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2011-118-Minutes for Meeting March 23,2011 Recorded 4/11/2011DESCHUTES COUNTY OFFICIAL RECORDS OJ 2011~11~ NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 04/11/201104:16:20 PM IIIIIII III~IIIIIIIIIIIIIIII i III 2011-ii8 Do not remove this page from original document. Deschutes County Clerk Certificate Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.M MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 23, 2011 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney and Tony DeBone; Commissioner Alan Unger was out of the office. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Joe Studer, County Forester; Darryl Nakahira and Jon Sholes, Sheriff's Office; Judith Ure, Administration; Nick Lelack and Todd Cleveland, Community Development; Susan Ross, Property & Facilities; George Kolb, Road Department; and approximately forty other citizens including media representative Devin Williams of The Bulletin. Citizen Mike DeBone joined the Commissioners at the dais. Chair Baney opened the meeting at 10:02 a.m. 1. Before the Board was Citizen Input. Judy Forsythe of La Pine spoke about HB 3347, the Pine Forest development, which she does not support. It appears this is being dictated by a for-profit company. It is an end-run around the steering committee of the DEQ. There is plenty of time to examine the issues. The groudnwater protection program is being addressed, and there is not a declared emergency. She does not feel a sanitary district should be forced on citizens. The on-site program needs to be given back to the DEQ as well as the responsibility for groundwater protection. Chair Baney said that the Board is remaining neutral, as the master plan or land use action may have to come before the Board at some point. They have to remain objective, but are tracking what is happening in Salem. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 1 of 11 Pages Ed Criss of La Pine said he is not speaking as a member of the Planning Commission, but as a citizen. He believes the on-site program should be given back to the DEQ. He feels there are inconsistencies on how the program is being handled, with different information coming from the DEQ and the County. Mr. Criss added that he thinks HB 3347 bypasses all State and County land use laws. He believes care needs to be taken to avoid platting out any more small lots. South County has been over-platted for years. Adding another 1,000 or more properties is not good for the carrying capacity for the region at this time, for a variety of reasons, including transportation, groundwater and other concerns. On the County website, he noted that it says that two Commissioners are supportive of the Bill. Dave Kanner explained that the list on the website is a priority "watch" list, showing which legislation the Board is tracking, rated 1, 2, 3 or 4. "Support" or "Oppose" is shown to the right, but they are neutral on this one. Chair Baney said that the Bill is not in its final form at this point, so it is hard to know what may be included in the final version. 2. Before the Board was Consideration of Signature of Resolution No. 2011-023, Declaring Sole Source Procurement for the Central Oregon Regional Communications Migration Plan (Sheriff Radio System). Darryl Nakahira and Jon Sholes came before the Board and gave a brief overview of the item. Mr. Nakahira indicated that there have been no protests to this proposal. Mr. Kanner stated that the County has to bid out for almost every purchase, but the law allows them to vary from this process if the service or product is only available or suitable from one source. Mr. Nakahira added that the funds are coming from the State Department of Homeland Security, and benefit all cities and the three counties in the region. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2011-027, Authorizing Participation in the 2011-13 Oregon Community Dispute Resolution Grant Program. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 2 of 11 Pages Judith Ure provided a brief explanation of the program, which comes up for renewal every two years and is used for mediation services to the public. This time only Jefferson County and Deschutes County are taking part. Central Oregon Mediation appears to be the only eligible entity in the area at this point. Funding is subject to approval by the Legislature. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 4. Before the Board was Consideration of Board Signature of a Notice of Intent to Award Contract Letter for Construction of Tenant Improvements at the Deschutes County Jail. Susan Ross explained that five contractors were eligible, but only three submitted bids. The low bid was selected. This will improve the functionality of the jail since the bond measure for a jail expansion did not pass and some changes, especially in safety, need to occur. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was Consideration of Chair Signature of Document No. 2011-162, a Memorandum of Understanding regarding the Deschutes Basin Native Plant Seedbank. Dan Sherwin explained the item. Six or seven years ago he applied for Title II grant funds through the Forest Service and was able to start a native seedbank. Twenty agencies have signed on. It was so successful that they were able to obtain nonprofit status, and it has remained self-supporting since then. It is important to have native grasses available to work in conjunction with noxious weed control. It is a popular project, is expanding and doing well. There is a broad base of individuals on the board, including the Forest Service and other businesses. They are expanding the program and hope to go into the John Day Basin, as there is a lot of interest from that area. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 3 of 11 Pages DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 6. Before the Board was Consideration of First Reading by Title Only of Ordinance No. 2011-011, a Defensible Space Ordinance for Unprotected Lands in Deschutes County. Joe Stutler provided an overview of the item. He thanked the Board and various communities for their participation and support over the last seven years. It works because it is voluntary, but the Ordinance serves as a last-case option if a property owner refuses to comply. He has run across few property owners who do not want to participate, but as the public becomes more educated about the benefits, it has been easier to gain compliance. About 95% of the public feels it is important to have defensible space standards. Commissioner DeBone said that he, as a homeowner, understands the need for defensible space, and as a Commissioner he understands how others should be educated and participate in the program. DEBONE: Move first reading, by title only. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first reading at this time. 7. Before the Board was Consideration of Signature of Document No. 2011-153, the 2011 Exchange Agreement with ODOT regarding Surface Transportation Program Funding. George Kolb provided an explanation of the agreement. This is an annual agreement which involves federal funds that can be exchanged with ODOT to make it easier to work on various projects at the local level. The funds are typically dedicated to projects on the work schedule according to priority. DEBONE: Move approval. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 4 of 11 Pages VOTE: DEBONE: Yes. BANEY: Chair votes yes. 8. Before the Board was Consideration of Signature of Resolution No. 2011-015, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. Heather Richards of Redmond Community Development and George Endicott, Mayor of the City of Redmond explained the item. It is part of a twenty-year plan that will increase the tax rolls and create up to 5,000 jobs. Urban renewal is a tool for municipalities to develop areas that are considered blighted and are not producing what they should be. About 1/3 of the area is vacant and much of the rest is underused or substandard. The boundary will be increased by about 102 acres, and allows for eighteen projects to go forward, including improving the Evergreen Elementary School site. George Endicott stated that they have been working on this process for some time and similar projects in the past have had a positive impact. Chair Baney said the City has used previous funds for this kind of purpose very well, which resulted in a productive industrial park. Commissioner DeBone asked if any of the taxing districts object. Ms. Richards said that her intent is to get 100% support. At this point there have been no objections. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 9. Before the Board was Consideration of Signature of Resolution No. 2011-022, Requesting the Oregon Fish & Wildlife Commission to Designate Land in Deschutes County Zoned Forest Use as Eligible for Wildlife Habitat Special Assessment. Laurie Craghead stated that Mr. Kanner developed this Resolution. Mr. Kanner said that a property owner had asked why he could not participate in this program, which is administered by the Oregon Department of Fish & Wildlife. The Board met with the ODF&W and held a hearing to get community input. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 5 of 11 Pages Mr. Kanner then briefly explained the requirements and benefits of participation. This adds forest zoned properties to the EFU properties already eligible to participate, but the ODF&W decides what properties can take part. Ms. Craghead added that some time ago the ODF&W notified the Assessor that a property was to be removed, and the County had no option but to do what they are instructed to do by the State. A suit was filed, and as a result the County had to add the property back to the list. The taxing districts will be liable for any associated costs. However, the County has no jurisdiction on how this should happen and no way to prevent it from happening in the future, since the program is under the sole jurisdiction of the ODF&W. Chair Baney asked about reexamining the issue in a year or two. Ms. Craghead said that there is no right to opt out unless economic hardship can be proven, so this does not have to be a part of the Resolution. Mr. Kanner said that if the Board wants this included, the Board needs to provide exact language in the Resolution. Ms. Craghead will draft proposed language for the Board to review. This will discussed further at the Board work session at 1:30 today. 10. Before the Board was Consideration of (1) First and Second Readings, by Title Only, and Adoption by Emergency, OR (2) First Reading, by Title Only, of Ordinance No. 2011-010, Repealing Ordinance No. 2008-019. Todd Cleveland provided a brief overview of the item, which is connected to the next agenda item (#11) as well. Ms. Craghead said that one version of the Ordinance has a `whereas' clause that does not belong. If adopted without an emergency clause, the language will have to be corrected before signature. Ms. Craghead said a non-emergency approval would take over 90 days to be effective. There is litigation related to this Ordinance, so a continuation of the lawsuit would be required. An emergency vote requires a unanimous vote of the Commissioners present. Mr. Cleveland said that coordination with the DEQ still needs to take place as well. DEBONE: Move first and second readings by title only of Ordinance No. 2011- 010. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 6 of 11 Pages Chair Baney then conducted the first and second readings by title only of Ordinance No. 2011-010, declaring an emergency. DEBONE: Move adoption of Ordinance No. 2011-010. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 11. Before the Board was Consideration of (1) First and Second Readings, by Title Only, and Adoption by Emergency, OR (2) First Reading, by Title Only, of Ordinance No. 2011-012, Repealing Ordinance No. 2009-022. DEBONE: Move first and second readings by title only of Ordinance No. 2011- 012. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Chair Baney then conducted the first and second readings by title only of Ordinance No. 2011-010, declaring an emergency. DEBONE: Move adoption of Ordinance No. 2011-012. BANEY: Second. VOTE: DEBONE: Yes BANEY: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. DEBONE: Move approval, with the exception of the minutes (to be considered at the afternoon work session). BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Consent Agenda Items 12. Signature of Order No. 2011-005, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Its Sale Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 7 of 11 Pages 13. Signature of Document No. 2011-145, a Release of Use Restriction/Reversionary Interest and Quitclaim Deed 14. Signature of Document No. 2011-113, a Lease Extension for Office Space for the Latino Community Association 15. Signature of Resolution No. 2011-019, Appropriating a New Grant in the Behavioral Health Fund 16. Signature of Resolution No. 2011-020, Transferring Appropriations in the Sheriff's Office Fund 17. Signature of Resolution No. 2011-024, Transferring Appropriations in the Solid Waste Fund 18. Signature of Resolution No. 2011-025, Transferring Appropriations in the Solid Waste Capital Projects Fund 19. Signature of Resolution No. 2011-026, Transferring Appropriations in the Behavioral Health Fund 20. Approval of Economic Development Grant Requests: • Neighbor Impact - Veterans support services grant application for consultant services. The Commissioners granted $200 each. • Oregon High School Equestrian Teams, Inc. - State championships. The Commissioners granted $500 each. • Serendipity West Foundation - Challenge Day at Mountain View High School. The Commissioners granted $500 each. • Nativity Lutheran Church - Backpacks in Bend. Commissioner DeBone granted $1,000; Commissioners Baney and Unger granted $500 each. • Deschutes County Children & Families Commission - Week of the Young Child 2011. Commissioner Baney granted $500; Commissioners Unger and DeBone granted $1,000 each. • Tri-County High School Rodeo Club - Tri-County High School Rodeo. Commissioners DeBone and Unger granted $500 each. • Deschutes Public Library Foundation - A Novel Idea: Read Together. Commissioners DeBone and Baney granted $500 each. • Volunteer Connect - Volunteer Connect Outreach. The Commissioners granted $500 each. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 8 of 11 Pages 21. Approval of Minutes: • Work Session of February 2,16 and 23; March 2 & 9 • Business Meeting of February 23; March 9 CONVENED AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 22. Before the Board was Consideration of Signature of Resolution No. 2011-017, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 23. Before the Board was Consideration of Signature of Resolution No. 2011-016, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 24. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks), in the Amount of $28,454.85. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 9 of 11 Pages CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 25. Before the Board was Consideration of Signature of Resolution No. 2011-018, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan. DEBONE: Move approval. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 26. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District (two weeks), in the Amount of $2,944.40. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 27. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks), in the Amount of $1,439,417.57. DEBONE: Move approval, subject to review. BANEY: Second. VOTE: DEBONE: Yes. BANEY: Chair votes yes. 28. ADDITIONS TO THE AGENDA None were offered. Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 10 of 11 Pages Being no further discussion, the meeting adjourned at 11:15 a.m. DATED this 3 6 e~',' Day of YH d-It C''`- 2011 for the Deschutes County Board of Commissioners. Tam an y, Chair ATTEST: Recording Secretary Anthony DeBone, Vice Chair Alan Unger, Commissioner Minutes of Board of Commissioners' Business Meeting Wednesday, March 23, 2011 Page 11 of 11 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, MARCH 23, 2011 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Signature of Resolution No. 2011-023, Declaring Sole Source Procurement for the Central Oregon Regional Communications Migration Plan (Sheriff Radio System) - Darryl Nakahira and Jon Sholes, Sheriff's Office Suggested Motion: Move signature of Resolution No. 2011-023. 3. CONSIDERATION of Signature of Resolution No. 2011-027, Authorizing Participation in the 2011-13 Oregon Community Dispute Resolution Grant Program -Judith Ure, Administration Suggested Motion: Move signature of Resolution No. 2011-027. 4. CONSIDERATION of Board Signature of a Notice of Intent to Award Contract Letter for Construction of Tenant Improvements at the Deschutes County Jail - Susan Ross, Property and Facilities Suggested Motion: Move signature of the Notice of Intent to Award Contract Letter to HSW Builders. Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 1 of 9 Pages 5. CONSIDERATION of Board Chair Signature of Document No. 2011-162, a Memorandum of Understanding regarding the Deschutes Basin Native Plant Seedbank -Dan Sherwin, Road Department Suggested Motion: Move Chair signature of Document No. 2011-162. 6. CONSIDERATION of First Reading by Title Only of Ordinance No. 2011-011, a Defensible Space Ordinance for Unprotected Lands in Deschutes County - Joe Studer, County Forester Suggested Motion: Move first reading of Ordinance No. 2011-011. 7. CONSIDEATION of Signature of Document No. 2011-153, the 2011 Exchange Agreement with ODOT regarding Surface Transportation Program Funding - George Kolb, Road Department Suggested Motion: Move signature of Document No. 2011-153. 8. CONSIDERATION of Signature of Resolution No. 2011-015, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan - Dave Kanner, County Administrator; Heather Richards, City of Redmond CDD Suggested Motion: Move signature of Resolution No. 2011-015. 9. CONSIDERATION of Signature of Resolution No. 2011-022, Requesting the Oregon Fish & Wildlife Commission to Designate Land in Deschutes County Zoned Forest Use as Eligible for Wildlife Habitat Special Assessment - Laurie Craghead, County Counsel Suggested Motion: Move signature of Resolution No. 2011-022. 10. CONSIDERATION of (1) First and Second Readings, by Title Only, and Adoption by Emergency, OR (2) First Reading, by Title Only, of Ordinance No. 2011-010, Repealing Ordinance No. 2008-019 - Todd Cleveland, Community Development; Laurie Craghead, County Counsel Suggested Motion: As determined by the Board. Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 2 of 9 Pages 11. CONSIDERATION of (1) First and Second Readings, by Title Only, and Adoption by Emergency, OR (2) First Reading, by Title Only, of Ordinance No. 2011-012, Repealing Ordinance No. 2009-022 - Todd Cleveland, Community Development; Laurie Craghead, County Counsel Suggested Motion: As determined by the Board. CONSENT AGENDA 12. Signature of Order No. 2011-005, Declaring Certain Deschutes County Personal Property Surplus, and Authorizing Its Sale 13. Signature of Document No. 2011-145, a Release of Use Restriction/Reversionary Interest and Quitclaim Deed 14. Signature of Document No. 2011-113, a Lease Extension for Office Space for the Latino Community Association 15. Signature of Resolution No. 2011-019, Appropriating a New Grant in the Behavioral Health Fund 16. Signature of Resolution No. 2011-020, Transferring Appropriations in the Sheriff's Office Fund 17. Signature of Resolution No. 2011-024, Transferring Appropriations in the Solid Waste Fund 18. Signature of Resolution No. 2011-025, Transferring Appropriations in the Solid Waste Capital Projects Fund 19. Signature of Resolution No. 2011-026, Transferring Appropriations in the Behavioral Health Fund 20. Approval of Economic Development Grant Requests: • Neighbor Impact - Veterans support services grant application for consultant services. The Commissioners granted $200 each. • Oregon High School Equestrian Teams, Inc. - State championships. The Commissioners granted $500 each. • Serendipity West Foundation - Challenge Day at Mountain View High School. The Commissioners granted $500 each. • Nativity Lutheran Church - Backpacks in Bend. Commissioner DeBone granted $1,000; Commissioners Baney and Unger granted $500 each. Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 3 of 9 Pages • Deschutes County Children & Families Commission - Week of the Young Child 2011. Commissioner Baney granted $500; Commissioners Unger and DeBone granted $1,000 each. • Tri-County High School Rodeo Club - Tri-County High School Rodeo. Commissioners DeBone and Unger granted $500 each. • Deschutes Public Library Foundation - A Novel Idea: Read Together. Commissioners DeBone and Baney granted $500 each. • Volunteer Connect - Volunteer Connect Outreach. The Commissioners granted $500 each. 21. Approval of Minutes: • Work Session of February 2,16 and 23; March 2 & 9 • Business Meeting of February 23; March 9 CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT #1 22. CONSIDERATION of Signature of Resolution No. 2011-017, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan Suggested Motion: Move signature of Resolution No. 2011-017. CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 23. CONSIDERATION of Signature of Resolution No. 2011-016, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan Suggested Motion: Move signature of Resolution No. 2011-016. 24. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District (two weeks) Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 4 of 9 Pages CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 25. CONSIDERATION of Signature of Resolution No. 2011-018, Approving an Amendment to the Redmond Downtown Urban Renewal Area Plan, Extending the Area within the Plan Suggested Motion: Move signature of Resolution No. 2011-018. 26. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District (two weeks) RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 27. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County (two weeks) 28. ADDITIONS TO THE AGENDA 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), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. 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. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place 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) Monday, March 21 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 5 of 9 Pages Tuesday, March 22 9:30 a.m. Senator Wyden Town Hall Meeting, Bend Senior Center 5:30 p.m. Bethlehem Inn Stakeholder Reception, Kayo's Restaurant, 3rd St. Wednesday, March 23 7:30 a.m. Legislative Update (conference call) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 24 2:00 p.m. Department Update - Sheriff's Office Monday, March 28 10:00 a.m. 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, March 29 6:00 p.m. Public Hearing on the Proposed County Comprehensive Plan - Board Hearing Rooms Wednesday, March 30 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, March 31 9:00 a.m. Department Update - Road Department 10:00 a.m. Department Update - Solid Waste Department 11:00 a.m. Department Update - Health Services Department 6:00 p.m. Public Hearing on the Proposed County Comprehensive Plan - La Pine Senior Center Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 6 of 9 Pages Monday, April 4 10:00 a.m. Board of Commissioners' Meeting - includes a Public Hearing on the Proposed County Comprehensive Plan 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. LPSCC Meeting (Local Public Safety Coordinating Council) Tuesday, April 5 12:00 noon Family Access Network Meeting, St. Charles Medical Center 6:00 p.m. Public Hearing on the Proposed County Comprehensive Plan - City of Sisters Council Chambers Wednesday, April 6 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 7 8:00 a.m. Regular Joint Meeting with Sisters City Council, Sisters City Hall Wednesday, April 13 7:30 a.m. Legislative Update (conference call) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 18 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, April 20 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, April 25 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 7 of 9 Pages Wednesday, April 27 7:30 a.m. Legislative Update (conference call) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, April 28 10:00 a.m. Department Update - Children & Families' Commission Monday, May 2 3:30 p.m. Local Public Safety Coordinating Council Meeting Wednesday, May 4 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, May 11 7:30 a.m. Legislative Update (conference call) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, May 12 7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond City Hall Monday, May 16 - Thursday, May 19 9:00 a.m. Budget Committee Meeting - Departmental Presentations Friday, May 20 7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the City - Bend Country Club 8:00 a.m. (Tentative) Budget Committee Meeting Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 8 of 9 Pages Monday, May 23 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, May 25 7:30 a.m. Legislative Update (conference call) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, May 30 Most County Offices will be closed to observe Memorial Day Wednesday, June 1 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, June 8 7:30 a.m. Legislative Update (conference call) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, June 15 1:30 p.m. Administrative Work Session - could include executive session(s) Friday, June 17 7:30 a.m. Chamber of Commerce Town Hall Breakfast - State of the County 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. Board of Commissioners' Business Meeting Agenda Wednesday, March 23, 2011 Page 9 of 9 Pages cES c ~G ~ oL2 o BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: :g S e►1 Date: Y-2 __r~ Name C Address Phone #s Ezz -176 q S V Z E-mail address ❑ In Favor ❑ Neutral/Undecided Opposed Submitting written documents as part of testimony? F~ Yes E~No If so, please give a copy to the Recording Secretary for the record. TES ~ o0 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest:_ / Date: Name eJ tx- t~ Address 1"~ oDc L o2d23 Phone #s , '5-4j 5_'_3 4:1 - 71C 111P ; E-mail address ~_'r_r In Favor Neutral/Undecided -1 Opposed Submitting written documents as part of testimony? ❑ Yes F] No If so, please give a copy to the Recording Secretary for the record. INN BEARCOM" Wireless Worldwide WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-way Radios Table of Contents Executive Summary 1 Understanding the Narrowbanding Challenge 2 What the FCC Requires 2 Why Spectrum Efficiency is Important . . . . . . . . . . 3 Who is Impacted and What Will It Cost?....... 4 The Conversion Process . . . 4 Start Planning Now . . . . . . 5 Frequently Asked Questions . . . . . . . . . . . 6 WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios Uncferstaad~ngt€he NaGrowbanding;Chaftenge The best.Way to-think,aE out the:Federal Communications Cornmission (FCO~- '44 s `-'nacrowbanding" initiative"for.twa-way,' radios=is to ":put it, in terms of a music concert. `Let's say yot:F.have an eventwhe"re'there are more people who wan Co attend tharkthere' areaickets the concect:pKOmQter in such a case, has two choices The`rasolutrQa- carr be left to the secondary rnarket=ira this,e campie ' th&scalper§,ahd ticket brokersta dictate-thd:orice. otthe=tickets to concert `goers.Or the promoter-can add another concert-clate,,' increasing supply to meet th~.growing demand: ln'this-analogy the FCC;is.like theeeoncert promoter, the. spectrum capacity ishke'tFieaconcert datef and,the, eo'nmeirciak educational, and- government -usecs.ohwo-way radios are-like the concert' goers. The, FCC Wants'to increase the"bapacity or`spectruirr efficiency for,,these,users„and the, "recent. advances°irT two-way radio technology have created "the wherewithar to make avaiENabte" more channels for.wireless.communication =or:to Continue the analogy,, more concert dates. What the FCC Requires 1 The FCCset'the, narrowbanding'initiative in motion in 1992 with j the ultimate objective of increasing capacity and efficiency for the industriallbusiness and publicsafetyradio pools in the private land mobile. radio services category. Specifically, it set forth that 1 all "Part 90" business, educational, industrial, public safety, and .local and state, government two-way radio system licensees currently operating legacy wideband (25 kHz)~voice dispatch or data/supervisory control and :data acquisition radio systems in the 150-174 MHz:(VHF)and- 42.1-512 MHz (UHF) bands must make the transition to, the "narrowband technology (12.5 kHz). - Users,who do not-make theswitch by January 1, 2013; face the Joss; of their communication capabilities. Although the migration deadline seems far off, the FCC is:already moving ahead: 4 "The FCC will not grant applications for new voice operations or applications: to expand-fhe.authorized contour of existing stations., that use 25 kHz_channels 0r* narrowband authorizations will ; be granted a fihe'FCC will, prohibit manufacture or importation of new i equipment that.opefates on-25 kHz channels. This`wil[ reduce i the availability` of new equiprnentforlegacy radio systems and: will.-affect how agencies and companies maintain and,upgrade _ i .older.systems.. i I BEAR Wireless Worldwide "The transition to 12.5 kHz narrowband will result in more spectrum capacity for public safety agencies and commercial users in the VHF and UHF bands by increasing the efficiency of spectrum use." Jamie Barnett, Jr. Chief FCC Public Safety and Homeland Security Bureau "The FCC finally got to a point where it recognized that, with advances in technology, it could create more spectrum and drive potential subscription revenue. The demand was already there." Mark Behrends National Sales Manager LM Business and Industry Icom America WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios Wf~y`,,Spectrum Efficiency`-is Important J, e,purpose of the=FCC narrowbandtng mandate is to promote more efficienf use of the VHF and ,IkHF larid riao6ile radio bands;' says IVtike.Gkay Vice.President for,LMR Sales'at Vertex.SEandard a feading,two-way radio manufacturer. "Currenify,. these bands aFe so cong,ested;that-often there Is not-enougfrspectrum available for (icensees to expand their existing systems,orimpfernentr new -:j systeEns. Requiring licensees:to convert.thetr radio:systems to. operate on harrower channel bandwidths will alfow;'additional channel"s to-exist within the: same spectrum.." SPECTRUM COMPARISON j 1 i i { Narrowbanding allows additional channels to exist in the same spectrum. r j Industry leaders also expect the conversion to narrowband to spark the development and use of new technologies. -The narrowbanding r Inittattve~presbnts,,a-win-wWin-opportunity for everyone,"-notes Jerry { Denham;. President and CEO of BearCom. "We are in constant dialogue -With' our manufacturing partners, who tell us that they are already In-the development stages fora number of new products which wdt'take fulF advantage of the narrowbanded spectrum:' - -I t?enham adds tFtat the litany of new products behind the curtain make It41t..the more Imp6rtantthat business users.engage,a partner that is cl6sely -monitoring technological advances: "The f narrowbanding initiative-,represents a double-edged sword.for those entitles'that rely on, wireless•communications. You.can take ',-1 `advanfageofit,and,become`amuc'Kmore,effcient`user of such ' I technology. Or you carrsimptyignore ;the initiative, wart until -thd last' possible. minute, and squander.the potential'benefits of new. technology:' - The•advantages are,cfear to-the FCC's: Ruth Milkman, who: is Chief of the FCC's Wireless'TeilecomtnunicatfonsrBureau..She_ BEAR Wireless Worldwide "I'm very pleased that the commission has issued a public notice and that they have made it very clear about the consequence of failing to meet the 2013 narrowbanding date. This will assist the coordinators and others in convincing the licensees that they have to take this seriously." Ralph Haller Chairman National Public Safety Telecommunications Council WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios said publictythis summerthat-sh'e envisions that `voice network. cacitycould_`eventually quadruple, enabling users,,irieludin public safes agencies In;pa rcuiar, t`~ take full: advantage, of thercapabilities o£existing technologies to provide high quality. narrowbaid.-voice-communications in these rawer spectrum band. Who is Ctn'pacted'aitc~ fllth'a Will It, Cost? Lan6,fnob le radio,~atso known,as Part'90) systerns. operating, at 25,' ' the blfowing_bi' id's are affected: kHzI-efficienc~C in; VFIF_'150-tT '~ili4~ a UHF: 42'1-5121MHz k Low-bandlhosecoperatmg, below 150 MHz)'are. not affected For usersrwha purchased two=w4)Fradios after,f 998; ~hanee's are those devices alKeady have.-the-abilityto operate._ir both- wide and narrowband modes. The only cost to those users would be .reprogramming and relicensing. Also, depe9ding-on the make~and model of the radioi .the-cost of narrowbandin4i6ould2.be minimal to, 'the user. Ina recent notice; the FCC implored' users to- "assess" current ,;equipment and: start planning.: ``To prepare forthe migration, public safety agencies: should start assessing.their radio systems and :planning far replacements or upgrades; it wrote. "They should inventory their current,equipment to ascertain what can be converted'to 12.5 kHz and what "will need to be reptaced`.before -y January "1, 20131" Most new equipment has the' capability for both 25 kHz and 12.5::kHz operation,,because any VHF/UHFradio equipmentaccepted by the FCG after February 44, 1997j ,had. to- f Lave 12:5 kHz capability.;; The Conversion Process With help from aqualified two=way radio communications" consultant,. users'carf begin the internal business process of budgeting for and procuring any new narrowband-capabte replacement-radios, as weil.as,creatinq a wideband-to-narrowband , - conyersion.'plan>that embraces'the appropriate logistical and., implementation strategies: . The next-step is td apply for the appropriate FCC license This, !however,; is;not Islam dunk, according: to tote FCC: "An agency that 'is licensed: fora,25*Hz wide channel is noV"auaranteed two . BEAR Wireless Worldwide "Most two-way radio manufacturers understand that this is a significant opportunity to increase revenues by selling new products. But it will not be easy, since they are operating in a free market, where the business user has all the power to decide which product to purchase. That's why you will continue to see new advances in radio technology." Hugh Johnston Purchasing and Product Manager BearCom WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios 1,2:5 kHz channel's," the FCG wrote irv its recent notice ,.Licensees ill..have'to justify,to the 'FCC, why they need additional"channels.: Consideration'of applications for new_narrovvband'licenseswill: ? 'folldwthesarne.'process'as-,a. new license application As agencies migrate.to narrow' band-operation, however, the pool of available ;frequencies will increase." Given.the.challengesRa;twd.way radio consultant has,almost, beeomea necessity-If the user already works closely With a 'radio provider, 'he/shemay-not need<to look-any further: An effective consultant.should,be able to?demonstrate:all of the following; attributes: 4 Long history iir;RF communications 1 * Certified technicians and engineers Ability to assist,with FCC frequency coordination, regardless-of I theesize of the user's operation and radio-fleet Start 'Planning Now', Ian. Torok,;Director of Technical'Services at Be-arCom, suggests that users shouldbe.carefuI not towuait until the last minute to develop a mtgratrort plan;to natrowban [f [stems. "As the2013 deadline loorns closer, wireless provrders`will be busy assisting their current t ahd new customers WitK new system designs and new radio j purchases: Alsar; when the-deadline passes and users are caught operating out of complianck, they risk losing their current FCC licenses 4nd reapplying ,can be costly and very time consuming;' say§ Torok:z - ©perating'out aflrcense. rid out of regulation' will be costly. "The FCG has-yet to specify:C?ow much, Torok notes-, I Torok recommends follawing.these steps: :Take ~nt!entory; Revtew current equipment-to determine what can be'eonverted to 1 `2 and what willneed- to be replaced- j before Januaryl, 2013 Most.new equipment has the capability for both 25 kHr and 12 5':kHz. operation because: airy VHF/.UHF {1 radio equipment accepted by' the FGG after February 1.4, 1997; { had to have 1.2:5 kHz capability. Contact:yot c narrowbanding : ;111 consultahtto determine if..your.radio equipment is:capable,of operating .0 the 12:5 kHz.,mode. w : Pevelop. Budget requirements; explore funding options,. and'-,, establish a conversion and Implementation schedule fnciude: studies.to ensure 115 , kHz. operation continue's.to: provide similar INN rAU `I Wireless Worldwide "It's very important for users to know what happens if they don't do this, because we've had questions along that line. The FCC kept its options open in terms of what happens. But the FCC will enforce compliance." Al Ittner Senior Manager of Spectrum and Regulatory Strategy Motorola WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios coverage. Once;you determ' 1n6 possible equipment conversion needs, start developingfundin,g_and conversion} schedules. - Remernbier to coordinate yourconversion with neighboring agencies andforother:affer-ted• brgantzdtions. c)~help mairttairi, continued interoperability: .o _Obtaihi ,new""or rrmodified" fice'nses- In addition toaperating on nafrowbandedr equipment; users must be. properly lrcensecf; t7y `'_-the~C~Cwith..the;c'orr.~ct`ernisstons,ciesignator. Cattact-yo~,r narrov~rbaridirrg'consaftant.forassistance." The?"FC as verji stern in a recent public notrc, e~ about the, " consequences.oi,"riot abiding by.th& narrowbanding initiative, asking,the--followingg q est~on-Maya station that does'r rrat meet "the*Lnuary- ZQ 3; narrowbanding.deadline operate after'-that date.on.a secondary-basis?=a`nd then answering tt: lvo. As,of January 1", 201.3, the Commiss`ion's-rules. will prohibit industriall business.andI-public safety radio pool licensees`in the°150=174 MHz,and 42.1=5.12 MHzbands'from operating with wideband channels.(unless their equipmentmeets the narrowband efficiency. :standard), even. if the license still lists a wideband' emission designator.-,Operation in violation of 'the Commission's rules may subject` licensees to enforcement action, including admonishments, rY o,netaryforfeiteires, andfor.license revocation, as appropriate" ft_tlen offered tFre'.following, cautionary advice to the public safety sector-in particular: "Public safety agencies need to aggressively develop. a strategy-to meet narrowband deadlines to avoid cancellation :of existing wideband FCC authorizations. Although.the- migratiordeadline may seem far off, the long lead time and interim" deadlines make it" necessary for agencies to plan well in. advance BearCom stands ready. to=assist.users with the challenge of migrating`their~two-way: radio systems. to meet the FCC's narrowbanding requirements, whether it be compliance analysis, license preparation and modification, or-equipment upgrades: ~Fregtitentty-Asked,Quesitians . Q ° `IMiIt C rteee( to change-the frequencyband I've beers using to- be compliant rvrtft. the FCG irrandata Q No Narrowbarrding noes not require moving to another 'frequency band t_rcenseesstay on-the same channel cerrter(s)_ but.reduce.the:bandwidth-of`:the channef(s) currently used from.'- 25 kF z to 1 .2:5 kHz` Wireless Worldwide "Users should first verify that they have a current and valid FCC Part 90 radio station license and then create a database of their equipment. This will save time and effort, maximizing the use of the narrowbanding consultant. For those users who need help with the narrowbanding process, BearCom has an on-staff FCC licensing expert and several systems solution specialists who are standing by to assist them." Jerry Denham President & CEO BearCom WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios fl- lf.I need,ta upgrade my7equiprnent, 'do I heed ba-ithplement drgital equipment? - No The 12:5 kHz narrowband equipment is.available irr both analog and. digital formats<Project, 25). After January 1, ' 2013, analog and digital equipment must operate on.a 12:5 kHz channel or.achie-ve.equivalent efficiency. ' What exactly does it mean: to use teehnology:tfratachieves 6 uiualentefficiesrcy @` For voice,applications, the FCC efficiency-standard can be met if equipment either operates on ,a 12:5 kHz channel . ortransmits•at'le'ast•one voice. channel per 12.5 kHz of bandwidth. This means equipment operating on a 25 kHz channel bandwidth is.compliant if, the equipment'supports two or more voice channels. `Q Has;the FCC established.a schedule for mandatory migration t6,6.25. kHz bandwidth? , Q NoJhe FC;C has r of yet, set any date by which licensees 'must operate in &:25 kHz efficiency. Hovucan f determine # I have.a vahd.FCC licensee" Contact BearCortT;headcluarters.aryour local branch for expert advice or assistarfee Q^ If I currently Piave a°hcen'se fora, kHz.chairrrel, Will t -erselwo t5kHz chanrrefs,_ auion.. t ally.be:entitfed to •.10, No. Your X2.5 kHz.eharinel=will remain: on the same channel center. Your current` 2a kHz channel will _not-be_ split into. two 12.5 kHz channels;,YOu will needao justify and apply for the l additional 1`2.5 kHz ckranr<efs tatle'FCC through. a certified . li frequency coordinator, such as BiarCom. j . What:wrfl happen'i'f f Earl to°compfy wrth the FC"G j narrowbanding mandate'?.'Can'I continue, to aperate-at.kHz efficiency on a secondary status after January::;, 20 t 3? No The FCC Will'. prohibit` licensees from.operating;non- ;i d6mpliaat equipment on a secondary basis;, Non=compliance will be considered a viola tion,subject.to'FCC Et forcement4' , Bureau action; which may include:_adirtonishment; monetary fines, and:_loss of license. BEAR ' Wireless Worldwide By January 1, 2013: . All licensees must convert to and operate in at least 12.5 kHz efficiency. . Equipment capable of operating only at 25 kHz efficiency must be replaced. . Existing certified dual-mode (25/12.5 kHz) equipment must have the 25 kHz mode disabled via software. "Embrace the benefits that the FCC's narrowbanding mandates offer you. Narrowbanding is more than just obligatory compliance dates. There are real opportunities to review your wireless communication requirements and enhance system objectives through new technologies and product feature sets that are now available." Mark Crosby President & CEO Enterprise Wireless Alliance WHITE PAPER: Meeting the FCC Narrowbanding Mandate for Two-Way Radios IfVilf i»igratiorr to f 2.%5 kHz change my system coverage 'area? Maybe. Conduct tests during conversion,to ensure yoursystem continues to :provide sirnilar coverage.. Contact BearCom to help ~iou`cletermine if transmitter site~changes.oradditions'wili be-required"to-compensate;for posse e coverage change. Q'-:-(r~otieect~:Ehat theF,CG recentfj~,efimiRateo~ the:inteFi~rr narra banding-deadlines 'that were scheefrileo4 to take effect at the err€t o this year. Vl~hat wasthe FGG;trying: to accompfisfi with,,these deadlines ii7 the first°place?- Q The FCGhad initially decreed that, after 1nuary 1,,201 1, it would nof'g"rarrt applications, for new voice operation,s;or applicationsto expandthe authorized contour of existing stations thatuse 25 kHzchannels::In,addition, it,had planned, after leaf date,'to prohibit the manuifacture or importation of new equipment which operates on 25 kHz channels: The goal was to.reduce the availability of new'equipment for legacy radio systerhs. -1 For more information about meeting the FCC narrowbanding mandate for two-way radios, please contact BearCom at 800.527.1670 or Solutions@BearCom.com. BEAR 1:- Wireless Worldwide dft M070ROLA Authorized Two-Way Radio Dealer O C O _qW. I]& Vertex -gtandard Authorized Dealer BearCom provides a broad line of high-performance wireless BearCom Headquarters communications products, services, and complete mobility P.O. Box 559001 solutions. Founded in 1981, BearCom is America's only nationwide Dallas, TX 75355 serves customers from 26 branch dealer of wireless equipment , offices located throughout the U.S., has several affiliated offices il~~o■~~i around the world, and employs approximately 400 people. For more information, visit www.BearCom.com. ATLANTA, GA DALLAS, TX NASHVILLE, TN SAN DIEGO, CA 800.4176272 800.449.6171 877.454.2327 877706.2327 AUSTIN, TX DENVER, CO NEW YORK, NY & NJ SAN FRANCISCO, CA 800.541.9333 877.312.2327 888.841.3600 800.953.2327 BOSTON, MA DETROIT, MI ORLANDO, FL SEATTLE, WA 877.301.2327 877475.2327 877.640.2327 800.313.2327 CHANTILLY, VA FT. LAUDERDALE, FL PHILADELPHIA, PA ST. PAUL, MN C 2010 BearCom. All rights reserved. The BearCom name 800.955.0003 800.731.2327 877.319.2327 877.650.2327 and logo are registered trademarks of BearCom. The names and logos of any other companies or products mentioned CHICAGO, It. HOUSTON, TX PORTLAND, OR WASHINGTON, OC herein may be the trademarks of their respective owners in 800.900.2327 800.856.2022 868.371.2327 877.895.2327 the United States, Canada, and/or other countries. COLUMBUS, ON LAS VEGAS, NV RIVERSIDE, CA 800.782.5458 800.535.2489 800.314.2327 COSTA MESA, CA LOS ANGELES, CA SACRAMENTO, CA 800.513.2680 800.546.2327 886.612.2330 WPN80710.OK 8 Deschutes County Proposed Defensible Space Ordinance Unprotected Lands March 23, 2011 • For the record, Joe Stutler Deschutes County Forester • Thank you for the time today and the support by the Commissioners and equally important the many citizens, agencies and neighborhoods who have worked with us the last seven years to develop CWPP's and participated with implementing the Oregon Forestland -Urban Interface Fire Protection Act of 1997 (BS-360). • To date we have over 70% voluntary compliance of SB-360 Standards on ODF protected lands and other private lands because of the CWPP's and SB-360 Standards. We have treated over 100,000 acres of private lands throughout the county to provide for defensible space. Equally important the federal agencies have treated over 175,000 acres of public lands in the designated WUI as per the CWPP's. This is no small accomplishment, we have not lost a home to wildland fire (except in the unprotected lands) since 2003. • This ordinance is about the private lands in Deschutes County which are unprotected meaning the ordinance DOES NOT apply to other private lands otherwise protected by either ODF or a fire district or municipality. citation and a penalty of $720 per day the violation exists. 3. Another last case option with this ordinance, if the private land owner refuses to comply with the defensible space ordinance the County Forester may undertake such work necessary to achieve defensible space standards and the private land owner shall be liable for the cost of the work. I will answer any questions at this time. w O N cC a L Y m O m x cu (V C O N _O O N cu ` O cu ° O - o a O U >1 N CL.L Q Q- O .r cu c cn O O Q U) O L CU 0 Q Q O Q Q LL f N O c C cu C >1 J O ~ cu C N O O O =3 cu .c M U) C O O 0 V cu a) C -C CD- Q cu > = •C c c ~O - N N U cn ~ O p E O N ' Q -0 Y E :3 cn C N cu x O E m O p C am U O cn ' :3 O - O p O 2 cn CU >1 Q O E C Q cu E 2 3 _ CL o cn c a> o w co O o co a) N U N ~ U O a N C 6 a' (D p C: 0 N - fl C cu O rl- C d C `O a) a) O L O Q > cm = Q +~•1 x cn Q) X N N j 4 U L O 0 L U) C m C ~ x CU 0) N )-6 (D p 0 cn a) a > ~ 0 cn C: O cu O O m C cu "a N U cn O a) N 2 a O " (D a) p cn N Q c N O U U O O O L O N cn a) x co cu cn O p =3 a CU N ~ ~ ` V N t O C O = C~ O 7 ' C 'p N U C to N N O (u C N O C cu cu C N N L E O N cu men r. m N a~ U cn ~ E (D a? o z a cu - U o n cu cn m 2 cu cn U >1 cn a. c O 0 E L O cn " 07 L 7 H O M N N C O cu ` U Q cu J O N - O :3 p U L C O N H N ti C cu O cn • (n cu U p C Y O L~QI-- r- (y) Q C 67 r r fn _ N O cc _ Q O O O CD CD a) C O C C O O _ E U O cu E C " 0 J cm O O C V t O a) j N- O N M M O O~ M CO E 0 C G^ cQ U Q U O E Y NL3:0;7'a LL U H N Q m N N E cu N in CU `p u (n C) O C: U') L cu c Q N U o a) mUoNmaLL O N N N M Briefing Sheet: Deschutes Land Trust Whychus Canyon Preserve Property Tax Exemption Application Issue: The Deschutes Land Trust is seeking a property tax exemption under ORS 307.115 for its recently-acquired Whychus Canyon Preserve. Organization Background: The Deschutes Land Trust was founded in 1995 to provide community- based conservation within the Deschutes Basin. We are one of three land trusts in Oregon to attain national accreditation, and are a recognized leader in community-based conservation in the Northwest. Our mission is to "cooperate with landowners to conserve land for wildlife, scenic views and local communities." Our work falls within three program areas: Back to Home Waters (conserving and restoring habitat to support reintroduction of salmon and steelhead to upper Deschutes Basin); Working Farms, Ranches, and Forests (conserving working lands); and Community Preserves (conserving properties that include valuable wildlife habitat and can also be used for community education and recreation). Authority: ORS 307.115 Property of nonprofit corporations held for public parks or recreation purposes (reprinted below). Current Property Taxes: $1105 Proposed Use of Property: The Land Trust will manage the Whychus Canyon Preserve for wildlife habitat and public recreational and educational activities. In terms of recreation, this property will provide the only meaningful public access on the 15 mile stretch of Whychus Creek between Sisters and the Crooked River National Grassland. As a further public benefit, we expect our ownership of this property will catalyze the development of a nine-mile trail along Whychus Creek. This trail will attract additional visitors to Central Oregon. On the whole, we believe our management of the property fits squarely within the criteria set out in ORS 307.115(4) (c): (c) The granting authority shall not deny the application solely because of the potential loss in revenue if the granting authority determines that granting the exemption to the property will: (A) Conserve or enhance natural or scenic resources; (B) Protect air or streams or water supplies; (C) Promote conservation of soils, wetlands, beaches or tidal marshes; (D) Conserve landscaped areas which enhance the value of abutting or neighboring property; (E) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, natural reservations, sanctuaries or other open spaces; (F) Enhance recreation opportunities; (G) Preserve historic sites; (H) Promote orderly urban or suburban development; (1) Promote the reservation of land for public parks, recreation or wildlife refuge purposes; or (J) Affect any other factors relevant to the general welfare of preserving the current use of the property. Contact: Please contact Brad Nye, Conservation Director, or Brad Chalfant, Executive Director, with any questions or concerns. The Land Trust phone number is (541) 330-0017. 307.115 Property of nonprofit corporations held for public parks or recreation purposes. (i) Subject to approval by the appropriate granting authority under subsection (4) of this section, the following real or personal property owned or being purchased under contract by any nonprofit corporation meeting the requirements of subsection (2) of this section shall be exempt from taxation: (a) The real or personal property, or proportion thereof, as is actually and exclusively occupied or used for public park or public recreation purposes. (b) The real or personal property, or proportion thereof, as is held for public parks or public recreation purposes if the property is not used for the production of income, for investment, or for any trade or business or commercial purpose, or for the benefit or enjoyment of any private stockholder or individual, but only if the articles of incorporation of the nonprofit corporation prohibit use of property owned or otherwise held by the corporation, or of proceeds derived from the sale of that property, except for public park or public recreation purposes. (2) Any nonprofit corporation shall meet the following requirements: (a) The corporation shall be organized for the principal purpose of maintaining and operating a public park and public recreation facility or acquiring interest in land for development for public parks or public recreation purposes; (b) No part of the net earnings of the corporation shall inure to the benefit of any private stockholder or individual; and (c) Upon liquidation, the assets of the corporation shall be applied first in payment of all outstanding obligations, and the balance remaining, if any, in cash and in kind, shall be distributed to the State of Oregon or to one or more of its political subdivisions for public parks or public recreation purposes. (3) If any property which is exempt under this section subsequently becomes disqualified for such exemption or the exemption is not renewed as provided in subsection (4) of this section, it shall be added to the next general property tax roll for assessment and taxation in the manner provided by law. (4) (a) Real or personal property shall not be exempt under this section except upon approval of the appropriate granting authority obtained in the manner provided under this subsection. (b) Before any property shall be exempt under this section, on or before April 1 of any year the corporation owning or purchasing such property shall file an application for exemption with the county assessor. The provisions of ORS 307.162 shall apply as to the form, time and manner of application. Within 10 days of filing in the office of the assessor, the assessor shall refer each application for classification to the granting authority, which shall be the governing body of a county for property located outside the boundaries of a city and the governing body of the city for property located within the boundaries of the city. Within 6o days thereafter, the application shall be granted or denied and written notice given to the applicant and to the county assessor. In determining whether an application made for exemption under this section should be approved or disapproved, the granting authority shall weigh the benefits to the general welfare of granting the proposed exemption to the property which is the subject of the application against the potential loss in revenue which may result from granting the application. (c) The granting authority shall not deny the application solely because of the potential loss in revenue if the granting authority determines that granting the exemption to the property will: (A) Conserve or enhance natural or scenic resources; (B) Protect air or streams or water supplies; (C) Promote conservation of soils, wetlands, beaches or tidal marshes; (D) Conserve landscaped areas which enhance the value of abutting or neighboring property; (E) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, natural reservations, sanctuaries or other open spaces; (F) Enhance recreation opportunities; (G) Preserve historic sites; (H) Promote orderly urban or suburban development; (1) Promote the reservation of land for public parks, recreation or wildlife refuge purposes; or (J) Affect any other factors relevant to the general welfare of preserving the current use of the property. (d) The granting authority may approve the application for exemption with respect to only part of the property which is the subject of the application. However, if any part of the application is denied, the applicant may withdraw the entire application. (e) The exemption shall be granted for a 1o-year period and may be renewed by the granting authority for additional periods of 1o years each at the expiration of the preceding period, upon the filing of a new application by the corporation with the county assessor on or before April 1 of the year following the loth year of exemption. The assessor shall refer the application to the governing body as provided in paragraph (b) of this subsection, and within 3o days thereafter, the governing body shall determine if renewing the exemption will continue to serve one of the purposes of paragraph (c) of this subsection. Within 3o days after referral, written notice shall be given to the applicant and to the county assessor of the determination made by the governing body. (5) Any nonprofit corporation aggrieved by the refusal of the granting authority to grant or renew an exemption under subsection (4) of this section may, within 6o days after written notice has been sent to the corporation, appeal from the determination of the granting authority to the Oregon Tax Court. The appeal should be perfected in the manner provided in ORS 305.560. The provisions of ORS 305.405 to 305.494 shall apply to the appeals. [1971 c.584 41; 1973 c.214 S1; 1979 c.689 S5; 1987 c•416 g1; 1995 c•79 4118; 1997 c•325 S18] Potential Trail System Whychus Canyon to Alder Springs . 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