individual units available for
Transient Occupancy.
(Ord. 97-073 § 2, 1997)
4.08.150. Returns and payments -Date due.
A. TaxTransient(-)peratoi-RentTaxOperitor The
Tax imposed by DCC 4.08 shall be paid by
the Transient to the Operator at the time that
Rent is paid. All amounts Of Such Taxes
collected by an Operator. or for which the
Tax Is otilerwise owed by Operator to
County, are due and payable to the Tax
Administrator on a monthly basis by no later
than the 15th day of the month following the
month in which the Tax is collected by the
Operator Or is other -wise owed by Operator to
County, and are delinquent if not paid to the
Tax Administrator by not later than the last
day of the month in which such Taxes are
due and payable to the Tax Administrator.
B. On or before the 15th day of the month
following each month of collection, every
Operator liable for payment of Tax shall file
a return for the preceding month's Tax
collections with the Tax Administrator. The
return shall be filed in such format or on such
forms as the Tax Adrm*nistrator may
prescribe.
C. Returns shall show the amount of Tax
collected or otherwise due for the related
period by site. The Tax Administrator may
EXHIBIT A TO ORDINANCE 2005- 6((—/2005)
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EXH1131T A
require returns to show any or all of the
following:
1. The sites for which Rental 'income was
collected during the month, listed by
address and the number of separately
Rentable units per site;
2. Gross receipts of Operator for such
period;
3. The total Rentals upon which Tax was
collected or otherwise due;
4. An explanation in detail of any
discrepancy between such amounts; and
5. Any new units added from the previous
months or any units deleted from the
previous months; and
6. The amount of Rents exempt, if any.
D. The Person required to file the return shall
deliver the retumTaxto the Tax Administrator
at the office of the Tax Administrator, either
by Personal delivery or by mail. If the return
is mailed, the postmark shall be considered
the date of delivery for determining
delinquencies.
For good cause, the Tax Administrator may
extend the time for making any return or
payment of Tax for a period not to exceed one
monthTax. No ftirther extension shall be granted,
except by the Board. Any Operator to whom an
extension is granted shall pay interest at the rate
of one percent (1%) per month on the amount of
Tax due without proration for a fraction of a
month. If a return is not filed, and the Tax and
interest due is not paid by the end of the extension
granted, then the interest shall become a part of
the Tax for computation of penalties described
elsewhere in DCC 4.08.
(Ord. 2004-005 § L, 2004, Ord. 97-073 § 1, 1997;
Ord. 95-029 § 1, 1995; Ord. 203-3 § 9,1975)
4.08.160. Penalties and
interest -Delinquency.
Any Operator who has not been granted an
extension of time for remittance of Tax due and
who fails to remit any Tax imposed by DCC 4.08
prior to delinquency shall pay a penalty of ten
percent (10%) of the amount of the Tax due in
addition to the amount of the Tax.
(Ord. 2004-005 § 1, 2004); Ord. 95-029 § 1,
1995; Ord. 203-3 § 10(l), 1975)
4.08.170. Penalties and interest -Continued
delinquency.
Any Operator who has not been granted an
extension of time for remittance of Tax due, and
who falls to pay any delinquent remittance on or
before thirty (30) days following the date on
which the remittance first became delinquent
shall pay a second delinquency penalty of fifteen
percent (15%) of the amount of the Tax due plus
the amount of the Tax and the ten percent (10%)
penalty first imposed.
(Ord. 2004-005 § 1., 2004: Ord. 95-029 § 1, 1995;
Ord. 203 -3 § 10(2), 1975)
4.08.180. Penalties and interest -Fraud.
If the Tax Administrator determines that the
nonpayment of any remittance due under DCC
4.08 is due to fraud or intent to evade the
provisions thereof, a penalty of twenty-five
percent (25%) of the amount of the Tax shall be
added thereto 'in addition to the penalties stated in
DCC 4.08.160 and DCC 4.08.170.
(Ord. 2004-005 § I � 2004, Ord. 95-029 § 1, 1995;
Ord. 203-3 § 10(3), 1975)
4.08.190. Penalties and interest -Assessment
of interest.
In addition to the penalties imposed, any Operator
who fails to remit the Tax imposed by DCC 4.08
shall pay interest at the rate of one-half of one
percent per month, or fraction thereof, without
proration for portions of a month, on the amount
of the Tax due, exclusive of penalties, from the
date on which the remittance first became
delinquent until paid.
(Ord. 2004-005 § L, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 10(4),1975)
4.08.200. Penalties and interest -Penalties
merged with Tax.
Every penalty imposed and such interest as
accrues under the provisions of DCC 4.08.200
EXHIBIT A TO ORDINANCE 2005- 7((--/2005)
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shall be merged with and become a part of the
Tax required to be paid pursuant to DCC 4.08.
(Ord. 2004-005 § 1, 2004); Ord. 95-029 § 1,
1995; Ord. 203-3 § 10(5), 1975)
4.08.210. Penalties and interest -Petition for
waiver.
Any Operator who fails to remit the Tax levied in
DCC 4.08 within the time stated in DCC 4.08
shall pay the penalties stated in DCC 4.08;
provided, however, the Operator may petition for
waiver or refund of any penalty, or any portion
thereof. If the total penalty due does not exceed
$10,000, any petition for waiver or refund of
penalties shall be directed to and determined by
the Tax Administrator. If the total penalty due
exceeds $10,000, any petition for waiver or
refund of penalties shall be directed to and
determined by the Board. Upon receipt of a
petition for waiver or reftind of penalties as set
forth herein, the Tax Administrator or Board may,
if a good and sufficient reason is shown, waive
or direct a refund of the penalty or any portion
thereof.
(Ord. 2002-022 § 1, 2002; Ord. 95-029 § 1,
1995; Ord. 203-3 § 10(6), 1975)
4.08.220. Deficiency determination.
If the Tax Administrator determines that any
return is incorrect, the Tax Administrator may
compute and determine the amount required to be
paid upon the basis of the facts contained in the
return or upon the basis of any information within
the possession of or available to the Tax
Administrator. One or more deficiency
determinations may be made on the amount due
for one, or more than one period, and the amount
so determined shall be due and payable
immediately upon service of notice as provided in
DCC 4.08 after which the amount determined is
delinquent. Penalties on deficiencies shall be
applied as set forth in DCC 4.08.160 through
DCC 4.08.210.
A. In making a determination, the Tax
Administrator may offset overpayments if
any, which may have been previously made
for a period or periods, against any
underpayment for a subsequent period or
periods, or against penalties and interest on
the underpayments. The interest on
underpayments shall be computed in the
manner set forth in DCC 4.08.160 through
DCC 4.08.210.
B. The Tax Administrator shall give to the
Operator or occupant a written notice of the
determination made by the Tax
Administrator. The notice may be served
Personally or by mail; if by mail, the notice
shall be addressed to the Operator at the
Operator's address as it appears in the records
of the Tax Administrator. In case of service
by mail of any notice required by DCC 4.08
the service is complete at the time of deposit
in the United States Post Office.
C. Except in the case of fraud or intent to evade
DCC 4.08 or authorized rules and
regulations, every deficiency determination
shall be made and notice thereof mailed
within three years after the last day of the
month following the close of the month for
which the amount is proposed to be
determined or within three years after the
return is filed, whichever period expires later.
D. Any determination shall become due and
payable immediately upon receipt of notice
and shall become final within ten (10) days
after the Tax Administrator has given notice
thereof, provided, however, the Operator may
petition for redemption and refund if the
petition is filed before the determination
becomes final as provided for in DCC 4.08.
(Ord. 2004-005 § L, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 11(l), 1975)
4.08.230. Fraud -Refusal to collect -Evasion.
If any Operator shall fail or refuse to collect Tax
the correct room Tax set forth in DCC 4.08 or to
make, within the time provided in DCC 4.08 any
report and remittance of such Tax or any portion
thereof required by DCC 4.08, or makes a
fraudulent return or otherwise willfully attempts
EXHIBIT A TO ORDINANCE 2005- — 8((—/2005)
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EXH1131T A
to evade DCC 4.08, the Tax Administrator shall
proceed in such manner as the Tax Administrator
may deem best to obtain facts and information on
which to base an estimate of the Tax due. As
soon as the Tax Administrator has determined the
Tax due that is imposed by DCC 4.08 from any
Operator who has failed or refused to collect the
same and to report and remit such Tax, the Tax
Administrator shall proceed to determine and
assess against such Operator the Tax, interest and
penalties provided for by DCC 4.08. In case such
determination is made, the Tax Administrator
shall give a notice in the manner aforesaid of the
amount so assessed. Such determination and
notice shall be made and mailed within three
years after discovery by the Tax Administrator of
any fraud, intent to evade or failure or refusal to
collect such Tax, or failure to file return. Any
amount of Tax, interest, and penalties which the
Tax Administrator determines are owed shall
become due and payable immediately upon
service of notice by the Tax Administrator of the
amount of deficiency. The determination shall
become final within ten (10) days after service of
notice of the amount owed. The Operator may
petition for redemption and refund if the petition
is filed with the Tax Administrator before the
determination becomes final as provided in this
section. The failure or refusal of an Operator to
collect or remit any Tax or Taxes required Linder
DCC 4.08 is a Class A Violation.
(Ord. 2004-005 § L 2004, Ord. 95-029 § 1, 1995;
Ord. 203-3 § 11(2), 1975)
4.08.240. Operator delay.
If the Tax Administrator believes that the
collection of any Tax or any amount of Tax
required to be collected and paid to the County
will be jeopardized by delay, or if any
determination will be jeopardized by delay, the
Tax Administrator shall make a determination of
the Tax or amount of Tax required to be
collected, notmig the determination. The amount
so detennined as provided in DCC 4.08 shall be
immediately due and payable, and the Operator
shall immediately pay same determination to the
Tax Administrator after service of notice thereof,
The Operator may file a petition, after payment
has been made, for redemption and refund of all
or a portion of any amount paid if the petition is
filed within ten (10) days from the date of service
of notice by the Tax Administrator.
(Ord. 2004-005 § 1. 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 11(3), 1975)
4.08.250. Redeterminations.
A. Any Person against whom a determination is
made under DCC 4.08.220, 4.08.230 and
4.08.240 or any Person directly interested
may petition for a redetermination and
redemption and refund within the time
required in DCC 4.08.220, 4.08.230 and
4.08.240. If a petition for redetermination
and refund is not filed within the time
required in DCC 4.08.220, 4.08.230 and
4.08.240, the determination becomes final at
the expiration of the time allowed to submit a
petition.
B. If a petition for redetermination and refimd is
filed within the allowable period, the Tax
Administrator shall reconsider the
determination, and if the Person has so
requested in the petition, shall grant the
Person an oral hearing and shall given the
Person ten (10) days written notice of the
time and place of the hearing. The Tax
Administrator may continue the hearing from
time to time as may be necessary.
C. The Tax Administrator may decrease or
increase the amount of the determination as a
result of the hearing and, if an increase is
determined, such increase shall be payable
immediately after the hearing.
D. The decision of the Tax Administrator upon a
petition for redetermination of redemption
and refund becomes final ten (10) days after
service upon the petitioner of notice thereof,
unless appeal of such order or a decision is
filed with the Board within ten (10) days after
service of such notice.
EXHIBIT A TO ORDINANCE 2005- — 9((—/2005)
J:\Documents and Settings\CherylC\Local Settings\Temporary Intemet Files\OLK5CD\Exhibit A to Ordinance 2004-
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EXHIBIT A
E. No petition for redetermination of
redemption and refund or appeal therefrom
shall be effective for any purpose unless the
Operator has first complied with the payment
provisions of DCC 4.08.
(Ord. 2004-005 § I � 2004: Ord. 95-029 § 1, 1995;
Ord. 203 -3 § 12, 1975)
4.08.260. Security for coRection of Tax.
A. The Tax Administrator, after delinquency and
when the Tax Administrator, in the Tax
Administrator's sole discretion, deems it
necessary to insure compliance with DCC
4.08, may require any Operator to deposit
with the Tax Administrator such security in
the form of cash, bond or other security as the
Tax Administrator deems appropriate. The
amount of the security shall be fixed by the
Tax Administrator but shall not be greater
than twice the Operator's estimated average
monthly liability for the period for which the
Operator files returns, determined in such
manner as the Tax Administrator deems
proper, or $5,000.00, whichever amount is
less. The amount of the security may be
increased or decreased by the Tax
Administrator subject to the limitations
provided in DCC 4.08.
B. At any time within three years after any Tax
or any amount of Tax required to be collected
becomes due and payable or at any time
within three years after any determination
becomes final, the Tax Administrator may
bring an action in any court of the State of
Oregon, or of the United States, in the name
of the County to collect the amount
delinquent together with penalties and
interest.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 13, 1975)
4.08.270. Lien.
A. The Tax imposed by DCC 4.08 together with
the interest and penalties provided in DCC
4.08 and the filing fees paid to the County
Clerk and advertising costs which may be
incurred when the same becomes delinquent
as set forth in DCC 4.08 shall be and, until
paid, remain a lien from the date of the
recording with the County Clerk a notice of
lien, which shall be superior to all subsequent
recorded liens on all tangible Personal
property used in the Hotel of an Operator and
may be foreclosed on and sold as may be
necessary to discharge such lien, if the lien
has been recorded. Notice of lien may be
issued by the Tax Administrator, or a deputy
of the Tax Administrator, whenever the
Operator is in default in the payment of such
Tax, interest, and penalty and shall be
recorded, and a copy sent to the delinquent
Operator. The Personal property subject to
such lien seized by any deputy or employee
of the Tax Administrator may be sold by the
department seizing the same at public auction
after ten (10) days' notice which shall mean
one publication in a newspaper of general
circulation within the County.
B. Any lien for Taxes as shown on the records
of the proper County official shall, upon the
payment of all Taxes, penalties and interest
thereon, be released by the Tax Administrator
when the full amount determined to be due
has been paid to the County and the Operator
or Person making such payment shall receive
a receipt therefore stating that the full amount
of Taxes, penalties and interest thereon have
been paid and that the lien is thereby released
and the record of lien is satisfied.
(Ord. 2004-005 § 1. 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 14, 1975)
4.08.280. Refunds.
A. Operator's Reftirids. Whenever the amount of
any Tax, penalty or interest has been paid
more than once or has been erroneously or
illegally collected or received by the Tax
administrator under DCC 4.08, such amount
may be refunded, provided a verified claim in
writing therefore, stating the specific reason
upon which the claim is founded, is filed with
the Tax Administrator within three years
EXHIBIT A TO ORDINANCE 2005- 10((/2005)
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EXHIBIT A
from the date of payment. The claim shall be
made on forms provided by the Tax
Administrator. If the claim is approved by
the Tax Administrator, the excess amount
collected or paid may be refimded or may be
credited against any amounts then due and
payable from the Operator from whom it was
collected or by whom paid and the balance
may be refunded to the Operator or the
Operator's administrator, executor or
assignee.
B. Transient Refunds. Whenever the Tax
required by DCC 4.08 has been collected by
the Operator, and deposited by the Operator
with the Tax Administrator, and it is later
determined that the Tax was erroneously or
illegally collected or received by the Tax
Administrator, it may be refunded by the Tax
Administrator to the Transient, provided a
verified claim in writing therefore, stating the
specific reason on which the claim is
founded, is filed with the Tax Administrator
within three years from the date of payment.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 15, 1975)
4.08.290. Transient room Tax fund.
The Tax Administrator shall place all moneys
received pursuant to DCC 4.08 in the Transient
room Tax fund.
(Ord. 95-029 § 1, 1995; Ord. 203-3 § 16(l),
1975)
4.08.300. Recordkeeping.
OperatorEvery Operator shall, on a current and
ongoing basis, keep guest records, accounting
books, records of room sales records of room Tax
collected and remitted to the County and a record
of all Operator fees retained by Operator pursuant
to DCC 4.08.120.D. All records shall be retained
by the Operator for a minimum period of three
years and six months after the record is
created.(Ord. 2004-005 § 1, 2004; Ord. 95-029 §
1, 1995; Ord. 203-3 § 16(2), 1975)
4.08.310. Examination of records.
The Tax Administrator, or any Person authorized
in writing by the Tax Administrator, may
examine, during regular business hours, the
books, papers and accounting records relating to
room sales of any Operator after notification to
the Operator liable for the Tax and may
investigate the business of the Operator in order
to verify the accuracy of any return made, or if no
return is made by the Operator, to ascertain and
detern-iine the amount required to be paid.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 16(3), 1975)
4.08.320. Administration -Confidentiality.
It is unlawful for the Tax Administrator, or any
Person having an administrative or clerical duty
under the provisions of DCC 4.08 to make known
in any manner whatever the business affairs,
operations or infori-nation. obtained by an
investigation of records and equipment of any
Person required to obtain a Transient Occupancy
registration certificate or pay a Transient
Occupancy Tax, or any other Person visited or
examined in the discharge of official duty, or the
amount of source of income, profits, losses,
expenditures or any particular thereof, set forth in
any statement or application, or to permit any
statement or application, or copy of either, or any
book containing any abstract or particulars
thereof to be seen or examined by any Person;
provided, that nothing 'in DCC 4.08.320 shall be
construed to prevent:
A. The disclosure to, or the examination of
records and equipment by another County
official, employee or agent for collection of
Taxes for the sole purpose of administering
or enforcing any provision of DCC 4.08; or
collecting Taxes imposed under DCC 4.08.
B. The disclosure after the filing of a written
request to that effect, to the Taxpayer
himself, receivers, trustees, executors,
administrators, assignees and guarantors, if
directly interested, of information as to any
paid Tax, any unpaid Tax or amount of Tax
EXHIBIT A TO ORDINANCE 2005- 11((_/2005)
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Exhibit
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EXHIBIT A
required to be collected or interest and audit by or on behalf of the Tax Administrator or
penalties; provided ftirther, that the district to render a false or fraudulent return. No Person
attorney approves each such disclosure and required to make, render, sign or verify any report
that the Tax Administrator may refuse to shall make any false or fraudulent report, with
make any disclosure referred to in DCC intent to defeat or evade the detennination of any
4.08.320 when in the opinion of the Tax amount due required by DCC 4.08. Violation of
Administrator, the public interest would any provision of DCC Chapter 4.08 is a Class A
suffer thereby. Violation.
C. The disclosure of the names and addresses of (Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1, 1995;
any Persons to whom Transient Occupancy Ord. 83-013 § 1, 1983; Ord. 203-3 § 19,1975)
registration certificates have been issued.
D. The disclosure of general statistics regarding
Taxes collected or business done in the
County.
E. With respect to delinquent Transient room
Taxes, the disclosure of information required
in accordance with Oregon Revised Statute
192.502(17), or any amendment of said
statute.
(Ord. 2004-005 § 1, 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 16(4), 1975)
4.08.330. Appeals.
Any Person aggrieved by any provisions of the
Tax Administrator may appeal to the Board by
filing a notice of appeal with the Tax
Administrator within twenty (20) days of the Tax
Administrator's decision. The Tax Administrator
shall transmit such notice of appeal, together with
the file of such appealed matter to the Board who
shall fix a time and place for hearing such appeal.
The Board shall give the appellant not less than
ten (10) days written notice of the time and place
of hearing of such appealed matter.
(Ord. 2004-005 § I t 2004; Ord. 95-029 § 1, 1995;
Ord. 203-3 § 17, 1975)
4.08.340. Unlawful acts -Penalty.
It is a violation for any Operator, or other Person
so required, to fall or refuse to register as required
in DCC 4.08, to fall or refuse to furnish any
return required to be made, to fall or refuse to
furnish a supplemental return or other data
records or information required by the Tax
Administrator, to fail or refuse to submit to an
EXHIBIT A TO ORDINANCE 2005- 12((/2005)
J:\Documents and Settings\CherylC\Local Settings\Temporary Internet Files\OLK5CD\Exhibit A to Ordinance 2004-
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Exhibit
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MEMORANDUM
DATE: March 30,2005
TO: Deschutes County Board of Commissioners
FROM: Joe Stutler, Deschutes County Forester
RE: Badlands Wilderness Recommendation
Since the public hearing on the Badlands Wilderness issue, significant events have
occurred; these events must be understood and considered while making a
recommendation on the Badlands Wilderness designation. These significant events
include:
1. After the public hearing, 1572 written comments with a majority (over 75%) in
favor of wilderness designation for the Badlands.
2. Release of a Land Management Plan update from the Bureau of Land
Management which essentially proposes two actions: First, manage the Badlands
as a wilderness study area and second, close the Badlands to all motorized travel.
3. After the release of the proposed action by BLM, there were no formal appeals,
protests or law suits filed to change the outcome of Badlands Wilderness
suitability. This is a significant land management action in that regardless of
a recommendation from the BOCC and/or legislation from Congress the
Badlands will be managed essentially as wilderness.
4. Oregon Natural Desert Association (ONDA) has revised the original proposal in
attempts to reach common ground on wilderness designation for the Badlands;
consequently the proposal from ONDA essentially matches the wilderness
boundary proposal from the BLM. This is significant because the area
removed from consideration is where the most area of conflict would exist
between off-road and wilderness user groups.
Discussion:
It is unique that a County governing board would give a specific recommendation for or
against wilderness designation on public lands. Typically support or comments for land
use designations occur during land management planning activities, and Deschutes
County did provide written comment to the update but no mention of wilderness
designation was included in the official comments. In the case of Badlands,
Congressional action will be required for any formal designation of wilderness. Because
of the outcome of the Land Management Plan for the public lands administered by BLM,
any recommendation by the Deschutes County Board of Commission will have no effect
on how the lands will be managed.
Exhibit. (2?
Page 1 0 f
Additionally, approximately 2/3 d of the proposed land area in the Badlands is inside
Deschutes County. The other 1/3 d is inside Crook County. Crook County has not
formally declared support or opposition for wilderness designation for the Badlands.
Since the initial discussions of Badlands wilderness, considerable staff and Board of
Commissioner time has been dedicated to this issue. Given all the information the
Deschutes County Board of Commissioners have the following recommendation options:
I . No Action.
2. Support BLM/ONDA Wilderness proposal.
3. Support non -wilderness designation.
4. Support BLM Wilderness proposal but recommend that Route 8 be left
open through the interior of the Badlands which would provide an
additional 8.5 miles of public access to the Wilderness area.
Ultimately, the United States Congress will decide.
Isl Joseph E. Stutler
Joseph E. Stutler
Deschutes County Forester
Exhibit
Page _�2- of
Decision on Badlands Wilderness Designation
Deschutes County Commissioner
Michael M. Daly
March 30,2005
First let me say that this is the most controversial subject I have had to
deal with since I have been a County Commissioner.
The Proponents and Opponents of Wilderness Designation have both
lobbied me a lot to try to convince me that their side has the most
convincing argument. The Oregon Natural Desert Association feel very
strongly about wanting to preserve a piece of Central Oregon for the
future by shutting off access for all but a very few people who have the
health and ability to put a pack on their back and walk many miles in a
day.
The ATV groups who use public lands to ride motorcycles,
snowmobiles, bicycles and other forms of transportation other than
walking are equally as passionate about not shutting off public lands to
certain user groups while other types of user groups are allowed to use
the land. They call this discrimination.
There is another group that has also chimed in on this issue. The
elderly and disabled folks have sent letters, e-mails, and made telephone
calls to me personally. Some are in favor and some are against a
Wilderness Designation.
The ONDA group claims to have a clear majority of the letters sent to
us favoring Wilderness Designation, however the Off Road Vehicle
group recently dropped off a petition with 6000 signatures from citizens
primarily from Central Oregon who were against closing public land to
the public. The statement at the top of the petition stated; "YES, I
WANT PUBLIC LAND TO REMAIN OPEN TO THE PUBLIC. IT IS
IMPORTANT TO ME THAT THE YOUNG, OLD, HANDICAPPED
AND THOSE CHOOSING A FORM OF TRAVEL THAT INCLUDES
MOTORIZED RECREATION BE ALLOWED TO ACCESS PUBLIC
LAND.99
Exhibit
Page of
A good friend of mine who is a rancher and has cattle next to the
proposed badlands would like to see it closed for entirely different
reasons. The public accessing these lands sometimes destroy his fences
and let his cattle out.
Our most famous citizen, Rachael Sedoris, who is handicapped wrote a
letter stating in substance that she grew up in the middle of the
badlands and has trained sled dogs on her four -wheeler in the badlands
since she was in the forth grade. She agrees that we should all work to
preserve the badlands by forcing the Off Road Vehicle groups to use
designated routes and ways, but she is very much against calling the
badlands a Wilderness and does not support such a designation.
I received another letter from a lady who has ridden her horse in the
badlands for over 20 years. She has many favorite places she likes to
ride but without having a centralized road to drive part way before
unloading, she would be unable to reach those areas. The idea of
leaving the central road open appealed to her.
I believe a compromise can be reached here which would benefit all
sides of this issue. Maybe we don't open up the central road all the way,
and only go part way past the center. That would solve the cattleman's
issues. The seniors and disabled could drive part way in and maybe be
able to walk to the areas where the old Indian writings are on
designated trails that would accommodate a wheel chair. Designated
parking areas could be established half way through the area to
accommodate the lady who would like to trailer her horses in part way
before unloading.
There are too many people on both sides of this issue to have a clear
mandate. I represent all the people of Deschutes County not just one
group or another. Without an agreement or a compromise on leaving at
least a portion of the Central Road open, I will NOT support a
Wilderness designation for the badlands.
My understanding is that the BLM is going to close off this area to the
public regardless of the outcome of our decision. They would be well
advised to take notice of Oregon's Measure 37 which is an example of
what happens when government starts placing too many restrictions on
a majority of the peoples rights to use the land.
Exhibit
Page .01- Of
Deschutes County
1300 NW Wall Street, Ste. 200 Bend, OR 97701-1960
Phone (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
For Immediate Release March 30,2005
For further information, contact Tom DeWolf. (541) 388-6567
DeWolf Position on Wilderness Designation for Badlands
Tom DeWolf, Chair, Deschutes County Commission
March 30,2005
The debate surrounding the potential Wilderness Designation for the Badlands area east
of Bend has been spirited and it has been useful, I believe in that it has brought the issue of
public lands to the forefront of peoples' minds. We've received a great deal of thoughtful
testimony from people on all sides of this issue before, during and after the public hearing we
held in this room on January 3 1.
I believe there are circumstances which warrant strong protection of our natural
resources. Unfortunately, like the comic strip character Pogo said a long time ago, "We have met
the enemy and he is us." It is we, the people, who sometimes love special places to death. It is
usually a veryfew careless people who ruin places for the vast majority of people who treat our
natural resources with respect and care.
I love riding snow mobiles. Though I no longer own one, I used to enjoy off-road
motorcycle riding in my younger, more adventurous days. My daughter and son-in-law are still
young and adventurous and enjoy four -wheeling and motorcycle riding. My two -and -a -half-year
old grandson has a battery-operated four -wheeler that he rams into trees and fences and the
house because he hasn't figured out the steering part yet.
I believe without reservation the Badlands should receive the protections afforded by
Wilderness Designation. ONDA's willingness to compromise by essentially supporting the
boundaries outlined by BLM in the Wilderness Study Area is a large concession and make a big
difference in this debate. This removes the conflicts over the closing of currently usable off-
highway -vehicle trails.
Commissioner Daly has proposed supporting Wilderness Designation as long as
vehicular access is maintained by keeping Route 8 open. This is a terrible option and is opposed
by all sides. For those opposing Wilderness designation, having a single access road does not
answer their opposition to closing public lands to off -highway -vehicle access. For those
supporting Wilderness, having vehicular access through the area defeats the purpose and exposes
this area to continued abuse by the negligent few who act irresponsibly.
Exhibit__:C
Page __J_ of
I have toured this area and have come to my conclusion that this area deserves protection
from personal observation. I've seen the volcanic rock formations, the fragile ecosystem and
trees that are hundreds of years old that have been damaged. I drove along Route 8 and then
walked a short distance from the road to a small, open cave where pictographs were known to
exist What I witnessed is that some idiot had probably driven his pickup nearby, parked it
overnight and camped here, building a fire under the overhang and destroyed through smoke
damage the pictograph on the rock above. I am certain this was not an off -highway -vehicle
enthusiast who opposed wilderness designation, nor was it anyone who supports designation. I
believe in my heart it was just some irresponsible fool who didn't know any better or simply
didn't care. This is the person from whom we must protect this fragile and special place.
Wilderness designation will not close off access. It will require people to get out of their
cars or off their motorcycles and walk. And there will be some people who will not be able to get
there. I understand that. There are also people who cannot climb Broken Top or the Three
Sisters. That is a fact of life for some. Another fact of life is that in our rapidly growing
community there are fewer and fewer opportunities for residents and visitors of Central Oregon
to enjoy places of solitude that will not be interrupted by the noise and exhaust of vehicles. These
are important places for our community as well. The Badlands is a very special place and it
deserves our protection.
That said, I am one of three Commissioners and I must have two votes in order to prevail.
It is clear that I do not have two votes. I hoped that in the course of this thorough process, at least
one of my colleagues would join me in recommending Wilderness Designation. Commissioner
Luke does not support wilderness designation and I respect his right to disagree with me, even
when he's wrong ;0). Commissioner Daly has concocted an unacceptable solution that satisfies
no one. In addition to ONDA's and off -highway -vehicle user groups' opposition, BLM opposes
it. And I oppose it. Though I respect my colleague's attempt to find a middle ground,
Commissioner Daly's proposal would literally cut the baby in half. I will not do that.
I believe the Badlands will receive Wilderness Designation some day. Unfortunately, I
now concede that it is not going to happen soon, at least not with the support of the Deschutes
County Commission with its current members and points of view. Though we will not endorse
Wilderness Designation today, I do want to reaffirm my personal support for the Upper
Deschutes Resource Management Plan, which Commissioners Daly, Luke and I signed onto on
behalf of Deschutes County as 'cooperators' on July 23, 2003. This big picture overview of how
BLM will manage approximately 400,000 acres in Central Oregon embraces the principle of
multiple use. Of these 400,000 acres, the Badlands represents less than 8%. In our rapidly
growing region, we must look at multiple uses of publicly owned lands with broad vision.
Providing every use, on every acre is not reasonable. It is not possible. And it is not acceptable.
Since two votes do not exist to do what I believe is the right thing, I will reluctantly vote
in favor of Deschutes County taking no position regarding the Wilderness Designation of the
Badlands.
Exhibit, 17 -
of
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