2009-1494-Minutes for Meeting October 07,2009 Recorded 10/21/2009COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS CJ ZOQ9.149~
COMMISSIONERS' JOURNAL 1021/2009 08;56;37 AM
11111111 4iIIIIIIIII11111III
4
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
2
fDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, OCTOBER 7, 2009
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger.
Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy
County Administrator; David Inbody, Assistant to the Administrator; Tom
Anderson, Nick Lelack and Tim Lindsay, Community Development Department;
Susan Ross, Property & Facilities; Sheriff Larry Blanton, Capt. Marc Mills and Lt.
Gary Decker of the Sheriff's Office; and six other citizens, including media
representatives from The Bulletin and KOHD TV.
Chair Baney opened the meeting at 1:30 p.m.
1. Update from The Center Foundation.
Carol Stiles of The Center Foundation provided a brochure and information on
the organization. Their focus is the health and wellness of Central Oregon
youth, including the placement of athletic trainers in the high schools. Sports
injuries are a health concern, so they focus on prevention and treatment, both
for young men and young women.
Without the support of the Foundation, there would be no one on the field to
help these youth if they are injured and to help them recover afterwards. The
impact concussion issue is a problem as well. Some of the damage done by this
injury may not.be immediately known. The Foundation staff is well trained to
identify these kinds of injuries. They also do a baseline test prior to the
sporting event so, if an injury occurs, they can compare to determine the extent
of the damage. They did over 900 baselines and addressed 83 concussions.
The County grant for La Pine High School will allow these baselines to be
done. If damage occurs, the youth will be able to go to a specialist for
treatment. Most of these individuals' families would not be able to afford this
kind of medical attention.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 1 of 8 Pages
The Foundation also gives away hundreds of bike helmets each year. In
addition, they have a scholarship program in place.
The Foundation's annual event is scheduled for October 24, and the
Commissioners are invited.
Chair Baney thanked Ms. Stiles for the update, as it is important to understand
how economic development dollars are used.
2. Update on Livestock Rescue and Shelter.
Sheriff Blanton provided a presentation on the status of the livestock rescue and
shelter program and facility off Rickard Road. This program has been a huge
morale builder for inmates, who were happy to participate and who took
ownership in the work that they did. He recommended that the Commissioners
visit the site to see for themselves what has been accomplished.
Lt. Decker thanked the Board; the Road Department for grading and leveling,
as well as spraying for weeds; Solid Waste took the waste at no charge; and the
Humane Societies of Central Oregon and Redmond assisted and contributed.
Knife River (Hap Taylor) did all of the road work; Dr. Oddo of High Desert
Veterinary provided equipment so that animals can be examined on site; Capt.
Marc Mills donated a utility trailer; and Thompson Pump worked on getting a
source of water.
The inmate work crews provided about 2,000 hours of labor to repair about
2,000 feet of five-foot, no-climb fencing; installed or repaired 30 holding pens;
developed a safe exam location with access to water and power; and built or
repaired six large holding fields. The pens can accommodate just about any
kind of large animal. They also developed a safe, contained multi-animal
facility. The total cost of $18,000, along with donations for materials, left them
needing funds for only a small tractor and additional shelters.
At this point three horses have been seized and are on site. A temporary
employee who is familiar with dealing with evidence handles the feeding and
care of these animals. Sheriff Blanton said that if there is a large seizure, the
women inmates might be asked to help with their care.
Lt. Decker stated that inmates go out every couple of weeks to attend to
maintenance issues as needed. Rescue organizations, the District Attorney and
veterinarians have been asked for feedback on the program and the property, in
part to determine the potential need.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 2 of 8 Pages
Sheriff Blanton thanked the Board for its support. This project shows how the
various departments can work well together to help with community needs. He
feels they are prepared for what might be a challenging winter.
Clackamas and Columbia county representatives are going to visit his office
next year to see how Deschutes County conducts business.
Lt. Decker said that the Humane Society of Oregon is interested in what has
been done with this site, and he feels that other parts of Oregon need to have
direction in this regard.
Capt. Tim Edwards said that Deputy Mike Quick, who is a resident of Alfalfa,
contributed a lot of expertise to the project.
3. Discussion of Wind Power Ordinance.
Nick Lelack gave an overview of small wind energy projects, which are
allowed in many instances. The biggest obstacle is height, which is typically
limited to 30 feet. Wind generators usually need to be at least twice that tall.
One way to deal with this is to allow a height exception in Code, as well as
other dimensional requirements. However, some people worry about the visual
and noise impacts. A new Ordinance dealing with wind energy projects could
address these fears. Another concern is the timing. A text amendment would
address all of the issues, or it could be handled through the Comprehensive Plan
update. Another option is to go through the public input process and revisit the
issue separately early next year.
The Ordinance could be drafted quickly, as there are some good models
available. The key issue is the process, and this could be a contentious subject.
Commissioner Unger asked about requirements of the landscape management
zone. Commissioner Luke said that it is very restrictive, and is often along
scenic roads and rivers. Commissioner Unger asked if views and vistas are
considered and protected. Chair Baney said that the greenprint is one
consideration for preservation reasons. Part of the issue is that the County does
not seem to have this kind of protection of views and vistas in its Code.
Commissioner Luke supported including this in the Comprehensive Plan
process. However, there could be a model ordinance that the public can review
so they have a clear idea of the potential benefits and impacts.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 3 of 8 Pages
Mr. Lelack stated that the draft Comprehensive Plan encourages the County to
move towards allowing this type of energy source. Others would like to
maximize solar access.
Chair Baney would like the full process as well, through the Planning
Commission. It needs to fit with the Comprehensive Plan. She has heard that
tax credits might go away before the process is completed. Mr. Kanner
expressed concern that a lot of tax credits might be subject to repeal or
retirement given the current economic situation at the State level, before the
program can be established.
A visitor in the audience said there are other types of wind projects that might
be feasible as well.
Tim Lindsay of the Building Codes Division, said that there has to be a certain
performance level or the credits will not be allowed. He added that the
equipment might be used for wells and other hydro projects, but this might
impact the tax credits.
Commissioner Unger said that perhaps an update in January would be helpful,
as it would be known then what condition the State is in. Mr. Lelack added that
the Comprehensive Plan update would be available in late January.
Commissioner Unger indicated this is too important to push through in a hurry
without the consideration and input of all parties.
Commissioner Luke asked that the Board be advised of what other counties
have adopted, especially in regard to height, terrain and other conditions.
4. Consideration of Signature of a Bargain & Sale Deed Transferring
Property to the Bend-La Pine School District and Granting Authority to
Close the Transaction.
LUKE: Move approval of Board signature of the Bargain and Sale Deed.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 4 of 8 Pages
LUKE: Move approval of authority of County Counsel or County
Administrator to sign appropriate escrow and title documents.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
5. Consideration of Chair Signature of a Memorandum of Understanding
between Members of the Deschutes Water Alliance.
Commissioner Unger gave an overview of the Memorandum of Understanding,
which is meant to introduce solutions to water challenges. A consensus model
document would allow counties, cities, irrigation districts and other entities that
deal with water issues to come up with a plan on how to distribute water in the
future. Some entities have water rights and are concerned about what they
might lose. He feels this can be a win-win situation for everyone.
The first meeting, including Congressman Walden and Phil Ward of the State
Water Resources Board, will be held on Monday, October 12, will help to
establish guidelines and address challenges. The MOU is a model that can be
revised as needed. Commissioner Unger hopes to gain grant funding to help
with this endeavor.
Mr. Kanner stated that the MOU at this point does not obligate the County.
UNGER: Move approval.
LUKE: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
In regard to the grant request, Commissioner Unger said it would pay for the
group meeting and for the services of Mary Malloy, who has been organizing
the group. Part of the cost will be offset by grants. The cost for the County at
this point would be around $3,600.
Commissioner Luke stated that there needs to be a fiscal agent to administer
grants in this regard. David Inbody noted that there was a lot of coordination
and administration needed to enable the group to effectively meet, so it made
sense to contract with someone to organize the process.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 5 of 8 Pages
Commissioner Unger was advised to expense the lunch expense out of his
travel and meals budget.
Commissioner Luke said that he would donate $500 out of economic
development grant funds towards the project. Chair Baney offered to do the
same.
Dave Kanner gave an update on the property leased by the Humane Society of
Redmond and the adjacent property owned by Suburban Door, along which a
retaining wall is needed. He indicated that the owner of the Suburban Door
property was amenable, and is willing to build a retaining wall on part of the
property to solve the erosion problem. He also understands that if and when
additional property is developed, an additional length of retaining wall could be
needed.
Suburban Door has a contractor available to begin the work. The fencing
contractor could come out at the same time to establish the posts for the
Humane Society's fencing project. Commissioner Luke wants language
included to make sure that the property does not drain inappropriately onto the
County's property. Mr. Kanner said that County Counsel will be drafting the
document.
UNGER: Move County Administrator signature of a license agreement with
Suburban Door for the construction of a retaining wall, and to allow
for the construction of fencing, along the Suburban Door and County
property line.
LUKE: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
6. Other Items.
Erik Kropp presented the revised Administrative Policy #GA-7, Smoking
Policy, based on a discussion at the October 5 work session.
UNGER: Move approval of the revised Administrative Policy #GA-7,
Smoking Policy.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 6 of 8 Pages
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney indicated that the Lower Bridge mine site issue is generating some
negative citizen comments. The applicant will have missed an application
deadline for certain requirements by tomorrow. At that point, the County will
have no regulatory authority.
She said that perhaps the County should have some testing done in the areas
that some people feel contain hazardous waste. Commissioner Luke noted that
the County does not own the property, and permission to enter the property is
necessary. He suggested that some pressure be put on the Department of
Environmental Quality, the entity that actually has regulatory authority to test
the purported hazardous sites and require action be taken if necessary.
Chair Baney stated that a courtesy call was made to the applicant, and she
expects that they will either apply for an extension or make other suggestions.
She would like to be prepared to respond to citizens who allege that the County
is shirking its responsibility regarding potential hazardous waste.
The County could request that the DEQ test the exact areas that the concerned
citizens have pointed out in detail. The DEQ has already indicated that the
diatomaceous earth is not a type 1 carcinogen. However, there appears to be
conflicting information from the DEQ that it can be hazardous in some
instances, since the DEQ pointed out that any type of dust particulate in the air
can be potentially hazardous.
Commissioner Luke pointed out that the County has little authority over this
situation. However, he would like to see some pressure put on DEQ in this
regard. In the near future, the Board would like to meet with Legal Counsel to
determine how far the County can push in this situation.
During the meeting, the Board briefly went into executive session, under ORS
192.660(2) (e), real estate negotiations.
Minutes of Board of Commissioners' Work Session Wednesday, October 7, 2009
Page 7 of 8 Pages
Being no further items addressed, the meeting adjourned at 3:45 p.m.
DATED this
Commissioners.
ATTEST:
7th Day of October 2009 for the Deschutes County Board of
Tammy Ba y, Chai
Dennis R. Luke, Vice Chair
Recording Secretary
6111-1- uxe~~ -
Alan Unger, Commissioner
Minutes of Board of Commissioners' Work Session
Page 8 of 8 Pages
Wednesday, October 7, 2009
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., WEDNESDAY, OCTOBER 7, 2009
1. Update from The Center Foundation - Carol Stiles
2. Update on Livestock Rescue and Shelter - Sheriff Blanton
3. Discussion of Wind Power Ordinance - Nick Lelack
4. Other Items
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.
Ifyou have questions regardinga 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.
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
ADDITIONS TO WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, OCTOBER 7, 2009
1. Consideration of Signature of a Bargain & Sale Deed Transferring Property to
the Bend-La Pine School District and Granting Authority to Close the
Transaction - Mark Pilliod
2. Consideration of Chair Signature of a Memorandum of Understanding between
Members of the Deschutes Water Alliance
3. Other Items
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.
Ifyou have questions regardinga 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.
1, 13i
ON
C
Q)
t9
v
l~
d
-
to
7
.
-
Q al;
v
to
c
O
t
tr-
a
S;3
10
vl
4
~
~
G-
L
1
~1
IJ
J
Q)
~
US
`ICJ
O
QOt
lc
M
4
Q)
E
to
Z---
4
-5
d
V G
A
4k
a'
a
;THE
F O U
CENTER
NDATION
The Center Foundation, a 50103 established in 2000, exists to benefit the health,
wellness and education of Central Oregon youth. The foundation in partnership with The
Center and the community provide no-cost athletic training services to area high schools,
brain and spinal cord injury prevention for 1-3 grade students, free bike helmets, no cost
sports physicals, the ImPACT Concussion Program and concussion management, the
High Desert Hero and a substantial high school scholarship program.
www.centerfoundation.org
"building strong bodies, strong minds, strong communltles'
• r-4 _-4--)
V1
V
V4
~U
V d
Q
k
a
~
a. e. . }
F E
yy
J
•
R.
o
f
p +
A
t
0
03
U
U
O
co
0
U
U
a)
C
N
E
N
0
m
0
0
U
cn
U
cn
0
W
fcn
-o
0
0
U
cn
0
U
cn
a)
000
C
O
N
L
O
cu
a~
U
0
aD
U
0
U
ca
E
W_
U
0
U)
aD
m
E
C
O
E
N
0
cu
c~
a)
OC
4-
.C:
O
0
c~
a~
a~
a)
cn
a)
0
yj
CL
cu
U
E
O
Q
E
O
C-
H
CC3
O ~
O ~
O
O ^ l
N
Cis
O ~
Cld
cis
Cb
C
~U
C
E
U
O
.1--.
O~
1,02
LO
4-
O
Q~
O
N
cu
~X
O
`v
cu
cn
ca
Q
NW
I..f~
w
h
4
z '
J
1~ war
~~~ty F ~~sJ
1
L
c 1 # k
k
}
Ilk
?~I
an
0
M
C~
C~
11~
Document Reproduces Poorly
(Archived)
O
CC3
U
O
C.
U
C~
N
4J
C~
O
N
N
Q
O
CA
CA
U
U
,T
~ l
L~
l
I~
INC
0
.
Document Reproduces Poorly
(Archived)
r
A W~
aY~
F ~
ct
U
r
u
~
q
4_;
V
M
V
ry
t
4
;¢z.
~J
o •
rgoq
O
~ O
O p
's
Y
~ ' J SI
~a
Jti - I I y !
1•Y
!
Of
- --s ~ • ~ i.x - CCU
g~s.7e5f,~
te
JET /•~i! - -
• cu
cu
.U Cl) W
a) 0- cu to ~
O
u 0.. r _
a) (D
4) N m ~U- m(~'r- 0-
i
a)
a)
_ I
■
0
00
N
10
10
10
10
N
O
m
O
w
O,
0,
0.
O,
LQ
-q
m
M
m
m
M
M
M
N
O
Ch
N
O
O
O
O
W
N
0,
O
10
10
10
10
10
10
M
N
O
00
00
11-
I
~
•o
10
O
LO
•
t
V
t
d
~t
V
~t
^
^
^
-
^
•
0,
6
w
00
o
00
6
69-
I
60,
69-
64
64+
69-
64
t!}
64
Vol
64
69-
6
4
69-
to4
b
o
too
q
i
'
O
O
l
O
O
O
10
N
64
to+
b4
-
u
O
7~ I
ww
~
°
O
00
00
00
10
O
O
O
It
O
M
O
O
LO
O
W
NO
M
O
00
v-
O
q
N
,
O
O
'
O
O
O
O
O
O
O
CV
A/
00
00
m
IN
-
(V
CV
O
w
Lo
-q
a0
O
M
CV
~O
N
LO
NV
Cpl
O
O
O
-It
to
64
t09-
to
bF}
t¢;
t$
(;.r
64
el>
6F)-
c-$
tf}
L~l
619.
Cr?
64
69•
(f}
I
0
_0
U
Q
N
3
s
® I
'
c
N
c
H
L
N
C
2'
C
•
O
Q
0
O
`
W
Q
`
~
N
O
Q
O
~
n
O
C
E
N
V1
r
[
V
c
n
W
!Q
!
E
-0
a
5
c
7C)
C)
U
c
•
CC
0)
0)
O
O
-
O
-
O
U'
Cu
O
-a
N
o
U
-
•
0
3
•
°
C:
C
E
°
U
O
C
_
E
E
0
\
n
N
U
L7
C
\
\
\
\
U
\
Q
_Nz
o
O
-
\
•
O
O
O
w
O
N
U
U
\
N
U
U
C
co
\
O
\
0
\
0
O
•
0)
E
Q
Q
Q
Q
v+
70
Q
C
C
C
Q
Q)
c:
LL
LL
?
f
•
O
O
O
O
j
O
0
C)
D
L
O
p
C:
C
v
\
\
0
W
IL
CL
TS
\
O)
.
U
E
E
E
E
O
N
o
U
'
c
U
E
•
co
co
_
S2
~z
=
m
m
co
m
co j
m
t
I
Ol
0`
O.
Ol
of
CT
CT
of
O`
O
0,
0.
0,
0`
O
Ol
O
CT
O
0,
O
0,
O
:
Cr
O
O
\
O
\
O
\
O
\
00
O
\
00
O
\
Ld
O
\
00
O
\
Cr
O
O
\
O
\
't
O
\
LX)
O
\
tr)
O
\
O
\
O
\
- I
N
\
N N
\
®
s
N
10
10
10
10
10
10
10
10
N
N
N
n
'o
04
N
-
10
N
N
n
r\ O Ol `V' O, N N N M 't N N N
O O M M LO N N r, rl 10 N
r\ oo c` O O o cV v LO M O O O 000
U') O, O. v O Ol r\ O 10 r\ O, K 4 N N N N O O ~
lO LQ O` O. O; R a0 ~ ~
~ ~ ~ 6 6 4 ~ ~ 61+ b4 b4 64 6f} ~ ~ ~ 6r ~ t I 6~ t I
I
i I
I I
O O O
O M 10 O LO LO N O O - 000 ~ N 00 C)
'O O M w O O
w o 06 O oo I~ O n O M Lli o6 (-i O~ O N CO O O
O` O` - M ~ O N w O. K v M o o ~o "Cl Q O
N U) LO LO t (7 M N M LO Zo
64 QA) b4 (f} 6F} d} 6<} 64 6fy b4 6? e4 En• 609- 6f} h14 efl-
- - I
I
i
U
Q
)
N
N
fl- .
W
n
W
U
O
J
U
~i
N
Q
v
U
J
a
C3
E
C
V
C
U-
\
o'
U)
CLl
a
a
E
c 0)
U
C
U-
\
o!
U)
CD
O
•a
U
12
O
E
U)
c
'U
C
U-
\
0)
oo
N
c
\
E
2
U
a
co
a
O
C
\
E
2
v
L3
CO
0
U
\
X
Q
u
i
co
O
3
~
U
O
\
Q
E
C
C
Q
E
0
F-
a
O
E
u
C
\
o!
U)
oo
o6
p
C3
E
u
C
LL
\
o!
O1
CD
Q
)
O
U
N
N
Q)
-
Q
U
N
M
-
O
Q
0
E
O
2
-
:
}
C
O
U
N
N
N
0
-
Q
U
a)
w
\
p
Q
Q
E
O
2
U
'p
U
w
0
m
3
O
\
O
Q)
C
a
j
=
C
O
Q)
OL
)
Q
N
D
Q
Q
Vl
v
N
W
a,
O
\
N
O%
O
\
N
Ol
O
\
O
O,
O
\
0%
O.
O
\
O•
O
\
of
O
\
0%
O
\
O
O`
O
\
-
Ol
O
\
M
of
O
\
O•
O
\
v
0%
O
\
.O
O,
O
\
N
O`
O
\
C0
Ol
O
\
W
i
Ol
O
\
M
O"
O
\
o,
O
C14
N
Cl)
N
LO
10
M
-
-
N
N
N
N
N
N
M
M
N
M
CO
n
M
00
00
co
co
00
CO
00
00
00
Ol
Ol
0
o
0
0
0
64
69
64
64
64
O
~
O
O
O
O
•
00
O
O
O
O
0
O
o
Lo
Lo
O
64
b4
C'
64
M
64
O
O
O
O
O
0
O
O
•
LO
LO
L
~
M
!R
fV
d}
M
cam}
O
U
O
C
O
O
Q
O
O
W
p
ir.
U
Q
t '
O
D
O
V
-
0
v>
-
O
C
.w
!9® •
O
5
0
O
C
~
p
Q
•
o
CO
-
\
0
Q
C
•
C
C
c
a
U
as
O
w
m
O
O
O
®
•
O
\
\
ch
O
0
M
\
M
\
\
\
1- E_ Is
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
DATE: October 7, 2009
MEMORANDUM
TO: Board of Commissioners
FROM Nick Lelack, Planning Director
SUBJECT: Wind Energy Siting Code Amendments
Summary / Background:
The purpose of this work session is to discuss potential amendments to the Deschutes County
Code (DCC) related to wind energy siting. For an overview of this issue, please find attached a
presentation provided by a panel at the Oregon Planning Institute (OPI) on September 17, 2009.
Staff is able to provide additional materials to the Board on this topic. In addition, the
Association of Oregon Counties (AOC) will discuss this topic at its annual meeting next month.
In sum, wind energy facilities are allowed throughout Deschutes County in most zoning districts
as a "utility facility for commercial energy production" or as a residential accessory structure.
However, the height limitations effectively preclude the installation/development of such
facilities. The maximum building height in most zoning districts is 30 feet. Exceptions are
allowed for structures to be up to 36 feet outside of the Landscape Management (LM)
Combining Zone. The Draft Comprehensive Plan includes policies to encourage and allow
individual and commercial alternative energy, including wind farms.
On related issues, staff is able schedule a work session with the Board to discuss amendments
to the solar ordinance. The Community Development Department is also in the process of
determining how to permit alternative construction methods to allow grey water reuse.
Discussion
Wind energy siting is divided into two broad categories: Small Wind Energy Systems that are
for residential or small scale, non-commercial use; and (2) Commercial-Scale Wind Farms. The
key issues in development wind and/or renewable energy ordinances generally are:
• Height and setback distances/projects;
• Lot size;
• Aesthetics;
• Sound/noise; and
• Number of turbines/units.
Quality Services Perfonned with Pride
Staff expects the process to develop code amendments to site wind energy systems to be
similar to the process to develop and adopt the Amateur Radio Facilities ("Ham Radio") code
amendments. The reason is that rural residents will likely express similar concerns over the
small individual wind energy systems that may be located on a neighbor's property. The most
significant concerns will likely be about height and/or impacts to views. However, residents will
also likely express concerns over sound/noise and aesthetics.
Code amendments to allow the siting of wind energy systems could occur through:
1. Allowing higher maximum building heights for the turbines (all other development
standards would apply); or
2. Developing a wind energy systems ordinance that addresses the range of key issues
discussed above.
The wind energy siting code amendments could be initiated by the Board or occur as an early
action item following the adoption of the Comprehensive Plan update.
Board Direction
This item is for discussion only.
TA-08-3, BOCC Memo Page 2
F4ti.
4Q)
O
~i
N
.r
y
(1) 0
m
a o
Cy)
o w
~r
K~r
r,
y
rt+
Q~
N
L
CL
Z
y.
O
V
O
O
I
a~
ca
J
V
c~
L
c~
V
.
a
J
J
O
O
Cl)
I
.v
L
Q
c~
11
O
V
O
I
ca
C~
V
Q
L
W
O
ca
O
O
I
O
V
c~
Q
O
m
I
V
W
.
N
V
as
t
w
a
e
Q
.k
O
~U
N
E
O
C:
U)
•V
t/)
U)
co
Co
'
o
co
o
LL
U
E
O
O
W
U
U
~
I
I
I
•
O
4-0
co
c
c ~
CU o
U uJ
CU
U ~
J E
D U)
I I
M
4
CL
E
0-
o
c
c
a~
~
~j
a
o
cn
U
E
4-0
to
cn
_
4-j
o
o
C:
W
N
C:
L
~
Q
W
m
I-
O
I
I
I
I
•
y
c ,yl4
e
0
w
a
3
N
W
t
O
t
L
O
E
L-
0
Lr)
O
O
V
c
v~
O
Vb nl,.
L
O
E
L
O
LO
O
r
L
CU
0
co
.
LO
O
cn
-0
3:
LO
O
Ir-I
m
N
L
cu
0
U)
L
O
G
LO
co
co
-Fu
E
L
U
0 0
a) O
CD E
.
cu
0
L
O LO
C~ ono
L
O
E
L-
0
G
LO
N
m
E
O
ve
.
LO
N
m
cn
N
ca
mo ~
~
. . . .
cn
N
U
0
L
m
a)
~
4-0
C
O
O
U
cn
a)
C:
a
>
0
a)
~
CD
U
N
~
:3
cn
O
U
LU
Y
v
0
v
e
w
y
V
d
L
cn
O
LL
W
-0
L
(D
L
O
~i +
o
L-
O
L..
CL
-0
U)
0
a~
_
o
U
LLJ
O
L-
Q
CU
(3)
O
CL
0
LL
Cn
O
~
.v
f+
O
0
c
=
V
L)
•
O
Q
'
Z
.44
U
OC
H
C
co
C
O
N
~O U
o
O ~
U
CL
a
41
kk~
i
~ L
O
p O CY)
O C/) C:
_0 '(n O
E a)
N
C~ c
co a) cn
4-0
:D O 0
(n a) O U)
~ 0 a) C:
O O 4;; co
cn O a)
U
cu m
U c-
E C)
O O C/) d' a)
U 0 Q co 'U
(.a~
co ~ ~U)
O 0 O c or_
J U z L 0
U
0
h
wd
0
V
o~
~W
oa
a3
O
U
E
0
4-
cm
L..
O
O
L
co
N
cn
U
C:
L
O
U
O
L -
CL
c
O
cu
0
CL
cu
L -
cu
N
U
is,
w
O
P-j
cu
U
CL
ca
4-
O
0
N
L
O
O
L
U
v
O
L
O
N
U
N
D
cn
O
O
U
CL
co
0
4-0
`V
U
CL
cu
a)
cu
OU
U
cu
ca
-I--+
O
-1--a
cn
O
U
cu
a)
a)
L
U
m
iii
N
O
L
cu
cn
N
C:
N
cu
N
ca
L
O
OU
cu
cu
cu
O
V
L
O
cn
L
O
0
N
cu
N 0
O
U
E
O •CU
NU
L
O
U (u
w
cu
0-
T
.O
E
O
U
O
N
L
O
r low `Y'
Y.
I~ T
L
(n
O
U)
m
c
co
N
N
O
U
ca
L
a)
O
cn
N
E
4-
O
4-j
L
O
cn
O
•U
a)
(U
w E
O N
_0 0-
0
a)
0
U
C6
Q
0
-Fz
N
E
O
a)
cm
♦ .a
E
L
a)
CL
L
N
0
L-
40--
0
4-j
N
E
O
N
ca
O
cu
L
O
O.
O
O
L
L
0
V
E
y-
~
O
•
5
O
O
to
-
O
U
~r-
cn
Q
C:
6
.L
}O
•O
N~
~o
aM
~M
~O
C
Q~
~O
oa
~R
L
kl-
f
t
M
~a
0
M
0
M
M
0
d
~o
o `O
00
1
O
CD
ct
O
W
U E
Ca co
rn
N O
N O
_0 O co
C L O
A
C C: M
O ~ O
O CD
c
N O
E _
L N
U ~ o
J co
O 0 0
4- M
O 0O
O _(D
O
-0 co
O
E
O Q
N O
U
4 U
N ~
N
~ U
L
cn N
E
a) E
U O
W ,P
O
M
E
L
~ c
CU
~ U
O
!E N
L
4-O .
cn m
N
~ N
L
a) cu
C: a)
N CU
:3 CU
cr -0
C
co
cu
co
o ~
C:
O C6
4-0
~ O
~ -tn
U U
CU
CDL
U 'E
cn cm
0) N
.E
2 ~E
0
d
s
w
V
1
3
y
a
a
a
z
0
i
v
O
L
O
c,:
E
•
n
ch
L
o
(D
S2
CO
C:
o
CY)
Q
-
~
U
c
J
o
U
•C: •O
cn ^L
cn I1
U-
4- U
o ~
cp U-
Q w vn
E
X ~ ~
w LO
0
0
s
0
N
E
E
m
CL
L
U
O
N
yC4
~O
=0
lO N
~O
=O
~O
ell
~Q
=0
W ~
r
v
= a
m
R
F=_T~ _
4
3OR,
w
a
R
n
co
w
00
p
U
•X
cu
0
(m
E
mw
:
c
U
D
.
C m
O
C
C p
W
N
V.
M
Z
~Q
~1+
i
V
W
C
cn
E
U
a~
I-
4-
O
N
U
N
U
•X
ca
N
c
Q
T-
0
C cn
cu
N -
C ~
N E
t
- U
cu a)
E O
cn O
2 .2:, co
O O cu
E O
O
O (a U
a)
05
Z5 O
~ N
E V >
O =
~
a) o
aa) co
-0 a ca
U
>u
O
T-
A
U
N
C:
Q
W
w-
O
O
N
L
Q~
L
N
C
ca
L
cu
O Q
Cl) w
ca 40--
0 cu
O
' j= N U
O
U 'co
U x
c C
N U O
E cu
~.O
U
U cn
w N
M
O
o p ~ ~
CL
Z U co -0 ?--b CU
U
co 'Z:) C 0 0)
N U z z 70 O O EE ~ 0
co co Q, CO
N O
O
U z Q cu
N CU
U!
w w
V-
'O
L L i%+
M 40--
p N C ~ 0 O~ 0 L 0 N
a~ U ~O N~~}' a) 0 N
'a 0 p N a) M O V E p O1
S E 0 0 CM~4- O0 O
3 N v Q~ M NoM N
> (o ci 00 0-
t/1 N
!t- (0 1 C L CD :3 U CU O N Q
N L+- a Q co U `+-L- co a) a)
Q O c Q E L fn
~c Nom, 0Ea) ~cb
O ~
^ w-
0 ° c0 vii • U
co a) ) cn
E~ N 0~ma) M-0 0-
L U -W Q Rf M G M M C F- to cn N > U
00
CAN O p 00,cn 0
E a) (V (0- N a to ~ N ~
E V Q i M Q p L L o
p C,~? 0000 c6 N+-O O N4-
u
y0
zv) NN~N QE
cu E D
c tm U Q o
Mimi O U (n CO C C C
V ,N 0 a, O O O0 0 N 00 C
> (n 4m;- 0 cc cn vii O N M O a=' L fn
O p
(0 cc L- CL M (0 0 CL)
0 -0
L L > 0
pWa U) U U ~ u O~ E•>
3 p rn O O o
IV 4- 0 =3 0 tm L- -W
LO c.)
Wei -0 (D cn
O -aEC'gw oQ,~Q~
C U2) ~A L N
U) N CL 0- -0 U 0.
o~~OL E0-0 -0 Q-000
-i co 0 o 0- 0- 0- Q § cn § cn a- o a) 0 0-
a
II
y °
y ~
t0 ;
~I+ p
y~ 06
NA M
p~ o
~ o
~ L C/)
°a
L
Of
U
Cli CIO
(D 0
O C/)
N Ca (6 O
O N 4-1 = L
C: cn
-C 0
O
6-1 a) 4-0
E C: Co a) CL a)
CL 0
0 70 0 L-
X
LR ~ N > -a
CV
a O
CD C co U ° ca
:2 Q ~ L N
o CD w c: a)
~M E~
_n •C-) >1
(n a)
•a) aa)) a) ° co
C C U O O 4-1 CD C/) i- a)
o ~ •c a'
4- cu U Q U >
a)
cn C: se
L CL
O ca p
p p 4-0 E o
a) CL 0
CL C: Co :3 a) x a)
W cn cn
0
m
v
y y
~O
y~
r w
N
Z~
V ~
Of
.d
4W
.C
0
O
cn
O
0-
O
N
O
U
L
U
U
U Cn O
Q.~~
( C
O O
C N
N E
O a)
E
O >,CVkcu
C Q
L
L
0Np•C
CU .U O
o~ o
Cv C
OCD.0
O CU CO
ca ..2
0 0
L ~
076 0-U
10-
c N
o cn cl
E (n
CD_~ N O
J CCf ~ Q
0
N
4-0
cn
O
4-0
C
4-
~
-
O =
~ U
O 42
C ~
C
N cu
O L
~ N
U N
C
ca O
O
L Q
~U
N
O E
~ O
0
CD
CB ~ ~
N N CD
OQ O
O
OO
L
L O L
E O
O 0-
0 O
N
C C
ONO
7+ ~ N
~W E
O N
C
OCU E
CU ~ C6
C
o
O •U N
co
0
N CU
O
N O U
Z N
in i
C: U
L ~ 2) =3
(n
W L
0-00
C:
A'§ a .5
0 c6 ~•U
CL L- O O N`~
Q (n t+ C
O ~ L- Co
CO a)
Q,0-
L
CU
0 CU
C O cu m
~ ~ O O
C
~ co O O
C6 Q.
+r O Ca
a) a) ~a
CU U)
C A V O
p N U U
U~cam
0
~a
v
yy
~o
*Al
y~
Is VA
h
O~
V~
.d
at
U
cu
0
in
.0
Cn
a
0
0 0
t5 =3 -a U
L- JCL a..,~
2
co
~0 CU cm
E CO N~ N
0 U .~O X00
4- 0
C6 Co Cn 0 ) .V O C :E
N O O Co
0 CD
E C-
4-4 a) a)
~(n s=
O :t
0 0 Cu 0 m cn
0
CZ~ -O ~ cA C-0 a)
U 0 0
a) Co
CD --0 420 ui u) E
:3 XC= OLC:V
~ Xa)
4-- O 0.-
000
c 000 ~Cll0 .~CL E~
Cn
- O L-
0 C:
0 E 0 Can ~ cu
C Co co a) L Z~ L ja 0
~tn
COOL 0 0
a) ~O-V O
2 n a) :3 0 U) o n~
70 0'0~ ca-0 •cn Cnco~
Co 0 3:.- U) CD m a)
CCj
0 C U) m ~ C= Cn -0
(Ec a) c: a)
O 0- C L
CUCU 0 O-,UO ~L- QUO L
O~O•-CZ a) t5 04, =
U) 0 cn ~~00 0~.~ ~a)
00 .0 NO~L- (L) p0 ~n=0
-0 CD 0
0- CU " a)
L- - 0 4-1
CO
+r *-'CU UO +-oca= O~:OU
~0 ~C.a)•0 0-.a) ~
-Dc: -C DOU
4)
v
y y
~O
w
y~
Ilia
ww
N
Z~
of
~d
~W
-f-a
W
U
O
U
W
O 4-
O
O
N
L
U
Q
cu
LIZ
cu
O
L
Q
U
L
c
Z
C
9)
.0
4-0
C:
4-
W
W
U,
o 'a ccU
o
O (j) 4 M
°'>0)oLO
' a
°
L a~ CU
E°_'~o0
a~
E 0 0)
U E a) E
Q ° o 0 _
N 0.= ~
H cu .N
J ch i m N
LL 0 N U 0 Co
Z
LO)
U ,L, N
N 0 ~ N
a
Z o O
W N-N
0) CU
UJ
O O O ~
O O ro
CL U
U ca a) N
w > E -0
W C
~0>
Q U C 0 U
0 4M-- M 0
U ~
N ca
>+O U^
2)4-
(D a
04-
N
co c o o ~
U N c0
O U
C i C
~ aD o
O 0 -0•
E (D
cu 2!'
X00
c V Mn
cu
U
cn
(u
42
C
0 cc
fl N O N
t C Q E
N O O 0
cc
N O a- i>-''0
o o
a
U :3 L U co
O o
N
-0~N3
0.0 > O
O
o 3 E
cn
5, U
L
V L 'Co
cu a)
cc O
N ~ 7
(
V (C
L N
(lf N ~ v- U L
a)
t6 N L Rf N
a) O L O O N
N E E _U
L
-C 0 E 010-
cu E -C
U O L N CL N
U O s- C a. N N ca ca
O
:3 0
N
O C O R3 ~ U)
-(D
W O O O O O w cu -0 E CU
4-0
a) =3 C N C N Q)
> O N O O U N U cu
LO- E 4' C: M CL CU
0 4)M~ NNu)
-Ccp_ N~,
°M
O C~ c v, `0
CL a
U rno 0
CU C 0 _zO
c (D a) 70 0
O O «-a) O C C O U 4 D 4-0
U) E x (D
p w OV C -r- O a) -C cv
L O 0 p- C-6 V O p- vii
a) U)
1~ L O C C
U O a i E 0 U C C
y C
N o~0E
U) a) 0 U) 0 " oo -°UQ c N o
a)
O- ~ to p U V L CL - cn
c N a I1 O ~ O ~ 0 (D
a)
O 0- , C N C (a d N
Q O U a) p p
N 0 F C co N C W O- C C C a)
O
N LP .0= N O U N
C N
O c~. -1., U) 0 0 0 cn 4_- s
L- L O N > -a•- (D N
CL cn 0 C: a) a)
E :3 4-0 0
C ca
4--1 0
O H 0 .c~ Q~~ U) a a.n.
c
cu
ca)
N N
O
- o
o-0
L- a)
a) U
X
O O
' 0
U C
5C
O N
y o
O 'C
D a)
"
N
~
N t
~0M
L
low V
O =
v 4-CU
C_ >
M 'N
=NN
Q
y E0-
00 O
n
CD O
~V -0
LM -0
Mimi N
O ~ tmO O
O X U
Aso Oa)O
~
.R t5
CN
CU
16a CU
y-- m U)
. t~ co -
= 1) N 0O
O
(1) 0L-
0
F- ca4,
Eo a
,
0 ` U
^ a)
cn L -C cu
Q O co 3 cu
E a) ~ o
a~ co
O N N
O O cu
L U -0 N : co
L v a C ca
a O a O N
cu 4- E
~O 09+ O cn O _a
.Q C 0 - -0 N N
4~ . Co
N N CO O
C ` a) (D
U
in O A'a) a> (n
U
N -Q•` a A O
0 -0A~O co OU
-Fr L W L ~ ~ N
N a) L O O m Y
:3'O 0 N U CO r -
E 'v~ U C cu o CU
L C Via) C N Z o
w o N O O -p C
~0 U C NN
0 w O C ~ ~
cu oCU
U E 4o- rn CU
m La) ~ ~N i>-,
E -0 N L- N
U C O
a) cn
C: C C O U
~N
ca L C - 0 -0
O N N O U UL c
0 N a> 0 :D ~ cu
co :3 co 4~ :3 CU
>i N N 4-
a) 2)O N~ E ~ 00 -0
a) -c ~0 U L O
N~ N~ a coE a) CU
N~ N
C C (n 70 cu E L t
" 0) 5 in
C C (IS
N U N
~O O cu C- L
ma) cnE~ (D -0 Cl)
a) cl)
00
O
oc cl) U C O O
N~.Y OC O~O EU >N
SOU Oa > iE O._ a)
0 cu cam 0O oU OX a
> E c: -c E o(D
L) E (n a. co d-
v
y y
~O
y~
wy
Z~
V -bit
4cd
~W
E
E
m
0
a
0
as
a~
N
G
O
w
t
a
N
O
V
d
w
U
W
m
cn
E
C~
0
a~
O
0
cn
O
V
O
U
O
cn
a)
a
0
U
ca
E
CCf
E
0
W
0
4-1
O
E
0.
_O
O
.U
03
c~
0
~1
mo
rW
i
a~
O
O
O
cn
cn
E
cn
c~
L
0
73
y-
O
cn
O
V
a~
L
0
N
N
N
t
~f
L
4
to
m
w
O
U
w
m
L
U
x
co
L
W
CO
U)
co
00001
0.
U)
E
c~
L
0
L.
CL
a~
E
cn
.0
co
Cn
M
N
N
i
d
V
O
V
v
w
d
lot
411111110
N
d
U
L
O
V
U
U)
LO
O
O
L
O
U
co
a -
E
cn
U
O
~O
n
O
0
U
J
O
W
O
W
cn
~i
y
L
y
U
to ~
U
• OO L
,
N
C)
v
c~ o
O CCn
i O
O Q-
L
41
o
I Q
~
0
a)
Lm E
co Co
Q O
Q
Ca
a) cr
a)
w L
a--r
CU C:
L a)
L
C6
L W
o
~
a~ E
L
0
a) CY)
L
+r ca
cu U
~ J
~
Q
0
0
)
0
c
,
0
0
E
Q
L
O
L
>
0-
CD
0
a)
m
C:
W
a)
CL
M
2
•
W
Q
.
C)
C)
Q
~
N
U
_
0
.0
(D
~
aC-)
0
~
W
0
m
0
O
~
U
D
3:
.
0
-
CO
0
C
0
o
C:
U
C
V
0
E
N
>
co
m
to
Co
Cfl
H
N
N
d
i
0
N
01
c
d
v
y
H
0
c~
U
-C
O
O O
a)
c
cn a)
3: -0
5
.>N U
75 cz
U
~ U ~
O
~ •N
O
O
C
O
c~.(n
~ L
.U ~ O
p O
O cn .L
~ N O
E 0
4-0
c > c~
O O >
(n CD N
.U Co a) 0
U
- _O
a) N co
m
cn
co -a
~C:
U
O Co
O- O
O
O O
~
a -0
C: O
co
O
cn CO p
O 'cn
O a)
CD -0
N Q
Co Q
Z, C:
N •tn cl,
0 N
~ N
W
O U) 6-
0- W U
O
> U
O LO
O1 Q
>
U O
O
7 N
C N
>
.75
~ .U
.Q ~
CU CU
a-
so
N
F
y
y
v
~
Q)
L
O
5
_
O
O
C
4-0
L
-
4-4
O
N
O
O
~
Co
C
" '
O
LO
0
E
r n
V
C
U
O
5
>
-p
V
N
a)
+r
N
+r
4-
C:
-
C
a)
C
0
O
L
_
L
O
0
-0
O
72
E
E
5)
=
0)
m
m
Co
-Ft
Q
L-
co
cu
C
L-
U
O
C
L
L
U
O
L
O
O
J
O
O
J
U)
O
~
0
0
•
~ C
O
U
U_ . CL
Q N
U C6
Q O
L
2
•U
O
Q
Q L
cr
U
N
y
ftlom
Q
W
z
Q
W
O
O O
C/)
O
C6
0L
U
U
.
CL -C
42.~
.L
4-0
O
U
cu
cu
E
Z)
U
4.4
.
O
N
~
O
U
C/)
cn
o
O
N
o
-i-a
C
o
V
Q
,
C:
:3
cu
co
a
O
U
O
O
m
N
as
v
Q
z
0
as
Z
m
E
O
Co
rO
V
cn
0
O
U
E
co
O
co
CL
0
L
UL
0
4-
O
U
1
cn
N
cy-lo
E
O
y--
U
a)
ja
o
^^L
I..L
O N
LO C:
C"'-[ N
cn
L
U
C ~
O
U
CL
w0
co c:
CD a)
~E
N N
O U
Z
C: 0 -0
O
O Q
O ^O
A
I
O
t:-
G
O
CU
%I--
O
2
O
co
4-
O
N
a)
U
J
L
N
L
LL
o~
N
7
all,
w
v
E
R
w
C
d
O
lam
~~r
was,
U)
co
9
Q
w
0
M
F
M
N
a
t
is
v
Q
f1/
m
m E
0
~ , g- E a m
a (a CL 0
5=w ca ,aFs, aun
0 .0
199 a
CC
3C
m§
a
x
L
It
e
d
E
0
!y
C
O ;
of
,C N
.G
WO
mV
co -end
m
E 0
pU
0
U
T -0
0 co
0 0
L
0
.so
C: L
0 0
I..L 0
^1 ~
W
0
/-a
nV~
W
nV,
Z
T
L
co
L
L.J.
L 0
0 Q
L
Co
0
L D--
i E 40-
9
C%.
nL
W
0
CL
a~
0
T
cn
0
C:
W
0
C*--
0
U
T
cn
co
0
^L1
W
0
•
N
M
C
O
N
N
G
i
T~
N
m
O
0-
O
ca
.
a)
ca
a)
Q
.
O
co
U
U)
m
U
W
C~
0.
c
U
~O
L-
CL
O
■
cn
Q
cn
cn
O
L-
U
O
O
O
O
U
U
c~
O
cu
L
0
cu
U
L
O
.
U
L
a)
O
Z
U
Z
U
M
M
3
0
a
a~
r
w
d
as
0
6
~u
?a
x to
u ~ y
ay u ~p~$~9~~yt
J ;
t
V ~ t
via __Sw- f
r...
& 0 r f
v
, v
N
y r
4 ~
>r
L- /
a
3
0
w
y
O
V
d
a
d
c
co
O
O
O
Z
C`~
cu
ca
U
0
ui
a)
O
O
O
O
U)
Q
U
4-
ca
W
U
C~
a)
m
E
c
^n
W
U
co
O
O
M
N
d
i
3
O
h
d
OC
Z
F--
v
W
W
rn
c
O
(D
0
9
Cl)
Ci)
c
/~L
I..L
c
Z
LL
w
W
W
c
O
0
0
N
.O
C
w
E
L
C
C
O
I
rn
.NI
.U
'~l
2)
~I
U
rn
c
O
a)
0
•
cn
c~
0
U
W
.cc
c
c
E
•
z
0
w
0
For: 10/f7
Economic Development Fund
Discretionary Grant Program
Organization: Deschutes Water Alliance (DWA)
Organization Description:. The Deschutes Water Alliance is a regional forum intended
to establish ongoing regional water management planning and coordination to address
key water issues in the Deschutes Basin. The Deschutes Water Alliance (DWA) was first
formed in 2004 through a grant from the Bureau of Reclamation. Since January of 2009,
a group of original DWA partners has been meeting to consider various options for
broadening the scope and participation in the DWA. The group proposes to expand
participation by including county government and creating an ongoing forum for
discussion about key water issues in the basin. This forum comprised primarily of local
governments will provide water education, water policy discussions and to develop an
integrated regional water management plan.
Project Name: Administration in re-formation of DWA
Project Description: In order to re-establish the organization, it is necessary to present
the concept to 24 potential voting members and three potential non-voting members. This
grant will be used to pay Mary Maloy for all coordination and administration required for
presentation of the concept to each potential member and preparation of the
Memorandum of Understanding. The Central Oregon Cities Organization (COCO) and
the Deschutes Basin Board of Control (DBBC) have each committed $1,000 to this
request. The intent is for this grant to pay the full amount and for COCO and DBBC to
make their support payments to Deschutes County. This grant also includes $600 for
providing lunch at the initial meeting of the organization on October 12, 2009.
Project Period: July 1, 2009 - October 12, 2009
Amount of Request: $5,250
Previous Grants: None
DESCHUTES WATER. ALLIANCE
A forum to discuss regional water management needs through collaboration.
DESCHUTES WATER ALLIANCE (DWA)
Memorandum of Understanding
The Deschutes Water Alliance
A forum to discuss regional water management needs through collaboration.
INTRODUCTION
The Deschutes Water Alliance is a regional forum that has the potential to establish
ongoing regional water management planning and coordination to address key water
issues in the Deschutes Basin. The Deschutes Water Alliance (DWA) was first formed
in 2004 through a grant from the Bureau of Reclamation. The original membership
included the irrigation districts (Deschutes Basin Board of Control), cities (Central
Oregon Cities Organization), the Confederated Tribes of Warm Springs, and the
Deschutes River Conservancy. Under this federal grant, the DWA formed a water
bank as a market-based approach to redistributing water rights in the Deschutes
Basin. In addition, the DWA published the following studies which can be found on
the DRC website www.deschutesriver.or>s.
• "lnstream Flow in the Deschutes Basin"
• "Future Groundwater Demand in the Deschutes Basin: Monitoring, Status
and Restoration Needs"
• "Growth, Urbanization and Land Use Change"
• "Irrigation District Water Efficiency Cost Analysis and Prioritization"
• "Reservoir Management", and
• "Long-range Water Resources Management in Central Oregon."
Since January of 2009, a group of original DWA partners has been meeting to
consider various options for broadening the scope and participation in the DWA. The
group proposes to expand participation by including county government and creating
an ongoing forum for discussion about key water issues in the basin.
The DWA believes that it is best to address water issues at the regional level in
addition to the local level because changes in water use or distribution in one
jurisdiction can have an affect in another jurisdiction. Resolution of these water
challenges can be addressed most effectively through a regional water planning.
process. It is critical for there to be a better regional understanding about water
management.
After reviewing the original DWA studies and examining other existing water-related
collaborations in the basin, the working group concluded that a forum comprised
primarily of local governments was needed for water education, water policy
discussions and to develop an integrated regional water management plan.
Therefore, the undersigned agree to establish the Deschutes Water Alliance (DWA).
DWA
Rev. 081109
Purpose
To increase understanding of water issues in the region and meet regional water
management needs by developing an integrated regional water management plan.
Goals
1. Secure and maintain stream flows and water quality in the Deschutes Basin
for the benefit of fish, wildlife, and people.
2. Secure and maintain a reliable and affordable supply of water to sustain
agriculture.
3. Secure and maintain a safe, affordable and high quality water supply for
urban communities.
Objectives
1. Provide a forum for discussion, understanding and coordination of water
needs.
2. Build on the previous studies and reports and work collaboratively to create a
regional integrated water management process and plan.
Structure and Membership
The Board and Officers
The DWA shall be governed by a voluntary Board of Directors and is comprised of
MOU signatories. Designated alternates may participate in board meetings and
work sessions and may vote on behalf of their respective board members.
A Chair and Vice Chair of the board shall be elected annually by the board. The Chair
and Vice Chair shall be responsible for scheduling meetings, preparing and
distributing agendas, keeping meeting notes, and overseeing DWA administration.
The membership of DWA will consist of the following, elected/officials and alternates
as voting and non-voting members:
VOTING MEMBERS
The Confederated Tribes
of Warm Springs
Crook County
Deschutes County
Jefferson County
City of Bend
City of Culver
City of La Pine
City of Madras
City of Metolius
City of Prineville
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
DWA
Rev. 081109
2
City of Redmond
City of Sisters
Central Oregon Irrigation Dist.
North Unit Irrigation Dist.
Ochoco Irrigation Dist.
Three Sisters Irrigation Dist.
Tumalo Irrigation Distr.
Swalley Irrigation Dist.
Arnold Irrigation Dist.
Crook County Improv. Dist.
Avion Water Company
Deschutes Valley Water District
La Pine Water District
Deschutes River Conservancy
NON VOTING MEMBERS
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(elected official or alternate)
(CEO or alternate)
(CEO or alternate)
(CEO or alternate)
(Exec. Director or alternate)
Oregon Water Resources Dept. (Local Manager Appointment)
Oregon Fish and Wildlife (Local Manager appointment)
Oregon Dept. of Environmental Quality (DEQ) (Local Manager appointment)
STAKEHOLDERS
In order to achieve its goals, the DWA will need to inform, consult with and seek
agreement with a wide range of other stakeholders including but not limited to the
following:
State Legislators
Congressional delegation
Water Resources Commissioners
Department of Environmental Quality
Bureau of Reclamation
U.S. Fish & Wildlife Service
National Oceanic and Atmospheric Administration
U.S. Forest Service
Bureau of Land Management
Upper Deschutes Watershed Council
Crooked River Watershed Council
Crook County Soil & Water Conservation District
Jefferson County Soil & Water Conservation District
Deschutes County Soil & Water Conservation District
Development interests, destination resorts, etc.
WaterWatch
American Rivers
Trout Unlimited
DWA
Rev. 081109
Work plan and Budget
The Board shall develop a work plan and budget to create an integrated regional
water management plan using the original DWA studies as a starting point. All voting
members of the DWA shall contribute financially based upon a formula to be
determined, including grants and in-kind contributions. The Board will approve the
work plan, budget and financial formula. The evaluation of potential grant
opportunities will be a priority for the DWA.
Consensus Decision-making
DWA will use a consensus decision-making process and will foster a collaborative
approach to problem solving. Consensus means that all members agree to support
the decision. Members may choose not to block the consensus even though they do
not fully agree with the decision. Members are encouraged to voice and have
recorded all views. Once a consensus decision has been reached, all members agree
to support that decision.
Sufficient time will be provided for the members to seek advice from constituents,
agencies, or other experts, when desired, before a decision is adopted. All members
present at the meeting are included in the consensus process. Any member may
abstain from the consensus and may request to be acknowledged as abstaining in
any publication of the consensus. Abstaining is a choice not to block or to support
the decision.
If any member feels the need to stand in the way of consensus on a decision, he/she
will explain his/her concern with the proposed decision to the group, and the group
will make every attempt to understand the concern and the underlying interests. The
group may decide to delegate the issue to a working group for further exploration,
development or recommendation for the full group.
The group may delegate decisions on administrative matters to a smaller group, such
as the executive committee.
Quorum and Voting
A quorum shall be achieved for conducting DWA business when one more than 50%
of the board members or their alternates are present, either in person or by other
means allowing real time participation in the board meeting. If any board member is
absent and unable to participate in real time, voting is permitted by recorded voice or
written message as long as the message is received by the Chair prior to the vote
being taken at the meeting. It is desirable although not mandatory that a quorum is
achieved through balanced representation of municipalities, counties, tribes and
irrigation districts.
DWA 4
Rev. 081109
Meetings and Notification
Regular Board meetings shall be held as determined by the Board. Special meetings
may be called as needed. The Chair or Vice Chair will notify board members of
meeting times and locations two weeks in advance of the meetings.
Meeting Conduct
Members will treat each other with respect and in a manner that provides opportunity
for group decision making. Conflict will also be addressed in keeping with the
consensus based operating guidelines.
Public Outreach Process
All DWA meetings will be open to public attendance and any member of the public
may attend any meeting. The public is encouraged to participate at the appropriate
time on the meeting agenda.
Amendments
Amendments to this agreement may be made only by unanimous agreement of the
Board.
Termination
Any party may terminate its involvement in the DWA by providing 60 days written
notice to all DWA member organizations.
DWA
Rev. 081109
Signatures
Signatories to this agreement attest that their respective governing bodies have
approved participation in the DWA and this approval is evidenced by the public
minutes. Listed next to the signatories is the name of the Elected Official who has
been designated to serve as DWA board member. Elected Officials may list the name
of an Alternate who will attend DWA Board meetings in their absence.
Agreed and signed this day of , 2009
VOTING MEMBERS
MEMBER
ORGANIZATION
SIGNATURE
NAME OF
ELECTED OFFICIAL
NAME OF
ALTERNATE
The Confederated Tribes
of Warm Springs
Deschutes County
Crook County
Jefferson County
Central Oregon Irrigation Dist.
North Unit Irrigation Dist.
Ochoco Irrigation Dist.
Three Sisters Irrigation Dist.
Tumalo Irrigation Dist.
Swalley Irrigation District
Arnold Irrigation District
Crook County Improvement Dist.
City of Bend
City of Redmond
City of Prineville
City of Madras
City of Sisters
City of Culver
City of La Pine
City of Metolius
Avion Water Company
Deschutes Valley Water Dist.
La Pine Water District
Deschutes River Conservancy
Non-voting members, please list the official representative and an alternate.
DWA 6
Rev. 081109
NON VOTING MEMBERS
MEMBER
ORGANIZATION
NAME OF OFFICIAL
NAME OF ALTERNATE
Oregon Water Resources
Dept.
Oregon Dept. of Fish and
Wildlife
Oregon Dept. of
Environmental Quality
END OF DESCHUTES WATER ALLIANCE MEMORANDUM OF UNDERSTANDING
DWA
Rev. 081109