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2017-274-Minutes for Meeting April 03,2017 Recorded 5/25/2017I Recorded in Deschutes County CJ2017-274 Nancy Blankenship, County Clerk Commissioners' Journal 05/25/2017 10:53:16 AM For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Allen Conference Room Monday, April 3, 2017 Present were Commissioners Tammy Baney and Anthony DeBone. Commissioner Phil Henderson was present at 1:34 p.m. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. Attending for a portion of the meeting were Matt Martin, Associate Planner; Peter Gutowsky, Planning Manager; Peter Russell, Senior Planner; Nick Lelack, Community Development Director; Chris Doty, Road Department Director; Whitney Hale, Public Information Officer; Judith Ure, Management Analyst; and one other citizen. One representative of the media was in attendance. CALL TO ORDER: Chair Baney opened the meeting at 1:30 p.m. ACTION ITEMS 1. Update of City of Bend Joint Management Agreement (JMA) and Amendments Title 19: Peter Gutowsky and Matt Martin of the Community Development Department were present to respond to Board request to review and discuss more context of the agreement with the City of Bend prior to the Joint Work Session of April 11, 2017. Deschutes County has agreements with all four municipalities in the county. The agreement with the City of Bend was last amended in 1998. Minutes of Board of Commissioners' Work Session April 3, 2017 Page 1 of 4 At the scheduled Joint Work Session, the City is requesting discussion of proposed amendments to the JMA. The key provisions were listed in the staff report dated March 24, 2017 as attached for the record. With the exception of prohibiting special water districts, there are no significant changes to the agreement. Land use and building permit responsibilities are delegated to the City, while road authority remains with Deschutes County until annexation. The City is proposing an urban holding zone for lands recently brought into the UGB but not yet annexed. The zone would preserve large areas of undeveloped or rural land for future urban development prior to annexation. Mr. Gutowsky suggested a commitment to revisit the JMA in five years. Commissioner DeBone agreed with a five year review due to the anticipated population growth. Discussion held on the provisions of the Urban Holding Zone or Title 19A. With regards to capital improvement projects, the Board agreed having information made available on infrastructure planning and the City's goals and objectives. The Joint Work Session will serve as the beginning discussions on the proposed agreement. Chair Baney suggested any further questions on the proposed agreement are sent to Peter Gutowsky. 2. Marijuana Related Businesses — System Development Charge Trip Generation Assumption and Rate Discussion Peter Russell, Senior Planner and Chris Doty Road Department Director presented information regarding system development charge (SDC) trip generation related to marijuana related business applications. SDCs are based on the number of new trips added to the County's transportation system. Trips are calculated per the Institute of Transportation Engineers (ITE) Trip Generation Manual. During the pre -application conference the applicant is aware of the SDC. Marijuana related land uses have three classifications: marijuana grow operation/production, marijuana related processing, and marijuana dispensary/retailing. Fees are based on nature of the business and generation of traffic and activity. Comparable land use codes from the ITE are used to calculate the SDC. Discussion held on the applicant issues raised of farm related building exemption. The language in Resolution 2013-020 (4a) reads: non-residential, farm -related buildings for growing and/or storing agricultural products to be used on site, and that do not generate additional commercial traffic, are exempt. Minutes of Board of Commissioners' Work Session April 3, 2017 Page 2 of 4 If the applicants can provide an alternate land use code for consideration from the ITE, the CDD staff would review that option to see if applicable to the business. Commissioner Henderson left the meeting at 2:44 p.m. due to another scheduled meeting. Commissioners Baney and DeBone felt the calculations for SDC assumptions and rates were reasonable. 3. Personal Health Assessments (PHA) Consideration of 2017 Program Kathleen Hinman, Human Resources Director reported on the 2017 personal health assessment program. She reviewed participation rates since 2013 and noted an increase. Last year the health assessment process took less time due to the change in blood draw method. Ms. Hinman presented a question in terms incentive as participant feedback offers consideration of changing the type of incentive. The Board expressed support in moving forward with a new type of incentive. Some ideas presented by Ms. Hinman were logo items such as a lunch box or picnic blanket. Feedback also has been received on the questionnaire on identifying high risk factors stating the data is not meaningful. A new questionnaire will be used. High risk values mirror with what we are seeing on our claims in the health plan. The costs of the plan include the zero insurance premium offer for the month of November upon completion of the health assessment and the cost of the incentive item. Human resource staff and the Employee Benefits Advisory Committee recommend moving forward with the plan. County Administrator Anderson commented the annual health assessment offers employees an annual physical that may not otherwise be completed on their own. Commissioners Baney and DeBone expressed their support. OTHER ITEMS • Planning Commission: Nick Lelack, Community Development Department Director reported one of the Planning Commission members term is up. Mr. Lelack asked the Board for their consideration on whether to reappoint the member or go through an open recruitment. Discussion held on the application process and the importance of encouraging geographic diversity in the membership. The seat will be open for applications but the current member will be encouraged to apply. • Eastern Oregon Counties Association (EOCA): This item will need to be brought back Wednesday for Commissioner Henderson's input as well. Discussion held on the timeframe of the membership and Commissioner Baney felt comfortable noting the Minutes of Board of Commissioners' Work Session April 3, 2017 Page 3 of 4 dues would cover January to July. Commissioner DeBone asked to find clarification of the dates covered by the invoice. ADJOURN: Being no further discussion, the meeting adjourned at 3:05 p.m. DATED this Day of Board of Commissioners. Recording Secretary 2017 for the Deschutes County Tammy Bane -9, Chair Anthony DeBone, Vice Chair derson, Commissioner Minutes of Board of Commissioners' Work Session April 3, 2017 Page 4 of 4 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, APRIL 3, 2017 Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. CALL TO ORDER ACTION ITEMS 1. Update of City of Bend JMA and Amendments Title 19 - Matt Martin, Associate Planner 2. Marijuana Related Businesses - System Development Charge Trip Generation Assumption and Rate Discussion. - Chris Doty, Public Works Director 3. Personal Health Assessments (PHA) - Consideration of 2017 Program - Kathleen Hinman, Human Resources Director OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Board of Commissioners Work Session Agenda Monday, April 3, 2017 Page 1 of 2 ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and ® activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Work Session Agenda Monday, April 3, 2017 Page 2 of 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 3, 2017 DATE: March 24, 2017 FROM: Matt Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Work Session -Update of City of Bend JMA and Amendments Title 19 PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Nick Lelack, Peter Gutowsky SUMMARY: The purpose of this work session is to prepare for the joint work session of the Bend City Council and the Board on April 11, 2017. In particular, changes to the Joint Management Agreement (JMA) and Deschutes County Code Title 19 will be discussed. Community Development Department Planning Division Building Safety DrviSion Environmental Soils Division P.0. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 38.8-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager DATE: March 24, 2017 SUBJECT: Deschutes County and City of Bend / Joint Management Agreement / Urban Holding Zone / Miscellaneous Amendments The Board of County Commissioners will be conducting a joint work session with Bend City Council on April 11, 2017. The meeting will take place at the Deschutes Services Center, Barnes and Sawyer rooms from 10:00 am to 12:00 pm. The purpose is to discuss: • Proposed amendments to the Joint Management Agreement (JMA); • New urban holding zone for lands recently brought into the Urban Growth Boundary (UGB), but not yet annexed; and • Minor amendments to Deschutes County's Bend Urban Area Zoning, Sign and Subdivision ordinances to add clarifying language and remove antiquated references. BACKGROUND Oregon Revised Statutes (ORS) 190.010 enables local government to enter into agreements. Deschutes County has JMAs with all four municipalities. The current Deschutes County / City of Bend JMA is intended to facilitate the orderly and efficient development of land inside the UGB as well as Bend's Urban Area Reserve (Attachment 1). Last amended in 1998, the cooperative agreement describes the rights and responsibilities of Deschutes County and the City of Bend for reviewing comprehensive plan amendments, implementing ordinances, land use actions, public improvement projects, enforcement, and other related matters. In 2016, the City of Bend and Deschutes County expanded the UGB to include 2,380 acres (Attachment 2). During the UGB expansion process, the State determined that Bend's Urban Area Reserve (UAR) designation has no effect under state law other than recognizing that those areas qualify as exceptions 1J Services • to Statewide Planning Goals 3 and 4. Based on that determination, the City of Bend removed the UAR designation and various references from their Comprehensive Plan.' 11. JMA AMENDMENT The modified agreement establishes clear responsibilities within Bend's UGB and removes any reference to the "Urban Area Reserve" (Attachment 3). Table 1 compares the existing JMA with the City's proposal. With the exception of prohibiting special water districts, there are no significant changes between the two versions. Land use and building permit responsibilities are delegated to the City of Bend, while road authority remains with Deschutes County until annexation. Table 1— Deschutes County / City of Bend Joint Management Agreement Amendment Key Provisions 1. Applies only to Urban Unincorporated Area (UUA) 2. County delegates land use and building permit authority to City of Bend in the UUA 3. County delegates code enforcement exclusively for land use and building permit cases to City of Bend in the UUA 4. Deschutes County retains authority for on-site wastewater program and any code enforcement related to it 5. City of Bend has exclusive jurisdiction for all quasi-judicial development applications and Comprehensive Plan and map amendments 6. County has final decision making authority of legislative amendments in the UUA 7. Sanitary districts in the UUA shall not be formed except as consistent with the Bend Area General Plan (not allowed) 8. Water districts in the UUA shall not be formed except as consistent with the Bend Area General Plan (not allowed) 9. County roads existing within the UUA will remain under county jurisdiction and maintenance until annexation 10. Any new roads or upgrades not related to maintenance or repair in the UUA associated with development will be built to City standards or require payment in -lieu 11. City of Bend has authority to charge water, sewer, and transportation SDCs in the UUA.3 1998 JMA (Current Agreement) Noe Yes Yes Yes Yes Yes Not allowed JMA is silent Yes JMA is ambiguous JMA is ambiguous Proposed Yes Yes Yes Yes Yes Yes Not allowed Not allowed Yes Yes Yes 1 The UAR is located around the Bend UGB and pertains, but is not limited to, Tetherow Resort, Cascade Highlands, Miller Tree Farm, Gulpher Gulch, and properties owned by Matt Day and the Coats family. It remains in Deschutes County's Comprehensive Plan as a plan designation specific to those lands. 2 Also applies to Bend Urban Area Reserve. 3 Prior to the City updating its Transportation System Development Charge (SDC) methodology to include properties in the UUA, the City will collect County transportation SDCs and remit the proceeds to the County. -2- III. URBAN HOLDING ZONE The City of Bend is proposing an urban holding zone for lands recently brought into the UGB, but not yet annexed (Attachment 4). The zone, which would be codified as Title 19A, would preserve large areas of undeveloped or rural land for future urban development prior to annexation. Table 2 summarizes the holding zone. Table 2 — Bend Urban Holding Zone 1. What is it? 2. Is it new? 3. Do other cities in Deschutes County rely on urban holding zones? 4. What is the purpose? 5. What types of uses are allowed? 6. Are their stringent development standards? IV. OTHER MINOR AMENDMENTS Key Provisions Title 19 A is an urban holding zone for lands recently brought into the City of Bend UGB, located in an urban unincorporated area, but not yet annexed. Yes. This is the first time the City of Bend has proposed an urban holding zone in Title 19. Yes. The cities of Redmond and Sisters have urban holding zones for lands within their urban unincorporated area.4 The urban holding zone is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. Single family detached housing, accessory dwelling units, manufactured homes, home occupation, farm use, bed and breakfast inn, and accessory structures, to name a few. Yes, specifically land divisions which will require a minimum lot size of 20 acres. The City of Bend is also proposing to add clarifying language and remove antiquated references in the Bend Urban Area Zoning, Sign and Subdivision ordinances as noted below under underline and strikeeuts. Deschutes County Code (DCC) 19.04.010. Title (Bend Urban Area Zoning) DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon. DCC Title 19 does not apply to lands in the Urbanizable Area (UA) District. DCC Title 19A applies to the UA District. DCC 19.04.040. Definitions (Bend Urban Area Zoning) "Bend urban area" means that area lying inside outside the adopted Bend Urban Growth Boundary that is shown on the Deschutes County Comprehensive Plan Map as Urban Area Reserve and outside the City of Bend boundaries. 4 City of Redmond Urban Holding Zone is DCC 20.12. https://weblink.deschutes.org/public/0/doc/89347/Pagel.aspx City of Sisters Urban Area Reserve Zone is DCC 21.16. https://weblink.deschutes.org/public/O/doc/4105/Pagel.aspx -3- DCC 15.08.015. Bend Urban Area Sign Code Not with standing any other provision of DCC 15.08, this chapter shall not apply to those lands lying outside the City limits of Bend and within the Bend Urban Growth Boundary, as that term is defined in that certain intergovernmental agreement entered into between the City of Bend and the County datcd February 18, 1998. The City of Bend Sign Code Ordinance, No. NS 1495, as adopted by the Board as DCC15.08 A, and as may be amended from time to time, shall apply i+l that geographic arca to those lands instead. 15.08.040. Specific Definitions Urban Growth Boundary (UGB) means the urban arowth boundary as adopted by the City and County and acknowledaed by the State, DCC 17.040.020(D). General Provisions (Subdivisions) D. DCC Title 17 shall not apply to the lands lying outside the city limits of the city of Bend and within the Bend Urban Growth Boundary_, as that term is defined in that certain intergovernmental agreement entered into between the city of Bend and the County dated February 18, 1998. The city of Bend Subdivision Ordinance, No. NS 1349, as adopted by the Board of County Commissioners as DCC Title 17A, and as supplemented by such other supplementing and/or amending ordinances as might from time to time be adopted shall apply to those lands instead. 17.08.030. Definitions Generally Urban Growth Boundary (UGB) means the urban arowth boundary as adopted by the City and County and acknowledged by the State, Attachments 1. Existing JMA, 98-12331 2. Bend UGB Map 3. JMA Amendment 4. Proposed Urban Holding Zone -4- 98-12331 0164-0439 AGREEMENT BETWEEN THE CITY OF BEND, OREGON, AND DESCHUTES COUNTY, OREGON, FOR THE JOINT MANAGEMENT OF THE BEND URBAN AREA 98 FEB 26 PH 1: 56 WHEREAS, the City of Bend, Oregon, hereinafterlirfptrsidi, cmai 1'�$ y", and Deschutes County, Oregon, hereinafter referred to as "Count��j,Urized under the provisions of ORS 190.003 to 190.030 to enter into intergovernmental agreements for the performance of any or all functions that a party to the agreement has authority to perform; and WHEREAS, ORS 197.175, 197.190, 197.275, and 197.285 and OAR 660-03- 010 require counties and cities to prepare and adopt comprehensive plans consistent with statewide goals, and to enact ordinances or regulations to implement the comprehensive plans; and WHEREAS, Statewide Planning Goal No. 14 requires that establishment and change of the urban growth boundary shall be a cooperative process between the City and the County that surrounds it; and WHEREAS, City and County recognize a common concern regarding the accommodation of population growth and utilization of lands adjacent to the City; and WHEREAS, City and County have adopted and coordinated consistent comprehensive plans which establish an Urban Growth Boundary for the urban area and policies related to urban development and the provision of urban services within the Urban Growth Boundary; and WHEREAS, City and County recognize that as their comprehensive plans and implementing ordinances are amended from time to time, that they shall remain consistent and coordinated with each other; and WHEREAS, City and County desire to transfer jurisdiction of County roads within the City; and to establish financial responsibility for capital construction and maintenance of such roads; and WHEREAS, City and County recognize that it is necessary to cooperate with each other to implement the urbanization policies of their comprehensive plans; NOW, THEREFORE, the parties do hereby agree as follows: 1. Definitions. MICRO€ILD APR 0 1 1998 Urban Growth Boundary (UGB). The urban growth boundary line acknowledged by the Land Conservation and Development Commission, which identifies and encompasses urban and urbanizable land��`1 efED acknowledged 1981 Bend General Plan the urban growth bourey 1,98 identified as the Initial Urban Growth Boundary (UGB). 1 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0440 Urban Reserve. Lands outside of the urban growth boundary identified as highest priority for inclusion in the urban growth boundary when additional urbanizable land is needed in accordance with the requirements of Goal 14. Urbanizable Land. Urbanizable lands are those unincorporated lands between the Bend city limits and the urban growth boundary. Urban Reserve Boundary (URB). The boundary line which identifies and encompasses the City, UGB and adjacent lands designated as urban reserve. Urban Facilities and Services. Basic facilities that are primarily planned for by local government but which also may be provided by private enterprise and are essential to the support of development in accordance with the comprehensive plan. Urban facilities and services include police protection, fire protection, sanitary facilities, storm drainage facilities, streets and roads, water facilities, planning, zoning and subdivision control, building safety, health services, recreation facilities and services, energy and communication services and community governmental services (including schools and transportation). 2. Intent of Agreement. A. City and County hereby agree to establish a procedure for the implementation of the UGB and URB both of which form an integral part of the City Comprehensive Plan and the County Comprehensive Plan. B. The procedures for implementation of the UGB, URB and the BAGP shall be as specified hereinafter in this agreement. C. The provisions of this agreement, the BAGP and the implementing ordinances, as amended, shall establish the procedure for review and action on the comprehensive plan amendments, implementing ordinances, land use actions, public improvement projects, and other related matters which pertain to the UGB. D. It is hereby recognized that actions relating to the land within the City may affect the joint management of the UGB and actions relating solely to lands within the UGB but outside the corporate limits of the City may impact lands within the City. E. All actions as specified by this agreement shall be taken to assure that the City and County Comprehensive Plans remain consistent and coordinated with each other. 2 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0441 F. It is the intent of City and County to transfer the building inspection and land use responsibilities from County to the City for unincorporated lands within the UGB. 3. The timing and additional details of implementation of Sections 4, 5 and 6 of this agreement are contained in the "Agreement Regarding the Transfer of Building and Land Use Responsibilities within the Bend Urban Growth Boundary" (attached as Exhibit "B"). 4. Comprehensive Plan and ImDlementina Ordinance Amendments. A. All legislative amendments to the BAGP for the UGB and implementing ordinances, and all legislative amendments to the UGB shall be enacted in accordance with the following procedures: 1. The City shall be responsible for textual changes in the BAGP or implementing ordinances within the UGB. When the jurisdiction of the textual change falls within the County, notice shall be provided by the City to the County not less than ten (10) days prior to first hearing on the issue by the Bend Urban Area Planning Commission (BUAPC). The County shall forward its comments back to the City prior to the first hearing on the issue. County recommendations shall be included in the City staff report. No response from the County staff to the request shall be presumed to mean no staff comment regarding the proposal. Following their review, the Planning Commission shall recommend to the governing bodies approval, disapproval or modification of the proposed amendments(s). 2. Upon receipt of the Planning Commission's recommendation, the City Council shall set a date for a City Council public hearing. The City Council shall adopt the findings of fact, and adopt, adopt with changes, or deny the proposed amendment(s). 4. Upon adoption by the City Council, the City shall forward the decision to the County. If the City requests the County to make the same changes, the City shall arrange for and provide public notice for a hearing by the Board of County Commissioners (BOCC). Any issues shall be resolved by the governing bodies. B. A quasi-judicial amendment to the BAGP maps or the zoning maps within the UGB shall be enacted in accordance with the following procedures: 1 The City shall have exclusive jurisdiction for all quasi-judicial plan map amendments and zoning map changes for lands within the City limits. Provided, however, the City shall notify the County of 3- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0442 the proposed changes and afford the County at least 10 days notice prior to the first hearings on proposed changes. 2. The City shall have jurisdiction to process all plan map amendments and zoning map changes in the unincorporated UGB (lands outside the City, but within the UGB). Provided, however, the City shall notify the County of the proposed map changes and afford the County at least 10 days notice prior to the first hearing on a proposed change. The Board of County Commissioners shall only hear plan map amendments and zoning map changes if required by ORS 215.431 and then only after approval by the City Council. All map changes shall be adopted by the Board of County Commissioners. 3. The City shall set a date for a public hearing on the proposed change in accordance with adopted land use procedures. 4. The City and County shall have standing to appeal all map amendments of the BAGP and zoning ordinance enacted by the other jurisdiction. 5. Review Process for Other Land Use Actions . The County shall use the following process for review and action on proposed land use actions other than those covered by Section 4 which are being considered within the URB. A. County shall retain jurisdiction over land use decisions within the urban reserve, and such decisions shall conform to these adopted policies: 1. Recognizing that urban reserve areas could ultimately become part of the City, the City's recommendation shall be considered. 2. The County shall send to the City a notice of pending applications for land use action within the urban reserve. The City shall have not less than ten (10) days to respond from the date of notification. City recommendations shall be included in the county staff report. No response by the City staff to the request shall be presumed to mean no staff comment regarding the proposal. 3. The City shall have standing to appeal all land use decisions in the urban reserve. B. The City shall retain jurisdiction over land use decisions within the City, and such decisions shall conform to these adopted policies: 1. Recognizing that land use decisions within the City affect the area outside the City and within the UGB, the County's recommendation shall be considered. 4 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0443 2. The City shall send to the County notice of pending land use actions within the City. The County shall have not less than ten (10) days to respond from the date of notification. County recommendations shall be included in the city staff report. No response by the county staff to the request shall be presumed to mean no staff comment regarding the proposal. 3. County shall have standing to appeal all land use decisions in the City. 4. The City may process County Land Use Permits, as specified in this agreement, prior to annexation. C. Land use decisions in areas outside the City and within the UGB shall be handled as set forth in article (5) of the Transfer Agreement. attached hereto as Exhibit B. The City shall send to the County a notice of pending applications for land use action within the UGB. The County shall have not Tess than 10 days to respond from the date of notification. County recommendations shall be included in the City staff report. No response by the County staff shall be presumed to mean no staff comment regarding the proposal. 6. Review Process for Other Activities. The City and County shall use the following process for review and action on public improvement projects, and similar programs, projects or proposals which are allowed by State land use laws and which will apply to the UGB, URB and within the City. A. The County shall seek a recommendation from the City with regard to the following items which are within, adjacent to, or directly impact the UGB or URB and for which the County has ultimate decision-making capacity: 1. Capital Improvement Programs. 2. Functional plan, or amendment thereto, for utilities, drainage, solid waste, transportation, recreation or other similar activity. 3. Plan, or amendment thereto, for economic or industrial development. 4. Proposal for formation of, or changes of boundary or functions of, special service districts, as these terms are defined in ORS 198.705 and 198.710, except as provided in ORS 199.410 and 199.512. 5. Recommendations for designation of an area as a health hazard. 5 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 6. Other plans or proposals similar to the above. 0164-0444 B. The City shall seek a recommendation from the County with regard to the following items which will affect the UGB, URB and the City, for which the City has ultimate decision-making capacity: 1. Capital improvement programs. 2. Functional plans, or amendments thereto, for utilities, drainage, recreation, transportation or other similar activity. 3. Plans, or amendments thereto, for economic or industrial development. 4. Proposals for the extension of any utility facility lines or service area. 5. Other plans or proposals similar to the above. C. The initiating jurisdiction shall allow the responding jurisdiction forty-five (45) days to review and submit recommendations with regard to the items listed in Sections 6 (A) and (B). Additional time may be provided at the request of the responding jurisdiction and with the concurrence of the initiating jurisdiction. D. The initiating jurisdiction shall consider, and shall respond to, as appropriate, the recommendations of the responding jurisdiction in making its decision. No response by the responding jurisdiction to the request shall be presumed to mean no comment on the proposal. 7. Sewer Boundary. A. The City and County agree to establish the URB as a sewer boundary. B. City shall provide sewage services to users within the UGB on the same basis as such services are provided to users in the City. The provision of sewage services by City shall be at all times consistent with and in the furtherance of all applicable federal, state and local laws, rules, regulations and policy. C. County shall do the following: 1. Cooperate with City and the Department of Environmental Quality in the administration of all applicable laws, rules and regulations in the provision of sewage services and effluent disposal within the URB. 6 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0445 2. Not approve the formation of sanitary districts or the like within the URB, except as consistent with the BAGP. 3. Adopt appropriate legislation requiring the installation of sewage collector systems within all new subdivisions as a condition of plat approval. 4. Refer persons proposing new development within the UGB to the City of Bend for information relating to the extension of sewage facilities to the property being developed. 5. Adopt legislation requiring persons receiving land use permits for new construction in the UGB to hook up to sewer facilities as they are extended to serve their properties. 8. Special Provisions. A. Annexations: 1 City annexation shall occur only within the UGB. 2. Specific annexation decisions shall be in compliance with applicable land use law and be consistent with governing annexation policies of the City of Bend. County and City recognize that the City will be annexing all or part of the urban growth boundary (UGB). Further, this agreement is made expressly to allow the City to annex territory to the City as provided for in ORS 195.205. It is anticipated that all the land within the UGB will eventually be annexed to the City. 4. Upon annexation, jurisdiction of all land use permits for any use within the area annexed shall be deemed automatically transferred from the County to the City. a. Upon annexation, the City shall recognize and have authority to implement and enforce County land use approvals together with all implementing agreements; including, but not limited to: improvement agreements, conditions of approval agreements, bonds and other similar arrangements. b. For land use approvals started prior to, but not completed by, the effective date of this agreement within the UGB and outside the City, implementing agreements shall be signed by the City and the County jointly including all improvement agreements, conditions of approval agreement, and all 7- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0446 bonds or other forms of security shall designate both the City and County as assured agencies. B. Urban Services: 1. The Sewer and Water Master Plan (1991) ("Master Plan"), as jointly adopted, shall be the controlling guideline for future sewer and water system construction within the URB until more detailed engineering consistent with the Plan's intent is available. City will extend water and sewer outside the UGB only as allowed by state land use law. a. Annexation to the City will be encouraged over the formation or expansion of special districts. b. The County will not approve subdivisions or partitions required by the zoning ordinance to have sewer or water that are not connected to a sewer system and a water system consistent with the master plan. 2. The City, County and affected agencies shall coordinate the expansion and development of all urban facilities and services within the UGB in a manner to promote early annexation of said areas to the City. a. Provisions for urban facilities and services shall be planned in a manner limiting duplication in an effort to provide greater efficiency and economy of operation. b. The City and County shall require urban facilities and services to be available concurrent with or prior to any development within the UGB. C. Consider legislation establishing systems development charges to be imposed upon all new development in the UGB. County and City systems development charges shall be coordinated, and in compliance with applicable law. 9. Jurisdiction of Roads within the Urban Growth Boundary A. Beginning July 1, 1998, the City shall accept jurisdiction for all County roads annexed to the City within the UGB. The City shall assume complete responsibility under the terms of this agreement for the transferred County roads. The City shall annex roads adjacent to property annexed to the City. 8 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164 0417 B. The County agrees to enact appropriate legislation transferring to the City jurisdiction under the terms of this agreement, all roads within the City limits prior to July 1, 1998. The City agrees to accept such transfer. C. SDC funds unencumbered by the County as of July 1, 1998, shall be transferred to the City for expenditure by the City on eligible capital improvement projects. D. Effective March 1, 1998, the City shall receive all SDC's collected within the UGB. The City shall assume responsibility for accounting for, and managing SDC's within the UGB. The City shall be responsible for setting the rates for SDC's within the UGB. Any outstanding SDC credit and reimbursement shall be transferred to the City. The City shall administer any such contract assigned to the City. E. The City shall assume maintenance and operational responsibilities for all County roads within the UGB as of July 1, 1998. The County shall beginning with the fiscal year starting July 1, 1998, pay to the City the following sums of money: Fiscal year starting July 1, 1998 $900,000 Fiscal year starting July 1, 1999 700,000 Fiscal year starting July 1, 2000 500,000 Fiscal year starting July 1, 2001 500,000 Fiscal year starting July 1, 2002 500,000 These sums shall be payable in 4 equal payments, due at the end of each quarter of the fiscal year. These monies will off -set the cost for the City to maintain county roads within the UGB. In addition, the County will transfer to the City maintenance equipment for these roads as specified in attached Exhibit A, incorporated herein by reference. F. Notwithstanding anything to the contrary in Section 14, this Section 9 shall not be terminable, except by mutual agreement of City and County. 10. Public Works Construction Standards. A. The County and City shall cooperatively develop development standards for sewer, water, fire flows, roads and drainage systems, in order to assure that an adequate transition may be made from a semi -rural to an urban environment and from County to City jurisdiction. B. City shall be responsible for the preparation, adoption and amendment of the public facility plan required by ORS 197.712(2) (e) with the aid and assistance of County. City shall coordinate the preparation of the public facility plan with the County, special districts, state and federal agencies and private providers of public facilities as required of OAR 660-11-015 (2). 9- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0448 11. Special District Coordination. A. When a special district situated in full or in part within the URB has entered into an intergovernmental coordination agreement with the County and the City, it shall be given the opportunity to review and comment on the land use actions and activities as specified in Sections 4 through 6 of this agreement. B. If such an agreement is entered into, the special district shall give the City and County the opportunity to review and comment on the following activities which will apply to the URB. 1. Public works projects to be provided by the district. 2. Plans for establishment, improvement or extension of facilities provided by the district. Capital improvement programs developed by the district. 12. Enforcement. City shall be responsible for the enforcement of all land use ordinances within the City Limits and for permits issued pursuant to this agreement. County shall be responsible for the enforcement of all land use ordinances outside the UGB and within the URB. Enforcement responsibilities for lands outside the City but inside the UGB shall be subject to Article VIII of the Transition Agreement attached hereto as Exhibit A. 13. Indemnification. A. To the extent legally possible the City shall indemnify, hold harmless, and defend the County, it's officials, agents, and employees from and against any and all claims, damages, losses, and expenses including attorney fees, arising in or from its performance or failure to perform the responsibilities delegated to the City by the County. This indemnity provision shall survive the termination of this agreement. 14. Review. Amendment and Termination. A. This Agreement may be reviewed and amended at any time by mutual consent of both parties, after public hearing by the City Commission and Board of County Commissioners. B. This Agreement shall be reviewed, and may be amended, at the time established for review of the BAGP. C. Any modifications in this Agreement shall be consistent with the BAGP and County Comprehensive Plan. 10- JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0449 D. This agreement may be terminated by either party under the following procedure: 1. A public hearing shall be called by the party considering termination. The party shall give the other party notice of hearing at least forty-five (45) days prior to the scheduled hearing date. The forty-five (45) day period shall be used by both parties to seek resolution of differences. 2. Public notice of the hearing shall be in accordance with applicable state-wide and local goals and statutes. 3. An established date for termination of the Agreement shall be at least one year after the public hearing in order to provide ample time for resolution of differences. 15. This Agreement replaces the management agreement between the City and County dated June 30, 1993 as amended. That agreement is hereby declared to be null and void. IN WITNESS WHEREOF, this Urban Growth Area Joint Management Agreement is signed and executed this (8 day of February, 1998. CITY OF BEND, OREGON Mayor Recorder BOARD OF COUNTY OF DSCHUT: S OUN ,Y, OREGON Nipper, Com Linda Swearingen, Swearingen, • mmissioner Recording Secretary 11 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA FEB -12-98 TNU 10:40 AM DESCHUTES CO PUB WORKS m 03 2 FAX NO. 5413882719 P.03 Q m a z 4 A. v Aa I 5- �Qa.m 0 al pi (-1°4- w a s 5. 6a � cm o io. �._ co, a.z ID � 0a P 3 -� s 0 0 g0, 0 1 92 o a itg 3 `‹ v C aaddu Jew yew► rapej0 weep uyor NOIldi2t3S30 0ol 01 © fv "' z -Its = C° 0303 0 m EZOELW 19196)i868f. zci .4_ ,, R N at $ 0 wwPnigaS H3BVVf1N 1 tf3S 0164-0450 15111N INdif1O3 «V,,118IHX3 0164-0451 Exhibit B to Joint Management Agreement AGREEMENT REGARDING THE TRANSFER OF BUILDING AND LAND USE RESPONSIBILITIES WITHIN THE BEND URBAN GROWTH BOUNDARY This agreement is entered into pursuant to the authority granted in Chapter 190 of Oregon Revised Statutes. It implements policy guidance provided by the Bend Area General Plan and the Agreement between the City of Bend and Deschutes County for the joint management of the Bend Urban Area for the transfer of building permit and inspection and land use responsibilities. The agreement is between the City of Bend, an Oregon municipal corporation, hereinafter called the "City", and Deschutes County, a political subdivision of the State of Oregon, hereinafter called the "County". Recitals WHEREAS, the City and County recognize that it is necessary to cooperate to establish a policy framework for transition of building and land use responsibilities within the Bend Urban Growth Boundary; and Whereas, the City and County seek to clarify the details of the transfer of building and land use responsibility; and Whereas, ORS 190.003 et seq. provides for intergovernmental agreements between units of local government, including the City and the County, to allow the performance of functions or activities of one unit of local government for another; and Whereas, ORS 190.003 et seq. requires that an intergovernmental agreement contemplating the performance of functions or activities by one unit of local government for another shall specify the responsibilities between the parties; NOW, THEREFORE, PURSUANT TO THE PROVISIONS OF ORS 190.003 et seq. THE CITY AND COUNTY AGREE AS FOLLOWS: Article I: Purpose. A. To avoid the duplication of governmental effort and public confusion concerning land development processes and standards. B. To provide for the orderly transition of building and planning service delivery from the County to the City. C. To allow the City to receive land use permits and building permit applications prior to completing annexation of property; and to ensure that permits processed by the City or County remain in force, are lawful and recognized upon annexation. 1 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0452 D. To assure employees, that may need to be transferred to the City in accordance with ORS 236.605 to 236.650, of orderly transition. E. To avoid problems with the provision of services relating to the details of transferred services and the effects of the transfer on current programs and customer service. Article II: Definitions. As used in this agreement the following words shall mean or include A. Building Regulations. Plan review, inspection and enforcement of the State of Oregon building -related codes for new construction, remodeling and electrical service. B. Land Use Reaulations. Those regulations, as defined by ORS 197.015(11) applicable to the Urban Growth Boundary.' For the purposes of this agreement land use -regulations shall include Titles 17, 19, and 22 of the County Code and City of Bend Zoning Ordinance No. NS -1178, Subdivision Ordinance No. NS -1349 and Land Use Procedures Ordinance No. NS -1556. C. Urban Growth Boundary (UGBI. The urban growth boundary line acknowledged by the Land Conservation and Development Commission, which identifies and encompasses urban and urbanizable land. In the acknowledged 1981 Bend General Plan the urban growth boundary was identified as the Initial Urban Growth Boundary (UGB). D. Urban Reserve. Lands outside of the urban growth boundary identified as highest priority for inclusion in the urban growth boundary when additional urbanizable land is needed in accordance with the requirements of Goal 14. E. Urbanizable Land. Urbanizable lands are those unincorporated lands between the Bend city limits and the urban growth boundary. F. Urban Reserve Boundary (URB),. The boundary line which identifies and encompasses the City, UGB and adjacent lands designated. as urban reserve. Article III. Annexation Policy. A. Between March 1, 1998, and June 30, 1998, the City shall continue to annex developed property and undeveloped properties proposing to apply for development approval and will begin annexation of lots in approved subdivisions as of July 1, 1998. 2 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0453 Article IV. Buildina Services to be Transferred. A. The County shall beginning July 1, 1998: 1. To the extent allowed by Oregon State Building Codes Division, transfer to the City and it's Building Official the responsibility and authority to administer the building regulations within the urbanizable land of the Bend UGB and to set appropriate fees for building regulations. 2. Assist in any necessary transfer of authority from the State of Oregon Building Codes Division and the State Fire Marshall to the City for the administration of the building regulations within the UGB. 3. Continue to process permits filed before July 1, 1998. B. The City shall beginning July 1, 1998: 1. Receive approval from the Oregon Building Codes Division for transfer of authority in accordance with Chapter 918 Division 20 of the Oregon Administrative Rules. 2. Administer building regulations and receive all fees required for that service and the proceeds from any fines within the UGB. 3. Set all fees for permits, processing, appeals and enforcement of building regulations. 4. Assume responsibility to enforce alt building regulations within the UGB. Article V: Land Use Authority Transferred. A. Effective March 1, 1998, the County: 1. Transfers to the City the responsibility and authority to administer land use regulations for all land use permits, limited land use decisions or expedited land divisions requiring City sewer or water agreements on urbanizable land. 2. Shall continue to have authority to process and decide development permits and land use permits, limited land use decisions or expedited land divisions filed before March 1, 1998, and all applications for development permits and land use permits, 3 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0454 limited land use decisions or expedited land divisions which do not have sewer or water agreements required by the City. County shall retain its authority over such pending applications until all appeals have been exhausted and a decision is final. 3. Shall work with City staff in the preparation of City regulations and standards including land use procedures, subdivision regulations, zoning and related implementation regulations, and the proposed new Comprehensive Plan for adoption by the County. B. Effective July 1, 1998, the County transfers to the City all of the County's remaining responsibility and authority to administer land use regulations within the UGB, including but not limited to processing and deciding all quasi-judicial applications for land use approvals thereunder. Provided that the County shall continue to have responsibility and authority to process and decide on applications for development and land use approvals filed on or before June 30, 1998, until such time as all appeals are exhausted and a decision is final, and provided further that the County governing body shall make the final decision on land use approvals it is required to consider under ORS 215.431. C. Effective March 1,1998, the City shall: 1. Have the authority to administer and enforce the land use regulations adopted by the County for the urbanizable land for all land use permits, limited land use decisions or expedited land divisions requiring City sewer or water agreements. 2. Exercise decision-making authority in accordance with procedures adopted by the County for the urbanizable land requiring City sewer or water agreements. 3. Assume responsibility for issuance of delegated approvals and site inspection duties necessary for the administration of the land use regulations for the urbanizable land. 4. Set all fees for land use regulations, permits, processing, appeals and enforcement. 5. Upon annexation, accept jurisdiction of all land use approvals for any use within the area annexed and automatically transfer such approvals from the County to the City. 4 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164 045Si 6. Review County land use regulations and propose changes to the County to make them consistent with City land use regulations for adoption prior to July 1, 1998. D. The City shall on July 1, 1998, assume responsibility and authority for administering all land use regulations in the UGB, including but not limited to processing and deciding all quasi-judicial approvals thereunder, in accordance with the delegation set forth in subsection B of this section and the conditions set forth in subsection C of this section. Article VI: Leaislative Amendments. A. The City Council shall be responsible for making all legislative decisions prior to review by the Board of County Commissioners. Legislative amendments shall be consistent with the City/County Joint Management Agreement. Article VII: Addresses. Street Namina and Road Approach Permits (access permits)on County Roads. A. The Cityand the County shall initiate a program to consolidate the addressing, street naming and road approach permit process. Until this program is adopted, the County shall retain responsibility for these functions for the urbanizable land, and the City shall collect County fees for this program. Article VIII. Code Enforcement. A. The City and the County shall initiate a program to cooperate in the transfer of code enforcement for the urbanizable land to the City beginning March 1, 1998. B. It is the intent of this agreement to transfer all code enforcement responsibility for Building and Land Use Permits on urbanizable land to the City by July 1, 1998. Article IX. Employees. A. The County shall endeavor to hold open vacant positions so as to reduce the transfer of employees to the City to the greatest extent practical. The County shall transfer no more than three equipment operators. Any transfer of employees required by ORS 236.605 to 236.650 shall occur on July 1, 1998. The City shall inform any new employees of the potential transfer of County employees and the potential for seniority from a transferring employee in accordance with 5 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0456 ORS 236.620. The County shall be responsible for transferring funds for vacations and other financial disbursements as required by ORS 236.605 to 236.650. Article X. Historic Proaram. A. The City shall support the Historic Preservation Program consistent with the City's population as a percentage of the cost of the program. Article XI. Northeast and Southwest Neighborhood Refinement Plans. A. Two neighborhood refinement plan projects are currently proposed to be completed by the County at a cost of $110,095. $59,430 of the cost is covered by State grants. $30,000 of the County cost is for a consultant to initiate the Northeast neighborhood project. 1. The County will remain committed to the $30,000 costs for the Northeast project. 2. The City will become a partner in the grants funding these projects and commitments to participate in the projects. 3. The County shall provide staff and non -labor related support for the Northeast project. The City shall reimburse the actual costs to the County, not to exceed $7,500 for the Northeast project. 4. The City shall assume responsibility for the administration and completion of the Southwest project. Article XII. Fee Waivers. A. Effective March 1,1998, the mutual fee waiver agreement between the City and the County for land use or building permits shall be void. Article XIII. Appeals, A. Appeals of administrative decisions regarding building regulations shall be made to the Bend Building Code Board of Appeals or its successor. Appeals of the City action shall be to the Oregon Department of Commerce. B. Appeals of administrative decisions within the UGB regarding land use regulations shall be in accordance with Title 22 of the County Code, By April 1, 1998, the County shall substitute the City Council for the 6- EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA O164 -O45» Board of County Commissioners as the appeals body under Title 22 dT the County Code for decisions appealed from the Hearings Officer, C. At the City's discretion, the City may defend administrative or judicial review of its decisions regarding application of building or land use regulations to land within the UGB. Article XIV. Indemnification. A. To the extent legally possible the City shall indemnify, hold harmless, and defend the County, it's officials, agents, and employees from and against any and all claims, damages, losses, and expenses including attorney fees, arising in or from its performance or failure to perform the responsibilities delegated to the City by the County. This indemnity provision shall survive the termination of this agreement. Article XV. Disoute resolution. A. City and County planning and building staffs shall attempt to informally resolve any disputes regarding conformance with this agreement or regarding the terms, conditions, or meaning of this agreement. Disputes which are not resolved through this informal process shall be resolved by a joint meeting of the City Council and Board of County Commissioners. Article XVI. Term. A. This agreement shall continue indefinitely unless terminated by either party upon 12 months advanced written notification provided to the other party. Article XVII. Amendment. A. This agreement may be modified in writing by mutual consent of both parties. The parties recognize an obligation on the part of County to extend the application of this agreement to lands included in the future within the UGB and to adopt any future changes in the building regulations or land use regulations made by the City for application to the UGB. Article XVIII. Severabilitv. A. If any article, section, subsection, clause or phrase of this agreement is determined by any court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not 7- EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0458 affect the validity of the remaining agreement, which shall continue to be in effect. Article XVIV. IN THE CITY AND CITY OF BEND WITNESS WHEREOF, THE AUTHORIZED REPRESENTATIVES OF COUNTY AS PARTIES HERETO HAVE HEREBY AGREED: Recorder BOARD OF COUNTY COMMISSIONERS OFFDESCH TS COU, TY, OREGON 41. Nancy Sccangen, Chair obert L. Nip Lin • a L. wearingeommissioner issioner T: Recording Secretary 8 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA Legend Existing Urban Growth Boundary Proposed Urban Growth Boundary Deschutes County Comprehensive Plan Exhibit "B" to Ordinance 2016-022 0.5 0.25 0 0.5 1 Mil es July 19, 2016 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Alan Unger, Chair Tammy Baney, Vice -Chair Anthony DeBone, Commissioner ATTEST: Recording Secretary Dated this day of October, 2016 Effective Date: October , 2016 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY This Amended and Restated Intergovernmental Agreement Regarding the Bend Urbanizable Area (Agreement) is Between the City of Bend, an Oregon municipal corporation (City) and Deschutes County, a political subdivision of the State of Oregon (County). Recitals A. City and County entered into an "Agreement between the City of Bend, Oregon, and Deschutes County, Oregon, for the Joint Management of the Bend Urban Area" on February 18, 1998 { 1998 Agreement). The 1998 Agreement assigned responsibility between the City and the County as to areas within the urban growth boundary (UGB) of the City as it existed at that time. The Original Agreement also contained provisions relating to the Urban Area Reserve outside the UGB. B. Since adoption of the 1998 Agreement, the City annexed virtually all of the area within the UGB. In 2016, the City and County expanded the UGB to include 2,380 additional acres. During the UGB expansion process, the State determined that the Urban Area Reserve (UAR) designation has no effect under state law other than the effect that arose from the exceptions to Statewide Planning Goals 3 and 4 adopted for those areas. Therefore, the UAR designation and various references were removed from the City's Comprehensive Plan but remains in Deschutes County's Comprehensive Plan as a plan designation specific to lands located around the Bend UGB. C. This Agreement replaces the 1998 Agreement, including Exhibits A and B. The City and County agree that it is appropriate to replace the 1998 Agreement to establish clear responsibilities within the UGB and to remove any reference to the "Urban Area Reserve." D. ORS Chapter 190 and ORS 215.170 authorize the City and County to enter into this agreement. Terms of Agreement 1. Definitions: Development Application: All ministerial, permit, limited land use, quasi-judicial and/or legislative actions initiated by the City or other parties. Urban Growth Boundary (UGB): The urban growth boundary as adopted by the City and County and acknowledged by the Department of Land Conservation and Development, including any amendments to the UGB adopted by the City and County and acknowledged by the state after this Agreement becomes effective. 1 1 Page Urbanizable Area (UA): The unincorporated area between the Bend city limits and the UGB. 2. Purpose This Agreement allocates responsibility in the UA between City and County. Areas within the city limits are within the jurisdiction of the City as to all subject matters over which the City exercises jurisdiction. 3. Planning and Land Use Regulatory Authority A. The Bend Comprehensive Plan, Bend Development Code (BDC) and all associated Public Facility Plans are the controlling comprehensive plan, Transportation System Plan, Goal 11 Public Facility Plans, and implementing regulations for the UA. B. The County will, as of the effective date of this agreement: 1. Delegate and grant to the City any and all authority necessary or appropriate to the exercise of land use jurisdiction within the UA, including all quasi-judicial development applications and plan and map amendments, as well as the authority to apply county zoning regulations and to review and process Development Applications, in accordance with Deschutes County Code (DCC) Title 19A. If not superseded by Title 19A, the standards, criteria and procedures of the BDC will apply to the Development Applications. 2. Delegate to the City authority to initiate and process legislative actions in the UA, as set forth in Section C(2) below. 3. Delegate to the City any and all authority necessary or appropriate to review applications and issue permits for signs in the UA, using the City's sign regulations in Bend Code (BC) Chapter 9.50, Signs. 4. Delegate the following to the City as authorized by ORS 190.010: a. Code enforcement authority to enforce violations of the Building Code and DCC Title 19A , and violations of BC 9.50, Signs for permanent signs that are not located in the right-of-way, , that occur after the effective date of the JMA and until the property is annexed to the City. b. Authority to act as the hearing officer for the County in matters arising from subsection a. The City may use the Municipal Court Judge as the hearings officer. 5. Delegate to the City the authority to assign addresses to properties within the UA using BC Chapter 3.90, Street Names and Address Numbers. C. The City will, as of the effective date of this agreement: 1. Accept and process all Development Applications in the UA, except those as stated in (C)(2) below, in accordance with BDC Title 4 Applications and Review Procedures. 2 I P'ago 2. Accept and process all legislative applications in the UA, including County initiated legislative applications, for amendments to the County's comprehensive plan, plan map, zoning map and zoning regulations according to the following. a. City will give County at least 20 days' notice before the first hearing on any non -county proposed amendments to the County's Comprehensive Plan, Plan map, zoning map or zoning regulations. b. City will incorporate County comments in the staff report or attach the County comments to the report and present them to the hearings body. c. City staff will assist the county in writing and formatting all ordinances for adoption by the Board of County Commissioners (BOCC). d. City staff will provide the primary staff support to the BOCC on all proposed amendments to the County Comprehensive Plan, plan map, zoning map and zoning regulations. e. The City will follow the standards, criteria and procedures provided for in the BDC for legislative amendments. f. No applications may be adopted without a public hearing by the Bend Planning Commission, a public hearing by the Bend City Council, and a public hearing by the BOCC. The City Council must make a recommendation to the BOCC. Wherever feasible the City Council and BOCC may conduct joint hearings. Final action on a legislative change in the UA remains vested with the BOCC. g. City and County will notify each other within five working days of receiving any written appeal. 3. Administer and enforce County land use approvals including any associated agreements, conditions of approval, bonds and other similar arrangements encumbering or associated with property located within the UA. 4. Prepare, adopt, and amend Goal 11 public facility plans, as required by ORS 197.712(2)(e). City will coordinate the preparation and the amendment of public facility plans with the County, special districts, state agencies, federal agencies, and private providers of public facilities as required by OAR 660-011-015(2). 4. Building Permits and Inspections A. The City remains responsible for all application intake, plan review and issuance of building permits and related inspections within the UA initiated after December 6, 2016. The County will remain responsible for building permits and inspections if the permit application was filed with the County before the date the property was included in the UGB. 5. Sewer A. The City has the authority but not the obligation to provide extraterritorial sewer service within the UA under state law. The County will not approve a the formation of a sanitary sewer district under ORS 450 or private sewer F' age system within the UA without the concurrence of the City, as contemplated by Bend Comprehensive Plan Policy 1-5. B. The County will remain responsible for septic permits (On-site Permits) and inspections for sewage treatment and dispersal systems for properties in the UA. 6. Water A. The City has the authority but not the obligation to provide extraterritorial water service within the UA in those areas not already within either the existing Avion Water Company or Roats Water Company service areas. The County will not approve the formation of any domestic water supply district that attempts to form as a special district under ORS 264 within the UA without the concurrence of the City, as contemplated by Bend Comprehensive Plan Policy 1-5. B. The City may choose to provide extraterritorial water service outside the UGB in compliance with applicable state statutes, planning goals and subject to any applicable County land use decision. 7. Roads A. "County roads" (as defined in ORS 368.001) existing within the UA as of the effective date of this agreement, will remain County roads, with the County responsible for maintenance and repair until such time annexation and/or jurisdictional transfer occur. 1. The County shall consult with the City prior to construction or reconstruction of public improvements within the UA for improvements initiated by the County and not affiliated with a development application. B. Any new roads, upgrades not related to maintenance or repair, or improvements to roads in the UA associated with a development application will be built to City standards or require an in -lieu payment in conformance with BDC Chapter 4.7 made to the City. C. Work in the right-of-way in the UA is subject to the City Public Right -of -Way Work Permit or Public Facility Improvement Agreement. 1. The County delegates to the City any and all authority necessary to review, approve and inspect all infrastructure constructed subject to the City Public Right -of -Way Work Permit or Public Facility Improvement Agreement. 41 Pac f: 2. Any indemnification requirement within the Agreement shall indemnify both the County and the City and must apply to any and all claims related to infrastructure installation and operation constructed under this Section. D. Upon annexation, roads and rights-of-way will be accepted by the City under the City's annexation regulations. 1. Annexation of roads and rights-of-way will include the full width of existing and new rights-of-way along the frontage of annexing properties. 2. To avoid creating segments of alternating jurisdictional authority, annexation of right-of-way will be contiguous and will extend to the City's point of jurisdictional authority. 3. All annexed rights-of-way shall require a transfer of jurisdictional authority from the County to the City per ORS 373.270. 8. SDCs The City has the authority to charge sewer, water and transportation System Development Charges (SDCs). Prior to the City updating the Transportation SDC methodology to include properties in the UGB, the City will collect Transportation SDCs as established in the County's System Development Charge Resolution and remit the proceeds to the County. After the City adopts a new Transportation SDC methodology list, the City will collect City Transportation SDCs as established in the City's Fee Resolution and retain all charges. Upon adopting the City's Transportation SDC methodology and SDC, the City will be responsible for the collection, processing, challenges and appeals of these SDCs. City water and sewer SDCs will be collected at the time of any connection to the City systems based on the current City's SDC Fee Resolution. 9. Fees The City's Fee Resolution sets the fees applicable to Development Applications within the UA. 10. Indemnification To the extent legally possible the City indemnifies, holds harmless, and will defend the County, its officials, agents, and employees from and against any and all claims, damages, losses, and expenses including attorney fees, arising in or from its performance or failure to perform the responsibilities delegated to the City by the County under this Agreement. This indemnity provision shall survive the termination of this Agreement. 5IHago To the extent legally possible the County indemnifies, holds harmless, and will defend the City, its officials, agents, and employees from and against any and all claims, damages, losses, and expenses including attorney fees, arising in or from its performance or failure to perform the responsibilities of the County under this Agreement. This indemnity provision shall survive the termination of this Agreement. 11. Charaes City will not charge or invoice County for any work, activity, fee or charge associated with this Agreement. County will not charge or invoice City for any work, activity, fee or charge associated with this Agreement. 12. Amendment and Termination A. This Agreement may be amended or terminated by mutual written agreement of the parties. B. Either party may terminate this Agreement on 60 days' notice. C. This Agreement remains in effect until terminated or amended under this section. 13. Dispute Resolution City and County shall follow the following procedure in the event of a dispute under this Agreement prior to initiating litigation: Step 1 — In person meeting among responsible department heads. Step 2 — In person meeting between City Manager and County Administrator. Step 3 — Joint meeting of City Council and County Board of Commissioners. Step 4 — Mediation 14. Effective Date This Agreement shall be effective when it is duly executed by both City and County. CITY OF BEND Eric King, City Manager Date: 6jPage Authorized by Council Motion on BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DeBONE, Vice Chair PHIL HENDERSION, Commissioner 7I Page EXHIBIT A Draft Deschutes County Code Update Prepared by: City of Bend Planning Division and Deschutes County Planning Division Note: Text in underlined typeface is proposed to be added Text in striketfirreugff typeface is proposed to be deleted. **"Indicates where text from the existing code has been omitted because it will remain unchanged. Staff comments are bold and italicized 1 Plage March6, 201'/ Title 19A URBANIZABLE AREA (UA) DISTRICT 19A.01.010 Purpose. Applicability and Definitions. 19A.01.020 Permitted and Conditional Uses. 19A.01.030 Lot Area and Dimensions. 19A.01.040 Additional Provisions. 19A.01.010. Purpose. Applicability and Definitions. A. Purpose. The Urbanizable Area (UA) District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. The Urbanizable Area (UA) District promotes the livability, stability, safety and improvement of the City of Bend by allowing orderly development consistent with the Bend Comprehensive Plan. B. Applicability The provisions of the Urb.anizable Area (UA) District apply to all land between Bend's city limits and the Urban Growth Boundary. The City of Bend is responsible for administering Title 19A using the Bend Development Code (BDC). The UA District will automatically be removed upon annexation to the City, and the zoning that implements the Comprehensive Plan designation for the property will apply. C. Master Planning. The City of Bend has the authority to process master plans under BDC Chapter 4.5. Master Planning and Alternative Developments in the UA prior to or concurrently with annexation. However, development of the property with the uses authorized by a master plan may only occur after annexation. D. Definitions. The following definitions apply to DCC Title 19A in addition to the definitions in the BDC Chapter 1.2. Definitions and BDC 3.7. Wireless and Broadcast Communication Facilities. 1. "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State. 2. "Urbanizable Area (UA) District" means the area between the Bend city limits and the UGB. 2IPa e N►arch6, 2017 19A.01.020. Permitted and Conditional Uses. A. Permitted Uses. The land uses listed in Table 19A.01.020 are permitted in the Urbanizable Area (UAl District when allowed in the zoning district that implements the underlying Comprehensive Plan desianation. subiect to the provisions of this Title. Only land uses that are specifically listed in Table 19A.01.020. land uses that are incidental and subordinate to a permitted use and land uses that are approved as "similar" to those in Table 19A.01.020 may be permitted. B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in BDC 4.1.1400, Declaratory Ruling or as part of a development application. Table 19A.01.020 — Permitted Land Uses Land Use UA Residential Single-family detached housing *Accessory dwelling units (ADUs) *Manufactured homes on individual lots Residential care home (5 or fewer residents). Adult day care Family childcare home (16 or fewer children) *Home occupation (Type I/Type II) *Accessory uses and structures *Public and Institutional *Utilities (above ground) *Miscellaneous Uses Bed and breakfast inn ** Farm use 31 Page Ni rch6, 2017 P P P P P P P/C P C C P Land Use UA *Plant nursery C *Small hydroelectric facility P Wireless and broadcast communication facilities See BDC Chapter 3.7 Expansion. alteration or replacement of a lawfully permitted building P/C and use as Month. Date. 2017 See DDC 19A.01.030.(D) *Temporary Uses See BDC Chapter 3.6.400 Kell to Permitted Uses P = Permitted. subiect to BDC Chapter 4.1. Development Review and Procedures N = Not Permitted C = Conditional Use, subiect to permit standards in BDC Chapter 4.4, Conditional Use Permit * Subiect to special standards as described BDC Chapter 3.6. Special Standards for Certain Uses. ** Farm Uses are permitted regardless of the underlying zoning district that implements the Comprehensive Plan designation until annexed into the City of Bend. 19A.01.030. Lot Area and Dimensions. Lot area and lot dimension standards are listed in Table 19A.01.030. Table 19A.01.030 Standard UA District Minimum Lot Size 20 acres Maximum Lot Coverage 15% on lots 1 acre or larger 35% for lots less than 1 acre Minimum Front Setback 20 feet 41 Page March6, 2017 Minimum Side Setback 10 feet Minimum Rear Setback 20 feet Maximum Building Height Maximum height permitted in the zoning district that implements the underlying Comprehensive Plan designation 19A.01.040. Additional Provisions. A. Water or sanitary sewer services may only be extended to properties in the Urbanizable Areas (UA' District in compliance with BDC 4.9.700 Extraterritorial Extension of Water and Sewer Service. B. Detached single-family dwellings. accessory buildings and accessory dwelling units must be sited to allow the future division and/or more intensive use of the property. Additional development restrictions that limit the location of buildings and on-site sewage disposal facilities may be applied where necessary to reserve land for future urban development. C. Frontage improvements must be built to City Standards and Specifications when reauired under BDC Chapter 4.2. Minimum Development Standards (MDS) Review, Site Plan Review and Design Review. D. An expansion or enlargement of 50 percent or less of a lawfully permitted building and/or use as of Month. Date. 2017 must comply with BDC Chapter 4.2. Minimum Development Standards (MDS' Review. Site Plan Review and Design Review. For an expansion or enlargement greater than 50 percent. the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits also apply. E. Prior to approval of any land division. the general location of streets and water and sewer lines must be illustrated on abutting vacant land and developable land. This illustration is not bindina on the abutting Properties. F. Deschutes County is responsible for permits and inspections for on-site sewage treatment and dispersal systems for properties in the Urbanizable Areas (UA' District. G. Sian District 5 in BC 9.50, Signs applies to all properties in the UA District until they are annexed into the City of Bend. 5 Rage March6, 2.017 TES Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 3, 2017 DATE: March 29, 2017 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: Marijuana Related Businesses - System Development Charge Trip Generation Assumption and Rate Discussion. PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Chris Doty, Road Department and Peter Russell, CDD SUMMARY: Staff will present for discussion the System Development Charge assumptions and rates charged to marijuana related businesses. See attached memo. MEMORANDUM Road Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 Date: January 23, 2017 To: David Doyle, County Attorney From: Chris Doty, PE, Director of Public Works RE: The calculation of trip generation and associated SDCs to marijuana related businesses The purpose of this memo is to present the technical rationale behind the assessment of SDCs to various marijuana related businesses in accordance with Resolution 2013-020 (SDC Resolution). SDCs are based on the number of new trips' added to the County's transportation system. Trips are calculated per the Institute of Transportation Engineers (ITE) Trip Generation Manual (current edition) which contains empirical trip generation data from many different types of land uses. As one would expect due to the infancy of the land use, the ITE manual does not contain a land use specific to a marijuana grow operation or other related marijuana land use such as processing or sales. As noted within the SDC Resolution, land use categories of a similar nature can be used when specific land use categories do not exist within the ITE manual. The specific marijuana related land uses that are occurring or anticipated to occur as commercial enterprises generally consist of the following: 1. Marijuana grow operation/production: a. The commercial manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana. 2. Marijuana related processing a. The processing, compounding, or conversion of marijuana into cannabinoid products, cannabinoid concentrates, or cannabinoid extracts, etc. 3. Marijuana dispensary/retailing a. The sale of marijuana items to a consumer. ITE Land Use Category Assumptions for Marijuana Related Land Use The ITE Trip Generation Manual provides land use categories which, in my opinion, align with the business practices and trip generation characteristics of marijuana related businesses. Use of ITE trip generation rates will provide the basis for determination of traffic impact as well as calculation of the Transportation System Development Charge (SDC). The below analysis identifies the land use categories for the calculation of the trip generation of proposed marijuana business — until such time that the ITE Trip Generation Manual provides better data or a local trip generation rate has been established and approved. 1. Marijuana Grow Operations/Production ITE Land Use Code: Warehouse (#150) ITE Description: Warehouses are primarily devoted to the storage of materials, but they may also include office and maintenance areas. ITE Trip Generation Rates for Warehouse (#150) Average Vehicle Trip Ends Weekday 3.56 per 1,000 SF Gross Floor Area PM Peak Hour (4-6PM, basis of SDC) 0.32 per 1,000 SF Gross Floor Area Rationale for comparable use: Marijuana growing/production is not a typical farming operation as it requires significant care and attention paid to each individual plant. In addition to employment related trips associated with production, it is not unreasonable to expect trip generation associated with typical commercial operations such as deliveries, vendors, prospective client visits, security, etc. Coincidentally, industrial warehouse space is commonly used for marijuana grow facilities in urban areas, where permitted. Sample calculation: Utilizing the Warehouse category as a comparable, a 2,500 SF marijuana grow operation (greenhouse, outbuilding, etc) would generate approximately 8.9 trips per day and 0.8 trips during the PM peak hour — approximately equal to the trip generation of a single family dwelling in Deschutes County. At the current SDC rate of $3,852 per PM peak hour trip, the SDC for a 2,500 SF marijuana grow facility would equal $3,082. 2. Marijuana Related Processing ITE Land Use Code: Manufacturing (#140) ITE Description: Manufacturing facilities are areas where the primary activity is the conversion of raw materials into finished products. Manufacturing facilities generally also have office, warehouse, research and associated functions. ITE Trip Generation Rates for Manufacturing (#140) Average Vehicle Trip Ends Weekday 3.82 per 1,000 SF Gross Floor Area PM Peak Hour (4-6PM, basis of SDC) 0.73 per 1,000 SF Gross Floor Area Rationale for comparable use: Although marijuana processing is certainly not one of the specific uses represented by data contained in the ITE Trip Generation Manual, the ITE description very closely matches the processing activity that would be expected within a marijuana related processing use. Sample calculation: Utilizing the Manufacturing category as a comparable, a 2,500 SF marijuana manufacturing related structure (per prior description) would generate approximately 10 trips per day and 1.8 trips during the PM peak hour. At the current SDC rate of $3,852 per PM peak hour trip, the SDC for 2,500 SF marijuana processing facility would equal $7,030. 3. Marijuana Dispensary/Retail ITE Land Use Code: Specialty Retail Center (#826) ITE Description: Specialty retail centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel, hard goods, and services such as real estate offices, dance studios, florists, and small restaurants. ITE Trip Generation Rates for Specialty Retail Center (#826) 1 Average Vehicle Trip Ends 1 Weekday 44.32 per 1,000 SF Gross Floor Area 1 PM Peak Hour (4-6PM, basis of SDC) 2.71 per 1,000 SF Gross Floor Area Rationale for comparable use: This land use category is generally the "catch-all" for small scale retail use. Some recent trip generation studies in Colorado have found that retail marijuana related facilities generate trips at rates that exceed ITE Specialty Retail or Shopping Center rates (http://www. mikeontraffic.com/trip-generation-data-marijuana- dispensaries/). Sample calculation: Utilizing the Specialty Retail category as a comparable, a 2,500 SF marijuana manufacturing related structure (per prior description) would generate approximately 111 trips per day and 6.8 trips during the PM peak hour. Utilizing typical pass -by trip reduction rates for retail (61%), the use would generate 2.7 new trips. At the current SDC rate of $3,852 per PM peak hour trip, the SDC for 2,500 SF marijuana processing facility would equal $10,304. Farm -Related Building Exemption: As it pertains to language in Resolution 2013-020(4A) regarding farm related buildings (Section 4A): (A) ... Non-residential, farm -related buildings for growing and/or storing agricultural products to be used on site, and that do not generate additional commercial traffic, are exempt. As noted and assumed in this memo, marijuana grow/production operations do generate additional commercial traffic and therefore are not exempt from payment of the Transportation SDC. Specifically a PM Peak Hour trip -end (one-way movement) entering or exiting a site. -SES o�''� -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 1 2017 DATE: FROM: Kathleen Hinman, Human Resources, 541-385-3215 TITLE OF AGENDA ITEM: Personal Health Assessments (PHA) - Consideration of 2017 Program PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Kathleen Hinman and Sue Henderson Human Resources Department 1300 NW Wall St, Suite 201 Bend, OR 97701-1960 { 541-388-6553 541-330-4626 fax Interoffice memorandum Date: April 3, 2017 To: Board of County Commissioners From: Kathleen Hinman, Human Resources Director Re: 2017 Personal Health Assessment Proposal During the 2016 plan year 856 participants completed all three parts of the Personal Health Assessment (PHA, formerly known as HRA) and received an incentive. An additional 40 participants completed some portion of the PHA for a total of 896 eligible health plan members participating. This is up 10% over 2015's participation. The County continues to see a steady increase in PHA participation. This has been attributed to the change in the incentive structure and the improved process. The incentive expenses category below includes both the individual item and the cost -share waiver for completing the PHA. The expense to the Health Benefit Trust for the 2016 incentives was $59,177; or about $69 per participant. This is a reduction in cost per participant over the previous year of $74 per participant. These cost savings are due to a reduction in cost for blood draws and incentives. The cost avoidance is calculated by using an average savings per participant multiplied by the number of participants. This formula was created at the inception of the PHA program and is based on seeing claims savings from participants who completed the PHA year over year. In partnership with the County's benefit consultants, HR staff will be reviewing this formula and working on recalculating a return on investment. The Deschutes Onsite Clinic and HR staffs support a recommendation to continue with the PHA program for 2017. PHA Program Costs and Projected Cost Avoidance: 2013 2014 2015 2016 2017 PHA Expenses (799 HRAs) (676 HRAs) (811 HRAs) (856 PHAs) (984 PHAs*) Blood Draws $11,768 $10,140 $10,543 $11,128 $12,792 Additional Staff $6,835 $3,778 $4,688 $5,391 $4,000 Incentive Expense $71,910 $73,380 $59,925 $59,177 $71,741 Questionnaire $6,392 $5,408 $6,488 $10,764 $11,808 Other Expenses $179 $500 $500 $383 $500 Total $90,692 $93,206 $82,144 $86,843 $100,841 Cost Avoidance*** $848,538 $717,912 $861,282 $909,072 $1,045,008 Net Plan Savings $757,846 $624,706 $779,138 $822,229 $944,167 *Projected participation based on a goal of 15% increase over previous year. ***Cost avoidance is based on the average savings per participant multiplied by the number of participants. PHA Participation for Eligible Deschutes County Health Plan Members: Employees Spouses Dependents Total Total (w/out % year PHAs (18-26) dependents) over year # % # % # % # % # % 2011 320 31% 48 7% 9 5% 377 20% 368 21% n/a 2012 536 52% 45 7% 6 3% 587 28% 581 34% 58% 2013 532 52% 265 37% 2 1% 799 38% 797 46% 37% 2014 440 44% 233 33% 3 1% 676 32% 673 39% -16% 2015 519 52% 290 41% 2 1% 811 38% 809 44% 20% 2016 570 57% 286 40% 0 0% 856 41% 856 46% 6% 2017 (projected) 656 65% 329 46% 0 0% 984 47% 984 53% 15% In review of the 2016 PHA data the following information was identified: • The PHA aggregate data identified the top 5 health conditions affecting Deschutes County Health Plan members: Allergies, Back Pain, High Blood Pressure, Cholesterol, and Anxiety. • The annual HRA provides an opportunity to gather information, counsel employees to make needed changes, empower employees to continue/create healthier lifestyles. • The HRA is free and convenient to participants; which are both barriers to going to a provider until there is a specific health concern. • The Cohort Report is a new feature that compares participants who completed screening in both 2015 and 2016. There were significant improvements in diabetes and heart disease risk factors (glucose and cholesterol levels improved). Weight stayed stable and BP had slight increase in moderate risk. 2015 — Cohort 214 37% 204 234 46% 215 255 49% 180 * 310 63% 166 2016 — Cohort 35% 159 28% 577 42% 58 11% 507 34% 89 17% 524 34% 19 4% 495 Wei I 208 36% 211 37% e':' 217 43% 234 46% 290 55% 191 36% 335 68% 146 29% h: -Risk High: Risk;; Conn ', 158 27% 56 11% 43 8% 14 3% 577 507 524 495 Some of the feedback provided to Human Resources from EBAC, Wellness Task Force, DOC, and employees regarding the 2016 PHA: • The change in the incentive structure was more effective. • The finger stick was preferred over the lab blood draw, but participants who are scheduled for a blood draw for other health needs want to include these results and forgo the finger stick. • The overall process was quicker this year, especially having a special area/day/time for the finger stick. • The addition of the tablets in the DOC increased efficiency for both the member and DOC staff. • Increase number of on-site PHA clinics. • Superior Questionnaire/Report from new on-line questionnaire vendor, Cerner. PHA Goals for 2016: • Increase participation by 15%. • Increase the Overall Wellness Rating for Deschutes County. • Continue same program incentives and processes from 2015. • Update ROI calculation process. EBAC met and discussed the PHA process and incentive options for 2017. EBAC supports Human Resource's suggestions on goals and process improvements for the 2017 PHA. In addition to supporting HR's goals and suggestions, EBAC has requested Administration and HR staff review options for a greater incentive for employees. In particular, they recommend we review options to have a higher health insurance cost -share for those who do not participate in the PHA annually. HR staff has committed to continue the discussion with EBAC. In response to the feedback received, HR staff recommends the following PHA program, which is the same as the previous year's program. The program will begin in May and end in September with the financial incentive to be awarded to participants in November and an immediate tangible incentive provided at the finger stick appointment. The DOC will continue to use a Cardiocheck Plus Analyzer (a finger -stick lipid/glucose machine) rather than a full blood draw and lab test for eligible participants. This will reduce the wait time for participants, the costs for the County, and the administrative burden on the DOC. Based on the results of the lipid panel, participants will be scheduled to complete their follow-up visit with either a medical provider or the Wellness Coordinator. Again this will reduce the impact of the process on available appointments at the DOC and make the follow-up visit more specific to the participant's health goals and needs. The program is designed to increase the impact of the incentive, create a more efficient use of resources, and produce a more meaningful PHA experience for participants. The 2017 PHA incentive recommendation from HR staff, supported by EBAC, is as follows: Single employees would not pay a premium cost share in November if they participate in, and complete, the PHA. Married employees would also not pay a premium cost share for November if both employee and spouse participate in, and complete, the PHA. If only one of the married couple participates, the employee will pay 50% of the monthly premium cost share. Additionally, an immediate "prize", possibly a picnic blanket or lunch box with the DOC logo, would be given at the time of the finger stick. The anticipated cost for the 2017 PHA is about $100,841. Eastern Oregon Counties Association Deschutes County Historical Dues Payments/Background Calendar 2014 Dues Request • EOCA requested $15,000 o Loosely based on L5% of current PILT allocation • BOCC decided to pay 50% - $7,500 Calendar 2015 Dues Reauest • EOCA requested $16,317 o Loosely based on 1.5% of current PILT allocation o Request split into $10,000 'Base Payment' and $6,317 'Program Revenue' • BOCC decided to pay 50% - $8,158.50 Fiscal Year 2015-16 Dues Request • EOCA requested $15,800 • BOCC decided to pay 100% in two separate checks o $7,900 for historical 50% precedent o $7,900 for 'one-time only' payment for 'national lobbying efforts Fiscal Year 2015-16 Dues Request • EOCA requested $15,800 VENDOR # 11CIWiOCD 1M WV DESCHUTES COUNTY ACCOUNTS PAYABLE VOUCHER It CHANGED VENDOR NAME Eastern Oregon Counties Association (EOCA) VENDOR ADDRESS C/o Union County Commissioners -1106 K Ave., La Grande, OR 97850 CHECK NO RETURN TO DEPT BOCC/Connie FUND DEPT/DIV BAS ELEM OBJ PROJ P.O. INVOICE # 1 DESCRIPTION $ 001 4500 413 50 10 I 11/25/13 2014 Membership Dues 7,500,00 ORIGINATO:r DATE APPROVED TMAENT HEAD 12/10/13 DATE APPROVED VOUCHER TOTAL 12/10/13 7,500.00 Mr. Anderson said that the people putting together Honor Flight have asked for $3,000 to get six veterans to Washington, DC. Three would be from Redmond and three from Bend. Chair Unger suggested that they challenge the City of Redmond, and perhaps each Commissioner could request match funds from various groups, such as Rotary. The group needs to know as soon as possible to make arrangements. Mr. Anderson suggested these funds come from general fund, as it should not become a regular request from discretionary grant funds. They will need a letter to go forward, and this should be put on a business meeting agenda for mid-December. Mr. Anderson said tht#tEAttern Oregon'Counties Association has asked for $15,000 from Deschutes County, as a membership fee. The Board discussed this request and decided that 7 U 'appropriate at this time. Commissioner Baney cautioned that they don't want to see AOC fractured east and west. This needs to be monitored. Mr. Anderson suggested that perhaps they could be a sub -group of AOC and not a separate organization. Chair Unger would like to review their by-laws before committing further. Being no further items discussed, the meeting adjourned at 4:00, at which time the Board went into executive session. DATED this 21 Day of Deschutes County Board of Commissioners. ATTEST: 6411-6A— Recording Secretary 2013 for the Alan Unger, Chair VI Tammy Baney, Vice ihair A41/-51,_ Anthony DeBone, Commissioner Minutes of Board of Commissioners' Work Session Monday, November 25, 2013 Page 11 of 11 of your counties would like to join the EOCA the attached member application would need to be filled out and sent to me. I have also attached the Intergovernmental Agreement and Bylaws for the group for your County to review. Some of you have asked about the cost for the services that will be used by the group on the Federal issues that face the Eastern Oregon counties. I have attached a budget as well as the cost per county to this email. The cost has been calculated using 1.5% of the current allocation of PILT funding with and minimum and maximum contribution. The budget is based on all 18 counties entering into the EOCA and may need to be adjusted based on how many counties become members. Our next meeting will be a conference call held on Monday, December 9th at 10:00 am. I have attached the agenda and supporting documents as well. For this conference call please call 1888-693-8686 and use conference code 8151350. Please contact me with any questions or. concerns. Ashtet� wtthetw� Sr. Department Specialist II Union County Commissioners 1106 K Ave. La Grande, OR 97850 541-963-1001 wilheIrn( union-countv.orq 2 DESCHUTES COUNTY ACCOUNTS PAYABLE VOUCHER VENDOR ti (3 CHANGED VENDOR NAME Eastern Oregon Counties Association (EOCA) (CHANGED VENDOR ADDRESS C/o Union County Commissioners - 1106 K Ave., La Grande, OR 97850 iAA IU# FUND DEPT/DIV BAS ELEM O8J PROJ 001 4500 413 50 10 ORIGINATOR CHECK NO. RETURN TO DEPT P O INVOICE # DESCRIPTION $ 1/14/15 2015 Membership Dues 8,158.50 DEPARTMENT t27 „17 DATE APPROVED DATE APPROVED t-ILI-Is VOUCHER TOTAL 8,158.50 Chair DeBone said he participated on an Eastern Oregon Counties Association conference call yesterday, at which time the group discussed proposed issues such as PILT, federal forest lands management, species listings, and more. Much of this has to do with local eastern Oregon issues. Mr. Keith said that some of this impacts Central Oregon, especially the federal agencies' plans. Commissioner Unger likes to support groups like this, but they often want a hefty contribution. Chair DeBone wants to be sure there is value in participating. PILT and SRS are important to all. Mr. Anderson stated that last year the group wanted 1.5% of each county's PILT dollars, and it was a high number for Deschutes County, $26,000. They revised this to $15,000. The Board decided that half of that was more appropriate. This year they are asking for over $16,000. Chair DeBone stated that there are a few things that impact Deschutes County, but much of it does not. The County has not paid for this year, and they are requesting a commitment. Commissioner Unger would like to know if Commissioner Baney is supportive. He feels this is a lot of money. Chair DeBone supports half of what they are requesting, $8,169. Mr. Anderson stated it was paid out of the general fund previously. PILT was reauthorized but SRS has not been yet. They total about $2.8 million. Dues are paid out of the general fund and he feels this is appropriate. Commissioner Unger said that the County is already involved at the federal level through the efforts of Joe Stutter and others. This will benefit all of Oregon. UNGER: Move payment of half the requested amount for dues to the Eastern Oregon Counties Association. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Work Session (\Wednesday, January 14, 2015 Page 4 of 6 Pages DESCHUTES COUNTY ACCOUNTS PAYABLE VOUCHER VENDOR# IIjCH/J4060 VENDOR NAME III Eastern Oregon Counties Association (EOCA) I I CwwaED VENDOR ADDRESS C/o Union County Commissioners - 1106 K Ave., La Grande, OR 97850 1AX IU if 7Z—C) wow se s4,1oV\ CHECK NO. RETURN TO DEPT FUND DEPT/DIV BAS ELEM OBJ PROJ P 0 INVOICE # DESCRIPTION $ 001 4500 413 50 10 5002 2015/2016 Membership Dues 15,800.00 This Invoice is to be paid with two separate checks. 1st payment = $7,900 2nd payment = $7,900 DATE APPROVED /0 -5 -pc DATE APPROVED /0. S" VOUCHER TOTAL 15,800.00 EOCA 1106 K Avenue La Grande, OR 97850 541-963-1001 Fax 541-963-1079 To: Deschutes County Attn: Tony DeBone P.O. Box 6005 Bend, OR 97708 SALESPERSON P.O. NUMBER DATE SHIPPED INVOICE NO: 5002 DATE: September 1, 2015 Ship To: Eastern Oregon Counties Association c/o Union County 1106 K Avenue La Grande, OR 97850 SHIPPED VIA F.O.B. POINT TERMS QUANTITY DESCRIPTION UNIT PRICE AMOUNT EOCA Dues FY15-16 $15,800.00 Make all checks payable to: Union County SUBTOTAL $15,800.00 SALES TAX SHIPPING & HANDLING TOTAL DUE $15,800.00 .2c r w )),g-. • SEP A 2015 f Union County 1106 K Avenue La Grande, OR 97850 (541) 963-1001 To Deschutes County Att: Commissioner Tammy Baney P.O. Box 6005 Bend, OR 97708 QUANTITY DESCRIPTION EOCA Dues FY 2016-17 Make checks payable to: Union County 1106 K Avenue La Grande, OR 97850 THANK YOU! Date: March 7, 2017 Invoice #6012 PAYMENT TERMS Net 30 AMOUNT $15,800.00 SUBTOTAL $15,800.00 ADMIN FEE $0 TOTAL $$15,800.00 MAA 10 2017 BOARD OF COMMISSIONERS ADMINISTRATION