2005-1297-Minutes for Meeting July 13,2005 Recorded 11/14/2005MINUTES OF WORK SESSION — COUNTY FORESTER
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 139 2005
Commissioners' Conference Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Tom De Wolf, Michael M. Daly and Dennis R. Luke.
Also present were Mike Maier, County Administrator and Joe Studer, County
Forester. No representatives of the media or other citizens were present.
No agenda was available. The meeting began at 9:00 a.m.
Discussion took place regarding a proposed vacant lot and unprotected lands
ordinance. The Board asked for a first draft of the ordinance, and requested that a
public hearing be scheduled for September, with possible adoption in January 2006.
No formal action was taken by the Board.
Being no further items discussed, the meeting ended at 9:40 a.m.
DATED this 13th Day of July 2005 for the Deschutes County Board of
Commissioners.
ATTEST:
T
Recording Secretary
Tom DeWolf, Chair
Mi del M. Daly, ommissioner
Dennis R. Luke, Commissioner
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2005-1291
CLERKS 4J 2005'1297
11/14/2005 04:24:45 PM
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Vacant Lot and Unprotected Lands Ordinance
Work Session
July 13, 2005
0900
On June 8th at the BOCC/Forester monthly meeting I was given two charges
by the BOCC:
1. Complete a financial impact of implementing such an ordinance in
Deschutes County;
2. Wordsmith the language and clearly articulate the consequences of
violation of such an ordinance.
Expectations today:
1. Review the data/staff work on financial impacts, and the mitigation
offered to address those impacts.
2. Review the verbiage changes and the proposed consequences of
violation.
3. Clear expectations of the BOCC of next steps and time schedule.
Financial Impacts for Deschutes County:
1. Deschutes County owns 514 lots that range from 1/2 acre to 1235
acres for a total of 9,957 acres.
2. Cost of treatment will be:
a. Lodgepole/Ponderosa Pine -1226 acres @ $250/acre =
$306,500 assuming maximum utilization of the wood; 1226
acres @ $500/acres = $613 ,000 if wood isnot utilized.
b. Juniper -6239 acres@ $250 acre = $1,559,750 assuming
maximum utilization of the wood; 6239 acres @ $500/acre =
$3,119,500 if wood is not utilized.
c. Others (sage, brush, grass and "urban") -2060 acres @
$40/acre (mowing) _ $825400.
d. Best case scenario = $1,866,250; worst case scenario =
$3,814, 900 for treatment only. Program management and
contract administration costs will bring the potential financial
impacts to approximately $2,000,000 for the best case and
$4,000,000 for the worst case.
3. Compliance Costs for Deschutes County is estimated to be an
additional $100,000/year for code enforcement IF a strict "game
warden" strategy were implemented.
4. Costs of "doing nothing:"
a. Currently Deschutes County has at least 67 vacant lots in the
"high density extreme" or "extreme" rating areas currently
protected by ODE As per SB -360 if we fail to clean up county
property and a wildland fire starts on that property and burns
off to someone else's property, Deschutes County is liable for
up to $100,000 for each occurrence.
b. Currently if a large wildland fire burns across Deschutes
County property and destroys homes, structures and other
improvements we have potential tort claim liability and the
costs of defending Deschutes County interest in court. Total
fiscal liability unknown but will be an ongoing concern.
c. Currently there are 144,000 acres of "unprotected lands" in
Deschutes County that by default is the responsibility of the
County for fire suppression costs. Future wildland fires in the
WUI where unprotected lands are burned or threatened may
result in Deschutes County sharing the suppression costs with
both federal and state agencies. Along the western perimeter of
Bend and Redmond there are significant sections of unprotected
lands which could cost as much as $2 million/day to protect in a
WUI wildland fire.
d. Additionally, without some strategy to protect or achieve fire
prevention goals on unprotected lands in Deschutes County,
utilization of State reimbursement for structure protection assets
under the (conflagration Art would not be available Under
current plans by the Oregon State Fire Marshal's Office to
address unprotected lands in Oregon of which there are over
3,000,000 acres on the east side of the Cascades.
5. Proposed Strategies/Actions for consideration; Strategy A is county
wide implementation including ODF protection; Strategy B is only
those "unprotected lands in Deschutes County. a thru f are for
Strategy A, i thru iv are for Strategy B.
a. Actively dispose of those properties that wildland fire is a
serious threat to the public and a fi-scal liability to Deschutes
County.
b. Make treating and maintaining the wildland fuel condition of
purchase for all lands disposed in the process, including giving
price reductions allotments to accomplish this task.
c. Identify those properties Deschutes County must retain for open
space, future recreation/Parks opportunities or other "unique"
land features.
d. Implement a Deschutes County Vacant Lot and Unprotected
Lands Ordinance based on public safety/private property
protection needs; an ordinance which is 95% education and 5%
compliance focused; an ordinance which minimizes the fiscal
liability risks for Deschutes County.
e. Estimated "bottom line" costs to Deschutes County to
implement this strategy are approximately $100,000 annually
which would be inclusive of fuels treatment, education and
compliance.
f. Have the County Ordinance include only the approximately
144,000 acres of "unprotected lands", thus excluding those
protected by ODF. The fiscal consequences would be:
I. Treat 2105 acres (365 acres of Juniper and 1520 acres of
sage) for $160, 050. This would be a recurring cost
approximately every 15 years unless the disposal of the
property occurred.
ii. Compliance for defensible space on private lands would
be approximately $10,000 annually based on existing
population base in these areas; these costs would increase
commensurate with population growth.
iii. Focus on education, fuels treatment and compliance with
the ordinance; assist home owner's association, road
districts and others to incorporate Deschutes Count.,,
ordinance standards into OCR's and other local
governance mechanisms.
iv. Offers a common ground solution to having vacant lot
and unprotected lands standards and minimizes liability
for Deschutes County.
6. Verbiage Changes are minimal and available for review in the latest
draft.
7. Clear expectations of the BOCC and next steps??
DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT
Deschutes County
Vacant Lot and Unprotected Lands
ORDINANCE
July 2005
An ordinance requiring that hazardous/flammable vegetation be removed,
burned or cut on private lands with improvement and vacant properties to
reduce the wildland fire hazard.
(1) It shall be the responsibility of every landowner in Deschutes County
to reduce the wildland fire hazard created by flammable weeds,
grass, brush, trees and other combustible vegetation on their property
by complying with the requirements of the County ordinance.
Exemptions are landowners who currently have wildland fire
protection from a City, Rural Fire District or Federal Wildland
Agency.
(2) The purpose of reducing the wildland fire hazard by treating
hazardous fuels shall be to protect the property from the spread of
wildland fire from other properties; as well as confining any fire on
the property by preventing its spread to other properties.
(3) Every landowner in the area described in (1) above with structural
improvements will meet the Default Standards of the Oregon
Forestland -Urban Interface Fire Protection Act of 1997, ORS
477.015 through ORS 477. 061. The Default Standards are as
follows:
a. Step 1: Establish a 30 -foot primary fuel break around the
home, and any other structure on the property.
b. Step 2: Determine whether a secondary fuel break is necessary.
There are two determining factors, first what is the fire risk
classification of the home and second is whether the roofing
material is flammable or nonflammable material.
c. Step 3: Determine whether it is necessary to create a fuel break
around the driveway. If the driveway on the property is shorter
than 150 feet, a fuel break does not need to be created. If the
driveway is 150 long or longer, a fuel break must be
established.
d. Steps 4 & 5: Remove any portion of a tree that is within 10 feet
of a chimney, and remove all dead vegetative material
overhanging the roof.
e. Step 6: Clear flammable material out from beneath decks.
(4) Step 7: Move firewood and lumber piles at least 30 feet from
structures, unless properly protected from adjacent fuels and flying
brands during a fire. Properly protected means to provide a woodshed
(a structure) that has a roof and walls with protected openings to
prevent sparks and brands blowing within. This could mean that
doors, windows, properly screen vents. This must be done during the
months of fire season (May 15 thru October IS)
(5) Every landowner in the area described in (1) above, shall treat vacant
lot property in the following manner:
(a) Lot Size, 5 acres or less, the following standard will apply:
• Timber Fuel Types: Individual and groups of trees shall
be separated by a distance equal to the diameter of the
crowns adjacent to each other, or 15 feet, whichever is
greater. Trees will be limbed to remove ladder fuels up to
3 times the height of the ground vegetation. In all cases
dead fuels shall be removed or burned.
• Grass and Brush Fuel types: Fuel beds will me mowed
or trimmed to a height not greater than 4 inches. Where
sparse fuel loading is present i.e. will not sustain fire
spread, exemptions will be accepted.
• Fuel treatment shall be completed prior to the beginning
of each fire season (May 15 thru October 1St)
(b) Lot Size, Greater than 5 acres, the following standard will apply:
• All Fuel types: A 50 -foot fuel break completely surrounding
the property will be constructed utilizing the following
standards:
o Timber Fuel Types: Individual and groups of trees
shall be separated by a distance equal to the diameter
of the crowns adjacent to each other, or 15 feet,
whichever is greater. Trees will be limbed to remove
ladder fuels up to 3 times the height of the ground
vegetation. In all cases dead fuels shall be removed or
burned.
o Grass and Brush Fuel types: Fuel beds will me
mowed or trimmed to a height not greater than 4
inches. Where sparse fuel loading is present i.e. will
not sustain fire spread, exemptions will be accepted.
• The fuel breaks shall be located along the boundaries of the
property. Where irregular lot sizes prevent the 50 -foot fuel
break construction, exceptions will be accepted.
• Fuel treatment shall be completed prior to the beginning of
each fire season (May 15 thru October 1S)
(c) A violation of this ordinance by any person, firm or corporation
shall be a Class A violation as defined by Chapter 1.16 of
Deschutes County Code.
il-
Glossary of Wildland Fire Terms
A
Aerial Fuels: All live and dead vegetation in the forest canopy or above surface
fuels, including tree branches, twigs and cones, snags, moss, and high brush.
Agency: Any federal, state, or county government organization participating with
jurisdictional responsibilities.
Anchor Point: An advantageous location, usually a barrier to fire spread, from
which to start building a fire line. An anchor point is used to reduce the chance of
firefighters being flanked by fire.
Aspect: Direction toward which a slope faces.
B
Backfire: A fire set along the inner edge of a fire line to consume the fuel in the path
of a wildfire and/or change the direction of force of the fire's convection column.
Blow-up: A sudden increase in fire intensity or rate of spread strong enough to
prevent direct control or to upset control plans. Blow-ups are often accompanied by
violent convection and may have other characteristics of a fire storm. (See Flare-up.)
Brush: A collective term that refers to stands of vegetation dominated by shrubby,
woody plants, or low growing trees, usually of a type undesirable for livestock or
timber management.
Brush Fire: A fire burning in vegetation that is predominantly shrubs, brush and
scrub growth.
Buffer Zones: An area of reduced vegetation that separates wild lands from
vulnerable residential or business developments. This barrier is similar to a
greenbelt in that it is usually used for another purpose such as agriculture, recreation
areas, parks, or golf courses.
Burn Out: Setting fire inside a control line to widen it or consume fuel between the
Deschutes County
Vacant Lot
Locations_
Sisters Area: 31 Lots for 1,678 acres
Redmond Area: 55 Lots for 3,336 acres
Bend Area: 53 Lots for 1,890 acres
La Pine Area: 260 Lots for 947 acres
Desert Area: 115 lots for 2,106 acres
Totals: 514 Lots for 9,957 acres
Range from '/z acre to 1235 acres,