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2011-2982-Minutes for Meeting July 27,2011 Recorded 8/15/2011DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 1111111111111111111111111 III III 2031-2882 CLERKDS CJ 201 i-987 081151201108;34;32 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page l 0 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 MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 279 2011 Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; and, for a portion of the meeting, David Givans, Internal Auditor; Tom Anderson. Peter Russell and Todd Cleveland, Community Development; Laurie Craghead, County Counsel; Anna Johnson, Communications; Tom Blust, Road Department, Hillary Borrud of The Bulletin; and approximately 14 other citizens. Chair Baney opened the meeting at 1:33 p.m. 1. Department of Environmental Quality Update. Dick Pedersen and Linda Hayes-Gorman asked for a meeting to discuss items of mutual interest. Mr. Pedersen said they have field offices throughout the State, and try to come to each office for a week at a time to become familiar with local issues. He wants to connect with local government in this manner. Ms. Hayes-Gorman is the eastern region administrator. They are decentralized so they can be closer to the communities they work with. Ms. Hayes-Gorman is the local point of contact. Mr. Pedersen spoke about outcomes from the last legislative session, including issues pertinent to south Deschutes County and northern Klamath County. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 1 of 14 Pages The legislature was all about money, or the lack of it, this time around. Every agency tied to the General Fund had to find ways to cut costs. Their biennium budget went from $400 million to $325 million. A lot of their funds are pass- through from the feds. They also lost about 80 full-time employees. Chair Baney asked if this affects certain areas or programs. Mr. Pedersen said they lost many General Fund programs and since they are highly fee-funded, that affected the budget. Some positions remain but are vacant at this time. Commissioner Unger said Eric Nigg works well with the Deschutes Water Alliance, and they spoke about TMDL's and how to plan for water issues. Mr. Pedersen stated they are shifting their operational strategy and doing a better job of allocating resources and time. Integrated water planning has become very important, and ties in with Fish & Wildlife issues. Water is a challenge and there is a lot of pressure from a variety of users. The Governor is setting up regional solution centers and is seeking people to provide expertise and staffing. The DEQ will appoint someone to be a part of this program. The University system will be assisting with this. There will be five entities involved. He met with part of the Steering Committee and they are making some progress towards recommending decisions. One issue is retesting of some of the wells. He told them they need to be sure they do not create too many expectations in terms of results. Commissioner DeBone stated that he is following this closely and waiting for the group to come up with something. Mr. Pedersen wants the County and DEQ to remain connected on this issue. Commissioner Unger said he heard that August is the right timeline for testing since other testing happened that time of the year. Mr. Pedersen said that they have a top-notch hydrologist working on this. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 2 of 14 Pages Commissioner DeBone stated that there might be a way to come up with some kind of funding to help with this. Chair Baney indicated she wants to know what kind of figures this would involve. Commissioner DeBone said he feels they could come up with $10,000 but he does not know if this is even close. Ms. Hayes-Gorman said she has heard a figure about 50 times that. Commissioner Unger said there are some ideas still out there, such as Sunriver's treatment plan expansion. He wants to see these things stay in the mix. Mr. Pedersen wants to be able to include or consider everything. He does not want to overlook options for smaller areas. Chair Baney said this is not just important to Deschutes County, but also to Klamath County. Mr. Pedersen stated that they have been meeting with the Commissioners there and perhaps can help facilitate some kind of joint process when the time is right. Chair Baney stated that the process is slow but it is significantly better now than it was previously. Mr. Pedersen said that his department is coming to grips with how difficult communications can be. Commissioner Unger added that the issue is very technical and affects people's income, so it is important. Commissioner DeBone asked how the south County septic situation compares to other areas. Mr. Pedersen stated there are issues of high nitrate around the State, Malheur, Umatilla and southern Willamette. This area has not yet been designated. There was a good program years ago, but it has been shrinking more every year. Southern Deschutes and northern Klamath are significant in terms of issues to address but its location, size, scope and level of interest. They continue to keep a presence because of this. Commissioner DeBone stated that at some point there might need to be sewers in rural areas. It makes sense in some places already. Mr. Pedersen said that this is a serious consideration even with the challenges of land use laws. Chair Baney spoke about the so-called `back door' local rule, and how to deal with septic installations that need to happen now. She asked how this is going. Ms. Hayes-Gorman replied that the workload seems to be manageable, with Bob Baggett and the hydrologist. Chair Baney asked if this needs enhancing. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 3 of 14 Pages Tom Anderson stated that things are going fairly well, and they are discussing issues where there is a question, so they can reach consensus without having to go through an appeal situation. It will take some time for recommendations to come out of the committee, as it is very laborious. A brief discussion occurred regarding mine sites and the various associated problems. Criteria around issues such as noise, dust or odor, often becomes challenging. Commissioner Unger said that he believes there can be health issues tied to these problems, depending on the use. Chair Baney stated that there are many things beyond consideration of the Board when making a change in zoning. The dicolite mine is a case in point. She added that there should be a good local government perspective. Sometimes the legislature does not understand but they often have not been involved in local government. Mr. Pedersen agreed that they would have to be involved and work on issues together as partners. Mr. Anderson stated that the dicolite mine (Lower Bridge) is not going away and there will be a number of points to address in the future. The underlying problem that bothers the neighbors is not going away easily. Mr. Pedersen said this is a big consideration whether or not development occurs on the property. Commissioner Unger stated that there could be material over time that would help with covering the dicolite, such as biomass material or hay that is no longer useable, but he realizes this is a huge undertaking. Mr. Anderson said that a priority is a partnership on how to handle this, and also how to partner with other counties. He wants to make sure the DEQ supports these efforts. Mr. Pedersen noted that the DEQ wants to help in any instance with mutual aid or partnering on certain types of work, whenever possible. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 4 of 14 Pages 2. Initial Meeting with Road Maintenance Funding Committee. Chair Baney had the committee members introduce themselves, and explained the Board wants them to fully understand the reasons for their work. There have been a number of recommendations introduced over the years to figure out how to fund critical road maintenance issues. They not only want to increase revenue, but also want to make sure they are doing things in the most cost- effective way already. She wants to make sure the current revenue is being used efficiently before pursuing obtaining additional funding. Commissioner Unger stated that a conversation with the public needs to occur in a way that they can understand and appreciate. For years, Rural Schools funding has been relied upon but it is going away, and avenues to get more revenue are very restricted. They need to refill the money that is being lost. It is a big challenge for every county in the State and beyond. He would like to see Deschutes County develop a roadmap to help the State to take action at some point. Letting roads go does not really save money in the long run. Commissioner DeBone said there is a disconnect. It takes years for roads to decline but it is much more expensive to bring them back at that point. Conrad Ruel asked how Special Road Districts fit into the picture. They are already paying for their roads. Mr. Kanner said that the County does not maintain SRD's. Chair Baney said that many people formed local improvement districts, just to have the County now say it cannot maintain those roads. Perhaps these can still be maintained but at a lower level. Commissioner Unger feels there can be partnerships, when people pay for the services they use. A connection there would help. Perhaps new road districts can help with the management of arterial roads in their area. Mr. Kanner said a special taxing district can be formed for road purposes, but ad valorem taxes now cannot be used for this purpose. This is State law. The primary source of revenue is the state gas tax but it is coming in about 10% below estimates. Vehicles are more efficient and people are driving less. The cost of overlaying roads has, in the meantime, gone up significantly. This problem will likely get worse over time. The increased use of electric and hybrid vehicles is greatly impacting this revenue. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 5 of 14 Pages A lot of options have been provided to the Board, but there might be others that have not been introduced. He suggested that allowing roads to return to gravel is a viable option. He hopes the committee will look at all the options, including those that do not have to do with raising revenue. Todd Taylor said they might have to prioritize high utilization roads and where asphalt makes the most sense; and maybe look at weight limits on some roads that were not built for that kind of use. Having more revenue may not mean you can keep up with the costs. Commissioner Unger said that the cities have issues as well and there may be solutions to help both rural and city. Revenue has to be shared fairly. Gordon Dukes said that maintenance revenue has not been indexed to match the economy. To index it back means a lot more gas tax is needed. Mr. Higuchi stated that the asphalt companies have a good lobby. He asked about using a concrete overlay, which is used in a lot of places and lasts for many years. Competition stabilizes costs. There might be alternatives to asphalt. Roger Olson said they looked at concrete before, but it is hard to get people back on it in a timely manner. They also looked at mixing concrete with asphalt base. Mr. Higuchi indicated they could go with a higher strength concrete to open it quicker. Ask the public if they want to pay more or if they are willing to wait to use it. Chair Baney suggested that perhaps they could discuss alternatives to asphalt. Mr. Taylor provided some history on this issue. He said that asphalt has been reasonable in the past and they could not justify using concrete for a long time. The price of asphalt has risen and concrete lasts longer. Concrete can pay for itself in about 13 years. It can last a lot longer, up to 50 years in some areas. It may be a good alternative for high volume areas. Chair Baney stated that it is okay to be innovative, to prioritize roads and uses, and to consider different materials and the effect on the economy. You cannot talk about road funding every year and nickel and dime people on this problem. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 6 of 14 Pages Jack Holt talked about bicycling. He said there are charges paid through vehicle use that are used to pay for things that are not tied to autos. It is difficult to fund mass transit. The question is, where do funds come from and how are they being spent on roads, or are they spent on other things as well? Mr. Taylor indicated that they have to look at standards. He asked if the County need to maintain roads at the same width. Europe moves things on narrow highways. It is all based on quantity. Maybe some traffic count areas justify narrower roads with weight limits. Skyliners Road is an example - it is not that high traffic but is a big tourist draw. The City should support this road project for economic reasons. Chair Baney said they need to address bicycle use, and maybe this will be just on some roads. Mr. Holt stated that it is important to this area, but there are beneficiaries and users. All need to be a part of the solution; do the users provide any funding or do they just ask for things. A lot of the expense to make things better for cyclists need to be supported by cyclists. Commissioner Unger noted that they do drive as well, and help with capacity issues by not being another car on the road, polluting the air. Mr. Holt asked how wide the overlays are in the cities. This is important if there is a use and it needs to be supported. Mr. Taylor said that road standards have changed to accommodate bikes, adding another eight feet plus striping and sweeping. There needs to be a happy medium. There is a cost to support this use. Chair Baney stated that ODOT has been talking about whether cycling should be encouraged on places like the parkway. Perhaps other roads that are safer to use should be improved instead. She asked what information the group needs. It was suggested that it would be important to have data showing which roads are used the least and what it costs to maintain them. Some might not make any sense. There is a cost to maintain these roads as gravel also. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 7 of 14 Pages Commissioner Unger said that he understands that the savings is not that great to letting roads go, and there is a cost to take them to gravel and maintain them at that point. These findings might be good to share at a state level. Multi- modal freight has been the model, but maybe it cannot be supported. Mr. Higuchi stated that paving companies should know what the costs of asphalt and concrete are. A fair comparison needs to be made, considering the long-term. There needs to be competition to keep costs under control. George Kolb added that high volume areas in a lot of places use concrete. Mr. Higuchi noted that this may not be the answer for every place, but perhaps they should include this option in bids, looking at the long-term. Mr. Holt asked where they go from here. What does the County see in the next ten to twenty years that should be considered, more roads or better roads in places where uses will be higher. Chair Baney said that they have had a moratorium on taking on any more roads for several years, but the big projects started years before that. They cannot count on the Rural Schools dollars anymore. However, the County may have to take on some roads in the future. Mr. Holt asked if the Bend UGB approval will change the County's responsibilities for some roads. Mr. Kanner replied that generally this happens when annexation occurs. Mr. Kolb said that it can depend on the agreement. Mr. Taylor asked if they should look at consolidation of departments, maybe all the public works departments: cities, county and state. They could get better utilization out of equipment and tools. Perhaps representatives of these agencies could talk about a vibrant public works department, in a big picture way, with coordinated services. Chair Baney said that this type of thing is discussed by and is on the work plan for the Oregon Transportation Commission. Chris Doty said that if roads go back to gravel, property owners might be concerned about their property values. What choices would they have to keep their roads in good condition. With fuel-efficient vehicles, gas taxes are going away eventually. There needs to be a long-term strategy for all entities. New funding mechanisms need to start with adequate funding in mind, and be indexed for the future. At some point, it was probably adequate, but did not keep pace. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 8 of 14 Pages Gordon Dukes observed that the roads are mostly okay now and most will not turn to gravel anytime soon. So those savings will not be realized for a long time. Roads will not fall apart immediately. Mr. Higuchi said that from a tax standpoint, combining agencies creates another bureaucracy. Maybe they should increase vehicle registration fees, but those funds need to go to roads and not to mass transit or other uses. Commissioner Unger stated that they need to focus on how to move forward now. Some ideas are good for the future. Public transit is growing and is meeting a need, and has to be supported. It needs a funding source as well. COIC is working on this one. Chair Baney said she would like the group to evaluate foundational information on how the road department works, its needs and costs. They need to prioritize roads, evaluate materials, and look into consolidation and partnering. Mr. Kolb stated that he will see about meeting with someone from ODOT and the City of Bend Public Works. Peter Russell brought up a fee for the use of studded tires. This should be an option. Studs tear up the roads. Also, bicycle use in the County is different. The County does not put in extra width for bicycle use. The wider shoulders are because speeds are higher and people need to be able to pull off the road. Chair Baney asked that they identify roads that should have more width for this purpose if it is economically important. Mr. Kolb said they try to do extra width within standards. They need to know who needs what, and why. Commissioner Unger added that the cities need to provide information to be complete in this view. Chair Baney would like to see them analyze opportunities for fleet management and combining resources. Mr. Taylor said this is not just a local issue, but state and federal. Taxpayers want to know that government is not growing. The way of the future will need ways to best manage work. They need to know if a model is sustainable for five, ten, or twenty years from now. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 9 of 14 Pages The group discussed a timeframe at this point. The budget process begins in March 2012. It would be good to identify cost savings early or prepare for something legislative or a ballot measure. The group needs adequate time to do the job right. They are advisory to the Board if there is a possible policy decision. Mr. Taylor aid it would be nice to know which topics have to be discussed and when. Chair Baney said the first meeting could examine road department funding, what comes in and where it goes. Discussion occurred as to who is on the committee, if others need to be included, how often they should meet and how to stay on point. Chair Baney said the County would provide staff and facilities. It was decided that at least one Commissioner should attend the meetings. Chair Baney said that she wants people involved who won't need a lot of education on the issues, but keep out the perception of anyone benefiting financially from decisions that are made. Perhaps some members would be there in an advisory capacity only and not a voting member. Todd Taylor was asked to Chair the group. It was suggested that someone with a geotechnical background who knows materials and the industry should be included. It was also suggested that the local legislators should be kept in the loop. They need to be aware of the process and the complexity of the issue. Also discussed was including Councilors from the cities. Mr. Holt said the group needs to focus and not go over the same ground repeatedly. They need to do things differently. Shared services is logical since all of the entities have equipment. Those who provide the services and work are not necessarily agents of change. The group decided to meet the second Wednesday of each month at 4:00 p.m., at the County. A notification list of members will be provided. A timeline will be established so as to have as many members attend as possible. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 10 of 14 Pages Other Items. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 3. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $21,640.49 (two weeks). UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H COUNTY SERVICE DISTRICT 4. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $8,179.65 (two weeks). DEBONE: Move approval, subject to review. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 5. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $2,163,923.62 (two weeks). Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 11 of 14 Pages UNGER: Move approval, subject to review. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 6. Before the Board was Consideration of First and Second Readings by Title Only, and Adoption by Emergency, of Ordinance No. 2011-022, Amending Code to Adopt the Updated Fire Code. Laurie Craghead read aloud the changes that are to be made for clarification purposes (Exhibit A to the Ordinance). DEBONE: Move first and second readings by title only of Ordinance No. 2011-022, declaring an emergency, with the changes indicated by staff. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first and second readings, by title only. DEBONE: Move adoption of Ordinance No. 2011-022. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 7. Before the Board was Consideration of First and Second Readings by Title Only, and Adoption by Emergency, of Ordinance No. 2011-023, Adding to and Amending Code to Allow for the County Administrator to Appoint Code Enforcement Officials, and to Adopt Administrative Hearing Procedures for Building and Fire Code Violations. Ms. Craghead reviewed Ordinance No. 2011-023 and the few changes in the wording of the Ordinance and in Exhibit A. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 12 of 14 Pages DEBONE: Move first and second readings by title only of Ordinance No. 2011-023, declaring an emergency, with the changes indicated by staff. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney conducted the first and second readings, by title only. DEBONE: Move adoption of Ordinance No. 2011-023. UNGER: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. The Board then reviewed the economic development grant request from the Deschutes Economic Alliance. Commissioner Unger noted that they have a lot of energy, but no money. He wants to be somewhat supportive. Chair Baney said that there is too much based on friendship in that group. Commissioner DeBone stated that the intent was to support the thousand-day roadmap. Getting a speaker is not really action. Commissioner Unger said they could move forward faster if they have some money. EDCO will not be interested. Commissioner DeBone said they don't need another organization with another office and a phone. Commissioner Unger stated the County needs to show a partnership and support their efforts to life the region up. He will donate $1,000. He feels there will be some success, and hopes that the City of Bend will be more supportive. Commissioner DeBone stated this has to do with structured housing; twenty people with no leader. He will dive into this himself although it is not clear what the money will do. He will start with $1,000. Chair Baney said she would provide $500 to show a partnership. Sometimes it takes seed money to get things going. Minutes of Board of Commissioners' Work Session Wednesday, July 27, 2011 Page 13 of 14 Pages Chair Baney asked about support letters, one of which is for the Three Sisters Scenic Bikeway. Another is a request to support MountainStar Relief Nursery. Another one is a letter regarding the consolidated funding cycle for CFC housing, from Rob Roy of Pacific Crest Housing. There was no funding given for any project in the area. The Oregon Housing Council had sent out a letter that they will be considered for funding. Chair Baney is a member of the group but it is still unclear on how this breaks out. Being no further items discussed, the meeting adjourned at 4:35 p.m. DATED this 0 1-* Day of u--alt 2011 for the Deschutes County Board of Commissioner . (11 Avt,/ Tammy Bane y, Chair ATTEST: Recording Secretary Anthony DeBone, Vice Chair aL-~ u1mr- Alan Unger, Commissioner Minutes of Board of Commissioners' Work Session Page 14 of 14 Pages Wednesday, July 27, 2011 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, JULY 27, 2011 1. DEQ Update - Dick Pedersen & Linda-Hayes Gorman, Department of Environmental Quality 2. Initial Meeting with Road Maintenance Funding Committee 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), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. C CV v+ L i~ v) N a V N U < , `ZZ! o ~1 M N Nr vi V1 Cr> 6,J1 rEL c W Lc - a o - c l VI a S~ t ° z ~ U ~ i s TES w 2~ Department of Administrative Services A Dave Kanner, County Administrator ArA %AA 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 www. co. deschutes. or. us July 21, 2011 TO: Board of Commissioners FROM: Dave Kanner `L- RE: July 27 work session meeting with DEQ Dick Pedersen, director of the Oregon Department of Environmental Quality has requested an opportunity to meet with you to discuss and answer questions about items of mutual interest. This meeting is scheduled for your July 27, 2011, work session. Joining Mr. Pedersen will be Linda Hayes-Gorman, administrator of DEQ's Eastern Region. There is no fixed agenda for this meeting. Rather, DEQ envisions this as an open conversation. Quality Services Performed with Pride DES U -v 2~ Department of Administrative Services Dave Kanner, County Administrator AAA 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 [541) 388-6570 - Fax (541) 385-3202 www. co. deschutes. or. us July 21, 2011 TO: Board of Commissioners FROM: Dave Kanner RE: Work session meeting with road maintenance committee At the Board's July 6 work session, there was informal discussion of who should be appointed to a committee to review future road maintenance options and a request that the first meeting of this committee be a joint meeting with the Board to review the committee's charge. All of the individuals the Board has expressed an interest in appointing have agreed to serve and, as far as I know, all of them will be available to meet with you at your July 27 work session. The individuals identified by the Board are as follows: • Todd Taylor, Taylor Northwest Construction • Steve Runner, Sunriver Resort • Steve Hultberg, Ball Janik, LLP • Andy High, Central Oregon Builders Association • Bill Robie, Central Oregon Association of Realtors • Ben Gordon, 1000 Friends of Oregon • Clay Higuchi, citizen member of Deschutes County Budget Committee • Jack Holt, Murray & Holt Motors, former president, Bend Chamber of Commerce • Rick Allen, city manager, City of La Pine • Tyler Deke, transportation planner, City of Bend (recommendation from City of Bend) • Conrad Ruel, citizen at large • Chris Doty, public works director, City of Redmond I would recommend a minutes motion to formally appoint these individuals to this committee, along with a verbal charge to the committee that can be recorded in the minutes. Because the committee is advisory to the Board, their meetings must be open to the public. There are two other individuals who have expressed an interest in serving on the committee. They can either be appointed to the committee or invited to attend and participate in the discussions but not vote on recommendations. They are: • Mike Williams, an executive with Hooker Creek • Gordon Dukes, a retired Road Department supervisor Quality Services Performed with Pride Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. Specialty Codes and Building Requirements Adopted-Enforcement. 15.04.020. Repealed. 15.04.030. Repealed. 15.04.035. Repealed. 15.04.037. Repealed. 15.04.040. Repealed. 15.04.050. Repealed. 15.04.055. Repealed. 15.04.060. Repealed. 15.04.070. Building Abatement Code-Adopted. 15.04.080. Fire Code-Adopted. 15.04.085. Wildfire Hazard Zones. 15.04.090. Definitions. 15.04.100. Mobile Homes-Placement Permit-Inspection. 15.04.110. Expedited Construction Start. 15.04.120. Mobile Homes-State Certification Required. 15.04.130. Building Permit Issuance-Zoning Conformance-Planning Department Approval. 15.04.140. Industrial/Commercial Structure-Occupancy Certificate Required. 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. 15.04.160. Permit Fees-Adjustments. 15.04.170. Numbers for Addresses- Placement. 15.04.180. Administration-Enforcement. 15.04.190. Conditions Deemed a Public Nuisance. 15.04.200. Violation-Penalty. 15.04.210. Requirement for Water Service From Water Districts. 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. 15.04.010. Specialty Codes and Building Requirements Adopted-Enforcement. In the unineerpemted areas under the jurisdiction of the County, the County shall administer and enforce pursuant to ORS 455.153, the following specialty codes and building requirements as though the specific specialty codes and building requirements were ordinances of the County: A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. C. Temporary parks requirements adopted under ORS 446.105. D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. E. Park and camp requirements adopted under ORS 455.680. (Ord. 201.1-022, §2, 2011; Ord. 96-055 §2, 1996) 15.04.020. (Repealed by Ord. 96-055 1996) 15.04.030. (Repealed by Ord. 96-055 1996) 15.04.035. (Repealed by Ord. 96-055 1996) 15.04.037. (Repealed by Ord. 93-044 1993) 15.04.040. (Repealed by Ord. 96-055 1996) 15.04.050. (Repealed by Ord. 96-055 1996) 15.04.055. (Repealed by Ord. 91-025 1991) Chapter 15.05 1 (04-6/201106) Page 1 of 7 - Exhibit A to Ordinance 2011-022 15.04.060. (Repealed by Ord. 96-055 1996) 15.04.070. Building Abatement Code- Adopted. A. Except as provided in DCC 15.04.070(B), a certain book or publication, a copy of which is on file with the County Clerk, marked and entitled, Uniform Code for the Abatement of Dangerous Buildings, 1994-7 Edition, hereinafter referred to as "building abatement code," is adopted in its entirety as the building abatement code for the unincorporated areas of the County for regulating and controlling the repair, vacation, demolition and abatement of dangerous buildings in the unincorporated areas of the County. The building abatement code adopted and on file in the County Clerk's office is referred to and by this reference made a part of DCC 15.04 as though fully set out in DCC 15.04. B. The Uniform Code for the Abatement of Dangerous Buildings is adopted as amended below: 1. The words "or premises" are inserted after the word "building" under sections 401, 402, 403, 404, 701, 703, 802 and 901; 2. Chapter 9 is amended as follows: Section 901. Account of Expense, Filing of Report: Contents. The Director of the Community Development Department shall keep an itemized account of the expense incurred by the County in the repair or demolition of any building done pursuant to the provisions of section 701(C)3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the Board a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (c) of section 401. Section 902. Report Transmitted to Board-Set for Hearing. Upon receipt of said report, the Board shall fix a time, date and place for hearing said report and any protests or objections thereto. The Board shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appear on the last assessment roll of the County. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour and place when the Board will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Section 903. Protests and Objections- How Made. Any person interested in or affected by the proposed charge may file written protests or objections with the Board at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Section 904. Hearing of Protests. Upon the day and hour fixed for the hearing, the Board shall hear and pass upon the report of the director together with any objections or protests. The Board may make such revision, correction, or modification in the report or the charge as it may deem just; and when the Board is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Board on the report and the charge, and on all protests or objections, shall be final and conclusive. Section 905. Personal Obligation and Lien Against Property. (a) General. The Board may thereupon order that said charge may be made a personal obligation of the property owner and/or assess said charge as a lien against the property involved. (b) Personal Obligation. If the Board orders that the charge shall be a personal obligation of the property owner, it shall direct County Legal Counsel to collect the same on behalf of the County by use of all appropriate legal remedies. (c) Lien. If the Board orders that the charge shall be assessed as a lien against the property, it shall direct County Legal Counsel to take all necessary action to perfect the lien under the provisions of ORS 87. Chapter 15.05 2 (04-6/201106) Page 2 of 7 - Exhibit A to Ordinance 2011-022 Section 906. Lien. (a) Priority. Any lien filed pursuant to this chapter shall have the priority established in ORS 87 for construction liens. The lien shall continue until the principle and all interest due and payable thereon are paid. (b) Interest. Any such lien filed shall bear interest at the then legal rate. Section 907. Foreclosure of Lien. The lien filed pursuant to section 905 of this chapter shall be foreclosed as provided in ORS 87. Section 912. Disbursement of Lien. All money recovered from the sale of the property through lien foreclosure proceedings under ORS 87 shall be paid to the County Treasurer, who shall credit the same to the County general fund. (Ord. 2011-022, ~2, 2011; Ord. 95-005 §1, 1995; Ord. 88-027 §1, 1988; Ord. 83-056 §5, 1983) 15.04.080. Fire Code-Adopted. Unifbf:rn Fire Code., 1994 Edition, State of Ofegon 1996 Amendments, 04;3etive April 1, 1 The 2009 edition of the International Fire Code. as published by the International Code Council and as amended the Office of State Fire Marshal, a copy of which is on file with the County Clerk„ hereinafter referred to as "fire code," hereby is adopted in its entirety as the fire code of the County and incorporated by reference herein regulating for , handling and use of hazafdEms st:ibstmiees, matefials dev4ees, and free nditi ~ f~-tinincAr-P9fater~zc~d iiesehutccaComity;icnd the 4-Fe eode ; adopte l "tig4i fully set atit herein. (Ord. 2011-022, §2, 2011, Ord. 97-024 § 1, 1997; Ord. 93-006 § 1, 1993; Ord. 90-005 §4, 1990; Ord. 86-068 §1, 1986; Ord. 83-056 §6, 1983) 15.04.085. Wildfire Hazard Zones. A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file with the County Clerk. B. Adoption of the Wildfire Hazard Areas map implements the provisions of S etion 26 of The 1998 ITnter-na ional n.,° an Two Fancily Dv.'ellin the Wildfire Hazard Mitigation Section of the Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A). (Ord. 2011-022, ~2, 2011; Ord. 2001-024 § 1, 2001) 15.04.090. Definitions. Whenever appropriate in applying the provisions of DCC 15.04, the following words and phrases are defined as set forth in DCC 15.04.090. "Appointing authority" means the Board of County Commissioners. "Building Department" means the office of the County Building Official or his designee. "Building official" means the person designated by the Board as the Building Administrator. "County" means Deschutes County, a political subdivision of the State of Oregon. "Fire chief' means the applicable chief of any rural fire protection district or the chief of any fire department of a county service district.. "Mobile home" has the meaning provided in DCC Title 18. "Modular or factory-built home" means a factory-built dwelling unit designed to be transported to a site and the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the purposes of DCC 15.04. (Ord. 2011-022, §2, 201.1; Ord. 95-063 § 1, 1995; Ord. 83-056 § 12, 1983) Chapter 15.05 3 (0-4-6/201106) Page 3 of 7 - Exhibit A to Ordinance 2011-022 15.04.100. Mobile Homes-Placement Permit- Inspection. No mobile home shall be occupied within the unincorporated areas of the County without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 95-063 §1, 1995; Ord. 83-056 §7, 1983) 15.04.110. Expedited Construction Start. A. Notwithstanding any other provision set forth in DCC 15.04, the Deschutes County Community Development Department is authorized to allow the commencement and undertaking of certain construction work for certain types of single-family residences served by sewer and certain types of garages prior to the issuance of building permits. The Building Safety Director shall have the discretion to limit the kind of construction project to which DCC 15.04.110 applies and the extent to which such construction can proceed before building permits must be issued. Such discretion shall be exercised in a manner calculated to protect public safety and to limit applicability to projects with a very high probability of gaining ultimate approval under applicable land use and building codes. B. In all cases, owners or their authorized representatives shall have applied for required building permits. Before commencing construction under DCC 15.04.110, owners and any general contractor employed by the owner shall be required to sign a form of agreement with the County, acting by and through the building official or the Director of the Community Development Department or such other persons as the Board may designate, by which the owner and any general contractor agree at a minimum to assume all risks associated with proceeding before building permits are issued, agree to call for required inspections under the applicable building code and to correct any construction deficiencies noted, agree to take remedial action, including but not limited to removal of construction work, in the event that the plans submitted for approval are ultimately not approved by the Community Development Department, and to indemnify the County for any damage suffered by reason of commencing and undertaking construction under DCC 15.04.110. C. Any owner wishing to proceed with construction under DCC 15.04.110 shall apply to the Community Development Department for approval and pay an application fee in an amount determined by the Board. D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110 by any owner or contractor who is a party to such an agreement shall be treated as if it were a violation of a provision of DCC 15.04. Enforcement under DCC 15.04 shall be in addition to any remedies set forth under the Agreement. (Ord. 95-063 §1, 1995; Ord. 91-046 §1, 1991) 15.04.120. Mobile Homes-State Certification Required. No modular or factory-built home shall be located in the unincorporated areas of the County until such modular or factory-built home has been certified by the state as meeting all state requirements. (Ord. 95-063 §1, 1995; Ord. 83-056 §8, 1983) 15.04.130. Building Permit Issuance-Zoning Conformance-Planning Department Approval. No building permit shall be issued for the construction, reconstruction, remodeling, enlargement, alteration, repair or conversion of any dwelling unit containing two or more dwelling units, commercial or industrial structure, or public use structure until plans therefor, including plot plan, are submitted to the Planning Department and approved by it as conforming to the zoning ordinances of the County. (Ord. 95-063 §1, 1995; Ord. 83-056 §10, 1983) Chapter 15.05 4 (04-6/201106) Page 4 of 7 - Exhibit A to Ordinance 2011-022 15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required. No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued. (Ord. 95-063 §1, 1995; Ord. 93-052 §1, 1993) 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. No building permit or mobile home placement permit shall be issued if the parcel of land upon which the building or mobile home is to be erected or located on, or is located on, would be in violation of DCC Title 17, the subdivision title or DCC Title 18, the zoning title. A subdivision shall be deemed to be in violation of the zoning ordinance for the purpose of issuing building permits so long as roads and other improvements remain uncompleted in accordance with the applicable subdivision provisions. (Ord. 95-063 §1, 1995; Ord. 83-056 §11, 1983) 15.04.160. Permit Fees-Adjustments. The fees for permits under DCC 15.04 shall be the fees prescribed by the State Building Codes Agency. The County may set any permit fee at any amount approved by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. Such fees may be waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. (Ord. 2006-002 §1, 2006; Ord. 96-058 §1, 1996; Ord. 95-063 §1, 1995; Ord. 93-006 §1, 1993; Ord. 83-056 §15, 1983) 15.04.170. Numbers for Addresses- Placement. Numbers for addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from a distance of 50 feet. Such numbers or addresses shall contrast with their background and shall be the official address number as assigned the property by the County, the City of Bend, the Redmond Fire District, or the City of Sisters. (Ord. 95-063 §1, 1995; Ord. 83-056 §9, 1983) 15.04.180. Administration-Enforcement. The building official as defined in DCC 15.04 shall administer and enforce DCC 15.04, except that the provisions of the fire code shall be administered and enforced by the applicable fire chief. (Ord. 95-063 §1, 1995; Ord. 83-056 §13, 1983) 15.04.190. Conditions Deemed a Public Nuisance. Any act or condition which is in violation of any of the provisions of DCC 15.04, which is committed, continued or permitted, is declared to be a public nuisance, and the County may, in addition to any other remedies provided by law, institute the proceedings for the enforcement of DCC 15.04. (Ord. 95-063 §1, 1995; Ord. 83-056 §18, 1983) 15.04.200. Violation-Penalty. A. , FepaiF. Move. . , building, eonveft, demolish, equip, use, eeeapy of maititain any s4ueWfe of mobile home in the unifteofpofated afeas of the County, of eatise the same to be . County pursuant to QRS 455.1537 Violation of any provision of DCC 15.04, any specialty code or building code requirement administered by the County_hursuant to ORS 455.153, or the fire code is a Glass A violation. Chapter 15.05 5 (04-6/201106) Page 5 of 7 - Exhibit A to Ordinance 2011-022 B . . A person liable administered by the Geuf4y pursua,-A to ORS 4,45.153 is a Class A for prosecution under I:)CC 1.16.01.5(C) for a violation of DCC 15.04 or any code adopted therein is also subject to a civil penalty not to exceed $720.00 per day the violation exists C. The building official may initiate proceedings to assess a civil penalty fy violation of this chapter or codes adopted herein except for violations of the fire code. D. A fire chief is authorized to assess a civil penalty for a violation of the fire code. E. A civil penalty for a violation under a building inspection program may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. I,. "Che building official, a building inspector. or a fire chief may not serve as a hearings officer in proceedings to assess civil. penalties under chapter 1.17 of this code. G. A fire chief is authorized to issue citations that char<re a person with a violation of the fire code. (Ord. 2011-022, §1, 2011; Ord. 2003-021 §31, 2003; Ord. 96-055 §2, 1996; Ord. 95-063 §1, 1995; Ord. 83-056 §17, 1983) 15.04.210. Requirement for Water Service from Water Districts. A. All new buildings requiring water service that are located within the boundaries of a domestic water supply district, water authority, joint water and sanitary authority or county service district ("district") shall be connected to and served by the district's facilities unless an alternate domestic water source is approved in writing by the district. 1. All building permit applications for new construction requiring an individual domestic water source located within a district shall include a written statement from the district on a form provided by the Community Development Department stating that the district will provide water service or that the subject building is not required to receive water service from the district. 2. This provision is not applicable to properties with an existing individual domestic water source. B. If the applicant is unable to obtain approval of the appropriate district within 15 days of submission to such district, the applicant shall provide written notification to the Community Development Department ("CDD") and, thereafter, CDD shall notify the district by certified mail that any objections to the issuance of the building permit must be filed with CDD within 15 days of the date of the notice or failure to respond shall be considered to be an approval of the proposed water source. (Ord. 2002-011 § 1, 2002) 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. A. All water supplies serving as sources of human consumption must comply with the Federal Safe Drinking Water Act, as amended and regulated, as well as Oregon Revised Statutes. B. Irrigation District or System sources do not comply with these regulations, and shall not be permitted as sources of water for human consumption for new construction or structure modifications. 1. Applications for building permits for new construction that include cistern storage for water for human consumption purposes shall require conclusive proof that the source of cistern water is not irrigation water. 2. Construction modifications to existing structures or systems requiring County review and which have cistern storage for water for human consumption shall require conclusive proof that the source of cistern water is not irrigation water. 3. The Deschutes County Building Official shall not issue a building permit for any applicant failing to comply with these provisions. Chapter 15.05 6 (04-6/201106) Page 6 of 7 - Exhibit A to Ordinance 2011-022 4. If a structure or structure modification requiring a water source for human consumption is constructed without the required building permit and the water source is irrigation water, the use shall be a violation of this code provision. C. Existing users of Irrigation District or System water for human consumption may comply with these state and federal regulations by modifying their systems to obtain water from private wells, a public or private water system, or a water hauling service. If existing users do not modify their systems, upon notice of an existing user's non-compliance with the state and federal regulations regarding water supply for human consumption, the County shall notify the appropriate irrigation district. (Ord. 2002-011 § 1, 2002) Chapter 15.05 7 (04-6/201106) Page 7 of 7 - Exhibit A to Ordinance 2011-022 1 Denotes provisions in this chapter remaining unchanged by Ordinance 2011-023. Chapter 1.16. CODE VIOLATIONS AND ENFORCEMENT 1.16.010. Violations Deemed Class A or B Classification-Penalties. 1.16.020. Continuing Violations. 1.16.030. Violation Procedures-Statutory Provisions Adopted. 1.16.032. Base Fine Amounts and Violation Classification for Water Supply, On-Site Sewage, Building Code, Subdivision Regulations and Land Use Regulation Violations. 1.16.035. Search Warrants-Statutory Provisions Adopted. 1.16.040. Other Remedies Not Precluded. 1.16.045. Private Right of Action. 1.16.050. Stop Work or Use Tag Violations. 1.16.060. Continuation of Certain Liabilities. 1.16.070. Code Enforcement Officials-Designation by Bo County Administrator. 1.16.080. Code Enforcement Officials- Appointment Status. 1.16.090. Penalty for False Information on Noise or Animal Control Violation. 1.16.070. Code Enforcement Officials- Designation by Boar-d.County Administrator A. The-Beafd, bit-;County Administrator shall designate individuals, in addition to peace officers, who are employees or agents of the county, to enforce violations of county ordinances. B. Private individuals who commence actions under subsection C of this section are not agents or employees of the county. C. A private person may commence an action for a noise offense under DCC 8.08, or an animal control violation under DCC 6.08 by signing the complaint before a magistrate, clerk or deputy clerk of the court or sheriff's deputy. D. The action commenced by a private person shall be entered in the court record. E. If an ORS 153.045 uniform violation citation form is not used, then a complaint under DCC 1.16.070(B) shall contain a statement that the complainant shall certify, under the penalties provided in DCC 1.16.090, that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. F. A certificate conforming to DCC 1. 16.090 shall be deemed equivalent to a sworn complaint. G. When the complaint is certified by a private person, the court shall cause the summons to be delivered to the defendant. The court may require the County Sheriff's Office to serve the summons as provided in ORS 153.535(1). (Ord. 2011-023 § 1. 2011; Ord. 2008-026 § 1, 2008, Ord. 2007-028 § 1, 2007; Ord.2002-016 §9, 2002; 98- 010 §1, 1998; Ord. 87-005 §1, 1987) 1.16.080. Code Enforcement Officials- Appointment Status. The appointment of a county officer to enforce violations of county ordinances shall be continuous until such appointment is revoked by the Boar- County Administrator or where such officers are employees upon separation from. employment. (Ord. 2011-023 § 1.2011; Ord. 2002-016 §9, 2002; 87-005 §2, 1987) Chapter 1.16 (06/2011) Page 1 of 1 - Exhibit A to Ordinance 2011-023 Chapter 1.17 CODE ENFORCEMENT HEARINGS PROCEDURES 1.17.010. Applicability, exception. 1.17.020. Definitions. 1.17.030. Hearings officers. 1.17.040. Instituting civil penalty proceedings. 1.17.050. Notice of violation and proposed civil penalty. 1.17.060. Service of notice. 1.17.070. Setting the hearing, continuances. 1.17.080. Discovery and disclosure. 1.17.090. Hearings and decisions. 1.17.100. Penalty amounts and other orders by the hearings officer. 1.17.110. Collection of civil penalties. 1.17.120. Final decision. 1.17.010. Applicability, exception. A. Unless another procedure is expressly provided for, this chapter governs the procedure for the assessment of civil penalties authorized by the code. B. In all cases, a civil penalty is in addition to any other legal remedy available to redress violations of the code. C. This chapter does not apply to proceedings before and civil penalties imposed by the Animal Control Board of Supervisors. (Ord 2011-023 §2, 2011) 1.17.020. Definitions. As used in this chapter, unless the context requires otherwise: Notice means the notice of violation and proposed civil penalty issued to a violator under DCC 1.17.040. Violator means a person to whom a notice has been issued. Hearings officer means a person designed under DCC 1.17.030 to adjudicate civil penalty proceedings. Code enforcement official means a person designated as such under DCC 1. 16.080 or in the case of enforcement of the Fire Code, a fire chief or the fire chief s designee. County means Deschutes County. Proceedings to enforce provisions of the Fire Code pursuant to this chapter shall be commenced in the name of the County. Person means any individual, partnership, corporation, or association. Chapter 1.17 1 (06/2011) Page 1 of 7 - Exhibit B to Ordinance 2011-023 1.17.030. Hearings officers. A. The Board of County Commissioners shall designate one or more hearings officers to adjudicate civil penalty proceedings under this chapter. B. Hearings officers may administer oaths in connection with their duties as hearings officers. (Ord 2011-023 §2, 2011) 1.17.040. Instituting civil penalty proceedings. A. Civil penalty proceedings may be instituted by the county official responsible for administering the county code provisions believed to be violated, a peace officer, or any other person specifically authorized by ordinance to institute civil penalty proceedings. B. Civil penalty proceedings are instituted when a notice of violation and proposed civil penalty is served on the violator as required by this chapter. (Ord 2011-023 §2, 2011) 1.17.050. Notice of violation and proposed civil penalty. A. The notice of violation and proposed civil penalty shall be on a form approved by Deschutes County Legal Counsel. B. Notices shall contain the following: 1. The name of the violator; 2. The section or sections of the code allegedly violated. If the applicable county code section(s) incorporate a state statute, rule, uniform code (such as the building code), or other source of law, the notice shall also contain citations to the sections of the applicable code, statute, or rule; 3. A brief description of the violation in such a manner as can be readily understood by a person making a reasonable effort to do so; 4. The date or range of dates for which the violator is believed responsible for the violation; 5. The location of the violation; 6. The amount of the proposed civil penalty; 7. Statements which advise the violator, in ordinary, nontechnical language of the following: a. The violator's right to a hearing; b. The date, time and location of the hearing; c. The procedures for requesting that the hearing be rescheduled; d. The procedures at the hearing; e. The requirement that the violator appear in person at the hearing or submit a written statement in lieu of appearing in person; f. That if the violator does not appear in person at the hearing or does not submit a written statement in lieu of appearing in person: i. the full amount of the proposed civil penalty will be assessed; ii. the violator will be ordered to correct the violation; iii. Failing to pay a civil penalty or correct a violation after having been ordered or required to do so is a separate violation of the code and subjects the violator to Chapter 1.17 2 (06/2011) Page 2 of 7 - Exhibit B to Ordinance 2011-023 additional civil penalties, court action, liens, garnishments, interest charges, and other involuntary collection remedies. 8. The date the notice was issued; 9. The address at which the violator may submit to the county written materials related to the notice; and 10. The name, title, and signature of the person issuing the notice. C. Corrections. 1. Any errors or omissions in the notice may be corrected at the hearing or at any time prior thereto. 2. The violator is entitled to be notified of any amendments or corrections to the notice. D. A violator claiming that an error or omission in the notice constitutes a defense or that the notice should be set aside shall advise the hearings officer of the claimed error or omission prior to the close of the hearing and request the notice be set aside. 1. Failure to request that the hearings officer set aside the notice due to an error or omission constitutes a waiver and will be an absolute bar to raising the issue at any later time or on appeal. 2. A notice may be set aside by a hearings officer only if the violator is prejudiced by the error or omission. 3. If the hearings officer sets aside a notice due to an error or omission, the county may reinstitute civil penalty proceedings based upon the same conduct, condition, or circumstance alleged in the notice which the hearings officer set aside. E. Legal Counsel may approve a form that contains information in addition to the information required by subsection (B) of this section. (Ord 2011-023 §2, 2011) 1.17.060. Service of notice. A. Service of a notice of violation shall be accomplished in any manner reasonably calculated, under all the circumstances, to apprise the violator of the existence and pendency of the proceedings and give the violator an opportunity to appear and defend. B. The violator may be served with the original notice or a copy thereof. 1. Copies need not be certified true copies. 2. The following methods of service are presumed to be reasonable under subsection (A) of this section: a. By personal delivery of the notice on the violator; b. By mailing the notice to the violator by first class mail and by any of the following: certified, registered, or express mail. i. Mail sent certified, registered, or express mail shall be sent with return receipt requested. ii. For purposes of this section "first class mail" does not include any form of mail which may delay or hinder actual delivery of mail to the addressee; c. By personal service on a registered agent, officer, director, general partner, or managing agent of a corporation, limited partnership or personal service upon any clerk on duty in the office of the registered agent; Chapter 1.17 3 (06/2011) Page 3 of 7 - Exhibit B to Ordinance 2011-023 d. By posting a copy of the notice in a conspicuous location upon the apparent main entrance to the dwelling or property and by mailing first class mail copies of the notice to the property and the address of the owner currently on file with the county tax collector. C. Service shall be deemed complete when personal service is accomplished or in the case of posted or mailed service the date on which the violator signs a receipt for delivery or 7 days after the mailing, whichever occurs first. (Ord 2011-023 §2, 2011) 1.17.070. Setting the hearing, continuances. A. The date, time and location of the hearing shall be set forth on the notice of violation. B. The county or the violator may request that the hearing be rescheduled. C. Requests by the violator to reschedule must be in writing and delivered to the county at the address designated on the notice. D. Except as otherwise provided in this section, requests to reschedule may be delivered by facsimile transmission, but not by e-mail. E. Requests to reschedule the hearing must be made at least 2 business days prior to the hearing date. F. Requests by the County to reschedule the hearing. 1. Requests by the County to reschedule the hearing must be made in writing to the hearings officer with a copy served upon the violator. 2. If the county's request to reschedule is made 7 days or more prior to the hearing, the County may serve the violator by first class mail, otherwise, service must be made in accordance with DCC 1.17.060. 3. Requests by the County to reschedule must include reasons for the request and the violator's position on the request. 4. If the County was unable to contact the violator for his or her position, the request must state the efforts made to obtain his or her position. G. Decisions on requests to reschedule the hearing submitted within 60 days from the date the notice of violation is served will be made by the following officials: 1. For violations of the building code, decisions regarding whether or not to grant violator's request to reschedule a hearing shall be made by the building official or the building official's designee. 2. For violations of the fire code, decisions regarding whether or not to grant violator's request to reschedule a hearing shall be made by the fire chief for the district in which the violator's real property is located or the fire chief s designee. H. Decisions on requests to reschedule the hearing submitted more than 60 days from the date the notice of violation is served will be made by the hearings officer. 1. Decisions on reschedule requests. 1. The person making the decision on the rescheduling request shall consider only the violator's written request to reschedule and information within the file which is available to the violator. 2. The decision denying the request to reschedule must contain a brief statement of the reasons for the denial. Chapter 1.17 4 (06/2011) Page 4 of 7 - Exhibit B to Ordinance 2011-023 3. A decision granting a rescheduling request shall contain the date, time and location of the rescheduled hearing 4. Decisions on rescheduling requests will be mailed to the violator by first class mail. (Ord 2011-023 §2, 2011) 1.17.080. Discovery and disclosure. Discovery in proceedings under this chapter is governed by ORS 135.805 to 135.873. (Ord 2011-023 §2, 2011) 1.17.090. Hearings and decisions. A. The hearings officer shall preside over hearings under this chapter and may set reasonable rules of procedure designed to facilitate orderly and efficient presentation of evidence provided the rules do not conflict with this chapter. B. Except as otherwise provided in this section, the violator must appear in person at the hearing. C. If the violator is an individual, he or she may submit a written statement in lieu of personal appearance in accordance with subsection (E) of this section. D. Violators who are not individuals must designate a director, officer, managing agent, member, or employee who has the authority to act on the violator's behalf and to give sworn testimony on the violator's behalf. 1. The designee must appear in person at the hearing. 2. The hearings officer may require the designee to testify under oath to establish his or her authority. E. Statements in lieu of appearance. 1. A written statement in lieu of personal appearance must be signed by the violator or on behalf of the violator and received by the county at the address on the notice at least one business day prior to the hearing. 2. Statements may be delivered via facsimile transmission, but not by email. F. Except as provided in subsection (K) of this section, all testimony must be given under oath. G. Hearings on notices involving the same person or persons, the same parcel of property, or common issues of fact or law may be consolidated and heard in a single proceeding; 1. The Oregon Rules of Evidence do not apply to hearings conducted pursuant to this chapter. 1. Any relevant evidence shall be admitted if it is of the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. 2. Although relevant, evidence may be excluded if the hearings officer determines its probative value is substantially outweighed by considerations of undue delay or needless presentation of cumulative evidence. The county may be represented by a fire chief for violations of the Fire Code, by a code enforcement official for violations of other than the Fire Code, by legal counsel or assistant legal counsel, by a peace officer, or by any person so authorized by a county department head or fire chief. K. Violator represented by an attorney. Chapter 1.17 5 (06/2011) Page 5 of 7 - Exhibit B to Ordinance 2011-023 1. The violator may be represented by an attorney licensed to practice law in Oregon or may represent himself. 2. The appearance of an attorney does not alter the requirement that the violator be personally present at the hearing. L. If the violator has personally appeared at the hearing or timely delivered a written statement in lieu of personal appearance, the county shall proceed first and have the burden of establishing the violations by a preponderance of evidence. 1. The violator proceeds second and, if personally present, may question the county's witnesses, present testimony and evidence and make argument. 2. If the violator is not personally present, the hearings officer may not consider any testimony, argument or evidence on behalf of the violator apart from the violator's written statement. 3. The county's representative may question the violator's witnesses. The county may offer rebuttal testimony or argument or both at the discretion of the hearings officer. A Penalty only hearing. 1. If the violator admits the violation and requests to be heard only on the issue of the penalty, the hearings officer may decide to proceed informally and dispense with sworn testimony. 2. In such cases, the hearings officer shall proceed in any manner which provides the county and the violator a full and fair opportunity to be heard on the issue of the penalty. N. If the violator fails to appear at the hearing and has not submitted a written statement in lieu of appearance, the hearings officer shall close the hearing and issue a decision assessing the proposed civil penalty and ordering the violator to correct the violation immediately. 0. Decisions of the hearings officer shall be written and issued within fourteen (14) days from the date of the hearing. 1. A decision is issued when it is mailed to the violator first class mail or delivered to the violator in person. 2. If the preponderance of evidence establishes one or more of the violations alleged in the notice, the decision shall briefly state the facts which constitute each violation. 3. If the preponderance of evidence does not establish one or more of the violations alleged in the notice the decision shall so state. 4. The decision shall advise that the violator may seek judicial review by filing a petition for a writ of review with the circuit court within 60 days of the date of the decision. P. Orders imposing a civil penalty and orders to correct a violation take effect upon personal delivery to the violator or upon mailing, whichever occurs first. (Ord 2011-023 §2, 2011) 1.17.100. Penalty amounts and other orders by the hearings officer. A. The hearings officer shall impose a civil penalty for each violation established. 1. The amount of the civil penalty shall be the amount proposed in the notice of violation unless the hearings officer finds based upon the evidence or statements of the violator that a lesser civil penalty is required to avert an injustice. 2. A decision imposing a lesser penalty shall state with particularity the reasons why a lesser penalty is justified under this section. Chapter 1.17 6 (06/2011) Page 6 of 7 - Exhibit B to Ordinance 2011-023 3. A hearings officer may order the civil penalty be paid immediately or at some other definite time. B. In addition to any civil penalty imposed, the hearings officer shall order the violator to correct each violation. 1. If the violator did not appear at the hearing or submit a written statement in lieu of personal appearance, the order shall require the violator to correct the violation immediately. 2. Otherwise, the violator shall be ordered to correct the violation within a definite period. 3. The hearings officer may order the violator to take specific corrective action if the hearings officer determines that doing so would facilitate compliance with the code. C. A failure to correct a violation as ordered by the hearings officer or pay a civil penalty when due is subject to a civil penalty of up to $500.00 for each day the violation is not corrected or civil penalty is not paid. (Ord 2011-023 §2, 2011) 1.17.110. Collection of civil penalties. A. Unless otherwise ordered by the hearings officer, civil penalties are due immediately. B. Unpaid civil penalties accrue interest at a rate of 9% per annum. C. The county has a lien on the real property where the violation occurred and on any real property in Deschutes County owned by the violator for the amount of a civil penalty plus accrued interest. D. The county may record the hearings officer decision in the county lien records at any time after 60 days from the date the decision was issued. E. The lien referred to in subsection (C) of this section attaches when the decision is mailed or personally delivered to the violator, whichever occurs first. 1. An order granting a violator time within which to pay a civil penalty does not affect the county's lien. 2. In all cases, the lien is for the full civil penalty together with accrued interest regardless of when payment is due. (Ord 2011-023 §2, 2011) 1.17.120. Final decision. The decision of the hearings officer is the final decision of the county. (Ord 2011-023 §2, 2011) Chapter 1.17 7 (06/2011) Page 7 of 7 - Exhibit B to Ordinance 2011-023 ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM ORGANIZATION: Deschutes Economic Alliance ORGANIZATION DESCRIPTION: This organization of local, private sector business and community leaders seeks the implementation of a vision for Deschutes's County's future that utilizes regional strengths, but provides greater economic stability for sustainable growth. The Organization is seeking to collaborate with existing organizations to create and implement a strategy for the community's economic future with the guidance of independent, internationally renowned economic development experts. This strategy will be driven by empirical data with discrete actions for implementation and measureable objective measures of success. Ten different specific working initiatives with teams organized as part of the community will activate and implement specific innovative job creating strategies. The goals for the organization are: • To provide a common vision and collaborative framework for the economic future of Deschutes County • To aid in the diversification of the local economy • To create, attract and develop environmentally and economically sustainable jobs • To encourage innovation and entrepreneurship • To improve the stability and quality of life for community members through the availability of attractive, well-paying jobs • To promote and improve the image and visibility of Deschutes county as a business and family friendly region. PROJECT NAME: 1,000 Days Economic Roadmap PROJECT DESCRIPTION: The Grant will assist in the implementation of specific strategies of the six initial initiatives culminating in a community event - The 100 Day Action Summit, where the teams will report their progress and recommend implementation of one or more specific strategy. PROJECT PERIOD: June 1- October 2011 AMOUNT OF REQUEST: $ 5,000 PREVIOUS GRANTS: • November 2010: Economic Roadmap $2,000 ( $1,000 Unger, $500 Luke, $500 Baney) OVERVIEW OF DESCHUTES ECONOMIC ALLIANCE The Deschutes Economic Alliance (DEA) is a grassroots effort organized by a diverse group of local, private-sector business and community leaders who seek an objective, coherent vision for the economic future of Deschutes County. This group is led by an executive board of dedicated community and business people whose purpose is to create an economic community that is sustainable, diverse and global. DEA was formed in 2010 to identify and launch specific initiatives to help grow and stabilize the region and to eliminate the low expectations of "poverty with a view'. Job growth and reduction in the unemployment rate is a very specific goal. We can and will create new opportunities for Central Oregon. In January of 2011, the DEA joined the Economic Forecast Project and brought globally recognized economic developer, Dr. Delore Zimmerman to Bend for the CERF/Roadmap Conference. At the conference Dr. Zimmerman from Praxis Strategy group presented a 1000 Day Road Map to Economic Recovery. Nearly 400 people participated in the broad based conference and over 150 people signed up to work on specific initiatives to bring about "possibility thinking" and specific job growth initiatives through the implementation of the 1000 day Road Map. As of June, 2011 teams are functioning to address the first three initiatives. Those teams are DURT (delay, uncertainty, regulation and Taxes), the Elite Athletic Initiative and the University and Applied Research and Creative Activities Center. The DEA Executive board is also launching the Systems Built Housing initiative and implementing the Warm Springs Partnership Initiative as well as a Regional Roundtable. All three of these are in the final stages of their first meeting. The purpose of this grants request is to support the efforts of those six teams and guide them successfully to a 100 day Action Summit in the October time period. Specific measureable activities are as follows: • Six Teams each have specific objectives and Missions which will lead to job creation and attraction of industry clusters. This grant will assist in expenses of investigation of opportunities, implementation of specific strategies as well as expenses related to teams in meetings, printing, communication, mailing, etc. (Example: The elite athletic team may require correspondence expense and visits to create a specific outcome for an athletic training facility or research facility that will attract a world class training program for Central Oregon.) ~t - • The 100 Day Action Summit is a specific event with reportable actionable items to be reported by the six team initiatives. Local volunteers will coordinate and produce this event. The Grant will assist in payment for rooms, refreshment, audio visual and overall expenses of holding this community event. Specific actionable items will be presented by each team and recommendations of further action or investigation will be presented by each group. It is estimated that costs around this event will be in the range of $3,000- $5,000. Donations and in-kind donations are expected as well. The purpose of this grant is to support the work of the six teams and a specific outcomes based Action Summit community event where steps to job creation are outlined. If awarded, the project will be implemented immediately. Thousands of hours of volunteer time has and will be invested in the progress of the DEA with the specific goal of creating a High Performance Community. We cannot afford to just wait for a recovery of wood products, tourism and housing. We must take action to re-create our economy and foster new job growth. Our focus and vision is to "create Central Oregon as a thriving economic community, globally connected, a place where things work". Working in partnership with all players and utilizing all skill-sets and perspectives, the outcome for Deschutes County's economic health will be immeasurable. Our current fund raising strategy is being implemented and is being supported by wide community and business support. From donated office space, printing to meeting events sponsored free of charge to actual checks, we have wide funding support going into our 100 day event. Organizational development and funding strategies are in place to support our 1000 day effort and will include grants, community fundraising and business partnerships. Deschutes Economic Alliance Budget Estimated May 2011 May June July August September October November December Year End Ordinary Income/Expense Income Donations Donations - Individuals 0 Donations Fdn & Corp 5,000 5,000 Grants 0 Total Donations 5,000 0 0 0 0 0 0 0 5,000 Other Income Event Rental 0 0 0 0 0 0 0 0 0 Trades 0 0 0 0 0 0 0 0 0 Other Income 0 0 0 0 0 0 0 0 0 Interest Earned 0 Total Income 5,000 0 0 0 0 0 0 0 5,000 Expenses Consulting Delore Zimmerman 25,000 0 0 0 0 0 0 0 25,000 Team Coaches 0 0 0 0 0 0 0 0 0 Total Consultimg 25,000 0 0 0 0 0 0 0 25,000 Administration Postage 500 500 Office Supplies 500 500 Management 0 Staff 0 0 Total Administration 1,000 0 0 0 0 0 0 0 1,000 Marketing and Advertising Marketing 2,000 2,000 Media (Pinnacle) 1,500 1,500 Advertising 2,000 2,000 Brochure 0 Fund Raising 1,500 1,500 Web Development/promotional 1,000 1,000 Total Marketing and Advertising 8,000 8,000 Event Promotion- Action Summit Meeting Room 3,000 3,000 Advertising and Promotion 1,500 1,500 Food/ event activities 1,500 1,500 Total Action Summit Event 6,000 0 0 0 0 0 0 0 6,000 Dues and Subscriptions 0 Insurance 300 300 Licenses & Fees 0 Accounting and Legal 900 900 Other Expenses 0 Other Expenses - Other 0 Total Other Expenses 1,200 1,200 Total Expense 41,200 41,200 Net Income -36,200 0 0 0 0 0 0 0 -36,200 ,-IaI C G 2{ Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes org DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner Tammy Baney Commissioner Alan Unger Commissioner Anthony DeBone All Three Commissioners Date: G-~ D - t r Project Name: Desc~l ~-~s £c n K,,,,.~z G A Al oven c e_ Project Beginning Date: Project End Date: L-6- 3 0-// Amount of Request: 65- . 000 Date Funds Needed: - a o - I J ~hL►-4es ApplicantlOrganizatio esc, 7 - a 6 3 / S`~ n: ~c o n o rnt c ti o, ~„c a Tax ID Address: [36-q U r 1 er rase -bf%. / 03 City & Zip: 16e- APO C) 77 o Z Contact Name(s): I-bcwe,~.CLAJ-15, On a:, r Telephone: sy / 3 9 0 i z, 3~ Fax: Alternate Phone: e w l s Email: e- Moo, C4 11-4 On a separate sheet, please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: Proof of the applicant organization's non-profit status. * Applicant may be contacted dating the review process and asked to provide a complete line item budget. Tammy Baney: Amount: Signature: Anthony DeBone: Amount: Signature: Alan Unger: Amount: Signature: Deschutes Economic Alliance HOME GETINVOLVED ABOUT SPONSORS CONTACT US DE SCHUTES EC0NWf,,1C ALLIANCE 6/5/118:23 PM First 100-Day Jumpstart to Recovery Launched April 27th, 2011 I Author: Editor About the Alliance First Phase of 1,000-Day Economic Recovery Plan The Deschutes Economic Alliance is a Focuses on Six Job-Creating Initiatives grassroots effort organized by a diverse of local group , private-sector Bend, OR -The first phase of the 1,000-day economic recove ry plan of the Deschutes Economic business and community leaders who Alliance (DEA) will be launched on May 1 and will focus six initiatives to transform Central Oregon seek objective, coherent vision from "poverty with a view" to "possibilities with a view." the a for economic future of Deschutes County. The 1,000-Day Roadmap to Regional Transformation Et Economic Vitality lays out a portfolio of strate i f Become a Sponsor g es or regional transformation and economic vitatity. The first phase of the program is the 100-Day Jumpstart to Recovery. During this phase, six teams of community volunteers will explore strategies for sustainable economic recovery and report their progress to the community Mick Here to Become a Sponsor at an Action Summit in August 2011. Subscribe The six initiatives are: Systems-Built Housing Team, to assess the feasibility of developing a systems-built housing industry for the "green" market. Warm Springs Partnership, to develop mutually beneficial business opportunities with the Warm Search Springs Tribe. Applied Research & Creative Activities Center, to develop a center for greater access to professional development and life-long learning opportunities and support public/private research and innovative partnerships. Leadership Roundtable, to improve coordination among business, education, government and Recent Posts civic organizations to facilitate and tackle new and emerging opportunities. First 100-Day Jumpstart to DURT (Delays, Uncertainty, Regulations, Taxes) Task Force, to foster a more business-friendly Recovery Launched environment by eliminating onerous DURT. 1,000 1,000 Day Plan Slides Elite Athletic Initiative, to explore and convert Central Oregon's world-class recreational Economic Forecast Response environment to a job-creating industry. "These initiatives are not pie-in-the-sky academic exercises," said Lawnae Hunter, DEA's Co- Tags Chairman of the Board. "The coal is to pursue achievable economic development solutions that Bend Business Career http://www.deschutesallfance.org/ Page 1 of 3 Deschutes Economic Alliance 6/5/118:23 PM wit( create long-term and sustainable opportunities at all levels of the workforce in Central Community Oregon. Our mission is clear: to foster viable, job-creating businesses and industries that end, FconOMY ese h u tes once and for all, Central Oregon's boom and bust economic cycles." Get Involved Migration News Team leaders for each of these initiatives along with members of the DEA Executive Committee Oregon Presentation Recession Sponsor Taxes are meeting on April 30 for a training session on 'Leadership and Innovative Thinking' led by Les Stiles. At this session, the group will deploy teams, plan strategies and agree upon expectations and outcomes. Individuals wishing to lend their expertise to one of the initiatives should visit the DEA's website: www.deschutesaitiance.org. The 1,000-Day Roadmap was unveiled earlier this year at a meeting attended by more than 300 business and community leaders. The Roadmap was developed with the assistance of Praxis Strategy Group and the Center for Economic Research and Forecasting at California Lutheran University. ABOUT DEA: The Deschutes Economic Alliance is a grassroots effort organized by a diverse group of local, private-sector business and community leaders who seek an objective, coherent vision for the economic future of Deschutes County. DEA was formed in 2010 to identify and launch initiatives to help grow and stabilize the region. DEA is an all-volunteer initiative guided by Deschutes County's business and community leaders. Posted in Press Releases i I No Comments 1,000 Day Plan Slides February 1st, 2011 1 Author: Editor Many of you that attended the forecast event have asked for a copy of Delore Zimmerman's presentation, so we are posting it here. You can Deschutes County 1,000 Day Roadmap. Posted in News I No Comments Economic Forecast Response January 29th, 2011 1 Author: Editor By most accounts the Central Oregon Economic Forecast was a great success. Below are a handful of local news reports covering and commenting on the event: http://www.deschutesalliance.org/ Page 2 of 3 Deschutes Economic Alliance High Desert Economy: Hope Amid Struggles KTVZ - Kim Tobin - Hundreds gathered at the Riverhouse Convention Center in Bend Thursday, for answers to questions and concerns of What's Oregon's Economic Future? KOHD - Yessenfa Molina - in his State of the Union Address this week, President Obama stressed that the US economy needs shoring up:... Central Oregon To Face Economic Challenges Moving. Forward myCentralOregon.com - Glenn Vaagen - The economic data indicates Central Oregon still faces serious economic challenges, and three years after the recession started, the region is . Economic Forecast Breakfast Addresses the Need for A Changing Central Oregon KBND - Hundreds of Central Oregonians turned out this morning to hear what the economic challenges are for Central Oregon, and more importantly what are the Posted in Economy, News ( Tags: Deschutes, Economy I No Comments - Older Entries 19 Copyright 1010 Deschutes Economic Alliance. Alt Rights Reserved. - Site Design by Vert Creative - Software by CodeSenders 6/5/118:23 PM http://www.deschutesaillance.org/ Page 3 of 3 Articles of Incorporation Secretary of State Registry Number: 689243-99 Corporation Division Type: DOMESTIC NONPROFIT CORPORATION 255 Capitol Street NE, Suite 151 FILED m Salem, OR 97310-1327 Phone:(503)986-2200 May 21, 2010 Fax:(503)378-4381 OREGON www.filinginoregon.com SECRETARY OF STATE 1) ENTITY NAME DESCHUTES ECONOMIC ALLIANCE 2) DESCRIPTION OF BUSINESS 813319 - Other Social Advocacy Organizations 3) MAILING ADDRESS 105 NW Greeley Avenue Bend, OR 97701 USA 4) NAME & ADDRESS OF REGISTERED AGENT Lawnae Hunter 105 NW Greeley Avenue Bend, OR 97701 USA 5) INCORPORATORS Thomas Bahrman P.O. Box 394 Bend OR 97709 USA Authorized Signer: Thomas Bahrman 6) TYPE OF NONPROFIT CORPORATION Public Benefit without members 7) DISTRIBUTION OF ASSETS Said organization is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by any organization exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code, corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax code. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for the public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for the purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. 8) OPTIONAL PROVISIONS To the fullest extent permitted by Oregon law, the corporation shall indemnify any person who has been made, or is threatened to be made, a party to an action, suit, or proceeding, whether civil, criminal, administrative, investigative, or otherwise, by reason of the fact that the person is or was a director or officer of the corporation acting within the scope of his or her duties. Furthermore, to the fullest extent permitted by Oregon law, a director or officer shall not be liable to the corporation for monetary or other damages relating to conduct as a director or officer of the corporation to the extent the director or officer acted within the scope of his or her duties. No amendment or repeal of these Articles shall adversely affect the rights of a director or officer with respect to any acts or omissions of such director or officer occurring prior to such amendment or repeal. Report Printed: 05/21/2010 02:33 PM Page 1 of 2 Articles of Incorporation Secretary of State Registry Number: 689243-99 Corporation Division Type: DOMESTIC NONPROFIT CORPORATION 255 Capitol Street NE, Suite 151 FILED Salem, OR 97310-1327 Phone:(503)986-2200 May 21, 2010 Fax:(503)378-4381 OREGON www.filinginoregon.com SECRETARY OF STATE By my signature, I declare as an authorized authority, that this filing has been examined by me and is, to the best of my knowledge and belief, true, correct, and complete. Making false statements in this document is against the law and may be penalized by fines, imprisonment, or both. By typing my name In the electronic signature field, I am agreeing to conduct business electronically with the State of Oregon. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement. 9) ELECTRONIC SIGNATURES Thomas Bahrman 10) CONTACT NAME Thomas Bahrman DAYTIME PHONE NUMBER 541-617-9612 Report Printed: 05/21/2010 02:33 PM Page 2 of 2 ; BYLAWS OF THE DESCHUTES ECONOMIC ALLIANCE ARTICLE 1 PURPOSE This corporation shall be organized and operated exclusively for charitable, scientific, literary, religious and educational purposes. Subject to the limitations stated in the Articles of Incorporation, the purposes of this corporation shall be to engage in any lawful activities, none of which are for profit, for which corporations may be organized under Chapter 65 of the Oregon Revised Statues (or its corresponding future provisions) and Section 501(c)(3) of the Internal Revenue Code (or its corresponding future provisions). This corporation's primary purpose is to create and implement an objective, coherent vision for the economic future of Deschutes County. ARTICLE II NONMEMBERSHIP This corporation shall have no members. ARTICLE III BOARD OF DIRECTORS 3.1 General Powers. All business and affairs of the corporation shall be managed under the direction of the board of directors. 3.2 Number. The number of directors of the corporation may vary between a minimum of three and a maximum of fifteen. 3.3 Term and Election. Each director shall hold office for a period of two years, and may be reelected without limitation on the number of consecutive terms served. The board shall elect its own members, except that an individual director shall not vote on that members own position. 3.4 Removal of Directors. Any director may be removed, with or without cause, by a vote of two- thirds of the directors then in office. 3.5 Vacancies Any vacancy occurring on the board of directors, including a vacancy resulting from an increase in the number of directors, may be filled by a majority vote of the directors the on the board. 3.6 Quorum A majority of the number of directors in office immediately before the meeting begins shall constitute a quorum for the transaction of business at any meeting of the board of directors. 3.7 Manner of Acting. The act of the majority of the directors present at a meeting at which a quorum is present when the vote is taken shall be the act of the board of directors unless the articles of incorporation or these bylaws require a greater percentage. Any or all directors may participate in a regular or special meeting by, or conduct the meeting through the use of, any reasonable means of communication which adequately allows all directors to participate in such meeting; a director participating in a meeting by this means is deemed to be present in person at the meeting. Where the law requires a majority vote of the directors in office to establish committees to exercise board functions, to amend the Articles of Incorporation, to sell assets not in the regular course of business, to merge, or to dissolve, or for other matters, such action is taken by that majority as required by law. 3.8 Regular Meetings. A regular meeting of the board of directors shall be held at the time and place to be determined by the board. No other notice of the date, time, place or purpose of these meetings is required. 3.9 Special Meetings. Special meetings of the board of directors may be called by the chairperson, at such date, time and place designated by the chairperson, or at the discretion of the board. Notice of such meetings, describing the date, time, place and purpose for such meeting, shall be delivered to each director personally, by telephone, email or other reasonable method, at least 24 hours period to the special meeting. 3.10 Alternative Meeting, Venue. Any regular or special meeting of the board of directors may be conducted through use of any means of communication which allows all directors to simultaneously participate in such meeting. 3.11 No Sala[y . Directors shall not receive salaries for this board services, but may be reimbursed for out-of-pocket expenses they incur related to their board service. 3.12 Action Without Meeting Any action required or permitted to be taken by the board of directors at a meeting may be taken without a meeting if all the directors take the action, each one signs a written consent describing the action taken, and the consents are filed with the records of the corporation. Action taken by consent is effective when the last director signs the consent unless the consent specifies a different effective date. A signed consent has the effect of a meeting vote and may be so described in any document. ARTICLE IV COMMITTEES 4.1 Executive Committee. The board of directors may elect an executive committee. The executive committee shall have the authority to make ongoing decisions between board meetings and shall have the authority to make financial and budgetary decisions. 4.2 Other Committees. The board of directors may establish such other committees as it deems necessary and desirable. Such committees may exercise the authority granted by the board of directors or may be advisory. 4.3 Composition of Committees. Any committee that exercises any authority of the board of directors shall be composed of two or more directors, elected by the board of directors by a majority vote of the directors in office at the time. 4.4 Quorum and Action. A quorum at a committee meeting exercising board authority shall be a majority of all committee members in office immediately before the meeting begins. If a quorum is present, action is taken by a majority vote of the directors present 4.5 Limitations on the Powers of Committees. No committee may (i) authorize payment of a dividend or any part of the income or profit of the corporation to its directors or officers; (ii) approve dissolution, merger or the sale, pledge or transfer of all of substantially all of the corporation's assets, (iii) elect, appoint or remove directors or fill vacancies on the board or on any of its committees, (iv) adopt, amend or repeal the Articles, bylaws or any resolution of the board of directors. ARTICLE V OFFICERS 5.1 Titles. The officers of this corporation shall be the chairperson, secretary and such other officers appointed by the board of directors. 5.2 Election. The board of directors shall elect the chairperson and secretary to serve one year terms. An officer may be reelected without limitation on the number of terms the officer may serve. 5.3 Vacancy. A vacancy of the office of chairperson or secretary shall be filled no later than the first regular meeting of the board of directors following the vacancy. 5.4 Other Officers. The board of directors may elect or appoint other officers, agents and employees as it shall deem necessary and desirable. They shall hold their offices for such terms, and have such authority, and perform such duties, as shall be determined by the board of directors. 5.5 Chairperson. The chairperson shall be the chief officer of the corporation and shall chair all board meetings. The chairperson shall have any other powers and duties as may be authorized by the board of directors. SA Secretary. The secretary shall have overall responsibility for all recordkeeping and corporate funds. The secretary shall have any other powers and duties as may be authorized by the board of directors. ARTICLE VI AMENDMENTS These bylaws may be amended or repealed, and new bylaws adopted by the board of directors by a majority vote of the directors present, if a quorum is present. Prior to the adoption of the amendment, each director shall be given at least five business days notice of the dace, time and place of the meeting at which the proposed amendment is to be considered, and the notice shall state that one of the purposes of the meeting is to consider a proposed amendment to the bylaws and shall contain a copy of the proposed amendment. Adopted by the board of directors on this 24' 4JLanae , 2010. Hunter, UW4irp RECORD OF ACTION IN LIEU OF AN ORGANIZATIONAL MEETING OF DESCHUTES ECONOMIC ALLIANCE Pursuant to Oregon law, in lieu of an organizational meeting, the incorporator of Deschutes Economic Alliance, an Oregon nonprofit corporation, does hereby waive all notices that may be required and consents to the following action without a meeting for the purposes of organizing the corporation, effective on the 21' day of May, 2010: RESOLVED, the following individuals are appointed as the initial directors of the corporation: Lawnae Hunter Jerry Mitchell Michael Taus Tom Bahrman Jim Clinton Tom Van Hemelryck Shelle Pack Darrell Deglow Maggie Annschild Steve McDonald Arlene Gibson David Lewis INCORPORATOR Thomas Bahrman It O a as Lo as w ea L go O Lei S g u1 %4 $ ~ q^ g ~ $ ,n 0 O O O 0 1 C 1 O Ln d C N C O cV QQ CC Q .2 .0 L q Q O 4) 1f1 l7 ' N > N t0' tr N' t' N t/> 0 O to V1 t ~ o o h O ai a o a+ 0 > 47 V d N p L. m A- 41 C 7U 0. c C j v W 'n ' a c a s U U O Z > u a m cc 2 a+ G a► c G u p p N y 3 d vl 0 , m H Q m G O N N d C a 00 m r O CL G c = aJ CJ C d m ~ O O G 41 G 41 G us d ~ 9 y V C y C O c u i , ]C Y E0 - u' v oe ° a