Loading...
2006-1060-Minutes for Meeting November 27,2006 Recorded 12/15/2006DESCHUTES COUNTY OFFICIAL RECORDS 4J 2006-1060 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 111111111 111111-91111 12/15/2006 03;48;31 PM 11111111■1I 2006-10-90 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page ~G Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF ADMINISTRATIVE WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, NOVEMBER 27, 2006 Present were Commissioners Dennis R. Luke, Mike Daly and Bev Clarno. Also present were Dave Kanner, County Administrator; Susan Ross, David Givans, Teresa Rozic and Anna Johnson, Commissioners' Office; and, for part of the meeting, Mark Pilliod and Laurie Craghead, Legal Counsel; Tom Blust, Road Department; County Forester Joe Studer; Dan Peddycord, Health Department; and Catherine Morrow, Community Development. Also present was media representative Keith Chu of The Bulletin. No other citizens were present. The meeting began at 1: 30 p. m. 1. Update regarding Senate Bill 360 - Treatment of Vacant Lots. Joe Studer gave an overview of the ramifications of Senate Bill 360. Protection must be increased from 5% to 30-40% of lots to be treated. This includes fuel breaks - roads and rights of way. The County has over 180 properties that have not been treated, although some are not located in high-density areas. The cost to treat these lots is estimated at approximately $60,000. He asked a letter regarding SB 360 be approved and signed by the Board. (A copy is attached as Exhibit B) CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 2. Update regarding a Proposed Smoking Matrix. Susan Ross explained the proposed matrix, and the distances and costs involved in instituting it. Most of the cost would be for signage. Minutes of Administrative Work Session Monday, November 27, 2006 Page 1 of 4 Pages Dan Peddycord explained that the City allows no smoking on or near its facilities, as does St. Charles Medical Center; they are eliminating cigarette receptacles. The Fairgrounds and the schools are also smoke-free. He pointed out that even though enforcement would be difficult, it sends the right message. Dave Kanner added that it would be a County policy regarding County facilities, not an ordinance; in effect, it would require voluntary compliance. Susan Ross is to develop a draft policy with thirty feet from entrances being the standard, as appropriate. 3. Discussion regarding COIC Membership Dues. Commissioner Daly said that COIC is requesting $13,000 in dues to help pay for unfunded, regional projects. Dave Kanner pointed out that although not all entities will be willing or able to pay annual dues, the funding would go towards the common good. Tammy Baney indicated she thought it would probably be used for grant writing purposes. Commissioner Clarno asked that regular reports on the results of this funding be presented to the Board; Commissioner Luke added that he would like to see what happens with it over the next year. CLARNO: Move approval of budgeting this expense for the next year. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. 4. Update of Commissioners' Schedules; Meeting Details. Commissioner Luke gave an overview of the work being done by the transportation committee, of which he is a member. Commissioner Clarno said that Neighbor Impact has asked Anna Johnson to host a table at their December 6 breakfast. Minutes of Administrative Work Session Monday, November 27, 2006 Page 2 of 4 Pages Commissioner Clarno reminded the Board that the Alternatives to Incarceration Committee would be presenting a report at the Local Public Safety Coordinating Council meeting on December 4. Commissioner Daly said that he would be attending NACo in January as a member of the Justice and Public Safety Committee. Teresa Rozic explained that the second auction of County-owned properties would be held on March 15, 2007. She met with the Sheriff and they agreed to hold the inventory at 24 parcels, mostly those that have an interested potential purchaser and by geographic pockets, not just south County. All are priced at over $20,000, some are buildable, and 17 need wildfire cleanup done. Susan Ross added that at least one auction will be held per year. Commissioner Luke stressed that those needing cleanup should have this work done, and he would like to see more properties back on the tax rolls. The auction information will include basic terms of the sale. The County is advertising terms: 20% of the minimum bid as a down payment, at a rate to be established at the time (prime rate plus 1%), amortized over ten years and payable on or before ten years. Ms. Rozic indicated that these terms are consistent with what other counties are doing. She added that there are no "red" lots or TDC eligible lots in this auction. Catherine Morrow stated that a memorandum of understanding with DEQ is being drafted to clarify and define these properties. After further discussion, the Board approved the process proposed for the auction. 5. Other Items. The Board discussed the appointment of Bruce Barrett to the 9-1-1 County Service District Budget Committee. CLARNO: Move approval. DALY: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair votes yes. Minutes of Administrative Work Session Monday, November 27, 2006 Page 3 of 4 Pages The Board then went into executive session under ORS 192.660(2)(h), litigation. After the executive session, the Board took action. LUKE: Regarding a Measure 37 claim, move to authorize legal counsel to add Linn County regarding a writ of mandamus to the Supreme Court and brief same if the Court accepts the review. CLARNO: Second. VOTE: DALY: Yes. CLARNO: Aye. LUKE: Chair vote yes. Being no further discussion, the meeting adjourned at 3: 30 p.m. DATED this 27th Day of November 2006 for the Deschutes County Board of Commissioners. 9 ~c De 's R. Luk , hair Bev Clarno, Vice Chair ~ ~ -'/w I Z ATTEST: ichael . Daly, mmissioner foT"4i' %911t- Recording Secretary Minutes of Administrative Work Session Monday, November 27, 2006 Page 4 of 4 Pages ,2 17 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, NOVEMBER 27, 2006 1. Update regarding Senate Bill 360 -Treatment of Vacant Lots -Joe Stutler 2. Update regarding Proposed Smoking Matrix - Susan Ross 3. Discussion regarding COIC Membership Dues 4. Update of Commissioners' Schedules; Meeting Details 5. Other Items Executive session under ORS 192.660(2)(e), real property negotiations - Susan Ross PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), pending or threatened litigation; or ORS 192.660(2)(b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. -r; ES &ACY1 2 0 A~ ljj November 27, 2006 Board of Commissioners 1300 NW Wall St, Suite 200, Bend, OR 9770-1960 (541) 388-6570 - Fax (541) 38!,-3202 www.co.deschut ~s.ocus board@co.deschut ~s.or.us Bev Clarno Michael A Daly Dennis +2. Luke Oregon Department of Forestry Richard Gipson, Hearing Officer RE: The Oregon Forest I and -Urban Interface Fire Protection Act of 1997 (Senate Bill 360) Dear Mr. Gipson, Thank you for the opportunity to respond to the "Issue Paper" regarding treatment of vacant lots under Senate Bill 360. We appreciate the thorough staff work completed by the Advisory Committee which provides outstanding background and, most importantly, context to the issue. We are not surprised that Deschutes County appears to again be leading change and on this occasion with the vacant lot issue, and believe the proposed alternative is the best option given the original intent of Senate Bill 360 and the evolution of wildland fire in Oregon and the United States. We support the additional flexibility give to the local classification committees and look forward to assisting and continuing to be a participating partner with the administrative rules which will enable implementation. We also support the option of requiring wider fuel breaks along certain egress/ingress routes. This has been a common theme in the six Community Fire Plans various neighborhoods, communities and agencies have completed in Deschutes County. We have additionally reviewed the remaining alternatives the Advisory Group considered, and agree that the "problems the solutions cause" are good reasons for selecting the preferred alternative. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner Page -2- Wildland fire is no stranger to Central Oregon. Over the past 106 years we averaged 452 fires and 38,000 acres and, almost without exception, our responses have been interagency and involved the wild-land urban interface. This trend will continue and the ability to work collaboratively with all agencies to minimize the loss of human life and property must be our goal. We look forward to implementation and Joe Stutter, Deschutes County Forester, will be our contact with this effort. He can be reached by telephone at (541) 322.717 or via e-mail at joestg.co.deschutes.oi•.us. Sincerely, THE DESCHUTES COUNTY BOARD OF COMMISSIONERS Dennis R. Luke, Chair Bev Clarno, Commissioner Michael M. Daly, Commissioner Oregon Department of Forestry ISSUE PAPER TREATMENT OF VACANT LOTS UNDER SENATE BILL 360 PREPARED BY WEWAWSHIPWFO ESTRr SENATE BILL 360 VACANT LOT ADVISORY COMMITTEE JANUARY 2006 1. Summary The Oregon Forestland-Urban Interface Fire Protection Act of 1997, more commonly known as "Senate Bill 360" was designed to address the growing problem of fire in the wildland-urban interface. Implementation of the Act is currently underway in various portions of the state. The subject of whether vacant lots should be subject to the Act and how they should be treated was discussed during the Legislature's deliberations on the bill and during the development of the administrative rules which set forth the standards to be applied by landowners. In the spring of 2004, the Board of Forestry was approached by several homeowner organizations who expressed concerns about the adequacy of the vacant lot provisions. In response, the Board directed the Department of Forestry to develop a Work Plan and to review those concerns. The concerns were reviewed by a Senate Bill 360 Vacant Lot Advisory Committee. This Issue Paper is a required product of the Work Plan and set forth the findings of the committee. After considering the issues identified in the concerns, the Senate Bill 360 Vacant Lot Advisory Committee is recommending to the Board of Forestry that the classification criteria of lands subject to Senate Bill 360 be modified, to potentially increase the number of vacant lots subject to Senate Bill 360 standards, and that the standards themselves be amended, to require wider fuel breaks along certain roads. II. Background a. Senate Bill 360: Senate Bill 360 was designed to address the growing problem of fire in the wildland-urban interface. Unlike most other western states, Oregon has not yet suffered a truly catastrophic urban-interface wildfire. Recognizing that such an incident was increasingly likely, the Legislature passed the Act in 1997, to encourage landowners to apply standards which are designed to minimize or mitigate the hazards of a wildfire. The standards for Senate Bill 360 were developed with input from affected property owners and then set forth in administrative rules by the Oregon Board of Forestry. Property owners who must apply those standards are identified by a county classification committee, having members appointed by the county governing body, the State Fire Marshal and the State Forester. Shortly after passage of the Act, two advisory committees were established to assist with development of Senate Bill 360 standards, one in Deschutes County and the other in Jackson County. The membership of these committees represented a cross section of local fire and forestry officials and landowners. Between 1998 and 2001, many meetings of both committees were held. In 2001 and 2002, the work of the committees was consolidated into a single draft set of standards. The Board of Forestry formally adopted the standards in September 2002 and they became effective on November 1, 2002. Treatment of Vacant Lots Under Senate Bill 360 January 2006 r Implementation of the Act is currently underway in Deschutes and Jackson counties, where county classification committees have identified the lands to be subject to the Senate Bill 360 standards and landowners have been notified of their responsibility to apply the standards. County classification committees are currently meeting in Klamath County and in Umatilla County. Additional county classification committees are expected to soon be formed in Baker, Crook, Douglas, Josephine and Jefferson counties. b. Development of Existing Vacant Lot Standards: The subject of whether or not vacant lots should be subject to the Act and how they should be treated was discussed during the Legislature's deliberations on the original drafts of the bill. Ultimately, they decided to include language in the Act, which allowed, but did not require, the development of standards related to vacant lots. How vacant lots should be addressed in the Act's standards was a significant topic during the development of the standards. Especially in Deschutes County, this subject was discussed and debated at several county advisory committee meetings and was the principal reason for at least one field trip of the committee. At one extreme, was the view that all vacant lots should be subject to significant fuel reduction requirements. At the other extreme, it was advocated that vacant lots should just be ignored. The greatest impact caused by vacant lots, appears to be where numerous, very small vacant lots are interspersed with similar sized lots which contain improvements. This is normally found in subdivisions. In such situations, even if the owners of improved lots fully comply with the standards, a significant risk remains to their structures because of close and heavy fuels on the adjacent vacant lots. Also, some locations have poor quality roads and limited access, which exposes the residents to added dangers, in the presence of a wildfire. To address the situation where numerous small vacant lots are interspersed with developed parcels, the concept of an Extreme classification high density "overlay"was developed and became known as the "High Density Extreme" classification. The county advisory committees favorably received the overlay classification concept, however, they were unable to reach a consensus on what standards should apply to vacant lots so classified. As a result, Department of Forestry staff members made a presentation at a State Forester's staff meeting in mid-2000 about the impasse. Following the presentation, they were directed to meet with members of the Department's executive staff and principal staff members, to develop a solution. The resulting solution, formulated in October 2000, was acceptance of the High Density Extreme classification, as an overlay for the highest risk and highest structure density lands. The intent was that county classification committees would apply this overlay, only when both extreme risk and hazard were present. In addition, a technical committee was to be formed to develop the standards that would apply in such overlay areas, with an emphasis on life safety. The standards were to apply to all lands within the classified area, not just vacant lots. The technical committee, after considering several approaches, recommended the creation of standards which required that, in areas classified High Density Extreme, twenty foot wide fuel breaks be adjacent to all vacant lot property lines and adjacent to roads which are used by the public. All developed tax lots were also required to apply these standards, in addition to other Senate Bill 360 standards. The Board of Forestry approved this concept in September 2002. c. Concerns About the Current Vacant Lot Standards: During the administrative rules adoption process, which formally established Senate Bill 360 standards, citizens had 10 opportunities to comment, between March and September 2002, but no objections to the vacant lot standards were received. Treatment of Vacant Lots Under Senate Bill 360 January 2006 2 i 11 During the Senate Bill 360 implementation process in Deschutes County, citizens had 19 opportunities to comment, between March 2003 and August 2004, but no objections to the vacant lot standards were received. In the spring of 2004, several Deschutes County homeowner organizations approached the Board of Forestry with concerns about the adequacy of Senate Bill 360 standards, as they apply to vacant lots. Their concerns centered on two topics: the number of vacant lots which were not subject to the standards and the adequacy of the fuel modification standards that do apply to vacant lots. In response to their concerns, the Board directed the Department of Forestry to develop a Work Plan and review those concerns. A Work Plan was subsequently prepared and approved, which called for the formation of a Senate Bill 360 Vacant Lot Advisory Committee to study the matter and make recommendations to the Board. III. Define the Issue This issue has two intertwined components: • Should Senate Bill 360 standards be applicable to more vacant lots than the current classification criteria currently allow? • Should the current Senate Bill 360 standards, which apply to vacant lots, be modified to require that landowners remove more fuels than the current standards require? a. Vacant lots subject to Senate Bill 360 standards. Currently, vacant lots are not subject to Senate Bill 360 standards unless they have been classified by a county classification committee as "High Density Extreme". The purpose of the High Density Extreme classification is to identify those lands where the combination of an Extreme classification and a high density of dwellings present an enhanced threat to life safety and where vegetation modification around structures alone may not be sufficient to help protect lives during a wildfire. Lands may be classified by a county classification committee as High Density Extreme only when a geographic area meets all of the following criteria: • The lands have been previously identified by the county classification committee as Extreme; . The lands have a current zoning which allows for residential development; . The lands contain fuels which, if not modified or treated, will result in a wildfire having a significant rate of spread and intensity; • The lands have: o An average tax lot size of less than three acres; or o A typical tax lot configuration which prevents the establishment of a 30 feet-wide fuel break adjacent to structures; and • The lands lack: o Safety zones; or o Effective vehicle egress which may hamper the safe evacuation of dwellings during a wildfire. Using this classification criteria, 2,281 vacant lots and 1,104 developed lots (out of a total of 23,251 lots) were classified as High Density Extreme in Deschutes County. In Jackson County, the county Treatment of Vacant Lots Under Senate Bill 360 January 2006 classification committee made a total of 9,121 developed lots subject to Senate Bill 360 standards, but made the decision to not utilize the High Density Extreme classification, thus no vacant lots are currently subject to Senate Bill 360 standards in Jackson County. In the spring of 2004, the Board of Forestry was told, by several Deschutes County homeowner organizations, that they did not believe the classification criteria, as they relate to vacant lots, were adequate. They asked the Board to consider modifications to the classification criteria which would increase the number of vacant lots becoming subject to the Senate Bill 360 standards. The Board, in turn, directed the Senate Bill 360 Vacant Lot Advisory Committee to study this request. b. Senate Bill 360 standards for vacant lots. Currently, the following Senate Bill 360 standards apply to vacant lots which have been classified as High Density Extreme: . The creation of fuel breaks which are immediately adjacent to all property lines, for a distance of twenty feet or to an adjacent property line, whichever is the shortest distance. The distance shall be measured along the slope; and . The creation of fuel breaks which are immediately adjacent to all roads, for a distance of at least twenty feet from the side of a road, or to the property line, whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the road's driving surface. In the spring of 2004, the Board of Forestry was told, by several Deschutes County homeowner organizations, that they did not believe these standards were adequate. They asked the Board to consider modifications to the Senate Bill 360 standards which would increase the amount of fuels required to be removed from vacant lots. The Board, in turn, directed the Senate Bill 360 Vacant Lot Advisory Committee to study this request. IV. Alternatives and Their Consequences The Senate Bill 360 Vacant Lot Advisory Committee considered a number of possible alternatives to the current classification criteria and Senate Bill 360 standards, related to the two components of this issue. The primary alternatives and their anticipated consequences are described below: a. Vacant lots subject to Senate Bill 360 standards. A. Remove the High Density Extreme classification and make all vacant lots in the Extreme classification subject Senate Bill 360 standards. Major impacts of implementation of this alternative would likely: . Increase the number of vacant lots subject to Senate Bill 360 standards. In Deschutes County this alternative would impact 22,936 (15,651 improved and 7,285 vacant) additional tax lots and 10,860 (8,193 improved and 2,667 vacant) additional tax lots in Jackson County. . Make compliance more expensive for the landowners of larger tax lots. Currently, the owner of a three-acre lot classified as High Density Extreme is required to create fuel breaks on almost 29,000 square feet of their property. This alternative would require the landowner of a vacant ten-acre parcel, which is not now subject to Senate Bill 360 standards, to treat 52,800 square feet or 1.2 acres. . Would reduce the flexibility now given to county classification committees, to most effectively address their local situations. The Jackson County committee, for example, decided to not bring vacant lots under the jurisdiction of Senate Bill 360. This alternative would negate their decision. Treatment of Vacant Lots Under Senate Bill 360 January 2006 4 B. Remove the High Density Extreme classification and make all vacant lots in the High and the Extreme classifications subiect to Senate Bill 360 standards. Major impacts of implementation of this alternative would likely: • Increase the number of vacant lot subject to Senate Bill 360 standards. In Deschutes County this alternative would impact 29,432 (19,866 improved and 9,566 vacant) additional tax lots and 12,006 (9,121 improved and 2,885 vacant) additional tax lots in Jackson County. . Make compliance more expensive for the owners of larger lots. See comments under IV.a.A., above. • Would reduce the flexibility now given to county classification committees, to most effectively address their local situations. See comments under IV.a.A., above. C. Amend the High Density Extreme classification criteria to increase the number of vacant lots subject to Senate Bill 360 standards. Major impacts of implementation of this alternative would likely: . Increase the number of vacant lots subject to Senate Bill 360 standards. The impact of this alternative is unknown, until such criteria have been defined. . Enhance the flexibility given to county classification committees, to most effectively address their local situations. A county classification committee could continue to include some vacant lots and not others, as they decide is best. D. Amend the High Density Extreme classification criteria to give county classification committees additional flexibility in determining which vacant lots will be subject to Senate Bill 360 standards. Major impacts of implementation of this alternative would likely: . Increase the number of vacant lot subject to Senate Bill 360 standards. The impact of this alternative is unknown, until such criteria have been defined. . Enhance the flexibility given to county classification committees, to more effectively address their local situations. See comments under IV.a.C., above. E. Maintain the status quo. Aside from the concerns raised by several Deschutes County homeowner organizations, no significant objections to the current classification criteria have been presented to either the Department of Forestry or the Board of Forestry. b. Senate Bill 360 standards for vacant lots. A. Amend Senate Bill 360 standards to require fuel reduction on all portions of all vacant lots which are subject to the standards. Major impacts of implementation of this alternative would likely: . Require the development and adoption of new Senate Bill 360 standards. The existing standards were designed for application in limited areas associated with fuel breaks and may not be appropriate across larger areas. . Make compliance more expensive for the owners of some tax lots. Currently, the landowner of a three acre vacant lot is required to create fuel breaks on approximately 28,920 square feet or .66 acres. This alternative would require the owner to treat the entire three acres. Treatment of Vacant Lots Under Senate Bill 360 January2006 . Make compliance with Senate Bill 360 standards more difficult for some absentee owners, because of the greater amount of fuels reduction work that would required. . Result in nonpayment of property taxes and increase the number of county foreclosures, as landowners seek to avoid the increased cost of compliance. . Result in the cost of compliance becoming higher than the value of some tax lots. This is particularly likely in portions of southern Deschutes County, were a significant number of tax lots are small and have been found to be ineligible for development, due to high water tables. . Improve the ability of some, but not all, nearby structures to survive a wildfire. Recent research, at the Forest Service's Rocky Mountain Research Station, has shown that treatment of fuels within approximately 100 feet of a structure is most effective in helping the structure survive a wildfire. Beyond this distance, the effectiveness of fuels treatment is reduced. If space permits, compliance with the current standards creates a fuel break of up to 90 feet adjacent to structures in the High Density Extreme classification. . Moderate wildfire behavior adjacent to some, but not all, nearby structures. Current Senate Bill 360 standards are designed to modify fire behavior so as to cause a fire to burn on the ground, rather than in the crowns of trees. Because of this, requiring fuels reduction across larger areas would not significantly alter how a wildfire burns adjacent to many structures. . Make wildfire behavior more severe in some locations. Without proper maintenance, clearance of larger areas is likely to promote the growth of grass, brush and ladder fuels which are now inhibited by permitted stands of trees and result in fire behavior which has a greater threat to adjacent structures. . Be opposed by some other agencies. The Oregon Department of Fish and Wildlife, for example, is apt to object due to a reduction in cover vegetation. . Enhance the safely of local residents during a wildfire caused evacuation. Fuel reduction near roads can be expected to reduce radiant heat and thereby make passage safer. . Enhance the safety of firefighters, by moderating fire behavior and radiant heat in the vicinity of the fire ground. B. Maintain the current concept of fuel breaks along roads and property lines, on vacant lots which are subject to Senate Bill 360 standards but increase the required width of those fuel breaks. Major impacts of implementation of this alternative would likely: . Make compliance with Senate Bill 360 standards more difficult for some absentee owners. See comments under IV.b.A., above. . Result in nonpayment of property taxes and increase the number of county foreclosures. See comments under IV.b.A., above. . Result in the cost of compliance becoming higher than the value of some lots. See comments under IV.b.A., above. . Improve the ability of some, but not all, nearby structures to survive a wildfire. See comments under IV.b.A., above. . Moderate wildfire behavior adjacent to some, but not all, nearby structures. See comments under IV.b.A., above. Treatment of Vacant Lots Under Senate Bill 360 January 2006 • Make wildfire behavior more severe in some locations. This will be expected to occur if fuel breaks are not properly maintained, due to an accelerated growth of grass, brush and ladder fuels. • Enhance the safely of local residents during a wildfire caused evacuation. See comments under IV.b.A., above. • Enhance the safety of firefighters. See comments under IV.b.A., above. C. Maintain the current concept of fuel breaks along roads on vacant lots which are subiect to Senate Bill 360 standards, but increase the required width of those fuel breaks Major impacts of implementation of this alternative would likely: • Make compliance more expensive for the landowners of some lots. See comments under IV.b.A., above. . Make compliance more difficult for some absentee owners. See comments under IV.b.A., above. . Not influence wildfire behavior adjacent to most structures. This would not impact current fuels modification requirements near structures, in most locations. • Make wildfire behavior more severe in some locations. See comments under IV.b.A., above. • Enhance the safety of local residents during a wildfire caused evacuation. See comments under IV.b.A., above. • Enhance the safety of firefighters. See comments under IV.b.A., above. D. Require fuel reduction along the property line of vacant lots where they are adjacent to developed lots. Major impacts of implementation of this alternative would likely: • Be difficult for the Oregon Department of Forestry to administer. The need to closely monitor building permit activity and then notify adjacent vacant lot owners in a timely manner, would be costly and time consuming. • Create an inequity between neighboring tax lots within the same classification. Some vacant lots would need to comply with one standard while adjacent vacant lots would need to comply with a different standard. • Make compliance more difficult for some absentee landowners, because they do not know the status of neighboring tax lots. • Not improve the ability of nearby structures, in the High Density Extreme classification, to survive a wildfire. Unless the existing fuel break standard (see alternatives b. A. and b. B.) is also amended, fuels reduction on adjacent vacant lots is already required. • Improve the ability of nearby structures, in the Extreme and High classifications, to survive a wildfire. Fuels reduction would be required on vacant lots which the current standards do not address. • Would enhance the safety of firefighters. See comments under IV.b.A., above. E. Maintain the status quo. Aside from the concerns raised by several Deschutes County homeowner organizations, no objections to the current Senate Bill 360 standards have been Treatment of Vacant Lots Under Senate Bill 360 7 January 2006 presented to either the Department of Forestry or the Board of Forestry. V. Recommendations and Reasoning After carefully considering the alternatives identified above, the Senate Bill 360 Vacant Lot Advisory Committee decided to recommend to the Board of Forestry that the Senate Bill 360 administrative rules be modified, as follows: a. Local classification committees should be given additional flexibility to be able to more effectively address their local situations and community desires by amending the High Density Extreme classification criteria, to increase the number of vacant lots which may become subject to Senate Bill 360s standards; and b. There is an opportunity to enhance the safety of local residents during a wildfire caused evacuation, by requiring wider fuel breaks along certain roads. Except as noted in these recommendations, the Senate Bill 360 Vacant Lot Advisory Committee concluded that the existing Senate Bill 360 standards, as they relate to vacant lots, are generally an appropriate compromise between a vacant lot owner's cost and difficulty of compliance and the ability of adjacent structures to survive a wildfire. VI. Closure The Board of Forestry's Work Plan, under which the Senate Bill 360 Vacant Lot Advisory Committee was created, and this Issue Paper was written, call for the Board to review the Committee's recommend- ations: If the Board agrees that changes are warranted, to either the classification criteria under which vacant lots are determined to be subject to Senate Bill 360 standards or to the standards which apply to fuels clearance on vacant lots, the Committee will reconvene to develop specific proposed administrative rule language needed to implement those changes. The Committee will also propose any statutory or administrative rule language which may be needed to implement those changes. . If the Board determines that changes are not warranted, to either the classification criteria or to Senate Bill 360 standards, this matter will be closed and the requirements of the Work Plan will have been fulfilled. Treatment of Vacant Lots Under Senate Bill 360 January 2006 8 APPENDIX A MEMBERS OF THE SENATE BILL 360 VACANT LOT ADVISORY COMMITTEE Central Oregon Forest Protection District Public member: Conrad Ruel ODF staff: Tom Andrade Douglas Forest Protection District Public member: None ODF staff: Pat Skrip Klamath-Lake Forest Protection District Public member: Dwaine Holster ODF staff: CarrieAnn Capp Northeast Oregon Forest Protection District Public member: Alan Nichols ODF staff: Steve Meyer Southwest Oregon Forest Protection District Public member: Reeve Hennion ODF staff: Brian Ballou Walker Range Forest Protection District Public member: Ron Sommerfeldt ODF staff: Ron Sommerfeldt State Forester Public member: Gene Whisnant ODF staff: Rick Gibson Treatment of Vacant Lots Under Senate Bill 360 January 2006 Office of the County Clerk \111~ Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: [54-11338-6544 To: Recording Staff Facsimile: (541) 389-6830 Nancy Blankenship, County Clerk From: Nancy, Tiff and Jeff Re: Guidelines for Researching Records for Customers Over the Phone Date: September 23, 2003 This will clarify our practice in researching records for customers over the phone. General Guideline. Ask the customer if they have access to the internet. If yes, direct them to our web site at http://recordings.deschutes.org. If no, state you'll do one search if the record appears to be quickly located and that searches are not guaranteed. Also, the customer should be told in-house terminals are available for the public to use. If your search results reveal more than about 10 records tell the customer "too many hits were found and you'll not be able to finish the search." An exception to this guideline would be if they give you a specific date. Otherwise, they will need to send a letter requesting the search results. The cost for the search is $3.75 per name and 25 cents per page. Refer to memorandum on researching the number of pages over the phone. If the customer becomes too difficult you are always encouraged to forward the call to a supervisor. Please let us know if you have any questions. H:\My Documents\policies and procedu es\Guideline for Over the Phone Searches.doc Quarity Services Performed with Pride