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2015-223-Minutes for Meeting May 13,2015 Recorded 6/1/2015 COUNTY OFFICIAL NANCY UBLANKENSHIP, COUNTY CLERK W 2015'223 COMMISSIONERS ' JOURNAL 06/01/2015 09'38:37 AM ILILj1LiJUIIIuhIIIIII III w0 Z� p/ { Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MAY 13, 2015 Present were Commissioners Anthony DeBone, Tammy Baney and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle and Laurie Craghead, County Counsel; and, for a portion of the meeting, Judith Ure, Administration; Jane Smilie, Health Department; Sheriff Larry Blanton, Capt. Erik Utter, Sgt. Nathan Garibay and Darryl Nakahira, Sheriff's Office; Judge Charles Fadeley, Justice Court; Timm Schimke, Solid Waste Department; Scot Langton, Assessor; and Nick Lelack and Will Groves, Community Development. Also present was a media representative from KTVZ television. Chair DeBone opened the meeting at 1:30 p.m. 1. Discussion of Widgi Creek Pool and Fairway Appeals. Will Groves said the Board asked if the applicant would toll the clock on the two appeals. The applicant wants to know if the Board will hear it; if so, they will toll the clock. Laurie Craghead said that it is a Code interpretation. Commissioner Baney feels they should hear it. Mr. Groves stated the time expires on June 15. They will toll the process during the LUBA decision on a previous Widgi Creek issue that is now underway. Ms. Craghead said that testimony was taken last week and LUBA wants more time for their process as well. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 1 of 9 Pages Will Groves said that the Board can hear de novo or on the record, or limited de novo with specific guidelines. The Board usually hears de novo so all information can be shared. The Commissioners agreed to hearing these two appeals de novo. BANEY: Move signature of Order Nos. 2015-029 and 2015-030. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 2. Third Quarter Department Performance Measurements Update. Judith Ure provided an overview of the update and submitted documents. Justice Court Judge Charles Fadeley said his update based on the number of small claims cases that are resolved and similar activity. Judge Fadeley said there were 700 small claims filings, and all but 74 went by default, when the defendant did not answer. A judgment was issued. This is a typical number for small claims cases. The 74 that were answered went to mediation, and 53 of those were resolved. The rest resulted in trial. This means he is able to do other things in the Court. These are not usually legal issues but are personal type claims. It is better if these can be resolved in mediation. Central Oregon Mediation handles these claims. Sheriff's Office The Sheriff's Office tracking has to do with calls for service. Erik Utter, Patrol Captain, said that the calls for service come through 911 or self-initiated actions while on duty. When an officer responds to a call, there are also follow-up actions needed. This gives a good understanding of the number of calls, and also whether they are meeting the objective of being able to handle those calls. They want to be sure proper follow-up occurs and that citizens' rights are being protected. Some calls do not require a criminal investigation or are civil in nature. They try to connect citizens with resources. They also seek out opportunities to work with citizens. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 2 of 9 Pages They anticipated calls for service in 2015-16 at 34,500 and should be close to that. They are seeing more activity, due to more tourists and other issues. If they start to see self-initiated activity not keeping up with the calls for service, they may have to make adjustments. Animal control technicians are now on 12-hour shifts since they not only handle animal calls but to low-level misdemeanors. They will propose an FTE for a school resource officer who can also help with other things in the summer months. They will have statistics soon on the types of crimes. The person crimes are higher, but overall the increase is about 5%. Property crimes are up about 12%. He does not see anything specifically that is more identifiable than others are. They are dealing with the standard issues with families, property issues and narcotics, but he is awaiting the hard data. Commissioner Baney asked about the mental health component, and how they assist other agencies with various programs and issues. Capt. Utter stated that those with behavioral issues result in calls almost every day. They made a concerted effort to train staff on how to handle these situations, and they have had to use force very seldom to contain the issue. The officers have special skills in communication and de-escalation. When working in rural environments, they need to have this skillset. Resources such as bed space for those individuals are becoming scarcer. They see deployment of search and rescue often with walk-away situations. COLES also is an important group, as well as those on the major incident team. They work with all community partners regarding mental illness, domestic violence and child abuse. The other is emergency preparedness. Nathan Garibay stated that drills are one indicator of how this is going; to make sure the skillsets are there and current. It also allows collaboration with other agencies. They participate in statewide events as well as local events with multiple agencies. They partner with public health; lately regarding the Ebola issue. They try to do four or more events a year. Chair DeBone said it is good for the departments and agencies to work together and know who to call, and who is to do what function. Capt. Garibay said they do this well here because there are so many other things that depend on inter- agency cooperation. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 3 of 9 Pages Commissioner Baney asked how they are involved in the statewide events. Capt. Garibay said the State schedules these ahead of time. Information is shared, and they get as many staff involved as possible. They work with citizens as well on the communications aspect. Sheriff Blanton stated that for them to have a philosophical approach that they respond to every call for service, is not the norm in the State and most agencies. He feels this results in more support from the community. You do not meet the public with on-line reporting. It is not about the response, but the follow-up. They do the best job they can but it is a challenge. If someone is self- destructive, the hospital may get involved but then the person is just released back to the jail. This is a huge liability as well. They participate at the State level as much as possible. Capt. Garibay spoke about the ODOT rail safety committee and his involvement. The rules are antiquated so they cleaned up the language, and push for greater safety. Oil trains get press, but there are other hazardous materials traveling up the roads and railways of the County. Systems need to be in place to get accurate information out in a timely basis. What it comes down to is how this is handled on a local level. Much of this is federally regulated but it comes down to a local response. Speeds are low in town, which helps. Security of rail yards is not that good but it is hard to address this due to the proprietary nature of the railroads. Health Department Jane Smilie addressed the Behavioral Health aspects. They are working with community partners and looking at a specialist for children that would bridge some gaps, in an intercept program. This involves the three counties, WEBCO and Pacific Source. It is hard to bring in new partners without help to get this going. This will help build capacity. St. Charles will be involved, trying to divert children from higher level of care to lesser levels as appropriate. There are plans to help children who have behavioral health issues at school. They are big enough to see the need but sometimes not big enough to make the program stick. The services are for any kids of any age, school age to young adult. One program deals with young adults in transition. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 4 of 9 Pages Commissioner Unger asked if they engage when a mental health situation at a school turns violent. Ms. Smilie stated there are therapists in schools, and there is a continuum of services for students. They have a presence in the school- based health care centers. They also help children that are not doing well in a classroom setting. There is a new Medicaid option to help individuals qualify for in-home support. There has been a 20% increase in one year for this. The legislature is discussion how to bring more funding to this. It is very successful and she expects to see more of this type of development. They received a sustainable research grant to create an environment for the CCO and community partners to come up with ideas on chronic disease self- management and treatment. This should develop into a work plan to address diabetes prevention, which is a big national problem. The program is based a lifestyle intervention to help people change their lives. This has been tested in many places and has reduced risk about 58%. They are also looking at expanding the living well program to help people deal with chronic disease; and the tobacco quit line. Ms. Smilie said that the criteria for being in the diabetes program are one or more risk factors. Referrals can come from providers or the community. Awareness is a big part of this. Commissioner Baney asked how they could incentivize people to be involved. Ms. Smilie said they are not that far down the road yet, but in some places, they have a Medicaid waiver with incentives for participation. Solid Waste Timm Schimke said they want to maximize the resources they have. The rock from the landfill excavation does not work well for concrete or asphalt, but they can use it for gravel roads or road shoulders. During construction of Cell 6, a lot of the gravel went to the Road Department, and to ODOT at a reduced price. This offset excavation costs. This material can also be used for general fill for larger projects such as overpasses. Contractors know this, and can incorporate the material in their work for other agencies and projects. Some rock has been set aside for future use. Rock has been provided to the City of Bend at no cost from Solid Waste or from the Road Department.. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 5 of 9 Pages Commissioner Baney asked if the landfill would be reopened on Sundays. Mr. Anderson stated that this would be discussed during budget hearings. Community Development Nick Lelack said the agricultural lands program is not being evaluated on the ground but through discussions with the DLCD. The State was not positive about this. If circumstances changed because of permitted uses in the zone, the State feels this is not a basis to change the agricultural basis. The same applies to forest designations. There is an existing path, but the State will not consider how expensive or difficult that path might be. These changes are necessary but may have to be reached through rulemaking. It takes a long time for this process, and it is very complicated. Other ways to help the Haner Park property owners are being investigated. The other issue is Goal 11 exception process. They have had four informational meetings in south County. There are strong opinions on this, but the County is committed to move forward with assisting the DEQ and others. Kittleson & Associates will address the traffic issues considering expanded development of existing lots. There will be a hearing before the Planning Commission in July. Mr. Lelack said they explored the unincorporated community designation with Jon Jennings. He feels this is highly unlikely. Chair DeBone would like to get all to come together and agree on the facts to date, and try to go forward from there. Property & Facilities Erik Kropp said there is a program through Energy Trust to enhance energy efficiency that Property & Facilities is researching. Lighting and HVAC controls have been replaced with new technology in several buildings. They can use natural gas or electric for heat, depending on which costs less at the time. A committee will look at how employees work and how to change the impacts of their energy use. For instance, plug load can be as much as 50% of the power use. There should be a strategy implemented on this. They are also working with other agencies to reduce the cost of insurance and. other purchases. They are purchasing excess insurance coverage as part of a pool (which includes many of the major cities and counties in Oregon) to reduce the cost. They are also looking at expanding what is covered under the policy. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 6 of 9 Pages Other Mr. Anderson stated Administration hope to show the Board how goals and objectives are being addressed and if this should be presented in other ways. Chair DeBone said he sees the value and is pleased with what is being reported. Commissioner Unger appreciates the interaction as this helps him understand how the goals fit. Mr. Anderson stated that the Departments are working on measures for the next year. They will do the same thing next year to keep the Board informed. 3. Other Items. Commissioner Baney said a grant request from Leadership Bend has been requested. A summit is their class project, and hopes to help nonprofit development. They provide cash awards at completion. They would like 51,000 to help with this program. Judith Ure said this is possible because the final lottery payment came in a little higher than expected. UNGER: Move approval, with one-third from each Commissioner's allotment. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Commissioner Unger stated that Sagecom, which deals with Sage Grouse issues in the State, wants to follow the Governor's recommendations. He asked if the County should be specifically named. AOC is involved and therefore the County is as well. They agreed to sign a letter of support in this regard. Scot Langton spoke about House Joint Resolution 21, an exemption from the $2 minimum from the general fund. This is chiefly supported by Commissioner David Brock Smith of Curry County, who does not want to see any amendments. Mr. Anderson said that AOC could draft an amendment, but other counties are involved, so Deschutes County needs to get their buy-in. The Resolution is moving forward. The amendment could be very specific concerning local option taxes. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 7 of 9 Pages Commissioner Baney stated it might help the cities, and she supports this if it does not negatively impact the County. It will go to the voters in the fall. Mr. Anderson stated that the County would be subject to increasing the rate to $2. It could assist the cities with compression due to Measure 5. Deschutes County is at $1.27, so it unknown how this can be carved out. Then you add the service districts, cities, library and others. If it passes, the County would have to increase this to $2. It would not apply to many counties who are already over $2, but Deschutes County is in a special class since it already has permanent funding for law enforcement. Mr. Langton said that some counties are in dire straits and this is why the Resolution is being pursued. Commissioner Unger stated that it will be at the State level but the Commissioners will be drawn into it. He would like to see it benefit 911. Mr. Anderson said if the County wants to be removed from the bill, or have it amended, a response is needed. Mr. Langton stated that it might come down to how the $2 is counted. However, the services in the permanent rate are not well defined. Including the Sheriff's permanent rate would bring it to more than $2. Erik Kropp referred to SB 97A regarding improving veterans' health care benefits. They would get five points as a veteran and ten points if disabled, but the total number previously was not explained. This Bill clarifies that the total is 100. AOC supports it. Regarding the State's request for the reading of a Proclamation regarding Elder Abuse Awareness Day in June, the Board agreed to schedule it. Commissioner Baney had to leave the meeting at this point. David Doyle's evaluation was postponed to when the Commissioners have more dedicated time. The Board felt it appropriate to send a letter to William Chan, who has retired from the military, acknowledging his service, per his request. Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 8 of 9 Pages UNGER: Move signature of the letter. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. Being no other items discussed, the meeting was adjourned at 3:50 pan. /01-7 DATED this Day of r r` �-`� , 2015 for the Deschutes County Board of Commissioners. 0 de( Anthony DeBone, Chair aa Alan Unger, Vice Chair ATTEST: 1 Tammy : . ey, Co j issioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, May 13, 2015 Page 9 of 9 Pages ' VA 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, MAY 13, 2015 1. Discussion of Widgi Creek Pool and Fairway Appeals—Laurie Craghead 2. 3 rd Quarter Department De artment Performance Measurements Update —Judith Ure 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;or other issues under ORS 192.660(2),executive session. 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 encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call(541)388-6571,or send an c-mail to bonnie.baker(ij)deschutes.org. 1E-S C (7), „u Community Development Department ���q� p1�1f"”} ir1>N 1tr""� ` np\ "\, Planning Division Building Safety Division Environmental Soils Division,Tt N� 11' p.w\\q1\111I1�-1N\+V��1. 1��d1 @r�J� \4;,p\\1�1;1 �1��N1d✓,r� ?, �1 \`., P.0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www,ca.deschutes.or.us/cdd/ MEMORANDUM DATE: April 24, 2015 TO: Board of County Commissioners FROM: Will Groves, Senior Planner RE: Whether to hear the Kine & Kine Properties appeal of a Hearings Officer's decision. File Nos. 247-14-000391-TP, 247-14000392-SP, and 247-14-000393- LM (247-15-000207-A) Before the Board of County Commissioners (BOCC) is an appeal filed by Kine & Kine Properties. The appeal is submitted in response to a Deschutes County Hearings Officer's decision that a proposed subdivision does not comply with all applicable regulations. The appellant requests the BOCC formally consider the decision. BACKGROUND The applicant, Kine & Kine Properties, requested approval of an eight-lot, zero-lot-line subdivision consisting of a partial replat of Elkai Woods Townhomes Phase Ill, as well as site plan and non-visible Landscape Management (LM) review for dwellings on the proposed subdivision lots. The proposal is on property in Widgi Creek zoned Resort Community (RC) and LM and located on land developed with a swimming pool, community building, and parking area. The Hearings Officer issued a decision on April 6, 2015 finding that the proposal does not comply with all applicable regulations. On April 17, 2015, Kine & Kine Properties appealed the decision to the BOCC. The 150-day period for issuance of a final local decision under ORS 215 expires on June 15, 2015. APPEAL The notice of appeal describes several assignments of error. These are summarized below, with references to those pages within the decision where the Hearings Officer addressed the issue. Quality Services Performed with Pride (a) The Hearings Officer erred when she concluded Comprehensive Plan Policy 4.8.2 applies to the subject property and requires it to remain undeveloped except for community amenities. H.O. Decision, p. 7, 26.1 (b) The Hearings Officer erred when she used the "physically developed" exception process as a basis to conclude the BOCC intended to limit future development at Widgi Creek to all but 14 acres. H.O. Decision, p. 12, 25-26. (c) The Hearings Officer erred when she concluded Comprehensive Plan Policy 4.8.2. was intended to maintain the status quo at Widgi Creek as of 2001. H.O. Decision, p. 23. (d) The Hearings Officer erred when she failed to apply the definition of "Common Area" in the County Comprehensive Plan to the subject property. H.O. Decision, p. 25. (e) The Hearings Officer erred when she concluded there was nothing in Ordinance 2001- 046 and -048, the RC Zone or the RC plan policies that "otherwise zoned" the subject property for development. H.O. Decision, p. 26. (f) The Hearings Officer erred when she concluded the proposal to create a subdivision of 8 zero lot line lots and remove the common area notation did not constitute a replat and was not authorized under ORS Chapter 92. H.O. Decision, p. 27, 30. (g) The Hearings Officer erred when she concluded the Conditions of Approval Agreement requires the applicant to permanently maintain the community amenities on the subject property, including the pool, community building, parking areas and landscaping. H.O. Decision, p. 28-30. (h) The Hearings Officer erred when she concluded the configuration of the private road and Lots 6, 7 and 8 would not relate harmoniously with the existing development. H.O. Decision, p. 39. (ii) The Hearings Officer erred when she concluded the removal of the pool, building, parking area and landscaping on the subject property and the development of dwellings would not be harmonious with the existing development. H.O. Decision, p. 40. (j) The Hearings Officer erred when she concluded the proposed subdivision and residential development do not contribute to the land use patterns of the area. H.O. Decision, p. 50. (k) The Hearings Officer erred when she concluded the orientation of Lots 6, 7 and 8 is not appropriate for the type of development and use contemplated. H.O. Decision, p. 61. (I) The Hearings Officer erred when she applied the double frontage standards to the zero lot line subdivision and when she concluded the double frontage on Lots 1, 2 and 3 was not essential or appropriate. H.O. Decision, p. 62. (m)The Hearings Officer's decision violates Article I, Section 18 of the Oregon Constitution and the Fifth Amendment of the U.S. Constitution by interpreting the County Conditions of Approval agreement in a way that results in a taking of private property for public use by requiring the private property owner to dedicate his property to community use and permanently maintain improvements thereon for the benefit of the community. File Nos.247-14-000391-TP,247-14000392-SP,and 247-14-000393-LM(247-15-000207-A) Page 2 of 4 (n) The Hearings Officer's decision violates Article I, Section 18 of the Oregon Constitution and the Fifth Amendment of the U.S. Constitution by interpreting the County Code and Comprehensive Plan to require the subject property to be devoted to community uses. The appellant requests de novo review. In deciding whether to hear an appeal, the BOCC may consider only the notice of appeal, the record of the proceedings below and discussions with staff regarding the record and any staff recommendations. DCC 22.32.030(D). No additional comments from the parties is allowed. The appellant requests de novo review. In deciding whether to hear an appeal, the BOCC may consider only the notice of appeal, the record of the proceedings below and discussions with staff regarding the record and any staff recommendations. DCC 22.32.030(D). No additional comments from the parties is allowed. If the BOCC decides to hear the appeal, the review shall be on the record unless the BOCC decides to hear the appeal de novo. The BOCC may hear this matter de novo if it finds the substantial rights of the parties would be significantly prejudiced without de novo review and it does not appear that the request is necessitated by failure of the appellant to present evidence that was available at the time of the previous review. The BOCC may also choose as de novo review when, in its sole judgment, a de novo hearing is necessary to fully and properly evaluate a significant policy issue relevant to the proposed land use action (DCC 22.32.027(B)(2)(c) and (d)). The BOCC may, at its discretion, determine that it will limit the issues on appeal to those listed in the notice of appeal or to one or more specific issues from among those listed on the notice of appeal (DCC 22.32.027(B)(4)). DECLINING REVIEW If the BOCC decides that the Hearings Officer's decision shall be the final decision of the county, then the BOCC shall not hear the appeal and the party appealing may continue the appeal as provided by law. The decision on the land use application becomes final upon the mailing of the BOCC's decision to decline review. STAFF RECOMMENDATION Reasons to hear: 1) There are a number of significant code interpretation issues for which LUBA will be obligated to defer to the BOCC if the interpretation is at least plausible. The BOCC may want to reinforce or refute some or all of the Hearing Officer's findings/interpretations prior to LUBA. Reasons not to hear: 1) CDD Staff and Legal believes the hearings officer decision is well reasoned and well written and could be supported as is on appeal. 2) The policy and interpretative questions are limited to the Widgi Creek development and would not impact land use outside of that resort community. File Nos.247-14-000391-TP,247-14000392-SP,and 247-14-000393-LM(247-15-000207-A) Page 3 of 4 3) The "Mile Post One" case (TP-14-1024, SP-14-8, LM-14-17) that was not heard by the BOCC is presently on appeal at LUBA. The outcome of that appeal may impact the criteria that apply to the current appeal. The uncertain timing of the "Mile Post One" LUBA decision adds complexity to the current decision. 4) The applicant may challenge the denial at LUBA as a remedy to the Hearing Officer's denial. Attachments 1. Hearing Officer's decision 2. Notice of Intent to Appeal 3. Draft Order to not hear this matter File Nos.247-14-000391-TP,247-14000392-SP,and 247-14-000393-LM(247-15-000207-A) Page 4 of 4 • Community Development Department "'d / Planning Division Building Safety Division Environmental Soils Division y'a 1r✓, '.��' Iry .A i°"St,;t° ' ^ R«�I ` ": p"k" pY P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or,us/cdd/ MEMORANDUM DATE: April 24, 2015 TO: Board of County Commissioners FROM: Will Groves, Senior Planner RE: Whether to hear Kine & Kine Properties appeal of a Hearings Officer's decision. File Nos. 247-14-000395-TP, 247-14000396-SP, and 247-14-000397-LM (247- 15-000206-A) Before the Board of County Commissioners (BOCC) is an appeal filed by Kine & Kine Properties. The appeal is submitted in response to a Deschutes County Hearings Officer's decision that a proposed subdivision does not comply with all applicable regulations. The appellant requests the BOCC formally consider the decision. BACKGROUND The applicant, Kine & Kine Properties, requested approval of a nine-lot, zero-lot-line subdivision called "The Refuge at Widgi Creek," as well as site plan and Landscape Management (LM) review for dwellings on the proposed subdivision lots, on property in Widgi Creek zoned Resort Community (RC) and LM and located between Seventh Mountain Drive and the first fairway of the Widgi Creek Golf Course. The Hearings Officer issued a decision on April 6, 2015 finding that the proposal does not comply with all applicable regulations. On April 17, 2015 Kine & Kine Properties appealed the decision to the BOCC. The 150-day period for issuance of a final local decision under ORS 215 expires on June 15, 2015. APPEAL The notice of appeal describes several assignment of error. These are summarized below, with references to those pages within the decision where the Hearings Officer addressed the issue. (a) The Hearings Officer erred when she concluded Comprehensive Plan Policy 4.8.2 applies to the subject property and requires it to remain as a golf course or be developed for open space or recreation uses. H.O. Decision, p. 23-28. Quality Services Performed with Pride (b) The Hearings Officer erred when she used the "physically developed" exception process as a basis to conclude the BOCC intended to limit future development at Widgi Creek to all but 14 acres. H.O. Decision, p. 12, 26-28. (c) The Hearings Officer erred when she concluded Comprehensive Plan Policy 4.8.2. was intended to maintain the status quo at Widgi Creek as of 2001. H.O. Decision, p. 24. (d) The Hearings Officer erred when she concluded the subject property was "developed" as a golf course. H.O. Decision, p. 25-28. 1. The version of the H.O. Decision received by Appellant did not contain page numbers. Therefore, for purposes of specificity, the Appellant numbered the pages, attached the Decision hereto and refers to those page numbers to identify the issues on appeal in the assignments of error. (e) The Hearings Officer erred when she concluded the configuration of the driveways for Lots 8 and 9 did not create a safe environment within the meaning of DCC 18.124.060C. H.O. Decision, p. 45. (f) The Hearings Officer erred when she concluded the configuration of Lots 8 and 9 will create safety hazards and therefore not be harmonious within the meaning of DCC 18.124.060E. H.O. Decision, p. 46. (g) The Hearings Officer erred when she concluded the proposed subdivision and residential development will not be consistent with the land use patterns of the area. H.O. Decision, p. 55. (h) The Hearings Officer's decision violates Article I, Section 18 of the Oregon Constitution and the Fifth Amendment of the U.S. Constitution by interpreting the County Code in a way that results in a taking of private property for public use by requiring the private property owner to devote his property to golf course or community use for the benefit of the community. The appellant requests de novo review. In deciding whether to hear an appeal, the BOCC may consider only the notice of appeal, the record of the proceedings below and discussions with staff regarding the record and any staff recommendations. DCC 22.32.030(D). No additional comments from the parties are allowed. If the BOCC decides to hear the appeal, the review shall be on the record unless the BOCC decides to hear the appeal de novo. The BOCC may hear this matter de novo if it finds the substantial rights of the parties would be significantly prejudiced without de novo review and it does not appear that the request is necessitated by failure of the appellant to present evidence that was available at the time of the previous review. The BOCC may also choose as de novo review when, in its sole judgment, a de novo hearing is necessary to fully and properly evaluate a significant policy issue relevant to the proposed land use action (DCC 22.32.027(B)(2)(c) and (d)). The BOCC may, at its discretion, determine that it will limit the issues on appeal to those listed in the notice of appeal or to one or more specific issues from among those listed on the notice of appeal (DCC 22.32.027(B)(4)). DECLINING REVIEW File Nos.247-14-000395-TP,247-14000396-SP,and 247-14-000397-LM(247-15-000206-A) Page 2 of 3 If the BOCC decides that the Hearings Officer's decision shall be the final decision of the county, then the BOCC shall not hear the appeal and the party appealing may continue the appeal as provided by law. The decision on the land use application becomes final upon the mailing of the BOCC's decision to decline review. In determining whether to hear an appeal, the BOCC may consider only: 1. The record developed before the Hearings Officer; 2. The notice of appeal; and 3. Recommendations of Staff(See: DCC 22.32.035(B) and (D)). STAFF RECOMMENDATION Reasons to hear: 1) There are a number of significant code interpretation issues for which LUBA will be obligated to defer to the BOCC if the interpretation is at least plausible. The BOCC may want to reinforce or refute some or all of the Hearing Officer's findings/interpretations prior to LUBA. Reasons not to hear: 1) CDD Staff and Legal believes the hearings officer decision is well reasoned and well written and could be supported as is on appeal. 2) The policy and interpretative questions are limited to the Widgi Creek development and would not impact land use outside of that resort community. 3) The "Mile Post One" case (TP-14-1024, SP-14-8, LM-14-17) that was not heard by the BOCC is presently on appeal at LUBA. The outcome of that appeal may impact the criteria that apply to the current appeal. The uncertain timing of the "Mile Post One" LUBA decision adds complexity to the current decision. 4) The applicant may challenge the denial at LUBA as a remedy to the Hearing Officer's denial. Attachments 1. Hearing Officer's decision 2. Notice of Intent to Appeal 3. Draft Order to not hear this matter File Nos.247-14-000395-TP,247-14000396-SP,and 247-14-000397-LM(247-15-000206-A) Page 3 of 3 Introduction Deschutes County FY 2015 Goals and Objectives Mission Statement Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner Safe Communities: Protect the community through planning, preparedness, and coordinated public safety services. 1. Facilitate collaborative planning among county and community partners to enhance emergency preparedness. 2. Promote targeted prevention,diversion. and intervention programs to reduce recidi visor and future demands on county services achieved through die continuum of incarceration, detention, and supervision services. 3. Respond to,investigate, and prosecute criminal activity to ensure the guilty are held accountable,the innocent are protected,and the rights of all citizens are respected. 4. Facilitate collaborative planning on county-wide communications and infrastructure. Healthy People: Enhance and protect the health and well-being of the community through advocacy, education, and services. 1. Consider population health wellness, so let y.and multi-nodal connect i vii y in the design and im pie mental ion of infrastructure. 2. Participate in defining and driving systems reform and alignment. 3. Ensure children,youth, and families are protected. healthy. and successful. 4. Provide timely access to quality and affordable health care for the most vulnerable populations. 5. Assess,preserve,promote, and protect the basic health and wellness of residents. 6. Provide physical and behavioral health treatment and support services to meet the needs of the community. 7. Promote preventive health through partnerships,community education,outreach, and advocacy. Robust Economy: Promote policies and actions that stimulate economic vitality. Initiate.strategic capital programming, including trail 5portat1o11 and communications m frast ructure, construction. and other needs. 2. Partner with organizations Ihat stimulate economic vitality. 3. Provide cost-efficient and innovative infrastructure that supports local economic opportunities and livable communities. 4. Support land use policies that promote beneficial utilization of the land for economic growth. 5. Support beneficial management and access policies of publicly owned natural resources to promote tourism and recreational activities. 6. Pursue inter-jurisdictional and interdepartmental cooperation to enhance service delivery and the cost- effectiveness of public services. Management of Natural Resources: Promote environmental stewardship through assessment, advocacy, and collaboration. L Partner with community members and appropriate agencies to preserve and protect South County's water resources. 2. Educate the public and enforce policies regarding novio its word control and eradication. 3. Support healthy and sustainable forest and public land management practices and oversight. 1. Enhance and protect air, land, and water resources. Effective Service Delivery: Maintain confidence in Deschutes County through sound fiscal management and responsiveness to the public. 1. Continue to provide opportunities for public engagement with Deschutes County government. 2. Provide support to County operations to ensure cost-effective and efficient delivery of services to the public. 3. Support employee development, productivity, and job satisfaction. 4. Support and promote Deschutes County Customer Service"Every Time"standards. Deschutes County, OREGON Page 9 Deschutes County Department Performance Measurements FY 2014-15—Third Quarter All Department Responses 9-1-1 Service District Goal Objective Department Measure Safe Communities #3: Respond to,investigate,and prosecute #1: 95%of all 9-1-1 calls will be answered within criminal activity to ensure the guilty are 5 seconds. held accountable,the innocent protected, #2—99.0%of all 9-1-1 calls will be answered and the rights of all citizens are respected. within 10 seconds. #3—Calls will be referred to dispatch in 3 seconds or less. Q3 Status: 1. 95% of all 9-1-1 calls will be answered within 5 seconds. Q1 94.1%; Q2 92.5%; Q3 92.1% a. This goal has never been reached. Staffs goal is to achieve the 95% level by the end of Q4, by which time several vacant line positions will have been filled. b. Staff attributes the degradation in this time to consistently operating at the District's minimum staffing level due to the low number of qualified line personnel. 2. 99% of all 9-1-1 calls will be answered within 10 seconds. Q1 99.7%; Q2 99.7%; Q3 99.7% 3. Calls are referred to dispatch in 12 seconds or less. Q1 12 seconds; Q2 7 seconds; Q3 11 seconds. a. The time for this standard that has been reported in the budget is past years as 3 seconds is actually the goal for our average ring time,which was met in Q2 and Q3. The following additional goals were identified in the District's Q1 update. 1. Determine the District's operational and capital needs through strategic planning. The District's 2015-2018 Strategic Plan was adopted by the Board in January 2015. 2. Maintain the current positive labor relations climate. The working relationship with the Employee Association remains positive. No grievances have been filed since mid-2014. Regular meetings of the Employee Relations Committee are taking place. 3. Get all vacant line positions staffed with fully trained Tel by the end of 2015. Five new hires started training in January 2015. Four more new hires started training in April 2015. Four more will be hired in August. 4. Value engineer the proposed county-wide radio system to more closely estimate its cost and service level. The Project Review Team (PRT) and the Executive Board have agreed staff and a qualified consulting firm should continue to refine the project's cost. Emphasis is being placed on maximizing partnership opportunities with the state radio project. In Q3 ADCOMM Engineering was hired to work with stakeholders to value engineer and cost the radio system project. 5. Concurrently develop partnerships and a governance agreement for the proposed radio system. Staff is working on a proposal to have the District take responsibility for all local public-safety radio system infrastructure maintenance on a user fee basis. The proposal will be vetted by the PRT and the Executive Board and if it warrants further action, it will be brought to the Board of County Commissioners for consideration. Development of the project, regardless of the outcome, will facilitate discussions about radio system governance and operations which will benefit the radio replacement project. In progress. 6. Obtain pub lic a pp roval for permanent funding for the District's operational and capital needs including the construction of a coordinated, countywide radio system. This item became a strategic plan goal. Staff has completed its analysis of costs for the District's operational needs, and is now working on estimating long term capital costs. Staff is meeting with County and Sheriff's Office officials to plan the handoff of responsibility for maintaining the County's existing radio system to the District as part of this process. Administrative Services Goal Objective Department Measure Effective Service Delivery #3: Support employee development, Number of workplace accidents that require days productivity,and job satisfaction. away from work,or transferred workers per 100 employees(DART Rate). Q3 Status: FY: 2015 Target—2.0/Year to Date—2.2 Goal Objective Department Measure Effective Service Delivery #6: Pursue inter-jurisdictional and Facilitate intergovernmental agreements with interdepartmental cooperation to enhance other public agencies. service delivery and the cost-effectiveness of public services. Q3 Status: Deschutes County recently joined the Oregon Public Entity Excess Pool (OPEEP) to purchase excess general liability insurance. The pool includes CIS, Clackamas County, Washington County, and Deschutes County. By joining OPEEP, Deschutes County will expand its coverage for excess general liability insurance (mainly by add medical malpractice insurance) for the same cost. Goal Objective Department Measure Effective Service Delivery #2: Provide support to County operations to Internal Audit recommendation acceptance rate ensure cost-effective and efficient delivery compared to the national average for local of services to the public. government auditors. Q3 Status: 100% acceptance rate. 97% customer survey satisfaction. Assessor's Office—No Response Provided Clerk's Office Goal Objective Department Measure Effective Service Delivery #4: Support and promote Deschutes County Enhance access to public records in digital _ Customer Service"Every Time"standards. format. Q3 Status: The County Clerk's Office recently digitized 94 years (1888 to 1982) of mortgage index records consisting of over 14,000 pages. The records were converted to permanent microfilm that will be retained by Oregon State Archives. Community Development Goal Objective Department Measure Robust Economy #2: Partner with organizations that #1: Coordinate with the City of Bend to adopt stimulate economic vitality. the Bend Airport Master Plan Update into the County's Comprehensive Plan and zoning code to promote economic sustainability and growth at the Airport. Q3 Status: City and County staff continue to coordinate on the timing of the City's application submittal. City staff have indicated the application will likely be submitted prior to fall 2015.. Goal Objective Department Measure Robust Economy #2: Partner with organizations that #2: Coordinate with the City of Redmond to stimulate economic vitality. amend its UGB for a large-lot industrial site and future Fairgrounds expansion. Q3 Status: City of Redmond staff convened a work session with their City Council on February 17 and received support to submit a 200+ acre large lot candidate site to Central Oregon. Intergovernmental Council (COIC) for consideration. COIC's Board will review it on May 7 and likely again in June prior to making a decision. If they endorse it, Deschutes County will collaborate with the City of Redmond to prepare a UGB amendment application. Goal Objective Department Measure Robust Economy #2: Partner with organizations that #3: Administer 3-year US EPA Brownfield stimulate economic vitality. Assessment grant with the Cities of Bend,La Pine,Sisters,and Redmond to identify contaminated sites and plan for redevelopment. Q3 Status: The City of Redmond is continuing its AWP with its third community meeting scheduled for May 7. In addition, the consultant team is working with EPA to finalize the Phase 2 ESAs, including inquiries from the Bend Park and Recreation District to examine sedimentation at Mirror Pond. Goal Objective Department Measure Robust Economy #4: Support land use policies that promote #4: Evaluate the County's Agricultural Lands beneficial utilization of the land for Program to determine if land use changes are economic growth. necessary at the local and/or state level to promote a successful agricultural and rural economy. Q3 Status: Three developments have occurred over the last several months that complicate implementing HB 2229: a January 8, 2015 Department of Land Conservation and Development(DLCD) letter, a conversation with former Community Development Director John Anderson (1978-85), and recent remarks by Jim Rue, DLCD Director during a meeting in Bend on April 17 with. City and. County officials. On May 6, the BOCC will consider at a work session, initiating a letter to Director Rue requesting rulemaking for HB 2229. Goal Objective Department Measure Robust Economy #4: Support land use policies that promote #5: Reconvene the Transferable Development beneficial utilization of the land for Credit(TDC)Advisory Committee to determine economic growth. if changes are needed to facilitate economic growth in La Pine's New Neighborhood in conjunction with groundwater protection in rural southern Deschutes County. Q3 Status: The TDC Advisory Committee convened on August 21 and conducted a total of five meetings. On December 18, members reviewed a matrix of options and identified their top two choices: 1) maintain the status quo; and, 2)reconvene the committee in 24 to 36 months. The BOCC supported the recommendation on February 4. Goal Objective Department Measure Robust Economy #5: Support land use policies that promote #8: Coordinate with the Sunriver Owners beneficial utilization of the land for Association(SROA)on a solution to conflicts economic growth. between traffic on Spring River Road and those seeking to launch boats or float on the Deschutes River from Harper Bridge. Q3 Status: SROA General Manager Hugh Palcic has committed to relocating the fence in the right-of- way to the property line to provide public access at Harper Bridge. In addition, SROA is working with the Deschutes Paddle Trail Alliance to develop a sign for the launch area, and working with CDD and the Road Dept. on the sign placement by the fence in public right of way on the SE side of Harper Bridge. Goal Objective I Department Measure Management of Natural #1: Partner with community members and #10: Coordinate with DEQ to(1)issue protective Resources appropriate agencies to preserve and protect onsite wastewater treatment system permits and South County's water resources. water quality risk and monitoring; (2)initiate a Goal 11 Exception for southern Deschutes County;and(3)provide education and outreach materials online and to community groups on livestock impacts on small residential properties. Q3 Status: Staff from the County, DEQ, and DLCD held public outreach meetings in the afternoons and evenings of April 7 at the SHARC in Sunriver and April 30 at the La Pine Senior Center. The meetings outlined timelines for submittal of a Goal 11 Exception for South County, roles and responsibilities for the findings, and potential timelines. Staff is now reviewing the draft findings and Goal 11 Exception area map based on the public's comments. DEQ/DLCD/Deschutes County will formally apply to the County for a Goal 11 Exception, and public hearings will be held before the Planning Commission and then the Board of County Commissioners. Currently, staff anticipates the process to finalize the findings will be April-May with the first evidentiary hearing before the Planning Commission occurring in early to mid-July. Goal Objective Department Measure Effective Service Delivery #2: Provide support to County operations to #14: Achieve an average turnaround time on ensure cost-effective and efficient delivery building plan reviews of 4.5 days. of services to the public. Q3 Status: The building plan review turnaround time is down to 6.76 days for the 3rd quarter performance measure. The performance measure is 4.5 days. The first quarter was about 9 days. The second quarter was about 7.9 days. Goal Objective Department Measure Effective Service Delivery #2: Provide support to County operations to #15: Achieve 85%voluntary compliance in ensure cost-effective and efficient delivery Code Enforcement Cases. of services to the public. Q3 Status: Staff achieved exactly an 85% compliance rate even with a 14% increase in code enforcement cases in 2014. Community Justice—No Response Provided District Attorney's Office—No Response Provided Fair & Expo Goal Objective Department Measure Effective Service #4: Support and promote Deschutes County 3. 90%customer satisfaction with concessions, Delivery Customer Service"Every Time"Standards. catering, facilities,operations, sales staff,and management. Q3 Status: As of 3/31/15 — 95%. Goal Objective Department Measure Robust Economy #5: Support beneficial management and #1: $35 million in value of economic impact access policies of publicly-owned natural generated from Fair and Expo events and facilities. resources to promote tourism and recreational activities. Q3 Status: As of 3/31/15 = $27,344,882. Finance—No Response Provided Health Services Goal Objective Department Measure Healthy People #4: Provide timely access to quality and #2: 90%of individuals discharged from a affordable health care for the most psychiatric hospital receive an outpatient vulnerable populations. behavioral health visit within 7 calendar days of discharge. #3: 90%of children and adolescents referred by DHS receive a behavioral health assessment within 45 calendar days of referral. Q3 Status: The Oregon Health Authority contracts with regional coordinated care organizations (CCOs) to manage the Oregon Health Plan budget for and the care provided to Oregon Health Plan members. The CCOs do this on an at-risk basis that includes financial incentives that are shared with providers for meeting specific quality incentive metrics (QIM). The Q1Ms are designed to improve the care provided to and the health status of plan members. The following are QIMS for which DCHS is one of the entities that share responsibility and to which financial incentives for the Central Oregon region are attached. Performance on these measures has improved substantially since the first quarter of 2015. Measure Numerator Denominator Individuals discharged from psychiatric hospital 27 30 90% receive an outpatient behavioral health visit within 7 calendar days of discharge(State benchmark is 70%) Children and adolescents referred by DHS receive a 5 5 100% behavioral health assessment within 45 calendar days of referral (Target is 90%)Note, the actual CCO measure is 60 days* Goal Objective Department Measure Healthy People #4: Provide timely access to quality and Other: Oregon Health Plan behavioral health affordable health care for the most clients seen within State timelines. vulnerable populations. Q3 Status: While we will continue to strive to reach 100% on all metrics related to access, performance in this area remains high, however, because we have seen a decline in the routine access, we are reviewing and potentially revising our access processes. In fact, the DCHS is undertaking a comprehensive initiative to assess and improve its access points— access points being all of the ways clients, providers, partners and the public access the Department. These include phone systems, front desk services, hours of operation, scheduling and assessment processes, external clinician contact, liaison and on-going relationships, psychiatric consultation and outlying clinics. Measure Numerator Denominator Emergent: Within 24 hours 57 62 92% Urgent: Within 48 hours 99 104 95% Routine: Appointment within 2 weeks 700 839 83% Goal Objective Department Measure Healthy People #4: Provide timely access to quality and #4: 90%of newly enrolled Nurse Family affordable health care for the most Partnership clients are screened for domestic vulnerable populations. violence within three months of referral. Q3 Status: Numerator Denominator 11 11 100% DCHS has surpassed its target for screening of new enrollees for domestic violence in the Nurse Family Partnership Program. Goal Objective Department Measure Healthy People #4: Provide timely access to quality and Other: Improved accountability. affordable health care for the most vulnerable populations. Q3 Status: The DCHS balances its statutory responsibility as a Community Mental Health Program to assure a continuum of services is available to the community, with a variety of requirements regarding accounting for and use of dollars from OHP, grants, state general funds and county general funds. DCHS has worked with direct service staff to increase knowledge and understanding of billing and has implemented new productivity standards. These efforts and the increase in OHP membership have resulted in an 88% increase in OHP services reported to the state between January 2014 and January 2015. This will have a positive impact on future funding. Encounter Data Average by Quarter $900,000 $800,000 ... -- ._...._..... . .........._.....—$700,000 —..._......... ..... — $600,000 — .-.._......._... —._ I 1st Qtr 2014 $500,000 --_..... ----- •2nd Qtr 2014 $400,000 — — •3rd Qtr 2014 $300,000 •4th Qtr 2014 $200,000 .... --._......_. ■1Qtr2015(1m) $100,000 — _...._.. $- Encountered(Billed)Dollars Goal Objective Department Measure Healthy People #2: Participate in defining and driving Other: Improvements in the behavioral health systems reform and alignment. continuum of care for children. Q3 Status: Community partners in Central Oregon are making strides in creating a more robust behavioral health continuum of care for children. Underway are plans for Youth Villages, Inc., to provide emergency department diversion services and specialty intensive in-home services for children. These services will be jointly funded by Deschutes, Jefferson and Crook counties, along with St. Charles Health System, and WEBCO. The DCHS has released a request for proposals for treatment foster care beds for children in the charge of Oregon Department of Human Services and for children's crisis respite services. Finally, working in conjunction with the High Desert Education Services District, DCHS is developing a request for proposals to have a psychiatric day treatment program for school children. Goal Objective Department Measure Healthy People #2: Participate in defining and driving Other: Transition to the Community First Choice systems reform and alignment. State Plan. Q3 Status: The K Plan is a new Medicaid state plan option authorized under the Affordable Care Act that allows states to provide home and community-based services and supports while receiving an increase federal funds for those services. With the transition to the Community First Choice State Plan (1915 K or K plan for short), the Intellectual/Developmental Disabilities Program has seen a significant increase in the number of clients being served. Between March 2014 and March 2015, the program's caseload grew nearly 20%, from 338 individuals to 407. The K plan has afforded more individuals to qualify for in-home supports, thus increasing their quality of life in the least restrictive environment. Goal Objective Department Measure Healthy People #7: Promote preventive health through Other: Collaborate with local Coordinated Care partnerships,community education, Organization to enhance health outcomes. outreach,and advocacy. Q3 Status: In February, DCHS was awarded a Sustainable Relationships for Community Health (SRCH) grant by the Oregon Health Authority. The purpose of this grant is to foster collaboration with the local Coordinated Care Organization(CCO) to develop and implement chronic disease prevention and self-management programs and services. DCHS, PacificSource, Central Oregon Health Council and OHA Transformation staff are participating in a series of institutes and meetings to delineate roles and responsibilities; identify staffing and training needs; outline data sharing and payment agreements; and ultimately create mechanisms to facilitate better care, better health, and lower cost. The consortium is focusing efforts on creating a Diabetes Prevention Program (DPP), expanding utilization and referrals to the Living Well Chronic Disease Self-Management Program, and increasing referrals to the Oregon Tobacco Quit Line. At the conclusion of the grant, local consortium members will have co-created a plan and agreements that enhance collaboration, promote public health-primary care linkages, and advance health system interventions to lessen the burden of chronic disease in Central Oregon. Information Technology Goal Objective Department Measure Effective Service #1: Continue to provide opportunities for #1: Modify the design and navigation of the Delivery public engagement with Deschutes County. County public website to better support access to the depth of information contained on the website by June 2015. Q3 Status: The modified website design went live in February. IT staff assisted departments with the migration of their website content. Most departments made the effort to review and reorganize their content. Work continues on development of specific features of the site to improve accessibility to public meeting information and commonly accessed public records. These efforts are independent of the website's update. Coal Objective Department Measure Effective Service #2: Provide support to County operations to #2: Provide technical support to the Finance Delivery ensure cost-effective and efficient delivery Department with the process of replacing the of services to the public. County finance,human resources,and payroll systems by June 2015. Q3 Status: An RFP for the software has been published. IT staff are involved in the all phases of the acquisition process. Current estimates are to have a vendor selected by the end of fiscal 2015. Goal Objective Department Measure Effective Service #2: Provide support to County operations to #3: Redesign the county intranet website and Delivery ensure cost-effective and efficient delivery work with departments to create new features and of services to the public. develop the skills among the most active users of the site by June 2015. Q3 Status: Change in a key position and conflicting projects have forced a delay in this project. We have started evaluating newer software product versions to determine the benefits of an upgrade. By looking at usage logs, staff will identify the most used content. This information will be coupled with a small survey of intranet users to establish a prioritized list of content to be addressed in the redesign. We are at least six months before the county sees any noticeable changes. Goal Objective Department Measure Effective Service #2: Provide support to County operations to #4: Establish stand-by data center resources at the Delivery ensure cost-effective and efficient delivery 9-1-1 data center as a fail-over to the production of services to the public. data center by June 2015. Q3 Status: Before this can be completed the IT Department and 9-1-1 need to negotiate an access agreement to the 9-1-1 Data Center. 9-1-1 has yet to respond to our requests. We not overly concern at this point for we've yet to make the necessary hardware available. The hardware investment necessary to make this happen is part of a normal replacement cycle. Replaced hardware will used as the secondary, or backup devices, to provide services in an emergency operations mode. The technology for creating hot stand-by(ready to be powered on) equipment has improved over the last year. New products have entered the marketplace and existing product continues to improve. The net result for the consumer is better tech for lower cost. Given the amount of market activity, a small delay in the project could be beneficial as it will allow us to evaluate more products. Justice Court Goal Objective Department Measure Effective Service #2: Provide support to County operations to #1: Rate of collection on outstanding receivables. Delivery ensure cost-effective and efficient delivery of services to the public. Q3 Status: During the third quarter of 2014-15, $316,162 was assessed in new receivables and $190,794 was collected. This is a collection rate of approximately 60%. It should be noted that our current software program does not compute receivables in the same fashion our old software did. Collection rates for FY 2013, 2014 & 2015 were computed with different variables than prior years; and therefore appear to be lower than previous standards. Goal Objective Department Measure Safe Communities #2: Promote targeted prevention,diversion, #2: Percentage of small claims cases resolved and intervention programs to reduce (judgment,dismissal,or mediated agreement) recidivism and future demands on County prior to trial. services achieved through the continuum of incarceration,detention,and supervision services. Q3 Status: 209 small claims cases were filed during the third quarter of 2014-15. Answers were filed on 19 of these cases, but after only 3 cases will be going to trial. That is a resolution rate of approximately 98.5% . Goal Objective Department Measure Safe Communities #2: Promote targeted prevention,diversion, #3: Success rate for defendants offered alternative and intervention programs to reduce resolution. recidivism and future demands on County services achieved through the continuum of incarceration,detention,and supervision services. Q3 Status: Currently maintaining success rate of approximately 67%. Legal Counsel Goal Objective Department Measure Effective Service Delivery #2: Provide support to County operations #1: Provide timely,coordinated,and streamlined to ensure cost-effective and efficient legal services to all County offices and delivery of services to the public. departments. Q3 Status: • Prior to 2015, Deschutes County 911 processed all public records requests internally. This practice placed 911 at risk of inadvertently disclosing protected information (including protected health information). The practice now is for 911 to process the request, gather the responsive information, and forward everything to Legal for review and formal delivery to the requesting party. This new process will better ensure that confidential information is not disclosed. • During our review of the public records process utilized by 911, we discovered that 911 was and is providing the District Attorney's Office with unconditional access to all 911 records. Staff at 911 assumed that the"law enforcement"provisions in the statutes provided authority for unconditional disclosures. Legal is concerned that certain medical information (drug and alcohol) and most information concerning minors should not be disclosed without a ROI or a court order. To that end, we will be working with the Circuit Court and the District Attorney to develop a Standing Order authorizing disclosure(and thus insulating 911 from civil liability). Natural Resource Protection Goal Objective Department Measure Management of Natural #3: Support healthy and sustainable #1: Complete implementation of the Bend Fuels Resources forest and public land management Community Assistance fuel reduction grant. This practices and oversight. grant has a target of treating 700 acres of hazardous fuels in the highest priority areas in the Greater Bend Community Wildfire Protection Plan. Q3 Status: 763 acres completed to date, most recently a 43 acre brush mowing project was completed with Bend Parks and Recreation to reduce fuels between Shevlin Park and the Shevlin Commons neighborhood. The remainder of the funding for this grant will be expended on projects planned for this spring. Goal Objective Department Measure Management of Natural #3: Support healthy and sustainable #2: Maintain or increase public participation in Resources forest and public land management the Fire Free events(spring and fall)coordinated practices and oversight. by Project Wildfire,as measured by yard debris collected. Q3 Status: 10,608 yards collected in the fall event. The spring event typically collects about 30,000 cubic yards and is planned for the month of May. Promotion has occurred with radio PSAs, news releases, and fliers sent to community members. Personnel—No Response Provided Property & Facilities Goal I Objective Department Measure Management of Natural #4: Enhance and protect air, land,and #4: Complete Strategic Energy Management Resources water resources. (SEM)project funded through Energy Trust of Oregon,targeted at reducing energy consumption in organizations with more than$1 million in annual energy expense. Outcome of this study will include an advisory group made up of County employees,an energy conservation policy,and list of activities and improvements to enhance conservation. Q3 Status: In the past year, Deschutes County reduced its usage of electricity and natural gas by more than $20,000, and we received an incentive bonus of more than $9,000 from Energy Trust. We have also completed some capital improvement projects related to HVAC controls and have received more than $40,000 in incentives. An energy conservation policy has been drafted and needs to be presented to the Board for approval. The first round of improvements dealt with buildings and systems. The next area of focus needs to be around human behavior factors that could reduce energy consumption. A committee will be organized to assist in this regard and to help promote conservation measures. Road Goal Objective Department Measure Robust Economy #3: Provide cost-efficient and #1: Report the overall average Pavement Condition Index innovative infrastructure that (PCI)of the county paved road network. The PCI is a supports local economic measure of the quality of pavement ranging from 0 opportunities and livable (completely failed)to 100(new surface). A PC1 greater communities. than 70 is considered"good"and optimum maintenance efficiency occurs within the low to mid-80s range. y b Q3 Status: No change from Q2. Goal Objective Department Measure Robust Economy #3: Provide cost-efficient and #2: Reports the percentage of roads with a PCI of 70 or innovative infrastructure that better. This measure,in concert with the overall PCI supports local economic rating,provides another metric by which to measure the opportunities and livable quality of the pavement asset and whether or not communities. improvement,sustainability,or regression is occurring across the entire system. Q3 Status: No change from Q2. Goal Objective Department Measure Robust Economy #3: Provide cost-efficient and #3: Reports the percentage of system receiving a innovative infrastructure that pavement maintenance treatment in a fiscal year. This supports local economic metric assists with comparison of actual maintenance work opportunities and livable performed versus ideal maintenance intervals(i.e.,chip communities, seals last 7 years,therefore 1/7`h(or 14%)of the network should be treated annually). 2 Q3 Status: No change from Q . Goal Objective Department Measure Robust Economy #3: Provide cost-efficient and #4: Reports the ratio of pavement preservation investment innovative infrastructure that divided by the"system needs"investment required to supports local economic sustain the PCI at its current level. The FY 14 PMP model opportunities and livable estimates an annual average"system needs"of$4.5M communities. investment necessary to sustain the PCI over a 5-year to 10-year period. The FY 14 preservation investment was $4.1M(91.1%sustained). The PMP model estimates a 0.1 PCI point degradation(or increase)for every$235,000(+/- )subtracted(or added)to the annual pavement preservation investment(outcome measure). The goal of this PM is 100%,the target is improvement or upward trajectory. Q3 Status: No change from Q2. In addition to the above Performance Measures, the Road Department will provide periodic updates regarding progress and delivery of CIP projects to the Board of County Commissioners relating to the Commission's goal of: Robust Economy—Promote policies and actions that stimulate economic vitality. In FY 15, the Road Department will also update the Board of County Commissioners regarding the Fleet and Equipment Program as it relates to county goals. Q3 Status: The above BOCC update (CIP) will be scheduled in the fourth quarter of FY 15. Sheriff's Office Goal Objective Department Measure Safe Communities #2: Promote targeted prevention, #1: Complete expansion of the Adult Jail by diversion,and intervention programs to October 2015. reduce recidivism and future demands on. county services achieved through the continuum of incarceration,detention, and supervision services. Q3 Status: During the quarter the jail staff was able to shift inmates into unoccupied cells to ensure all cells were functional while the jail expansion was still under warranty. Refurbishing of dorms continued in Qtr 3. One dorm was completed in March with plans to refurbish an additional dorm by the end of the 4th Quarter. Goal Objective Department Measure Safe Communities #2: Promote targeted prevention, #2: 85 inmates participating in jail GED program. diversion,and intervention programs to reduce recidivism and future demands on county services achieved through the continuum of incarceration,detention, and supervision services. Q3 Status: During the third quarter of 2014-15 a total of 16 inmates participated in Jail GED programs. Year to Date 42 inmates or 49% of the FY2015 Target of 85 inmates have participated in GED programs. Goal Objective Department Measure Safe Communities #3: Respond to,investigate,and #3: 34,488 patrol calls for service. prosecute criminal activity to ensure the guilty are held accountable,the innocent protected,and the rights of all citizens are respected. Q3 Status: During the third quarter of 2014-15, the number of Patrol Calls for Service was 7,058. Total actual for the year is 24,728 or 72% of the FY2015 Target of 34,488 calls. Goal Objective Department Measure Safe Communities #3: Respond to,investigate,and #4: 44,718 self-initiated patrol calls for service. prosecute criminal activity to ensure the guilty are held accountable,the innocent protected,and the rights of all citizens are respected. Q3 Status: During the third quarter of 2014-15, the number of self-initiated Patrol Calls for Service was 11,706. Total actual for the year is 34,404 or 77% or the FY2015 Target of 44,718 calls. Goal Objective Department Measure Safe Communities #4: Facilitate collaborative planning on #5: Provide a recommendation for the next county-wide communications and generation emergency communication network for infrastructure. public safety agencies in Deschutes County. Q3 Status: The Sheriff's office continued to work with 911 to transfer ownership and maintenance of the current communication system to 911. A process will take place in Qtr. 4 to transfer the 800MHz Radio System Fund 245 FY2016 Budget from the Sheriff's Office to 911. DCSO will continue to support value engineering of new system concept. Goal Objective Department Measure Safe Communities #4: Facilitate collaborative planning on #6: Participate in 4 emergency preparedness county-wide communications and exercises. infrastructure. Q3 Status: During the quarter the Sheriff's Office Emergency Management staff participated in the Statewide Emergency Coordination Center exercise. Solid Waste Goal Objective Department Measure Robust Economy #6: Pursue inter-jurisdictional and Offer basalt rock,excavated from the County interdepartmental cooperation to enhance landfill to County departments and other local service delivery and the cost- agencies at a low cost. effectiveness of public services. Q3 Status: Ongoing development of Knott Landfill requires excavation of significant quantities of basalt rock. The Department works in cooperation with the Road Department as well as the City of Bend and other jurisdictions making the rock available to them for the cost of processing the materials only. As a result, they obtain rock for their operational needs at a lower cost, and Solid Waste benefits from lower excavation costs. We expect to take advantage of approximately 150,000 tons of rock in this manner during this fiscal year. The Department has finished rock processing for FY 14/15. We provided over 100,000 cubic yards of various aggregate products to the Road Department as well as the City of Bend Public Works Department. The majority of the rock produced was excavated out of the Cell 6 area of the landfill. Cell 6 is a 10 acre area which is currently being prepared for accepting waste. Preparation consists of excavation, placement of the liner system to protect the environment beneath the landfill, and installation of gas management and leachate managements systems. 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'Ci Mt 4 W 69 - 8 Cd v a, �c N U ¢ O . .Q = . +� M. v QS 0 on Os• N i-• t V 0 ;--1 S. -EA- 'Q " ' cn A ',j Ei 04) 6`go U 08 • � L a) C> N 4, P w Q 0 ED ii• 0 0 "G d W A Y 75 t rd •+ U o o • cC O vn , ¢ Pa L) •E V] y�C) 0 1Z cn 0 .0 O 0 ¢ a i „,,v-- 7”, 7,it w De",flok, ,-‹ il :-...- 0..$ c,;,Nio iiiiV '1440 April 27, 2015 In My View: Senate Bill 129A Offers Benefits for Deschutes County With the Oregon State Legislature currently in session, residents of Deschutes County may want to take particular notice of a Senate Bill 129A. If passed, the proposed legislation will generate much-needed funding for valuable school programs while also providing the means to attract businesses to Oregon which then create and sustain jobs, support the local economy, and invest in community infrastructure. Senate Bill 129A creates a dedicated revenue source for a variety of local and state education services, including Career and Technical Education (CTE)programs. CTE classes in engineering, manufacturing, natural resources and business management are currently offered in Bend, Sisters, La Pine and. Redmond high schools. These programs don't currently have a stable funding source, and so are often the first to be cut when the economy takes a dip. Committing stable and ongoing funding will help train students for the workforce while boosting graduation rates statewide. In addition, the proposed legislation will provide stable and ongoing funding for Oregon State University's Statewide Public Service Programs, which play an important role in creating and retaining rural jobs. These programs include agricultural experiment stations, extension services, and research programs in all 36 of Oregon's counties, including the Deschutes County Extension program in Redmond and the Central Oregon Agricultural Research Center in Madras. These are assets which directly benefit Central Oregonians and the environment in which we live. The bill accomplishes these goals by enhancing the Gain Share program, created by the Legislature in 2007. Gain Share is an essential component of Oregon's Strategic Investment Program (SIP), widely known to be the single most effective tool that local governments have to recruit and retain major employers. Although property tax reductions are made available under the program as an incentive to attract these employers, the businesses in turn provide Oregon 1 with the income tax revenue needed to fund K-12 schools and other public services statewide. Simply put, the changes proposed in SB 129A would increase the benefits for all Oregonians by providing more money to public schools, CTE programs, and other initiatives considered crucial to rural communities in our state. The improvements under SB 129A are possible while still protecting our state and local communities' most important economic development tool for producing revenue and jobs, an unqualified success of the Gain Share program. That's why the number of groups and individuals who have signed on to support SB 129A is vast, including, to name just a few: Oregon Economic Development Association, Friends of Family Farmers, Hillsboro School District, Association of DG 2015 - 282 Oregon Counties, League of Oregon Cities, Oregon Business Association, Oregon Business Plan (including the Portland Business Alliance), Oregon Environmental Council, Oregon Farm Bureau, Oregon Forest Industries Council, Associated Oregon Industries, City of Gresham, Clatsop County Board of Commissioners, Oregon State Association of Electrical Workers, Oregon State Building and Construction Trades Council, Oregon State Chamber of Commerce, Plumbing and Mechanical Contractors Association, Hillsboro Chamber, Sheet Metal Contractors Association, Strategic Economic Development Corporation, Plumbers and Steamfitters. We hope legislators will take note of this broad base of statewide support and approve SB 129A, supporting economic development and recognizing the important role local communities play in supplying money for the state's general fund. As citizens of Oregon and Deschutes County, please join us in our support for SB 129A and consider contacting our local legislative delegates to be sure your voice is heard. DESCHUTES COUNTY BOARD OF COMMISSIONERS PO Box 6005 Bend, OR 97708-6005 541-388-6570 ar0041J(---- Meti4 iyt 1 Ai - Anthony DeBone Alan Unger Tammy Baney • Chair Vice Chair Commissioner