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2012-91-Minutes for Meeting February 22,2012 Recorded 3/5/2012DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL II~IIIIIII~III~~IIIIIII II ~II 2012-l1 CLERK°S U 2012.91 0310512012 08;21;08 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page L JQJ 11 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oru MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, FEBRUARY 22, 2012 Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney. Also present were Erik Kropp, Interim County Administrator; and, for a portion of the meeting, Court Administrator Ernie Mazorol; Judge Alta Brady; Susan Ross, Property & Facilities; Cynthia Smidt and Peter Russell, Community Development; Joe Studer, County Forester; media representative Hillary Borrud of The Bulletin; and three other citizens. Chair DeBone opened the meeting at 1:30 p.m. 1. Update on Court Remodeling Process. Susan Ross said that the Courts want to know that the Board is supportive of the various remodeling projects taking place in the Courthouse and Justice Building. Ernie Mazorol gave an overview of the changes, which will enable them to keep the file viewing room open to the public for normal business hours. The courtrooms will all be able to accommodate a 12-member jury. The footprint will stay the same but they will be able to be more efficient. In the past they have used a Memorandum of Understanding with the County to clarify what changes are being done and how the space would be used. He asked that a similar approach be used for this situation. Discussion then occurred regarding previous agreements and the particulars of the one that is proposed. 2. Forester Update. Joe Studer provided an overview of his recent activities. Since December 20111 the following activities are highlights for the County Forester. Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 1 of 7 Pages • Working towards resolution of the FEMA grants - Mr. Studer just spoke with FEMA and OEM representatives, and it appears progress is being made. The plan is for OEM to do the updates and revised the scope of work for the 2007 grant. The 2008 grant has a couple of issues. There is a question about environmental compliance that is not within FEMA's purview locally, so they are asking Washington DC for an exemption. It involves only 42 acres. The strategy is to finish 2007, figure out where the 2008 grant is and who makes decisions on that. There may be some liability for the work done around Camp Sherman and in the Panoramic Estates and Hurtley Ranch area. • Completed program of work for spring/summer/fall sweat equity fuels work in approximately 30 neighborhoods - two of the National Fire Plan grants will be used for this program. Some of the biomass contractors will be involved. It would be more cost-efficient if the biomass material could be utilized locally, and that is the goal eventually. • Developed Project Wildfire Program of Work for 2012. • Completed the Qualified Pool for 2012 - the important part of this is that maybe half-dozen contractors with big trucks and equipment have indicated they are going to be too busy to be involved at this point. • Contributed to the screening of County Administrator candidates, both Skype and face-to-face interviews - Mr. Studer said he appreciated the opportunity to be involved in this undertaking. Mr. Kropp asked about Mr. Studer's view on the transitional process. Mr. Studer responded that the proper environment must be established to make sure the newcomer is successful. Immediately - the first or second day - key persons need to meet with the person to share a transition plan. It would be a facilitated meeting with clear goals, setting the stage for the future. The facilitator needs to be a neutral party with no vested interest in the situation. The Board supported this approach. • Work with Solid Waste to adjust County disposal sites; future sites will be at existing solid waste facilities - Mr. Stutler stated that it is hard to monitor what is disposed of at these sites. Some material is not appropriate. He worked out an arrangement with Solid Waste to track what is coming in through the sweat equity program, separate from material brought in by the general public. Sites for the FireFree and similar programs would be better supervised as well. Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 2 of 7 Pages Commissioner Unger still wants to pursue how to get things out of the forest, such as appliances, old septic tanks and other trash. Several homeowner association presentations for FireFree Program - some of the neighborhoods are gearing up to do this work; and he and Katy Lighthall try to be part of the meeting. Working with Bend Parks and Recreation to treat approximately 30 acres on the south aspect of Awbrey Butte, approximately 75% completed - A partnership has been developed using sweat equity to treat about 30 acres, which is the largest vulnerable piece in that area. • Began the updating process for the East/West Community Fire Plan - he is meeting with residents in the Alfalfa area in particular, to try to form some kind of board to work on this. Often most of the residents attend and are engaged in the process. Continue the work with Deschutes Collaborative - Commissioner Unger said that out of twenty in the U.S., he believes three are from Oregon. These groups are involved in forest restoration efforts. National Cohesive Strategy work continues - since May of last year, Mr. Stutler has put in many hours on this process. • Preparing to engage Environmental Assessment process for third FEMA Grant with Crook, Klamath and Deschutes Counties - the environmental assessments have to be done all at once, but Mr. Studer does not feel they have the capacity to handle this all at once. He does not feel they are the right groups to deal with pre-disaster mitigation. Commissioner Unger said that there are a lot of collaborative efforts now underway with the BLM and National Forest. Mr. Stutter said that he feels the Federal representatives would agree that they are unable to deal with contracts on a large scale. In the past, each forest area would have its own contract specialist; but now one person has to handle multiple contracts and a wide area. They may have contracting authority but only up to a specific amount. There is a lot of work that could be done, but federal funding to get things moving is lacking. Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 3 of 7 Pages • Participating in South County Planning efforts - Chair DeBone asked about the use of chip logs. Work on small plots of land is sometimes an issue for local folks; some would like to contract to do small-scale logging and make use of the slash piles. Others need the firewood that is often simply burned as slash. Mr. Stutler said that he sees a lot of trucks now with logs on them going through to other locations. Mr. Stutler said he could provide contact information if someone wishes to pursue this. 3. Discussion of U.S. Forest Service Grant Funding Opportunity. Mr. Stutler said that this process is being finalized. He said the BLM and Forest Service want to have Mr. Studer be part of a plan to develop and administer a Western Region Cohesive Strategy pilot program. His first responsibility is with what he has started with the County and regionally, which has gained momentum and needs to continue. He would like to have an Assistant County Forester who would need to be knowledgeable and ready to work immediately. He would mentor the person, who would report to him; and Mr. Stutler would like the County to agree to fund the person's position for at least two years. Mr. Kropp indicated that an intergovernmental agreement with the USFS would be the first step; and then a position as Assistant Forester would be developed and filled. At the end of the term, if Mr. Stutler does not return, the position of County Forester would be open and the Assistant Forester could apply along with others. Mr. Kropp and Mr. Studer will work on a hiring plan and bring it back to the Board as soon as possible. 4. Discussion of Text Amendment re: Churches as an Outright Use in the Sunriver Business Park District. This part of the meeting was audio recorded. Cynthia Smidt said there has been no opposition to this change and the Planning Commission was supportive as proposed. At one time, a more detailed traffic study was requested, but the applicant disagreed and provided more information. Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 4 of 7 Pages Peter Russell stated that a church falls in the mid-range of permitted uses, and it was felt that a traffic analysis was not necessary. A site plan review is still required. Ms. Smidt said there was one public hearing held, and only representatives of the applicant were present; there were no calls or letters. This use is in line with what the Sunriver business district feels is allowable and appropriate. There is an emergency clause in the Ordinance so work can begin on the project quickly. 5. Other Items. In regard to commercial uses in the farm zone, Commissioner Unger said that some farmers are concerned about the residential uses in rural settings. Most farms are not that big as they are in other parts of the state. He feels these commercial uses are an issue because of the differences in the area, such as topography, other residences and so on. The audio recording was concluded at this time. A group of University of Oregon students contacted the Board in regard to a study they wish to do on the Newberry geothermal project, in particular mitigation. Mr. Kropp said that the e-mail might have gone to a wide range of recipients. He will acknowledge their message. The Board asked for a letter to be drafted to send to the panelists who participated in the County Administrator interview process. The Board reviewed the draft and agreed that individual letters should be signed by all three Commissioners and sent out to each participant. In regard to credit unions being able to loan more funds to small businesses, EDCO gave its support and feels that it would be appropriate to have the Board support these efforts as well. It does not harm the banking industry, and could help the economy. BANEY: Move SB 509 and HR 1418, lifting the cap on credit union lending, and sending a letter of support. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 5 of 7 Pages Mr. Kropp stated that in regard to a Board retreat, it may be difficult to get this going in view of the Commissioners' various trips and upcoming budget meetings. He envisions a pre-retreat meeting of a couple of hours, and then they should meet again to address the various items for perhaps a half-day. The Board went into executive session under ORS 192.660(2)(d), labor negotiations. Commissioner Baney proposed having better communications with the groups who are involved in the tourism industry. There is COVA, the Fair/Expo, Sunriver and Visit Bend, as well as visitor centers and chambers of commerce. She would like to invite representatives of the various groups to meet regularly so they can talk about events and common needs and goals, in a less political fashion. Commissioner Unger is not sure about having a council or committee, but they need to look at how the region looks at tourism and what they are doing. They apparently do not talk with each other very well. The money that COVA gets comes from the County, and they promote things that are good for the region as a whole. Bend is more focused on the city. Commissioner Baney would like to see an open line of communication with the groups. Some of the Chambers of Commerce members are concerned about what is going on with these groups. They should be able to assist each other. Commissioner Unger feels that COVA and Visit Bend should be engaging with other entities that try to bring in tourists. Chair DeBone stated that they all seem disconnected. All in the area should be pleased when there is a big event and support each other. Commissioner Unger said that other counties do not contribute financially but expect COVA to represent them as well. Commissioner Baney noted that perhaps the cities of the region should be involved as well. Some events are large enough to encompass more than just a city or county. It needs to be more than who gets what; and more of how they can support each other so everyone wins. Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 6 of 7 Pages Commissioner Unger suggested that Commissioner Baney get the support of the Mayor of Bend so that the groups can be aware that the governing bodies want them to play nice. Commissioner Baney explained that she wants more than COVA and Visit Bend to be involved, however. Commissioner Unger said that maybe the mayors of other cities should also participate. That would take some of the focus off the County and Commissioner Baney. Perhaps these city representatives would all sign a letter saying that they think more dialogue and communication is necessary and important to all. Commissioner Baney said that this has been a political issue for the City of Bend and the County for a long time, and should be addressed. Chair DeBone said it is obvious that many of these groups are polarized and want visitors to focus on only their locations or efforts. Commissioner Unger said that a position paper or overview of where they have been, where they are and where they hope to go, and how they might reach goals together, may be a way to approach this issue. Commissioner Baney said she would take on a leadership role, but does not want to end up in the crosshairs. She wants to enable them to sit down and figure out what is best for the region overall. Being no further discussion, the meeting ended at 4: 40 p.m. DATED this Z7~ Day of qkbL~~,/ 2012 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair 04,k- uAlan Unger, Vice Chair ATTEST: ftN~ Tammy Baney, Comm' Toner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, February 22, 2012 Page 7 of 7 Pages c- 4 N_ O N H an i ~ N .v 1] co E Q) r O © ~ \ J , R L a k M m N N N L 11 4 4 v V CA, ` Q N •O ~ 7ZN N co % V1 -'d ~ t r0 z o ~ m I I ca 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, FEBRUARY 22, 2012 1. Update on Court Remodeling Process - Susan Ross; Ernie Mazorol; Judge Alta Brady 2. Forester Update - Joe Studer 3. Discussion of Forest Service Grant Funding Opportunity - Joe Studer 4. Discussion of Text Amendment re: Churches as an Outright Use in the Sunriver Business Park District - Cynthia Smidt 5. 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. lfyou 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. ADDENDUM TO MEMORANDUM OF UNDERSTANDING DATED APRIL S, 2004 BETWEEN THE DESCHUTES COUNTY COMMISSIONERS AND THE DESCHUTES COUNTY CIRCUIT COURT JUDGES The Circuit Court Judges and the Deschutes County Commissioners agree to the allocation of space contained in this document. The changes contained in this document, when compared to the April 5, 2004, Memorandum of Understanding, came about after several discussions among County and Court officials. These discussions led to a remodel plan as depicted in the attached architectural drawings. Construction to implement the remodel plan should begin by April 1, 2012, and conclude by January 31, 2013, barring any unforeseen difficulties. DESCHUTES COUNTY COURTHOUSE LOCATION CURRENT FUTURE USAGE OCCUPANT OCCUPANT 1" Floor - North Courts Courts jury assembly room refreshment area for jurors restrooms for jurors large meeting rooms ace 1" Floor - South DA StaffNictim DA StaffNictim victim assistance staff Assistance/Grand Assistance/Grand grand jury meeting room Jury Room Jury Room 2°d Floor - North Courts Courts server room, hardware repair center and technical help desk staff space for data processing, phone receptionist, mail processing, treatment courts, supervisory and break room 2° Floor - East Courts DA offices for prosecutors and meeting Central space with defense counsel 2„ d Floor - South Courts Courts file processing/mail distribution/copy center court support staff and supervisor administrative offices 3`d Floor - Entire DA Staff DA Staff offices for prosecutors and staff Floor Penthouse DA Staff DA Staff archival records space for prosecutors DESCHUTES COUNTY JUSTICE BUILDING LOCATION CURRENT FUTURE USAGE OCCUPANT OCCUPANT Basement - Courts Courts file room for staff to process active cases Entire Floor archival records space for courts computer head in room for video and courts network staff break room emergency communication network for law enforcement I A Floor - South Courts Courts jury room for Courtroom F meeting rooms for mediation; treatment courts and settlement conferences office for staff technology training room 1" Floor - Courts Courts Courtroom F and chamber area Central and staff space for cashiers traffic cases data North East , , entry, file viewing, self- help divorce matters and copy center 1 std Floor - Courts Courts Courtroom E, G chamber areas and jury North and West rooms 2° Floor - Courts Courts Courtrooms A, B, C, D and chamber areas Entire Floor and jury rooms coffee shop, domestic violence advocate space and conference rooms for attorney/client meetings - 16 It is also agreed that when the Joint Committee on the Creation of New Judgeships recommends, or when it becomes certain, that an eighth (8`h) Circuit Court Judge will be authorized for Deschutes County, the County and the Courts will begin a comprehensive facility planning process for the Justice Building and Courthouse complex. At a minimum, the plan will provide for additional courtrooms and office space for the judge and an assistant along with a jury deliberation room and an in-custody inmate holding cell. The plan should also consider ancillary court support space needs as described in the OMNI Facility Plan dated June 13, 2002, and any space needs for the District Attorney's Office. These plans shall be developed in partnership between the County Commissioners, Circuit Court Judges and respective staff. The Deschutes County Board of County Commissioners and the Deschutes County Circuit Court Judges agree to follow the conditions contained in this Memorandum of Understanding. DATED this day of February 2012. BOARD OF COUNTY COMMISSIONERS FOR THE DESCHUTES COUNTY, OREGON TONY DEBONE, Chair TAMMY BANEY, Commissioner Recording Secretary ALAN UNGER, Commissioner DATES this day of February 2012. ALTA J. BRADY, Presiding Judge ATTEST: REVIE ED LEGAL COUNSEL MEMORANDUM OF UNDERSTANDING 1. Juvenile Referee The County will provide up to $25,000 per year for a Juvenile Court Referee to adjudicate delinquency cases, excluding BMl 1 and matters referred to family court, starting January 1, 2004. The Court Administrator will provide and supervise support staff to process, schedule, and attend court proceedings at the Juvenile Justice Complex. It is anticipated that juvenile proceedings will be scheduled approximately eight to twelve hours per week. If the court experiences unanticipated budget reductions, the elimination of the support staff position may occur, depending upon the severity of the shortfall and the effect on other court services. The presiding judge, after consultation with the Director of the Juvenile Community Justice Department, shall determine the appropriate cases to assign to the Juvenile Court Referee. Pursuant to ORS 419A.150, the Referee serves at the pleasure of the Presiding Judge consistent with a letter of expectations and working conditions. The County agrees to make monthly payments to the Referee as outlined in the letter of expectations. In an effort to maintain open lines of communication, the Presiding Judge, a County Commissioner, the Director of Juvenile Community Justice, the Court Administrator and the County Administrator shall meet every six months to discuss issues of mutual concern regarding the expectations, costs, and administration of the program. 2. Courtroom Construction The County will proceed with the construction of the two new courtrooms as currently being designed. When the District Attorney and Information Technology vacate their facilities in the "old" courthouse, this space will become available for State Court support functions. These functions could include additional administrative offices, records storage, or a jury assembly room. 3. Federal Courtroom After the new courtrooms have been completed, the Circuit Court will vacate the courtroom and office space currently used by Judge Perkins. This space will then be available for lease to the Federal government. Representatives of the County and the Circuit Court will confer to consider how to minimize the impact on court operations when a Federal Court locates in the Justice Building. (Note: It is anticipated that the Federal government may enter into a multi-year lease for a Federal Magistrate Court. The County and the Circuit Court will support and cooperate in providing appropriate courtroom space to the Federal government.) Pagel of 3 MOU - Courthouse Construction, Document No. 2004-004 Use and Maintenance 4. Justice Court The County will work with the City of Bend to locate a Justice Court in the Juvenile Community Justice Building. If these efforts are successful, the Justice of the Peace will conduct proceedings at least one day or evening per week in the facility. The Circuit Court will cooperate in sharing the Juvenile Justice Courtroom site, recognizing that access to confidential files and system infrastructure issues must be addressed before court proceedings commence. 5. 8th Circuit Court Judge Eventually the State will create an eighth judicial position for the Circuit Court in Deschutes County. It is agreed that the courtroom for this eighth position will be located in the existing courtroom that would have been leased to the Federal government. It is acknowledged that the County does not intend to construct and/or remodel any new courtrooms until a ninth Circuit Judge is appointed. However, it is also acknowledged that this plan may be modified by the governing body at some time in the future, depending upon the need and resources available at that time. 6. Technology The Court acknowledges the County's recent major technology capital investment in video equipment. This enhanced video equipment is intended to: ■ Reduce prisoner transport costs to the County; • Minimize the requirement of Juvenile and Adult Probation Officers from appearing and testifying in court at the Justice building; ■ Increase the County and Court's productivity; and ■ Reduce security concerns. Even though the video equipment is owned by the County, the Court agrees to work cooperatively with the County to help maintain a sufficient maintenance account to keep the equipment in good working order. The County agrees to provide initial funds to start the account with monies currently available for presentation equipment. The County acknowledges the Court's financial limitations and recognizes that State general funds were not allocated for this purpose. However, as local Court funds become available (as determined by the Court Administrator), the Court agrees to contribute to the County's video maintenance account. The County Administrator and Court Administrator agree to consult, as necessary, on ways to ensure the account remains adequate to address equipment maintenance. The Court assumes full responsibility for its courtroom audio and digital recording system and computers required to conduct its business. The County assumes full responsibility for video equipment and other hardware and software requirements for the District Attorney's Office to connect from the courtroom, to the internet, or to the County's mainframe. Page 2 of 3 MOU - Courthouse Construction, Document No. 2004-004 Use and Maintenance 7. Judge Forte's Courtroom After the two new courtrooms are completed, Judge Forte will be relocated to the Justice Building. His vacated courtroom will remain vacant and ultimately will be converted to a Justice of the Peace courtroom, if the County succeeds in modifying State law that will allow the location of a Justice Court within the City of Bend. The Deschutes County Board of Commissioners and the Judges of the Circuit Court agree and support these seven proposals as outlined above. DATED this =-l day of January 2004. ATTEST: (~5u~ Recording Secretary DATED this day of January 2004. DESCHUTES COUNTY CIRCUIT COURT MICHAEL C. SULLIVAN, Presiding Judge STEPHE N. TIKT , Former Presiding Judge Page 3 of 3 MOU - Courthouse Construction, Document No. 2004-004 Use and Maintenance BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON 4 REVIE L VED LEGAL COUNSEL ADDENDUM TO MEMORANDUM OF UNDERSTANDING DATED JANUARY 49 20049 BETWEEN THE DESCHUTES COUNTY COMMISSIONERS AND THE DESCHUTES COUNTY CIRCUIT COURT JUDGES The Circuit Court Judges and the Deschutes County Commissioners agree to the issues and floor plan changes contained in this document: 1) When the Joint Committee on the Creation of New Judgeships recommends, or when it becomes. certain, that the eighth (8t') Circuit Court Judge will be authorized for Deschutes County, the County and the Courts will begin the process of implementing Phase II. At a minimum, Phase II will provide for two additional courtrooms and office space for the judge and an assistant along with a jury deliberation room and an in-custody innate holding cell. Phase II will also provide for additional and/or new space for the District Attorney's Office and ancillary court support services as described in the OMNI Facility Plan dated June 13, 2002. Final plans for Phase II will be developed in cooperation with the Circuit Court Judges. The County Commissioners and Circuit Court Judges agree to discuss all aspects of Phase II during their semi-annual business dinner meeting. 2) The courthouse and justice buildings will not be combined at the first floor level during Phase I construction of the two new courtrooms. A single point of entry for these two buildings will be constructed when the District Attorney's office is relocated to a different location. 3) The County will not rent or lease Judge Perkins' vacant courtroom and office space. This space may be used by the State Courts for court support services until the District Attorney's office is relocated. 4) The County agrees to construct two restrooms and a sink area for refreshments in the jury assembly room on the first floor, north end of the courthouse. In addition, the County agrees to tear out and rebuild or remodel the second floor located on the north end of the courthouse. The Court Administrator agrees to work with the project manager and project architect in developing a floor plan for these changes by May 15, 2004. Page 1 of 3 Pages Document No. 2004-129 Addendum to Memorandum of Understanding - Use of Courthouse/Justice Building 5) For the security of the justice building, the County agrees to relocate the law library by July 1, 2005. The future use of this space will be an ongoing topic of discussion for the Court Security Committee, and between the County Commissioners and Circuit Judges during their joint semi-annual business dinner meetings. Barring extenuating circumstances, it is the intent of all parties to implement and follow the facility changes noted below. DESCUT ` TCOC O[,1~ u., ra LOC I JON CURRENT USAGE OCCl7YAIT s CCCANT 1" Floor - North District Attorney Courts jury assembly room refreshment area for jurors (DA) Victim's restrooms for jurors Assistance office for jury clerk 0 Floor - South DA Staff/Waiting DA until modified, as identified in the final Area/Grand Jury Staff/Waiting plans for Phase H Area/Grand Room Jury Room 2nd Floor - County Data Courts hardware diagnostic/repair room offices for data processing staff North Processing computer training room for staff/judges offices for Court support staff and their supervisor computer room 2nd Floor - Courts Courts file viewing room/active records data entry/records staff South telephone switchboard administrative offices 3rd Floor - North DA Staff DA Staff until modified, as identified in the final plans for Phase R 3rd Floor - South DA Staff DA Staff until modified, as identified in the final plans for Phase H until modified, as identified in the final Penthouse DA Staff DA Staff plans for Phase H Page 2 of 3 Pages Document No. 2004-129 Addendum to Memorandum of Understanding - Use of Courthouse/Justice Building :DE-SCH TT-t .`COUNTY JUSTICE $UILDING t to remain law library until July 1, 2005 Basement - County Undecided future usage to be determined in South law library consultation with the Court Security Committee, Circuit Court Judges, and County Commissioners ls` Floor -South Courts Judge Perkins' Courts mediation conference rooms meeting conference room for family courtroom/office court, business meetings, and general space/jury staff training deliberation possible office space for staff room 2nd Floor - East Courts County public/attorney conference rooms espresso stand and/or vending machines video hearings room The Deschutes County Board of Commissioners and the Deschutes County Circuit Court Judges have read and agree to abide by the conditions of this addendum to the memorandum of understanding dated January 4, 2004. DATED this ~ day of April 2004. ATTEST: 1'~r,~•c~',~ ~~z-e~ Recording Secretary DATED this _ day of April 2004. MICHAEL C. SULLIVAN, Presiding Judge Page 3 of 3 Pages Document No. 2004-129 Addendum to Memorandum of Understanding - Use of Courthouse/Justice Building BOARD OF COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Forester Update BOCC Work Session Wednesday, February 22, 2012 Since December 2011 the following activities are highlights for the County Forester. • Working towards resolution of the FEMA Grants; • Completed program of work for Spring/Summer/Fall Sweat Equity fuels work in approximately 30 neighborhoods; • Developed Project Wildfire Program of Work for 2012; • Completed the Qualified Pool for 2012; • Contributed to the screening of County Administrator candidates, both Skype and face to face interviews; • Work with Solid Waste to adjust County disposal sites, future sites will be @ the existing solid waste facilities; • Several homeowner association presentations for FireFree Program; • Working with Bend Parks and Recreation to treat approximately 30 acres on the south aspect of Awbrey Butte, approximately 75% completed. • Began the updating process for the East/West Community Fire Plan; • Continue the work with Deschutes Collaborative; • National Cohesive Strategy work continues; • Preparing to engage Environmental Assessment process for 3'd FEMA Grant with Crook, Klamath and Deschutes County; • Participating in South County Planning efforts. MEMORANDUM DATE: February 17, 2012 TO: Deschutes County BOCC, Interim County Administrator FROM: Joe Studer, Deschutes County Forester RE: Forest Service Grant Funding Opportunity Over the last nine months I have divided my time between County Forester duties and serving as Chair of the Western Regional Cohesive Strategy Steering Committee. As a result, the Forest Service has offered the opportunity to provide funding to Deschutes County for two years for me to continue to serve as the Chair of the Western Cohesive Strategy. Additionally there would be other duties associated with this role as outlined in the following email from the Forest Service: Joe, Over the past few weeks we have discussed the opportunity to develop a Western Region "pilot" to implement the strategies and actions in the Western Region Wildland Fire Management Cohesive Strategy. Our focus for this pilot is in Deschutes Country Oregon and surrounding areas. It is also important to provide leadership and momentum in building other champion's throughout the West in applying the collaborative principles outlined in the Cohesive Strategy. You have been such a leader and catalyst and we would like you to be able to continue this effort and truly focus your energy on risk management and the Cohesive Strategy. We still have some details to work out but it is the intention of the Forest Service Fire & Aviation Management to enter into an agreement with Deschutes County which would fund your position for up to two years at the rate of $150,000/year. We will continue to develop the scope of work for this agreement in early January. The Forest Service cannot reimburse Deschutes County until we get an agreement in place. I hope this notification is sufficient for you to begin the process to hire a backfill for your Deschutes County Forester position? Let me know if you have any questions. Best, Vicki Vicki Christiansen Deputy Director Fire & Aviation Management USDA Forest Service vcchristiansen@fs.fed.us Since this email and subsequent follow up efforts with the Forest Service, we are close to finalizing a formal grant agreement for the Boards consideration. We have also developed an Assistant County Forester position description for advertising and filling the position (Attachment 1). Today, I am requesting concurrence from the Deschutes County Board of County Commissioners to recruit and fill an Assistant County Forester position not to exceed two years. The new person would best be described as "an additional identical" position that would be assuming most of my duties, with my supervision and direction. There would also be an evolving role with planning and implementation a Western Region Pilot in Central OR that would involve the same players currently involved with the Deschutes Collaborative Project and our stakeholders with Project Wildfire, FireFree Program and Community Fire Plan efforts. From a budget perspective, we have sufficient funding remaining from carryover Title III dollars and other grants through next fiscal year. Depending on the outcome of federal legislation pending in Congress, a long term fiscal solution for the position may be solved, if not we would have to address future funding possibilities for the position for fiscal year 2014 and beyond during next and future year's budget deliberations. From an outreach and recruitment perspective, I am reasonably certain that with my professional connections we will receive sufficient applications to select the right person for the position. On a personal note, I thank the Commissioners for allowing me the opportunity to participate with the National Cohesive Strategy effort; that investment will pay huge dividends for the County and our citizens in the future as we implement the strategy locally. Joe Stutter Deschutes County Forester Attachment DESCHUTES COUNTY POSITION DESCRIPTION POSITION: ASSISTANT COUNTY FORESTER JOB CODE: 1528 DEPARTMENT: BOCC FLSA : EXEMPT REPORTS TO: COUNTY FORESTER PAY GRADE: SUMMARY The Assistant County Forester (ACF) assists the County Forester as liaison between the Deschutes County Board of Commissioners and the U.S. Forest Service, Bureau of Land Management (BLM), legislators, county committees or departments, environmental groups, community groups and assists in the development of the County All-Hazards Mitigation Plan and Community Wildfire Protection Plans. He/she assists the County Forester in acting as technical adviser to the Board and County staff regarding forest matters. He/she communicates with federal or state agencies as delegated, regarding County policies, interests, or concerns related to forests, including, environmental impact, land use, thinning projects, and wildland urban-interface fire prevention. The ACF assists the County Forester in providing consultation to County staff and community groups as appropriate. He/she also assists the County Forester in advocating and coordinating County grants projects related to forestry land use, environmental impact, and fire prevention. The ACF also participates in Project Wildfire. NATURE AND SCOPE The ACF assists the County Forester in representing the County's interests and concerns to federal or state forestry or land management agencies. He/she provides consultation and technical guidance to the Board of Commissioners and County staff regarding forest or wildland urban-interface fire prevention issues, and recommends policies or actions to address concerns. The position requires the application of extensive knowledge of public and private sector forestry practices and their impact on the environment, land use policy, or forest fire prevention. The ACF maintains close working relationships with the Deschutes County Forester, the Deschutes County Board of Commissioners, U.S. Forest Service, BLM, Oregon Dept. of Forestry, County Emergency Services, County Community Development Department and the Project Wildfire Steering Committee. The ACF works with Deschutes County staff, committees, and/or residents regarding measures related to forestland use, environmental impact, or wildfire risks. The ACF develops relationships with community groups concerned with forest and wildland fire prevention, wildland fire hazard mitigation and other environmental programs impacted by forest policy. His/her activities are reviewed for adequacy of professional judgment, and achievement of results consistent with County goals and objectives. The Assistant County Forester has regular in-person and telephone contact with County Board of Commissioners, federal and state departments or agencies, and other County disciplines. This position also has contact with legislators, special interest groups, and the public to provide or obtain information and encourage them to act to protect the forests and prevent fires. ESSENTIAL TYPES OF DUTIES • Provides technical guidance to the County Board of Commissioners and other County staff regarding forestry-related matters. • Communicates the County's interests at informational or planning meetings with federal or state forestry or land management agencies regarding forest policies, land use, environmental impact, or fire prevention issues. • Consults with County Commissioners and other County representatives on technical issues and to develop plans related to forest fire preparedness, prevention, or thinning. Responds to technical questions from County disciplines or citizens regarding forestry issues or projects. Advocates necessary County actions or policies. • In the context of natural resources, forestry or wildland fire issues, reviews and interprets federal and state laws, regulations, and implementation strategies for County Commissioners, staff, and others. Advises County Commissioners on any issues that would affect the County. • Reviews and manages technical aspects of grant-funded forestry or land use projects within the- County to ensure that project or program activities are achieved according to grant objectives. Provides recommendations to the Board of Commissioners. • Coordinates activities of County projects or programs with those of federal, state and local government agencies. • Drafts correspondence on behalf of the County to federal or state forest or land management agencies to convey concerns or responses to forestry legislation or regulations. • Develops environmental assessments for the County to comply with requirements of the National Environmental Protection Act and State of Oregon environmental laws. Administers related grant programs. • Recommends policy or procedural changes in County programs or projects as necessary to respond to federal or state legislative changes. • Assists County grant writers with technical aspects of applications to fund major County programs or projects related to natural resource, forestry and wildland fire issues. • Works in the field as necessary to assess areas for potential wildland fire hazards in the wildland urban-interface. Recommends action plans, if needed, to County Board of Commissioners. • Supports County emergency services during firefighting efforts by providing technical guidance relating to protection of County, residential and commercial properties. • Manages federally funded grant projects related to County forest projects as requested. • Provides public testimony as necessary and on the County's behalf related to forest and fire mitigation issues. • Organizes and coordinates citizen committees to work on wildland and urban interface fire prevention projects. • Meets periodically with homeowner associations to discuss forest or fire prevention issues. QUALIFICATIONS ➢ Knowledge and Skills. Requires general knowledge of forestry issues, including fire prevention, wildland fuels modification methods, the National Environmental Protection Act and land management of forest land, some knowledge of the laws and regulations related to national and private forest lands. Strong verbal and written communication skills and good interpersonal skills. Knowledge of application for and administration of grant-funded programs or projects. Knowledge of problem solving techniques and working with federal and state agencies. Familiarity with central Oregon fire behavior and forest fuel management. ➢ Experience and Training. Requires Bachelor's Degree in Forestry or related field, supplemented by a minimum of ten years of progressively responsible experience in the public or private sector working in Forestry or a forestry-related field and with federal and state agencies; or an equivalent combination of education and experience. ➢ Abilities. Requires ability to work independently and communicate effectively. Ability to recognize and grasp County needs regarding forestland use, appropriate environmental requirements, and wildfire prevention. Ability to offer sound advice and approaches to meeting the County's objectives regarding forest and wildland fire prevention programs. Ability to express ideas effectively both orally and in writing. Ability to work with County, federal, or state agencies, boards, committees, or volunteer or citizen groups; and develop and maintain productive, harmonious relations with each group. Ability to prioritize projects presented by groups with competing interests. Ability to maintain accurate records related to grant projects. O F ,,,gyp, Dregon N • " T John A. Kitzhaber, MD, Governor r 7 Mr. Joseph Stutler ,i.sc,-w T Ea GCS FOr~ 7 Dt<PT Deschutes County Forester 611SO SE 271' St. Bend Oregon 97702 Department of Forestry Central Oregon District PO Box 670 Prineville, OR 97754-0668 Phone (541) 447-5658 Fax (541) 447-1469 February 1St 2012 CID-) •sroaxoswrmvoxrsTRY. Dear Joe; This is just a note to thank you and Deschutes County for the assistance and owners that responsiveness you have demonstrated providing help to property are subject to recent state regulations that requires vegetation treatment around homes protected by the Oregon Department of Forestry. The Oregon Forestland Urban Interface Fire Protection Act of 11997 was the highest implemented in Deschutes County in 2004. Deschutes County has number of property owners protected by the Oregon Department of Forestry in the state, approximately 33,000 home sites. Mailing that many property notifications, at one time, generates many calls regarding the act, treatment standards, and requests for help by home owners that are seniors, physically challenged, and/or those that just do not have finances available to hire help to meet treatment requirements. Since the State Forestry does not have funds to assist homeowners, especially those with special needs, I have turned to you and the county, forwarded numerous (well over 200) requests asking for consideration to help those unable to help themselves. In every case you have assisted. The work you have done to help thus anywhere need is absolutely remarkable and, to my knowledge, not duplicated what we could do to in the state. In fact, without your assistance I am no sure provide aid, we simply do not have assets available to commit crews, pay contractors or reimburse homeowners. 1* il- The work you have done to help homeowners meet state treatment requirements has not only made our, "at risk", rural communities less susceptible to wildland fire but generated massive amounts of good will and offered citizens an opportunity to view a government that works. Thank you; sincerely, Thomas D. Andrade Interface Fire Specialist cc: Deschutes County commissioners