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2017-457-Minutes for Meeting June 21,2017 Recorded 8/4/2017
Recorded in Deschutes County CJ2017-457 Nancy Blankenship, County Clerk Commissioners' Journal 08/04/2017 8:53:15 AM 111111111111111111111111 111111 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 WEDNESDAY, JUNE 21, 2017 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Executive Secretary. Several citizens were present and no representative from the media was present. CALL TO ORDER: Chair Baney opened the meeting at 1:35 p.m. ACTION ITEMS 1. Mayor of La Pine, Dennis Scott came to the Work Session to bring to attention a concern with communication. Mayor Scott spoke on habitat lands donation and the City expresses their concerns of not being involved in the discussion process and the lack of communication between the City of La Pine and County. Commissioner Henderson commented we have tried to require that all Habitat developments are consistent with other projects in the area and that we also acknowledge Habitat projects need to fit city planning requirements. Mayor Scott's other concern was a paving project the City was not aware of as well as their concern on the industrial park and the convenants, conditions, and restrictions (CCR). The Mayor is looking for communication. James Lewis, Property Management, reported on the status of review on the industrial park properties with Legal Counsel and communications that are needed with the property owners. In the future a transition of road maintenance will occur from the County to Minutes of Board of Commissioners' Work Session June 21, 2017 Page 1 of 5 the City. Discussions are being held with ODOT on a five-year plan for La Pine. Mayor Scott requests a joint meeting with the County. Meetings are held regularly with the various cities in the County. 2. Revised City of Bend JMA / Urbanized Area Zone and Text Amendments: Matt Martin, Associate Planner, and Pauline Harding City of Bend gave an update on the revised joint management agreement. Mr. Martin reviewed the process taken thus far. Current version of the JMA was adopted in 1998. This is for the urban growth boundary expansion area as well as an area around the public safety complex. The public hearing is scheduled for Wednesday June 28th. Commissioner Baney requests members of the Planning Commission to be present for any comment. Mr. Martin spoke on timelines. Ms. Harding noted the City's progress and communications to date. This evening this will be presented at the Bend City Council. 3. National Wildlife Services Advisory Committee Nomination: County Administrator Anderson reported Joe Stutler was interested in participating in the National Wildlife Services Advisory Committee and asks the Board's consideration of nomination. Mr. Stutler, Senior Advisor, reviewed the committee history, purpose, and representation. Mr. Stutler noted the expenses are covered by the USDA so there will be no cost to Deschutes County for his membership. The deadline for applications is June 30, 2017 and is a two year terms. The Board expressed their support. HENDERSON: Move approval of nomination. DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes BAN EY: Chair votes yes. Motion carried 4. Central Oregon Cohesive Strategy Initiative: Mr. Stutler reported the discussions have been held in the past on this position. Mr. Anderson noted last year there was a proposal for the coordinator position and the budget committee noted they were not interested unless there was a partnership by all Minutes of Board of Commissioners' Work Session June 21, 2017 Page 2 of 5 counties covered by the cohesive strategy. Mr. Anderson stated since then it is not just counties involved in this effort and the federal government has stepped up and committed money towards the position and the share by Deschutes County would be far less. Mr. Stutter noted in the package are listed the value of the position and a draft Memorandum of Understanding and Personal Services Contract as well as a position description and that the Central Oregon cohesive strategy committee has reviewed this information. Mr. Stutter has had personal conversations with the other counties and nothing in a formal presentation. Mr. Stutter stated the Forest Service showed interest in contributing to this position as he noted the value of the position. Mr. Stutter noted the Forest Service and BLM told him there was always going to be funding available for 50% of this position or approximately $75,000. Mr. Stutter feels the $150,000 after the first year would go down to $130,000. Mr. Stutter feels once the coordinator position is in place and other stakeholders will see the advantage of the position and would like to contribute. This position would work under Deschutes County contract. Mr. Stutter pointed out the investment of the program would be $158,000 per year and would get other contributions from the other stakeholders every year. Mr. Stutter feels it's a good opportunity for the federal government to have interest in Central Oregon and that is their offer. Commissioner Baney asked for the cost associated to Deschutes County. Mr. Stutter noted 46% if all of the other counties agreed to the contribution. Commissioner Baney pointed out there is no notation of the federal government's contribution in the packet. County Administrator Anderson then noted Deschutes County would share in the 50% remaining after the federal government contribution. Mr. Stutter noted when looking at the budget for the person it is much like what Katie Lighthall does now working from her house. Mr. Stutter is serving as the coordinator now and he would see this support to continue under his oversight. Commissioner Henderson sees it as actually taking over what Joe Stutter is actually doing. Mr. Stutter noted this would be a great investment and he is unable to fill these duties. County Administrator Anderson noted the dollars from Deschutes County would be funded through different options from the budget. Mr. Stutter noted the three federal agencies would like to see Deschutes County take the lead and move forward with the contract. The question Mr. Stutter has is would the Board approve moving forward to identify this person and do that without getting the additional monies from the other counties. At this time Mr. Stutter doesn't feel the other four counties see the value in this position. Mr. Stutter feels if one of the Commissioners would go with him to present to the other counties it might be a good sell. Commissioner Baney if we don't have the other partners are the federal partners willing to put in more of an investment. Mr. Stutter noted their comfort level of $75,000. Commissioner Henderson suggested conversations with the other counties first. Minutes of Board of Commissioners' Work Session June 21, 2017 Page 3 of 5 Commissioner Baney noted her hesitation on the commitment of the position without the partnership agreement of cohesive strategy. Mr. Stutter believes the federal government funding would be solid money. Commissioner DeBone asked what kind of scope and scale are we seeing with Cohesive Strategy. Mr. Stutter noted we have not lost a house in the past 15 years and that is everyone's effort and noted the importance of living in a fire adaptive community. The Board discussed meeting with the other counties before making a decision. Mr. Stutter's vision is that there is enough stakeholders and knows the federal government is dedicated to their contribution. Commissioner Baney explained her hesitation of creating this position and moving forward and then presenting the bill to the other counties. Mr. Stutter's suggestion is that the position is $150,000 and is based on investment from stakeholders and $75,000 from the federal government is 20 hours per week. He feels it a good strategy if a commissioner could help with outreach to the other counties. Commissioner Baney suggested doing outreach to other commissioners and bring the item back to a future Work Session. Commissioner Henderson volunteer to help with recruiting assistance from the other counties. 5. Financial Policy Review: Wayne Lowry, Finance Director, reported on the finance process which has been totally paper driven and is approved after the fact. The new system will allow approvals prior to purchase or payment of invoice and a quick turn around on reimbursements. Mr. Lowry presented a draft reimbursement policy and policy for payments to suppliers. Mr. Lowry noted with the new system there will no longer need to be paper transported by the "bill bag". Commissioner Henderson commented he would still like to see a printed report. The Board expressed their support. Mr. Lowry reported on the department purchasing policy and the proposed department credit card to eliminate the need for employees to use their own personal credit cards for purchases required for their job. Mr. Lowry noted the feature through Munis to allow the correct capture of the accounting side of the credit card purchases. Discussion held on the current process involving credit card payments and the hope for the purchasing policy. County Administrator Anderson noted this concept has been reviewed over the past two years. The Board expressed support of the purchasing policy. Mr. Lowry presented a capital outlay policy to address substituting items that were approved in the budget. The Board expressed support. The policies will be brought forward to a future Business Meeting consent agenda. At the time of 4:03 p.m. Chair Baney called for a recess. The Board reconvened at 4:09 p.m. Minutes of Board of Commissioners' Work Session June 21, 2017 Page 4 of 5 OTHER ITEMS At the time of 4:09 p.m. the Board went into EXECUTIVE SESSION under ORS 192.660 (2) (h) pending litigation. The Board came out of Executive Session at 4:25 p.m. DEBONE: Move approval of Order 2017-022, Accepting Review of Administrative Decision in File Nos. 247 -17 -000208 -AD and 247 -17 -000209 -LM HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried At the time of 4:32 p.m. the Board went into EXECUTIVE SESSION under ORS 192.660 (2) (h) pending litigation. The Board came out of Executive Session at 4:47 p.m. ADJOURN: Being no further discussion, the meeting adjourned at 4:47 p.m. DATED this (.f Day of Board of Commissioners. f‘cOrding Secretary Minutes of Board of Commissioners' Work Session 2017 for the Deschutes County Tammy Baney, Chair' Anthony DeBone, Vice h Philip G. derson, Commissioner June 21, 2017 Page 5 of 5 TE ❑ c 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, WEDNESDAY, JUNE 21, 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. Revised City of Bend JMA / Urbanizable Area Zone and Text Amendments - Matt Martin, Associate Planner 2. National Wildlife Services Advisory Committee Nomination - Joe Stutter, Senior Advisor - Tom Anderson, County Administrator 3. Central Oregon Cohesive Strategy Initiative - Joe Stutter, Senior Advisor 4. Financial Policy Review - Wayne Lowry, Finance Director/Treasurer OTHER ITEMS 5. EXECUTIVE SESSION: under ORS 192.660 (2) (h) Litigation and ORS 192.660 (2) (i) Performance Evaluation 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. Board of Commissioners Work Session Agenda Wednesday, June 21, 2017 Page 1 of 2 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. 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 Wednesday, June 21, 2017 Page 2 of 2 T E 0) W o -< Deschutes County Board of Commissioners 1300 NW WaII 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 June 21, 2017 DATE: June 16, 2017 FROM: Matt Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Revised City of Bend JMA / Urbanizable Area Zone and Text Amendments PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Matthew Martin, Associate Planner; Peter Gutowsky, Planning Manager SUMMARY: The Board of County Commissioners (Board) will be conducting a work session on June 21, 2017, to prepare for two public hearings scheduled for June 28. The public hearings will review: Proposed amendments to the Joint Management Agreement (JMA) with the City of Bend; 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. Community Development Department Planning Division Building Safety Division Environmental Soils Division TO: FROM: DATE: SUBJECT: Work Session RE: City of Bend Joint Management Agreement / Urban Holding Zone Change and Text Amendments P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www,deschutes.org/cd MEMORANDUM Deschutes County Board of Commissioners Matthew Martin, Associate Planner June 16, 2017 The Board of County Commissioners (Board) will be conducting a work session on June 21, 2017, to prepare for two public hearings scheduled for June 28. The public hearings will review: • Proposed amendments to the Joint Management Agreement (JMA) with the City of Bend; • 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. II. JOINT MANAGEMENT AGREEMENT 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. 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 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.1 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. Quality Services Performed with Pride III. REVISED JOINT MANAGEMENT AGREEMENT The proposed revised JMA agreement establishes clear responsibilities within Bend's UGB and removes any reference to the "Urban Area Reserve." Table 1 compares the existing JMA with the revised JMA. 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. On June 7, 2017, the Bend City Council held a public hearing to review the agreement and unanimously approved the Revised JMA (Attachment 2). 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 Urbanizable Area (UA) 3. County delegates code enforcement exclusively for land use and building permit cases to City of Bend in the UA 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 UA 7. Sanitary districts in the UA shall not be formed except as consistent with the Bend Area General Plan (not allowed) 8. Water districts in the UA shall not be formed except as consistent with the Bend Area General Plan (not allowed)3 9. County roads existing within the UUA will remain under county jurisdiction and maintenance until annexation 2 1998 JMA (Current Agreement) No, also applies to Bend UAR Yes Yes Yes Yes Yes Not allowed JMA encourages annexation over "the formation of expansions of special districts" Yes Proposed Yes, including the land withdrawn from the City of Bend by City Resolution 24592 Yes Yes Yes Yes Yes Not allowed Not allowed Yes 3 The restrictions on formation of special districts implement recently adopted City of Bend Comprehensive Plan Policies: • Plan Management and Citizen Involvement, Urban Planning Coordination, Policy 1-5: No new water or sewer service districts shall be created within the UGB without the concurrence of the city. (CP p.18) • Public Facilities and Services, Sewer Collection Facilities, Policy 8.2: The city is the primary provider of sewage collection and treatment services for the City's service area under Statewide Planning Goal 11. (CP p. 133) -2- Key Provisions 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.4 1998 JMA (Current Agreement) Proposed JMA is ambiguous Yes JMA is ambiguous Yes IV. URBAN HOLDING ZONE AND RELATED AMENDMENTS Under the current and revised JMA the City of Bend has planning and land use regulatory authority responsible for processing land use applications including the proposed legislative zone change and text amendments. As specified in the JMA, final action on legislative changes remains vested with the Board. The Bend City Council held a public hearing on June 7, 2017, to review similar changes to the Bend Development Code and approved the amendments unanimously. In this instance, the City of Bend is also the applicant. City staff will be present at the work session to provide an overview of the proposed changes. Also attached are the staff report, proposed amendments to the county code, and UA zone change map (Attachments 3-5). V. NEXT STEPS Public hearings on the revised JMA and UA zone change and related text amendments are scheduled for June 28, 2017. Formal ordinances for the proposed amendments will be prepared in advance of the public hearing. Attachments 1. 1998 JMA 2. Revised JMA 3. Staff Report 4. "Exhibit A" — Deschutes County Code Update (text amendments) 5. Urbanizable Area Map 4 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. -3- 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 PM 1:56 WHEREAS, the City of Bend, Oregon, hereinafter;4.MeTRcli; oti,as CRy", and Deschutes County, Oregon, hereinafter referred to as "Counte,ujim eptiArized 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. MICRHHL1 W APR 011998 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 tF .f11-' WED fED acknowledged 1981 Bend General Plan the urban growth bourgivi 398 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 Imolementina 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 Tess 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 less 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 0447 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 A ST: , „5.,s., Recorder BOARD OF COUNTY OF 4D SCHUT: S OUN7Y, OREGON 1 C WA blanc hla'genj hair Nipper, Com ; stoner Linda Swearingen, •mmissioner Recording Secretary 11 - JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA FEB -12-98 TUU 10:40 AM DESCHUTES CO PUB WORKS FAX NO. 5413882719 P.03 m 4 m -4 Q o c C 2, z 4 8 auryaew leas ioe1D leo /Bee M w 03 * m lo2. trm toa ¢ yC��- a "OFPI L; -' (n' • Elt c g a) E 0-1 m o 0 R (1 al cra m m u, a N t 0 C7 0 EZOELLVI9196)1868 i. John Deere Grader with rear ripper NOIldI213S30 4-4 a 0)03 N (31 VI g IMEun 1N 1V1d3S 0164-0450 1S11 !NBI IdifltD3 «f» 1181 HX3 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 Regulations. 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 (UGB). 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 Tots in approved subdivisions as of July 1, 1998. 2 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA 0164-0453 Article IV. Building 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 all 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 0164-045; 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: Legislative 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 Neiahborhood 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. Aoneals, 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 shalt 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 0164 45; Board of County Commissioners as the appeals body under Title 22 o 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. Severability.. 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 WITNESS WHEREOF, THE AUTHORIZED REPRESENTATIVES OF THE CITY AND COUNTY AS PARTIES HERETO HAVE HEREBY AGREED: CITY OF BEND Recorder BOARD OF COUNTY COMMISSIONERS OF/DESCH TE)S COU, TY, OREGON A A Nancy ' • 4Sclangen , Chair Air irt gir Age fp- obert L. Nip er, o Linda L. Swearinge T: Recording Secretary • ssioner ommissioner 8 - EXHIBIT B TO JOINT MANAGEMENT AGREEMENT - BEND URBAN AREA REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY This Revised Joint Management 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 remain 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 Chapters 190.003 to 190.030 and ORS 215.170 authorize the City and County to enter into this intergovernmental cooperation agreement. It is not considered a regulatory document or a land use decision, but an agreement for the performance of functions by the City that the County has the authority to perform, consistent with the statewide planning goals. Goal 14 requires that establishment and change of an urban growth boundary be a cooperative process between the city and county. E. Goal 14 and Oregon land use laws related to UGB expansions, needed housing and adoption of comprehensive plans and the implementing regulations further require that urbanizable land within UGB boundaries be considered available for urban development consistent with plans for provision of urban facilities and services, and that when land is added to the UGB, the government assign appropriate land designations consistent with its need determination. The City and County recognize Page 1 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) that it is necessary to cooperate through this JMA to implement the urbanization policies of the UGB expansion and their updated comprehensive plans. NOW, THEREFORE, the parties agree as follows: TERMS OF AGREEMENT SECTION 1. 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. It repeals and replaces the 1998 Agreement in its entirety. SECTION 2. 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 State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. Urbanizable Area (UA): The unincorporated area inside the UGB but outside the city limits, including the land withdrawn from the City of Bend by the County by City Resolution 2459. SECTION 3. Planning and Land Use Regulatory Authority 3.1 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, including any adopted and acknowledged amendments to those documents. 3.2 As of the effective date of this Agreement, the County will: a) 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. b) Delegate to the City authority to initiate and process legislative actions in the UA, as set forth in Section 3.3(b) below. Page 2 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) c) 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. d) Delegate the following to the City as authorized by ORS 190.010: i. 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. ii. Authority to act as the hearing officer for the County in matters arising from subsection i. The City may use the Municipal Court Judge as the hearings officer. e) Delegate to the City the authority to assign addresses to properties within the UA using BC Chapter 3.90, Street Names and Address Numbers. 3.3 As of the effective date of this Agreement, the City will: a) Accept and process all Development Applications in the UA in accordance with BDC Title 4 Applications and Review Procedures, except for the applications referenced in (b) below which will be processed as specified in that section. b) 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: i. 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. ii. City will incorporate County comments in the staff report or attach the County comments to the report and present them to the hearings body. iii. City staff will assist the county in writing and formatting all ordinances for adoption by the Board of County Commissioners (BOCC). iv. 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. v. The City will follow the standards, criteria and procedures provided for in the BDC for legislative amendments. vi. No applications may be adopted without a public hearing by the Bend Planning Commission, a public hearing by the Bend City Council, and a Page 3 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) 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. vii. City and County will notify each other within five working days of receiving any written appeal. c) 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. d) 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). SECTION 4. Building Permits and Inspections 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. SECTION 5. Sewer 5.1 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 the formation of a sanitary sewer district under ORS 450 or private sewer system within the UA without the concurrence of the City, as contemplated by Bend Comprehensive Plan Policy 1-5. 5.2 The County will remain responsible for septic permits (On-site Permits) and inspections for sewage treatment and dispersal systems for properties in the UA. SECTION 6. Water 6.1 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. 6.2 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. Page 4 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) SECTION 7. Roads 7.1 "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. a) 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. 7.2 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. 7.3 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. a) 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. b) 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. 7.4 Upon annexation, roads and rights-of-way will be accepted by the City under the City's annexation regulations. a) 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. b) 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. c) All annexed rights-of-way shall require a transfer of jurisdictional authority from the County to the City per ORS 373.270. SECTION 8. SDCs The City has the authority to charge sewer, water and transportation System Development Charges (SDCs) in the UA. Prior to the City updating the Transportation SDC methodology to include properties in the UA, 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 Page 5 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) 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 for the UA, the City will be responsible for the collection, processing, challenges and appeals of these SDCs. City water and sewer SDC's will be collected at the time of any connection to the City systems based on the current City SDC Fee Resolution. SECTION 9. Fees The City's Fee Resolution sets the fees applicable to Development Applications within the UA. SECTION 10. Indemnification 10.1 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. 10.2 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. SECTION 11. Charges 11.1 City will not charge or invoice County for any work, activity, fee or charge associated with this Agreement. 11.2 County will not charge or invoice City for any work, activity, fee or charge associated with this Agreement. SECTION 12. Amendment and Termination 12.1 This Agreement may be amended or terminated only by mutual written agreement of the parties with 90 days written notice to the other party. 12.2 This Agreement remains in effect until terminated or amended under this section. 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: Page 6 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) 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 by a mutually acceptable Mediator. SECTION 14. Agreement Interpretation. The Recitals are incorporated into this Agreement. The Agreement represents the entire agreement between the parties as to the subject matter covered by this JMA. Each party relies was represented by an attorney, and mutually negotiated the Agreement in good faith. SECTION 15. Effective Date This Agreement shall be effective when it is duly executed by both City and County. CITY OF BEND Casey Roats, Mayor Authorized by Council Motion on June 7, 2017. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DeBONE, Vice Chair Page 7 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) PHIL HENDERSION, Commissioner APPROVED AS TO FORM: ters, City Attorney David Doyle, County Counsel Page 8 of 8 REVISED JOINT MANAGEMENT AGREEMENT REGARDING THE AREA WITHIN THE BEND URBAN GROWTH BOUNDARY (2017) CITY OF BEND STAFF REPORT To: Deschutes County Board of Commissioners From: Colin Stephens, AICP, Planning Manager Pauline Hardie, AICP, Senior Code Planner Meeting Date: June 28, 2017 File Number: 247-17-000194-ZC/247-17-000191-TA Subject: Amendments to the Deschutes County Zoning Map and Zoning Ordinance changing the zoning located in the unincorporated area between Bend city limits and the Bend UGB, except for the land withdrawn from the City by the County by City Resolution 2459, to Urbanizable Area (UA) District and amending the Deschutes County Code (DCC) Chapter 15.08 Signs, Title 17 Subdivisions, and Title 19 Bend Urban Area Zoning Ordinance, repealing Chapter 15.08A City of Bend Sign Code Ordinance No. 1495 and Title 17A City of Bend Subdivision Ordinance No. NS 1349, and amending Title 19A and creating the Urbanizable Area (UA) District. I. BACKGROUND In 2016, the City of Bend and Deschutes County expanded the Urban Growth Boundary (UGB) to include 2,380 acres and the amended Bend Comprehensive Plan went into effect (Attachment 1). In order to achieve the Bend Comprehensive Plan goals and policies adopted as part of the UGB expansion, and reflect state laws requiring consistency between Comprehensive Plans and zoning, development in the urbanizable area needs to occur consistent with the underlying Bend Comprehensive Plan designation. The proposed Urbanizable Area (UA) District (Attachment 2) is intended to protect the policy intent of the Bend Comprehensive Plan in the urbanizable area until properties are annexed into city limits. Once they are annexed, the UA District will cease and the zoning map will be updated with the zoning district that implements the underlying Bend Comprehensive Plan designation. City and County staff have been working together since November 2016 on the proposed zone change and code amendments. On April 11, 2017, the City Council and the Deschutes County Board of Commissioners (BOCC) held a joint work session and discussed the proposed zone change and code amendments. The Bend Planning Commission held a work session on April 24, 2017, and discussed the proposed amendments and on May 22, 2017, the Bend Planning Commission held a public hearing and voted (4-0) to recommend that the City Council approve the proposed amendments. The City Council held a public hearing on June 7, 2017, and conducted the first reading and on June 21, 2017, the Council conducted a second reading and approved the amendments. The Deschutes County Planning Commission held a work session on June 8, 2017 and reviewed the proposed zone change and code amendments. On April 26, 2017, staff mailed a Measure 56 notice to 127 potentially affected landowners in the proposed UA District to notify them of the proposed zone change and code amendments. A notice of the May 22, 2017, Planning Commission public hearing and of the June 7, 2017, City Council public hearing was published in the Bend Bulletin on April 30, 2017. A notice of the BOCC hearing on June 28, 2017 was published in the Bend Bulletin on June 4, 2017. Staff has received 12 phone calls/emails regarding the proposed code updates. II. URBANIZABLE AREA (UA) DISTRICT The City of Bend is proposing an urban holding zone for lands recently brought into the UGB, but not yet annexed. The proposed UA District will be codified in both the County and City codes as Deschutes County Code (DCC) Title 19A and Bend Development Code (BDC) 2.8. The proposed UA District will provide limited opportunities for housing and other limited rural uses that will not interfere with future urban development as contemplated by the Bend Comprehensive Plan. This will help maximize the opportunity for landowners to realize the full potential of urban development when they annex. It is important to remember that lands included in the UGB were sought after by landowners with the goal of converting rural uses to urban uses as it increases development potential and property values. The following Table provides more detail about the UA District. 1. What is it? The UA District is an urban holding zone. 2. What is the purpose? The UA District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. It also protects the policy intent of the underlying Bend Comprehensive Plan designations until the properties annex into city limits. Page 2 3. Where does it apply? To properties in the urbanizable area inside the UGB but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. 4. Is it new? Yes. This is the first time the City of Bend has proposed an urban holding zone. 5. Do other cities in Deschutes County rely on urban holding zones? 6. What do the proposed amendments include? 7. Can existing buildings/uses expand? Yes. The cities of Redmond and Sisters have urban holding zones for lands within their urban unincorporated area. 1 The UA District includes permitted land uses such as single-family detached dwelling units, accessory dwelling units (ADUs), manufactured homes, home occupations, farm stands, and bed and breakfast inns when allowed in the zoning district that implements the underlying Bend Comprehensive Plan designation. Uses such as accessory structures and uses, farm uses, and agricultural buildings are permitted regardless of the underlying zoning district that implements the Bend Comprehensive Plan designation until annexed into the City of Bend. The District includes lot area (20 acres minimum), dimension (lot coverage, setbacks and building height) requirements, and additional development provisions. The proposed amendments also include new and revised definitions. Yes, as long as they are lawfully permitted. An expansion or enlargement of 50 percent or less of a lawfully permitted use and/or building 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 will also apply. 1 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 Page 3 8. What happens when the properties annex into city limits? III. OTHER AMENDMENTS The Bend Comprehensive Plan map, acknowledged in December 2016, changed Comprehensive Plan designations in the urbanizable area. When properties annex into the City, the UA District will cease and the zoning map will be updated with the zoning district that implements the underlying Bend Comprehensive Plan map designation. 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 strikeouts. DCC TITLE 15 BUILDINGS AND CONSTRUCTION DCC Chapter 15.08. Signs DCC 15.08.015. Bend Uurban 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 The City of Bend Sign Code . - - ---- - .- _-- - - '-- .o_ and as may be amended from time to time, shall apply in -that -geographic -area -to those lands instead. DCC 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. as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. CHAPTER 15. _ REPEAL TITLE 15-08A Page 4 DCC TITLE 17 SUBDIVISIONS DCC Chapter 17.04. General Provisions DCC 17.04.020. Purpose. 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_ , County dated Fcbruary 18, 1998. The city of Bend Subdivision Ordinance, No. NS 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. DCC Chapter 17.08. Definitions and Interpretation of Language DCC 17.08.030. Definitions Generally. "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. REPEAL -. .. .-. . TITLE 1-7-A No. NS 149 DCC TITLE 19 BEND URBAN AREA ZONING ORDINANCE DCC Chapter 19.04. Title, Purpose, Compliance and Definitions 19.04.010. Title. 19.04.020. Compliance with Title Provisions. 19.04.030. Applicability. 19.04.040. Definitions DCC 19.04.010. Title. Page 5 DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon and of the land withdrawn from the City of Bend by the County by City Resolution 2459. DCC 19.04.030. Applicability. DCC Title 19 applies to the Bend Urban Area and to the land withdrawn from the City of Bend by the County by City Resolution 2459. DCC Title 19A applies to lands inside the UA District. 19.04.040. Definitions. "Bend urban area" means that area lying insidc outside the adopted Bend Urban Growth Boundary that is shown on the Deschutes County Comprehensive Plan Mao as Urban Area Reserve and outsido the City of Bond boundarics. "Urban Growth Boundary (UGB)" means the urban Growth boundary as adopted by the City and County and acknowledged by the State. as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. "Urbanizable Area (UA) District" means the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. Attachments 1. Urbanizable Area Map 2. Ordinance XX Page 6 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 strikethrough 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 1IPage June 28, 2017 TITLE 15 BUILDINGS AND CONSTRUCTION *** CHAPTER 15.08. SIGNS. *** 15.08.015. Bend Durban 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 dated 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 in that geographic area to those lands instead. (Ord. 2017-OOx &x, 2017; Ord. 2014-018, §2, 2014; Ord. 98-052 §1, 1998) *** 15.08.040. Specific Definitions. *** "Urban Growth Boundary (UGB)" means the urban arowth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend, Comprehensive Plan map. *** (Ord. 2017-00x &x. 2017: Ord. 2014-018, §2, 2014; Ord. 2009-023§1, 2009; Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord.81-009§1, Exhibit A, §§ 1.030and1.050, 1981) *** 21Page June 28, 2017 CHAPTER 15.0-8A— REPEAL TITLE 15 08A *** TITLE 17 SUBDIVISION *** CHAPTER 17.04. GENERAL PROVISIONS. *** 17.04.020. Purpose. *** 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, , - •• The city of Bend Subdivision Ordinance, No. NS 1319, as adopted by the Board of County Commissioncrs 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. *** .._ (Ord. 2017-OOx &x. 2017: Ord. 2008-030 § 1, 2008; Ord. 98-041 § 1, 1998; Ord. 95-065 §1, 1995; Ord. 90-003 §1, 1990, Exhibit A; Ord. 83-039 §1, 1983; Ord. 81-043 §1, Exhibit A, §1.010, 1981) *** 31Page June 28, 2017 CHAPTER 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE. *** 17.08.030. Definitions Generally. *** "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend, Comprehensive Plan map. *** (Ord. 2017-00x,Sx, 2017: Ord. 2012-008 §1, 2012; Ord. 2008-030 §2, 2008; Ord. 97-005 §1, 1997; Ord. 96-003 §10, 1996; Ord. 95-065 § 1, 1995; Ord. 93-012 §§ 2-7, 1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord. 88-015 § 1, 1988; Ord.86-015 §2, 1986; Ord. 83-039 §2, 1983; Ord. 81-043 §1, Exhibit A, §1.040, 1981) *** REPEAL e_ . ___. _ ., ere .. _ TITLE 17 A No: -NSA -340 *** TITLE 19 BEND URBAN AREA ZONING ORDINANCE *** CHAPTER 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS. 41 Page June 28, 2017 19.04.010. Title. 19.04.020. Compliance with Title Provisions. 19.04.030. Applicability. 19.04.040. Definitions 19.04.010. Title. DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon and of the land withdrawn from the City of Bend by the County by City Resolution 2459. (Ord. 2017-OOx &x. 2017: Ord. 90-038 §1, 1990) *** 19.04.030. Applicability. DCC Title 19 applies to the Bend Urban Area and to the land withdrawn from the City of Bend by the County by City Resolution 2459. DCC Title 19A applies to lands inside the UA District. (Ord. 2017-OOx &x. 20171 19.04.040. Definitions. *** "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 *** "Urban Growth Boundary (UGBI" means the urban arowth boundary as adopted by the City and County and acknowledaed by the State. as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. 51 Page June 28, 2017 "Urbanizable Area (UA) District" means the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. *** (Ord. 2017-00x &x, 2017; Ord. 2016-016 §1, 2016; Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1D, 1996; Ord. 95-045 §15, 1995; Ord. 94 027 §§1 & 2, 1994; Ord. 92-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980) *** TITLE 19A CITY OF BEND -ZONING -ORDINANCE URBANIZALBE AREA (UA) DISTRICT 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 larae areas of undeveloped or rural land for future urban development prior to annexation. The UA District promotes the livability. stability, 6'Page June 28, 2017 safety and improvement of the City of Bend by allowing orderly development consistent with the Bend Comprehensive Plan. B. Applicability The provisions of the UA District apply to all land inside the Urban Growth Boundary but outside the city limits. except for the land withdrawn from the City of Bend by the County by City Resolution 2459. The City of Bend is responsible for administering Title 19A usina the Bend Development Code (BDC). The UA District will automatically be removed upon annexation to the City. and the zoning that implements the Bend Comprehensive Plan desianation for the property will apply. C. Area and Master Plannina. The City has the authority to process Area Plans under BDC Chapter 4.1. Development Review and Procedures and BDC Chapter 4.6. Land Use District Map and Text Amendments (Type IV process) and Master Plans under BDC Chapter 4.5. Master Planning and Alternative Developments and BDC Chapter 4.6. Land Use District Map and Text Amendments (Type III process) in the UA District prior to annexation. However. development of the property with the uses authorized by the Area or Master Plan may only occur after annexation. D. Definitions. The followina definitions apply to DCC Title 19A in addition to the definitions in the BDC. 1. "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State. as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. 2. "Urbanizable Area (UA) District" means the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits. except for the land withdrawn from the City of Bend by the County by City Resolution 2459. 19A.01.020. Permitted and Conditional Uses. A. Permitted Uses. The land uses listed in Table 19A.01.020 are permitted in the UA District when allowed in the zoning district that implements the underlying Bend Comprehensive Plan designation. except as otherwise specified in this section. 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. 71 Page June 28, 2017 B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the, procedures in BDC 4.1.1400, Declaratory Rulina oras part of a development application. Table 19A.01.020 — Permitted Land Uses Land Use Residential Single-family detached dwelling, *Accessory dwellina 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/Tvpe II) *Public and Institutional *Utilities (above around) *Miscellaneous Uses Bed and breakfast inn ** Farm use Farm stand ** Agricultural buildina or equine facility **Forest use in compliance with an approved Forest Manaaement UA District P P P P P P P/C C C P P Plan See DCC 19A.01.040(D) *Plant nursery C *Small hydroelectric facility P Wireless and broadcast communication facilities See BDC Chapter 3.7 81 Page June 28, 2017 Land Use UA District **Expansion. alteration or replacement of a lawfully permitted buildina P/C and use as of Month. Date. 2017(INSERT DATE] See DDC 19A.01.030.(C) *Temporary Uses See BDC Chapter 3.6.400 (*)(**)Accessory uses and structures for uses in DCC Table 19A.01.020 and (*)(**) accessory uses and structures for existing lawfully permitted buildinas and uses as of Month. Date. 2017 ,INSERT DATE) Kev to Permitted Uses P = Permitted. subiect to BDC Chapter 4.1. Development Review and Procedures P 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. ** Use is permitted reaardless of the underlvina zonina district that implements the Bend 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. Standard Minimum Lot Size 91Page June 28, 2017 Table 19A.01.030 — Lot Area and Dimensions UA District 20 acres Maximum Lot Coverage 15% on lots 1 acre or laraer 35% for lots less than 1 acre Minimum Front Setback 20 feet Minimum Side Setback 10 feet Minimum Rear Setback 20 feet Maximum Building Height Maximum heiaht permitted in the zonina district that implements the underlvina Bend Comprehensive Plan designation 19A.01.040. Additional Provisions. A. Detached single-family dwellings. accessory buildings and accessory dwellina 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. B. Frontage improvements must be built to City Standards and Specifications when required under BDC Chapter 4.2, Minimum Development Standards (MDS) Review, Site Plan Review and Design Review. C. An expansion or enlargement of 50 percent or less of a lawfully permitted building and/or use as of Month, Date. 2017 (INSERT DATE) 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. D. Sianificant Tree Standards. 1. The following significant tree standards are applicable to properties without an approved City of Bend development application, including single-family residential lots or parcels greater than one acre in size: a. All deciduous trees measuring six inches or greater and coniferous trees measuring 10 inches or Greater as measured four feet above the ground (known as DBH, "diameter at breast height") must be retained on site unless exempted in 19A.01.040(D)(3). b. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials are prohibited within the significant trees area, except as approved in writing by the City 101 Page June 28, 2017 for installation of utilities or streets. Such approval shall only be aranted after the City concludes in writina that there is no other reasonable alternative to avoid the protected area, and anv required mitiaation is provided in conformance with BDC 1.3.300(C), Mitigation for the Removal of Vegetation. The written approval shall include the specific facts that support the conclusion. 2. Properties with an approved City of Bend development application are not subiect to the standards of subsection (D)(1) of this section: however. trees shall be preserved as specified in the development approval and in compliance with BDC 3.2.200. Landscape Conservation. 3. Exemptions. The mitiaation standards in BDC 1.3.300(C' do not apply in the following situations: a. Dead. Diseased. and/or Hazardous Trees. Significant trees that are dead or diseased, or pose a hazard to personal safety. property or the health of other trees. may be removed if the Planning Director approves a report and recommendation from a certified arborist or other qualified Professional. Prior to tree removal. the applicant must provide a report from a certified arborist or other aualified professional to determine whether the subiect tree is diseased or poses a hazard, and anv possible treatment to avoid removal. except as provided by subsection (3)(b) of this section. b. Emeraencies. Sianificant trees may be removed in the event of an emeraencv without development approval pursuant to BDC Title 4. when the trees pose an immediate threat to life or safety, as determined by the Planning Director or designee based on a certified arborist's report submitted to the City. E. Prior to tentative approval of anv 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 binding 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 UA District. G. Sian District 5 in BC Chapter 9.50. Signs applies to all properties in the UA District until they are annexed into the City of Bend. H. Deschutes County is considered an affected party and will be notified of all auasi-iudicial and legislative development applications. 11 P a g e June 28, 2017 Urbanizable Area - Areas Proposed for Zone Change Bend City Limits 17 Urban Growth Boundary Area Proposed for Rezone to UA Bend i p D eschutes River Woods Map prepared 5/24/2017 by City of Bend Community Development Data sources: Deschutes County and City of Bend GIS. Esri, HERE, DeLorme, Mapmylndia, © OpenStreetMap contributors, and the GIS user community TES June 21, 2017 Board of County Commissioners P.O. Box 6005 • Bend, OR 97708-6005 1300 NW Wall St, Suite 206 • Bend, OR 97703-1960 (541) 388-6570 • Fax (541) 385-3202 www.deschutes.org board@deschutes.org Tammy Baney Anthony DeBone Phil Henderson Office of the Secretary, USDA Attn: Secretary's National Wildlife Services Advisory Committee We are pleased to nominate Joe Stutler, Deschutes County Senior Advisor, to serve on the National Wildlife Services Advisory Committee. After reviewing the charter of the advisory committee, we believe that Mr. Stutler can represent local government's interest based on his many years of natural resources experience. Mr. Stutler's nomination package is attached for consideration and we appreciate the opportunity to nominate a local government candidate to the Advisory Committee. Sincerely, DESCHUTES COUNTY BOARD OF COMMISSIONERS Tammy Baney, Chair Anthony DeBone, Vice -Chair Philip G. Henderson, Commissioner Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner Nomination of Joe Stutter To Serve on National Wildlife Services Advisory Committee Joe Stutter, currently the Senior Advisor for Deschutes County addressing emergency services and natural resource issues. He is the current co-chair for the Western Regional Strategy Committee for the National Cohesive Wildland Fire Strategy and member of the Wildland Fire Policy Committee for International Association of Fire Chiefs. He is an active member of numerous wildlife conservation associations. Background Joe Stutter has enjoyed a 49 -year career serving with the federal government, private sector and local government in a wide variety of emergency response and natural resources positions. Prior to his current job as Senior Advisor, Stutter served as the County Forester for Deschutes County in Oregon. Prior to working with local government, Stutter had a diverse career with the Forest Service and Bureau of Land Management serving in many locations across the western United States. Stutter has served as a Forest and District Fire Chief, District Ranger, Forest Natural Resource Staff Officer and Regional Fire Operations Specialist. Additionally, Stutter has served in practically every capacity on National Incident Management Teams and currently serves on Type 1 IMTs and leads an Area Command Team for both wildland and all hazard response. Stutter currently serves on the International Fire Chief's Wildland Fire Policy Committee, has served on two major revisions of the Federal Wildland Fire Policy and has written numerous textbooks and manuals on the subject of wildland fire and preparedness. Stutter holds an A.S degree in Forestry from Bakersfield Jr. College, a B.S in Forestry and Natural Resources from Cal Poly, San Luis Obispo, CA; graduate of Federal Law Enforcement Training Academy; graduate of Interaction Associates, Master Facilitator training, and numerous leadership courses. Stutter is certified instructor with the National Wildfire Coordination Group (NWCG) and Emergency Management Institute (EMI) for all wildland fire and emergency response courses. Stutter is an active member of numerous conservation organizations including the Rocky Mtn. Elk Foundation (Life Member), Oregon Wildlife Federation, Ducks Unlimited, National Wild Turkey Federation, and Trout Unlimited. In addition to being active in all outdoor activities, during his career in natural resources with federal and local government agencies, has served on many wildlife taskforces to resolve issues or conflicts. Examples include Peregrine Falcon and California Condor recovery efforts, Spotted Owl and Sage Grouse habitat, and anadromous fisheries. U, --SDA United States Department of Agriculture Animal and Plant Health Inspection Service National Wildlife Services Advisory Committee CHARTER 1. Committee's Official Designation National Wildlife Services (WS) Advisory Committee (Committee) 2. Authority The APHIS WS program operates under the U.S. Code: Title 7 Agriculture Act of March 2, 1931, (7 U.S.C. 426 — 426b) as amended, and the Act of December 22, 1987 (7 USC 426c). 3. Objectives and Scope of Activities The purpose of the Committee is to advise the Secretary of Agriculture on policies and program issues necessary to manage damage caused by depredating wildlife to protect America's agricultural, industrial, and natural resources and to safeguard public health and safety. The Committee is being established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 4. Description of Duties The reestablishment of this Committee is in the public interest in connection with the duties and responsibilities assigned to the U.S. Department of Agriculture (USDA) by Public Law No. 99-190. The duties of the Committee involve advising the Secretary on: (a) overall policy and guidance for the operation of the WS program; (b) resources to accomplish the WS mission; (c) impacts of depredating wildlife; (d) public health and safety problems created by birds and other wildlife; and (e) research activities and priorities to address wildlife damage management needs. 5. Agency or Official to Whom the Committee Reports The Committee will report to the Secretary of Agriculture through the Under Secretary, Marketing and Regulatory Programs. 1 6. Support The Animal and Plant Health Inspection Service (APHIS) WS' Operational Support Staff Office will provide the necessary support for the Committee. 7. Estimated Annual Operating Costs and Staff Years The estimated annual operating cost is estimated at $43,600. This cost includes the FTE staff years devoted to the administration of this committee at .03. 8. Designated Federal Officer The Deputy Administrator for APHIS WS will serve as the Designated Federal Officer (DFO) and will provide the necessary staff support for the Committee. The DFO will approve or call all of the advisory committee's and subcommittees' meetings, prepare and approve all meeting agendas, attend all committee and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the official to whom the advisory committee reports. w. 9. Estimated Number and Frequency of Meetings The Committee will meet approximately once a year or at the call of the Secretary of Agriculture, as deem necessary. 10. Duration Continuing. 11. Termination Termination shall occur two years from the filing date if the charter is not renewed. 12. Membership and Designation 12a. This Committee will be fairly balanced in its membership in terms of the points of view represented and the functions to be performed. Steps will be taken to encourage fresh points of view, such as establishing staggered membership terms and limiting the number of renewed memberships. 12b. Membership will be composed of twenty (20) persons representing a broad spectrum of agricultural, environmental, conservation, academic, animal welfare, and related interests. Equal opportunity practices, in line with USDA policies, will be followed in appointing representative members to the Committee. 2 12c. Of these members, one will become the chairperson who is recognized for his or her ability to lead a group in a fair and focused manner and who has been briefed on the mission of this Committee. A co -chairperson may be assigned, especially to facilitate his or her transition to become the chairperson in the future. 12d. Ethics Statement To maintain the highest levels of honesty, integrity and ethical conduct, no Committee or subcommittee member shall participate in any "specific party matters" (i.e., matters are narrowly focused and typically involve specific transactions between identified parties) such as a lease, license, permit, contract, claim, grant, agreement, or related litigation with the Department in which the member has a direct or indirect financial interest. This includes the requirement for Committee or Subcommittee members to immediately disclose to the DFO (for discussion with USDA's Office of Ethics) any specific party matter in which the member's immediate family, relatives, business partners or employer would be directly seeking to financially benefit from the Committee's recommendations. All members will receive ethics training to identify and avoid any actions that would cause the public to question the integrity of the Committee's advice and recommendations. Members who are appointed as "Representatives" are not subject to Federal ethics laws because such appointment allows them to represent the point(s) of view of a particular group, business sector or segment of the public. Members appointed as "Special Government Employees" (SGEs) are considered intermittent Federal employees and are subject to Federal ethics laws. SGE's are appointed due to their personal knowledge, academic scholarship, background or expertise. No SGE may participate in any activity in which the member has a prohibited financial interest. Appointees who are SGEs are required to complete and submit a Confidential Financial Disclosure Report (OGE-450 form) and, upon request, USDA will assist SGEs in preparing these financial reports. To ensure the highest level of compliance with applicable ethical standards USDA will provide ethics training to SGEs on an annual basis. The provisions of these paragraphs are not meant to exhaustively cover all Federal ethics laws and do not affect any other statutory or regulatory obligations to which advisory committee members are subject. 12e. Equal Opportunity Statement Equal opportunity practices, in line with USDA policies, will be followed in all membership appointments to the committee. To ensure that the recommendations of the committee have taken into account the needs of the diverse groups served by the Department, membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. 3 USDA prohibits discrimination on the bases of race, color. religion, sex, age, national origin, marital status, sexual orientation. gender identity, familial status. disability, limited English proficiency, or because all or a part of an individual's income is derived from a public assistance program. In programs that receive Federal financial assistance from USDA, discrimination is prohibited on the bases of race. color, religious creed, sex, political beliefs, age, disability, national origin, or limited English proficiency. (Not all bases apply to all programs.) Reprisal is prohibited based on prior civil rights activity. 13. Subcommittees The Committee, in consultation with the DFO, may request APHIS to create Committee may request establishment and use subcommittees which are created by the Agency or DFOsubcommittees.- Subcommittees s -will report back to the rent Gcominittee, and will not must not provide advice or work products directly to the Department or Agency or Secretary. 14. Recordkeeping The records of this Committee, formally and informally established subcommittees, or other subgroups of the committee, shall be handled in accordance with General Records Schedule 26, Item 2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552. 15. Filing Date 4 National Wildlife Services Advisory Committee (NWSAC) General Information (May 2017) The National Wildlife Services Advisory Committee (NWSAC) enables diverse stakeholders interested in the Wildlife Services (WS) program to provide guidance to the program and Department. The Committee serves as a public forum enabling those affected by the WS program to have a voice in the program's policies. • As a commitment to transparency and accountability, in 1986 USDA's Wildlife Services established the National Wildlife Services Advisory Committee, which advises the program and the Secretary of Agriculture concerning policies, program issues, and research needed to conduct the WS program within the U.S. Department of Agriculture's Animal and Plant Health Inspection Service. • Annual meetings of the NWSAC allow the public an opportunity to participate and provide input to the Secretary of Agriculture on overall policy and guidance for the operation of the WS program, resources to accomplish the WS mission, impacts of depredating wildlife, public health and safety problems created by birds and other wildlife, and research activities and priorities to address wildlife damage management needs. • By re -chartering the NWSAC, USDA recognizes the valuable public forum it has provided for more than 25 years, enabling those affected by the WS program to have a voice in its policies. • The National Wildlife Services Advisory Committee is comprised of 20 individuals from a broad spectrum of agricultural, environmental, conservation, academic, animal welfare, and related interest groups. o Committee members are chosen to represent the diverse interests in the WS program and the multitude of industries served. o Selected members have represented academia, airport safety, animal welfare, farmers and livestock producers, private pest control, state wildlife agencies, Tribal nations and the veterinary field. • Committee members are appointed for a 2 -year term. • Committee members can serve up to three consecutive two-year terms. • Travel and per diem expenses are covered for Committee members. • Meeting minutes are posted on the website. (During a three-year period the NWSAC was not active.) More information and minutes of past meetings are available at: https://www.aphis.usda.gov/aphis/ourfocus/wildlifedamage/programs/ct nwsac Information on nominations in 2017 is available here or in the Federal Register of May 1, 2017 at https://www.federaIregister.gov/documents/2017/05/01/2017-08733/national-wildlife-se rvices- advisorv-committee-notice-of-solicitation-for-membership Deschutes County BOCC Work Session June 21, 2017 Subject: USDA National Wildlife Services Advisory Committee Discussion Points: • USDA is currently seeking a diverse membership for the National Wildlife Services Advisory Committee from across the United States; Oregon has only one member who is leaving the Advisory Committee. • Purpose of the Committee is to advise the Secretary of Agriculture on policies and program issues necessary to manage damage caused by depredating wildlife to protect America's agriculture, industrial and natural resources and to safeguard public health and safety. • Committee meets once per year, all travel cost covered by USDA. • Opportunities: o A representative on Committee from Oregon. o A representative from local government and creating a two-way partnership to illustrate appropriate wildlife issues (pertinent to counties) with USDA. o Creates another opportunity to deal directly with federal agencies and other stakeholders on natural resource issues, may have direct or vicarious implications with the National Wildland Fire Cohesive Strategy. o May create grant funding avenues. o With critical sage grouse habitat in Eastern OR, addressing landscape resiliency that may mitigate listing of the species, is likely to be beneficial to counties in Oregon. o Wolf populations are growing in Oregon, addressing those issues at federal, state and local jurisdictions is likely beneficial to counties in Oregon. o Provides advanced information to counties in Oregon for emerging issues. • Decisions by Deschutes County BOCC: o Support/not support nomination. DESCHUTES COUNTY LOGO/LETTERHEAD To: Office of the Secretary, USDA Attn: Secretary's National Wildlife Services Advisory Committee From: Deschutes County Commissioners We are pleased to nominate Joe Stutler, Deschutes County Senior Advisor, to serve on the National Wildlife Services Advisory Committee. After reviewing the charter of this advisory committee, we believe that Mr. Stutler can represent local government's interest based on his many years of natural resources experience, and provide a two-way partnership between local government and USDA. Mr. Stutler's nomination package is attached for consideration and we appreciate the opportunity to nominate a local government candidate to the Advisory Committee. Sincerely, Deschutes County Commissioners Nomination of Joe Stutter To Serve on National Wildlife Services Advisory Committee Joe Stutler is currently the Senior Advisor for Deschutes County, addressing emergency services and natural resource issues. He is the current co-chair for the Western Regional Strategy Committee for the National Cohesive Wildland Fire Strategy and member of the Wildland Fire Policy Committee for International Association of Fire Chiefs. He is an active member of numerous wildlife conservation associations and his participation with the Advisory Committee would serve as an excellent two-way partnership between local government and USDA. Background Joe Stutter has enjoyed a 49 -year career serving with the federal government, private sector and local government in a wide variety of emergency response and natural resources positions. Prior to his current position as Senior Advisor, Stutter served as the County Forester for Deschutes County in Oregon. Prior to working with local government, Stutter had a diverse career with the Forest Service and Bureau of Land Management serving in many locations across the western United States. Stutter has served as a Forest and District Fire Chief, District Ranger, Forest Natural Resource Staff Officer and Regional Fire Operations Specialist. Additionally, Stutter has served in practically every capacity on National Incident Management Teams and currently serves on Type 1 IMTs and leads an Area Command Team for both wildland and all hazard response. Stutter currently serves on the International Fire Chief's Wildland Fire Policy Committee, has served on two major revisions of the Federal Wildland Fire Policy and has written numerous textbooks and manuals on the subject of wildland fire and preparedness. Stutter holds an A.S degree in Forestry from Bakersfield Jr. College, a B.S in Forestry and Natural Resources from Cal Poly, San Luis Obispo, CA; graduate of Federal Law Enforcement Training Academy; graduate of Interaction Associates, Master Facilitator training, and nun;ec ous leadership courses. Stutter is certified instructor with the National Wildfire Coordination Group (NWCG) and Emergency Management Institute (EMI) for all wildland fire and emergency response courses. Stutter is an active member of numerous conservation organizations including the Rocky Mtn. Elk Foundation (Life Member), Oregon Wildlife Federation, Ducks Unlimited, National Wild Turkey Federation, and Trout Unlimited. In addition to being active in all outdoor activities, during his career in natural resources with federal and local government agencies, has served on many wildlife taskforces to resolve issues or conflicts. Examples include Peregrine Falcon and California Condor recovery efforts, Spotted Owl and Sage Grouse habitat, and anadromous fisheries. USDA United States Department of Agriculture Animal and Plant Health Inspection Service National Wildlife Services Advisory Committee CHARTER Committee's Official Designation National Wildlife Services (WS) Advisory Committee (Committee) 2. Authority The APHIS WS program operates under the U.S. Code: Title 7 Agriculture Act of March 2, 1931, (7 U.S.C. 426 — 426b) as amended, and the Act of December 22, 1987 (7 USC 426c). 3. Objectives and Scope of Activities The purpose of the Committee is to advise the Secretary of Agriculture on policies and program issues necessary to manage damage caused by depredating wildlife to protect America's agricultural, industrial, and natural resources and to safeguard public health and safety. The Committee is being established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 4. Description of Duties The reestablishment of this Committee is in the public interest in connection with the duties and responsibilities assigned to the U.S. Department of Agriculture (USDA) by Public Law No. 99-190. The duties of the Committee involve advising the Secretary on: (a) overall policy and guidance for the operation of the WS program; (h) resources to accomplish the WS mission; (c) impacts of depredating wildlife; (d) public health and safety problems created by birds and other wildlife; and (e) research activities and priorities to address wildlife damage management needs. 5. Agency or Official to Whom the Committee Reports The Committee will report to the Secretary of Agriculture through the Under Secretary, Marketing and Regulatory Programs. 1 6. Support The Animal and Plant Health Inspection Service (APHIS) WS' Operational Support Staff Office will provide the necessary support for the Committee. 7. Estimated Annual Operating Costs and Staff Years The estimated annual operating cost is estimated at $43,600. This cost includes the FTE staff years devoted to the administration of this committee at .03. 8. Designated Federal Officer The Deputy Administrator for APHIS WS will serve as the Designated Federal Officer (DFO) and will provide the necessary staff support for the Committee. The DFO will approve or call all of the advisory committee's and subcommittees' meetings, prepare and approve all meeting agendas, attend all committee and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the official to whom the advisory committee reports. 9. Estimated Number and Frequency of Meetings The Committee will meet approximately once a year or at the call of the Secretary of Agriculture, as deem necessary. 10. Duration Continuing. 11. Termination Termination shall occur two years from the filing date if the charter is not renewed. 12. Membership and Designation 12a. This Committee will be fairly balanced in its membership in terms of the points of view represented and the functions to be performed. Steps will be taken to encourage fresh points of view, such as establishing staggered membership terms and limiting the number of renewed memberships. 12b. Membership will be composed of twenty (20) persons representing a broad spectrum of agricultural, environmental, conservation, academic, animal welfare, and related interests. Equal opportunity practices, in line with USDA policies, will be followed in appointing representative members to the Committee. 2 12c. Of these members, one will become the chairperson who is recognized for his or her ability to lead a group in a fair and focused manner and who has been briefed on the mission of this Committee. A co -chairperson may be assigned, especially to facilitate his or her transition to become the chairperson in the future. 12d. Ethics Statement To maintain the highest levels of honesty, integrity and ethical conduct, no Committee or subcommittee member shall participate in any "specific party matters" (i.e., matters are narrowly focused and typically involve specific transactions between identified parties) such as a lease, license, permit, contract, claim, grant, agreement, or related litigation with the Department in which the member has a direct or indirect financial interest. This includes the requirement for Committee or Subcommittee members to immediately disclose to the DFO (for discussion with USDA's Office of Ethics) any specific party matter in which the member's immediate family, relatives, business partners or employer would be directly seeking to financially benefit from the Committee's recommendations. All members will receive ethics training to identify and avoid any actions that would cause the public to question the integrity of the Committee's advice and recommendations. Members who are appointed as "Representatives" are not subject to Federal ethics laws because such appointment allows them to represent the point(s) of view of a particular group, business sector or segment of the public. Members appointed as "Special Government Employees" (SGEs) are considered intermittent Federal employees and are subject to Federal ethics laws. SGE's are appointed due to their personal knowledge, academic scholarship, background or expertise. No SGE may participate in any activity in which the member has a prohibited financial interest. Appointees who are SGEs are required to complete and submit a Confidential Financial Disclosure Report (OGE-450 form) and, upon request, USDA will assist SGEs in preparing these financial reports. To ensure the highest level of compliance with applicable ethical standards USDA will provide ethics training to SGEs on an annual basis. l he provisions of these paragraphs are not meant to exhaustively cover all Federal ethics laws and do not affect any other statutory or regulatory obligations to which advisory committee members are subject. 12e. Equal Opportunity Statement Equal opportunity practices, in line with USDA policies, will be followed in all membership appointments to the committee. To ensure that the recommendations of the committee have taken into account the needs of the diverse groups served by the Department, membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. 3 USDA prohibits discrimination on the bases of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, familial status, disability, limited English proficiency, or because all or a part of an individual's income is derived from a public assistance program. In programs that receive Federal financial assistance from USDA, discrimination is prohibited on the bases of race, color, religious creed, sex, political beliefs, age, disability, national origin, or limited English proficiency. (Not all bases apply to all programs.) Reprisal is prohibited based on prior civil rights activity. 13. Subcommittees The Committee, in consultation with the DFO, may request APHIS to create subcommittees. Subcommittees will report back to the parent committee, and must not provide advice or work products directly to the Agency or Secretary. 14. Recordkeeping The records of this Committee, formally and informally established subcommittees, or other subgroups of the committee, shall be handled in accordance with General Records Schedule 26, Item 2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552. 15. Filing Date 4 National Wildlife Services Advisory Committee (NWSAC) General Information (May 2017) The National Wildlife Services Advisory Committee (NWSAC) enables diverse stakeholders interested in the Wildlife Services (WS) program to provide guidance to the program and Department. The Committee serves as a public forum enabling those affected by the WS program to have a voice in the program's policies. • As a commitment to transparency and accountability, in 1986 USDA's Wildlife Services established the National Wildlife Services Advisory Committee, which advises the program and the Secretary of Agriculture concerning policies, program issues, and research needed to conduct the WS program within the U.S. Department of Agriculture's Animal and Plant Health Inspection Service. • Annual meetings of the NWSAC allow the public an opportunity to participate and provide input to the Secretary of Agriculture on overall policy and guidance for the operation of the WS program, resources to accomplish the WS mission, impacts of depredating wildlife, public health and safety problems created by birds and other wildlife, and research activities and priorities to address wildlife damage management needs. • By re -chartering the NWSAC, USDA recognizes the valuable public forum it has provided for more than 25 years, enabling those affected by the WS program to have a voice in its policies. • The National Wildlife Services Advisory Committee is comprised of 20 individuals from a broad spectrum of agricultural, environmental, conservation, academic, animal welfare, and related interest groups. o Committee members are chosen to represent the diverse interests in the WS program and the multitude of industries served. o Selected members have represented academia, airport safety, animal welfare, farmers and livestock producers, private pest control, state wildlife agencies, Tribal nations and the veterinary field. • Committee members are appointed for a 2 -year term. • Committee members can serve up to three consecutive two-year terms. • Travel and per diem expenses are covered for Committee members. • Meeting minutes are posted on the website. (During a three-year period the NWSAC was not active.) More information and minutes of past meetings are available at: https://www.aphis.usda.gov/aphis/ourfocus/wildlifedamage/urograms/ct nwsac Information on nominations in 2017 is available here or in the Federal Register of May 1, 2017 at https://www.federalregister.gov/documents/2017/05/01/2017-08733/national-wildlife-services- advisorv-committee-notice-of-solicitation-for-membership Feb. 18. 2015 3:27PM No. 0150 P. 2/5 National Wildlife Services Advisory Committee - 2015 Scott Bender Navajo Nation Occupation: Tribal Veterinarian —Navajo Nation Dept. of Agriculture P.O. Box "P.li Chink, AZ 86503 (928) 674-7001 Karen Elaine "Maggie" Brasted Humane Society of the United States 2100 L Street NW Washington, D.C. 20037 (866) 720-2676 Irma Cauley Farmer/Producer Occupation: Brazos County, TX Commissioner 200 South Texas Avenue — Suite 310 Bryan, TX 77801 (979) 361-4111 Joel Dennis Texas Sheep & Goat. Raiser's Assn. Occupation: Flying "D" Ranch Company, Ltd. 4633 N FM 669 Gail, TX 79738 Howard Dew Oregon Forest Industries Councrl 9. /f r' / �.� Deana Fritz Livestock Industry Occupation: Fritz Charolais PO Box 260 Chester, MT 59522 fritzcharolais a@vahoo.com Feb. 18. 2015 3:27PM No. 0150 P. 3/5 T7v Cp mt N�+l �Z 7"x Yteginal Merman Z" National Sunflower Assn. Occupation: Herman Seeds 5475 62ad Avenue NE Minnewaukan, ND 58351 (701) 466-2396 Burden Johnson American Sheep Industry Occupation: President, American Wool Trust 2862 12th Street SE Tuttle, ND 58488-9426 dileb@bektel.com (701) 867-2875 James LaCour Louisiana Department of Wildlife & Fisheries Occupation: Executive Director 2000 Quail Drive Baton Rouge, LA 70898 (225) 765-2800 Joseph Lanham National Wildlife Control Operators Assn. Andrea Lococo (Reed) Animal Welfare Institute Occupation: Lecturer — University of Louisville 422 Stevenson Hall Brent Miller Congressional Sportsmen's Foundation Occupation: Northeastern States Director 303 Pennsylvania Avenue SE Washington, DC 200031148 brent@a,suortsmenlink.org (202) 543-6850 x 13 Feb. 18. 2015 3:27PM No. 0150 P. 4/5 Allen Olsen Livestock/Sheep Producer Occupation: Utah Wool Growers Assn. 1250 North 1700 East Logan, UT 84341 Ronald "Ron" Regan Association of Fish & Wildlife Agencies Occupation: Executive Director 444 North Capitol Street, NW Suite 725 Washington, DC 20001 wvww.fishwildlife.org (202) 624-7890 Stephen Schmitt American Association of Wildlife Veterinarians Occupation: Michigan Department of Natural Resources and Assoc. of Fish & Wildlife Agencies 530 West Allegan Street Lansing, MI 48909 www.michigan.gov/dnr (517) 373-1275 Scott Steckel National Pest Management Assn. Occupation: Varment Guard Environmental Services, Inc. 5220 Westerville Road PO Box 297797 Columbus, OH 73229 (614) 259-5040 Daniel Sullivan US Air Force BASH Team Kirtland Air Force Base Albuquerque, NM 87117 Feb. 18. 2015 3:27PM No. 0150 P. 5/5 Kenneth Wilson Colorado State University Occupation: Dept. Head of Fish, Wildlife, and Conservation Biology 136 Wager —1474 Campus Delivery Ft. Collins, CO 80523-1474 Kenneth. W ilsonn,Colo State. EDU (970) 491-5020 - Mark Zaunbrecher LA Rice Growers/Cameron Rice Growers Assn. Occupation: Sweet Lake Land & Oil Company 350 Chalkley Road, Bell City, LA 70630-5231 Mzaunee.Sweetlake.com (337) 598-2376 96FMENI Date: June 21, 2017 Subject: Central OR Cohesive Strategy Initiative Coordinator Discussion Points: • Currently have in place: o Staffing paper on "Values to be Protected." o Cost distribution analysis based on values. o Draft MOU between Deschutes County and four adjacent counties. o Draft personal services contract, job description and estimated budget for coordinator. • Federal agencies (Deschutes and Ochoco National Forest & Prineville BLM) see great value in the coordinator position assisting those agencies with Cohesive Strategy implementation and are offering partial funding (+/-50%) for the foreseeable future. *Important to note that funding can be carried over and accrue saving and is a workload that is currently without staffing. • The other four counties (Crook, Jefferson, Klamath and Lake) have been included in the cost distribution analysis and have not been formally approached. • The Forest Supervisors suggest a transition period with remaining counties; advertise (contract) the position using Deschutes County and federal funding and allow the coordinator to build the relationships with respective counties/commissioners and stakeholders, and then make the request. • Commissioners from Deschutes County and existing relationships with adjacent commissioners would be key to this success. • Likely have i.vvo agreements (MOU s); one vvith adjacent counties and one with Deschutes National Forest for remaining funding for coordinator position. • Decisions by Deschutes County BOCC o Proceed with Deschutes County funding and federal contributions to advertise and fill coordinator position; seek additional funding support from adjacent counties at a later date. o Delay filling coordinator position until secure commitments from adjacent counties are received. CENTRAL, OREGO\ COHESIVE STRATEGY INHIIATIV The Value of Investment to Provide Public; Safety, Protection of Natural Resources and Maintain a Tourism -Based Economy April 20, 2017 Values to be protected Central Oregon's prosperity is directly tied to the character of its landscape and the ways the communities integrate it into every aspect of life. People are drawn to Central Oregon for its world- class scenery, outstanding recreation opportunities, and abundant wildlife — all within minutes of the urban centers. Survey after survey has found that the region's quality of life is a key driver that attracts the entrepreneurs and modern businesses that are helping to diversify the local economy.' The Deschutes River in Central Oregon provides numerous ecosystem services benefits to the region. A recent study analyzed the market and expressed values to six industries in the region: agriculture, tourism, recreation, hotels, real estate, and commercial salmon fishing. Using revealed preference methodologies to assess ecosystem services benefits to these industries, the study found the river provides a total economic value to the industries of $185.2 million annually, of which $134.7 million is direct revenue to the region, $28.0 million is revenue outside the region, and $22.5 million is the expressed value of products and services that residents receive for free in market value equivalent. The benefits of the river to these industries create 3,433 full time equivalent jobs for Central Oregon with an estimated value in wages of $73.0 million.2 Based on Oregon Blue Book estimates, the Real Market Value for Crook, Deschutes, Jefferson, Klamath and Lake Counties is in excess of $38 billion. The 2015 Oregon Travel Impacts study, the latest annual study commissioned by Travel Oregon, the state's tourism agency, showed that visitors to the state generated $10.8 billion last year, up $500 million, or 4.8%, from 2014. In Central Oregon, the growth was sharper still, as visitors spent $701 million in the region in 2015, an increase of more than 6% from 2014. Both the state and regional figures set records. Central Oregon is "leading the charge" for tourism growth in 2015. Tourism employed 8,900 people in the region, which included Crook, Deschutes and Jefferson counties. In Deschutes County alone, visitors spent $660.2 million and the Central Oregon's Playground Prepares for the Future: A Greenprint for Deschutes County 2 Value of Natural Resources: Deschutes River Corridor and Its Water 1 Oregon region generated $14.3 million in lodging tax revenues. Crook and Jefferson counties generated $41.8 million and $39.2 million in direct tourism spending in 2015.3 In the fall of 2015, DHM Research conducted a review of existing social and opinion research on behalf of the Deschutes River Conservancy. This review explores the values and beliefs of Central Oregon residences and is intended to inform future opinion research, planning and communications efforts.4 Key findings are: • Central Oregonians are positive about the future. They want to come together to address critical issues we face as a state, but they do not believe this is likely to happen in the next 10 years. • The environment is absolutely essential to Central Oregonians' sense of place. For many, it seems to be the foundation of what they love about the state, and also their communities. • Protecting a beloved natural environment is a top -tier public policy priority, and something for which many Central Oregon residents are willing to pay, make lifestyle changes, or reallocate funds, to maintain the natural environment. • Central Oregonians are divided when it comes to economic growth vs. environmental protection. • In general, Central Oregonians want less tax and fewer regulations. However, some public services resonate deeply with Central Oregonians' values and, depending on the specifics, elicit backing for sustained or increased taxation. Public Safety and Mitigation Each county in Central Oregon (Crook, Deschutes, Jefferson, Klamath and Lake) have All Hazard Disaster Mitigation Plans. Universally, the top two natural hazards are wildland fire and winter storms. By definition, natural hazard mitigation is a method of permanently reducing or alleviating the losses of lite, property, and injuries resulting from natural hazards through long and short-term strategies. Both winter storms and wildland fires provide a direct threat to public safety. When comparing the frequency of winter storms and wildland fires, clearly the frequency of wildland fires surpasses winter storms in exponential fashion. In the past decade, wildland fires in Central Oregon average 450 annually, burning in excess of 50,000 acres annually for all jurisdictions. Preparedness by the public and agencies offer some form of mitigation for both winter storms and wildland fire, but significantly more opportunities to mitigate loss of life, property and injuries exists by reducing risks and hazards from wildland fire. 3 2015 Oregon Travel Impacts Study a DHM Research review 2 The National Cohesive Wildland Fire Management Strategy The Federal Land Assistance, Management and Enhancement Act (FLAME) of 2009 directed the US Departments of Agriculture and Interior to develop a cohesive wildland fire management strategy to address the myriad of growing issues surrounding wildland fire (increasing losses to lives, communities, budgets and economies, habitat, forests/landscapes, and watersheds). A collaborative process that included a national scientific analysis, culminated in the National Cohesive Wildland Fire Manatement Strategv. The vision of the Cohesive Strategy is to safely and effectively extinguish fire when needed; use fire where allowable; manage our natural resources; and as a nation, to live with wildland fire. The Cohesive Wildland Fire Management Strategy (Cohesive Strategy) is a strategic push to work collaboratively among all stakeholders and across all landscapes, using best science, to make meaningful progress towards the three goals: Restore and maintain resilient landscapes: Landscapes across all jurisdictions are resilient to fire -related disturbances in accordance with management objectives. Create fire -adapted communities: Human populations and infrastructure can withstand a wildfire without loss of life and property. Safe & effective wildland fire response: All jurisdictions participate in making and implementing safe, effective, efficient, risk-based wildfire management decisions. The ultimate success of the Cohesive Strategy effort depends on how strategic direction and national priorities can be translated into the on -the -ground, local actions of agencies, organizations, governments, and individuals with meaningful, cumulative effects. To fully realize the vision of the Cohesive Strategy, stakeholders must understand and accept their risk, and be willing to collectively share that risk through prioritized investment. Stakeholders must also be willing to take on some short-term risk for the long-term gain of resilient landscapes, fire -adapted communities and a safe and effective wildland fire response. The Central Oregon Story In Central Oregon, fire and land managers, cities, counties, Tribes, non-governmental organizations and private citizens have a long and rich history of identifying shared goals and cooperating to accomplish shared outcomes. Here, a culture of strategic alignment, collaborative engagement and programmatic alignment has existed for decades and continues to build. The challenges of an isolated, geographic location, limited budgets and diverse interests helped steer stakeholders to work together under the concept that groups that cooperate and coordinate efforts can achieve far more than one agency or organization alone. When the Cohesive Strategy was framed in the West, it was quickly recognized as an evolution of collaborative strategies and behaviors that already exist and are enjoyed in Central Oregon. 3 With this positive foundation in place, stakeholders in Central Oregon have witnessed much success through current collaborative efforts: • Increased hazardous fuels and restoration treatments on public lands in the WUI through the Deschutes Collaborative Forest Project; • Establishment of a Fire Adapted Communities Learning Network Hub through Project Wildfire; • BLM is working with NRCS on creating resilient landscapes across jurisdictional lines; • Comprehensive Community Wildfire Protection Plans across Deschutes, Jefferson and Crook Counties; • Integrated wildland fire response including mutual aid and cooperating agency agreements; • Local agreements between federal land managers and private landowners to treat lands regardless of ownership; • Consistent engagement and support by local elected officials, County Emergency Management and law enforcement; • Central Oregon Joint Information System for emergency information; • Agreement between Upper Deschutes Coalition and Deschutes National Forest for treatment both on private and public lands to create resilient landscapes and maintain fire -adapted communities; • Natural Resources Conservation Service is working collaboratively with other federal and state agencies to create resilient landscapes on private, non -industrial forests near communities. • Private land owners with critical sage -grouse habitat have completed Candidate Conservation Agreements with Assurances (CCAAs) and are working with federal agencies to complete Candidate Conservation Agreements (CCAs) to protect greater sage grouse while maintaining viable economies and grazing operations. • Project Wildfire, through a collaborative steering committee, established by county ordinance, continues to facilitate and lead hazardous fuels treatments to create and maintain fire adapted communities, treating over 110,000 acres of private lands with the cooperation and participation of private landowners. Even with all these successful efforts, the risk of loss to lives, our natural resources, economies, habitat, and communities is still extreme and there is much work before us. This begs the question: Can stakeholders in Central Oregon continue to use this successful history 4 of coordination and collaboration to achieve greater restoration and reductions of risk on a landscape level, increase the community's understanding and acceptance of risk, and improve the safety and effectiveness of wildfire response, and successfully implement the Cohesive Strategy? The answer is YES. Central Oregon Cohesive Strategy Initiative The Cohesive Strategy provides a solid framework for making meaningful progress towards three goals — Restoring Resilient Landscapes, Fire Adapted Communities and Safe & Effective Wildfire Response. What is the method to achieve that progress? Collaboration... to manage vegetation and fuels; protect homes, communities, and other values at risk; manage human -caused ignitions; andn safely, effectively, and efficiently responding to wildfire. Stakeholders in Central Oregon now appreciate a solid platform from which to advance current collaborative philosophies and efforts and integrate them under one umbrella for increased success (the notion of "bigger, better, safer and faster") across jurisdictions. The collective ambition is to bring federal, state, Tribal and local agency stakeholders together with interested non-governmental organizations and private landowners across five counties — Deschutes, Jefferson, Klamath, Lake and Crook — to embark on a collaborative journey to identify shared values and goals, and implement prioritized actions to achieve them. These will achieve meaningful progress towards resilient landscapes, fire adapted communities and a safe and effective wildland fire response using the Cohesive Strategy as guidance to continue successful implementation. More than just successfully implementing the Cohesive Strategy, this coordinated, collaborative multi -county project aims for recognition as a "regional learning laboratory" for others to either replicate and/or utilize valuable lessons learned to create similar successful environments throughout the western United States. This level of integration, coordination and collaboration will require the following: • Share and implement the purpose of our efforts: o To collaboratively implement the Cohesive Strategy through an "all hands -all lands" approach across five counties, and o Provide the "regional learning laboratory" for success for the Pacific Northwest and other areas in the west; • Prioritized landscape treatments across jurisdictions; • Increased, collective investments for these projects; • Continue to identify and leverage resources among all stakeholders. 5 Next Steps: • Create a Steering Committee consisting of senior agency and local government leaders, private land stakeholders and non-governmental leaders. (Completed 10/2015 with ongoing stakeholder additions) • The Steering Committee with the support and contributions of all stakeholders will ensure strategic alignment, collaborative engagement and programmatic alignment as the Cohesive Strategy Initiative is implemented. • The Steering Committee will develop a coordinated approach to the three goals of the Cohesive Strategy. • Develop and implement a robust, inclusive communications strategy to strengthen internal and external support for the collaborative efforts of the Initiative. (Completed 4/2016) • Strengthen capacity to collect, analyze, interpret and integrate all types of data and information, including recognized data gaps, to inform decision-making. (Relying on scientific data and analyses, on the part of all stakeholders provides the best opportunity to restore and maintain landscapes, protect communities from wildfire, and effectively respond to wildfires when they occur. Using science and data analysis to support implementation planning and decision-making will continue). • Utilize performance measures and monitoring information to assess effectiveness and accountability. • Develop capacity and support training and utilization of support tools to better inform decision-making and trade-off analyses at all levels of fire and land management. • Document successes and determine common themes of successful projects. Maintain knowledge and information resources that are easily accessible to stakeholders. • Create incentives for all stakeholders to participate and embrace the principles of the Cohesive Strategy. • Continue to foster Cohesive Strategy behaviors to change behaviors and attitudes, and ultimately change cultures. • Continue to identify and engage all stakeholders. • Identify political education and leveraging opportunities. • Identify all current investments/programs/achievement and their value to truly understand values to be protected and measures of achievement. • Develop the concept of this Regional Learning Lab and how others might take advantage of the learning opportunities here. 6 The path forward Success in Central Oregon depends on the collective commitment by all stakeholders at all levels to take action toward meaningful reductions in risk in the short- and long-term. Looking ahead, this will require: • Prioritized investment and use of resources. Reducing risk significantly will require that existing resources, including budgetary resources, are used more efficiently. • Acceptance of increased short-term risk. Significantly reducing fuels across broad landscapes will require expanded use of wildland fire to achieve management objectives. Using fire as a tool carries inherent risks that must be considered in the short-term to achieve the longer-term benefits. • Achieve greater collective investment. Even with greater efficiency and acceptance of short-term risk, current levels of investment may be inadequate to achieve the levels of risk reduction desired. All who have a stake in the outcome, from individual property owners to the federal, state, Tribal, and local governments, must share the costs and level of effort necessary to redeem responsibilities for reducing risks posed by wildfire. For the Central Oregon Cohesive Strategy Initiative to realize its full potential, there is an immediate need for a full-time coordinator. A coordinator will be the essential point of contact for all stakeholders, implement the communications strategy, facilitate the implementation of the political leveraging strategy, identify new stakeholders and be the "voice" for Cohesive Strategy implementation. The cost for the coordinator will be approximately $150,000 per year, which includes salary and associated travel, and program costs. It is recommended this be a contracted position and the cost be shared by the five counties. There will be no greater investment in the "values to be protected" in Central Oregon than implementing the Cohesive Strategy, 7 wG `a Cost Distribution Analysis for the o Central Oregon Cohesive Strategy Initiative The Central Oregon Cohesive Strategy Initiative (COCSI) aims to provide public safety, protection of natural resources, and maintain a tourism based economy within Central Oregon including all or parts of Crook, Deschutes, Jefferson, Klamath and Lake Counties. It provides a framework for strategic collaboration using best science to restore resilient landscapes, expand our fire adapted communities, and enhance our safe and effective wildfire response. Success depends on the collective commitment and investment by the counties and stakeholders at all levels. It is recommended that this investment be shared by the five participating counties. The analysis described in this document endeavors to determine the fairest and most equitable approach at sharing this cost. Analysis 1: Comparison of Acres of Forest Canopy Cover Data Source: LANDFIRE https://www.landfire.gov LANDFIRE creates Landscape Fire and Resource Management Planning Tools. It is a shared program between the wildland fire management programs of the U.S. Department of Agriculture Forest Service and U.S. Department of the Interior. Data Used in Analysis: Fuels Database/2014 (LF_140) _Fuel_us_140 Forest Canopy Cover The Forest Canopy Cover (CC) layer describes the percent cover of the tree canopy in a stand. Canopy area data were extracted from the dataset. The delineated tree canopy areas within each county were compared with the total area within the COCSI boundary. Results: County Crook Deschutes Jefferson Klamath Lake Acres of Canopy Cover 465,048 906,202 379,024 342,866 128,254 2,221,394 Percentage of Total Acres 20.93% 40.79% 17.06% 15.43% 5.77% 100.00% Deschutes Jefferson Klamath Lake 1!Page Analysis 2: Comp rison of Prime Forest and F est Use Zones Data Source: Oregon Spatial Data Library (http://soatia|data.oregonex0|nrer.info/geouorta|/cata|og/nnain/hornaooAe) The Oregon Spatial Data Library is a joint effort between the Department of Administrative Services Geospatia Enterprise Office and Oregon State University that provides public access to reliable and up-to-date spatial data. Currently, hundreds of spatial datasets are accessible from the Oregon Spatial Data Library, including all of the statewide framework data available for Oregon. These datasets serve as base data for a variety of Geographic Information System (GIS) applications that support research, busiriess and public services. Data Used in Analysis: Oregon Zoning (Partial 9/24/2014) Analysis based on data designated as Prime Forest Zone (PF -80). Prime Forest Zone areas were extracted from the zoning data. The delineated areas within each county were compared with the total area within the COCSI boundary. Oregon Zone Code Definition: Prime Forest 80 (PF 80): Higher Productivity Forest Zones Note: Lake County is not in 2014 Statewide Zoning dataset. All of Lake County portion of project boundary is within Deschutes National Forest and zoned F-1 (Forest Use) by Lake County P/onn/ngDeportn,ent.A0LokeCoontyocesore/no/uded. Lake County Zone Code Definition: Forest Use Zone (F 1): The purpose of this zone 15 to provide for the orderly management and development of forest land for the sustained production offorest products. Results: Prime Forest County Zone Acres Percent ofTotal Crook 538,150 23.09% Deschutes 1,019,177 43.73% Jefferson 234,684 10.079& Klamath 410,284 17.60% Lake 1I8,254 5.50Y6 3,330,558 100.80Y& Deschutes Jefferson Klamath " Lake 2IPa8e Analysis 3: Comparison of Real Market Values of Taxable Properties Data Source: Crook, Deschutes, Jefferson, Klamath and Lake Counties Assessors' Offices Data Used in Analysis: 2016 County Assessment Rolls and Parcels The parcel and assessment data from each county was aggregated. The land and structure values (based on the 2016 information) were combined to determine the total Real Market Value for each parcel within the boundary. Values were compared with the total value within the COCSI boundary. Results: County Real Market Value Percent of Total Crook $3,276,106,470 8.04% Deschutes $33,970,918,681 83.42% Jefferson $2,812,449,913 6.91% Klamath $547,936,240 1.35% Lake $117,329,795 0.29% $40,724,741,099 100.00% Rigs Market V ue - Crook Deschutes Jefferson Klamath „ Lake 31Page Analysis 4: Comparison of Surface Water Rights Data Source: State of Oregon Water Resources Department https://www.oregon.gov/owrd/pages/wr/wris.asox The Oregon Water Resources Department is the state agency charged with administration of the laws governing surface and ground water resources. The Department's core functions are to protect existing water rights, facilitate voluntary streamflow restoration, increase the understanding of the demands on the state's water resources, provide accurate and accessible water resource data, and facilitate water supply solutions. Data Used in Analysis: Place of Use Summary Report, Water Right Information Search (WRIS) Primary Surface Water Rights Place of Use Database, calculated by number of water right acres per square mile section of land. Under Oregon law, all water is publicly owned. With some exceptions, cities, farmers, factory owners and other users must obtain a permit or water right from the Water Resources Department to use water from any source. The bulk of surface water rights are used for irrigation and livestock. Results: County Crook Deschutes Jefferson Klamath Lake Surface Water Acres 88425.92 59665.06 65847.8 1753.77 0 215692.55 Percent of Total 41.00% 27.66% 30.53% 0.81% 0.00% 100.00% S r fa e CV ate, Acres Crook Deschutes Jefferson Klamath n Lake 41 Page Analysis 5: Cparison of River Miles Data Source: Oregon Spatial Data Library (http://spatialdata.oregonexplorer.info/geoportal/catalog/main/home.page) The Oregon Spatial Data Library is a joint effort between the Department of Administrative Services Geospatial Enterprise Office and Oregon State University that provides public access to reliable and up-to-date spatial data. Currently, hundreds of spatial datasets are accessible from the Oregon Spatial Data Library, including all of the statewide framework data available for Oregon. These datasets serve as base data for a variety of Geographic Information System (GIS) applications that support research, business and public services. Data Used in Analysis: ORRivers.shp, the GIS element of the Oregon Rivers Database System. Statewide Rivers line features, extracted Deschutes, Little Deschutes and Crooked Rivers from data. Calculated GIS miles of flowing river within county boundaries. A recent study of the Deschutes River analyzed the market and expressed values to six industries in the region: agriculture, tourism, recreation, hotels, real estate, and commercial salmon fishing. The complete study can be viewed at the following link: http://waterwatch.orp/wn-content/uploads/2015/07/Value-of Natural-Resources- Deschutes-River-Cooridor-and-lts-Water-Final-Report-vFinal. pd fq. Results: C: unty Crook Deschutes Jefferson Klamath Lake River Miles Percent of Total 148 130 53 38 0 36 40% 35% 14% 10% 0% 100% ,_25CtlUit Jefferson Klamath Lake 5IPage Final Results The final results are based on the average of the five analyses. Total Percentages by County Forest County Canopy Cover % 20.93% 40.79% Crook Deschutes Jefferson Klamath Lake 17.06% 15.43% 5.77% 100.00% Final Cost Distribution: County Crook Deschutes Jefferson Klamath Lake Forest Zone % Total 23.09% 43.73% 10.07% 17.60% 5.50% 100,00% Real Market Value % Average % 8.04% 83.42% 6.91% 1.35% 0.29% 100.00% 133.23% 26.65% 230.81% 46.16% 78.87% 15.77% 45.53% 9.11% 11.56% 2.31% 500.00% 100.00% Surface Water Rights % 41.00% 27.66% 30.53% 0.81% 0.00% 100.00% Funding Distribution at $150K $39,969 $69,243 $23,661 $13,659 $3,469 $150,000 Deschutes Jefferson Klamath 7 Lake River Miles % 40% 35% 14% 10% 0% 100% Funding Distribution at $100K $26,646 $46,162 $15,774 $9,106 $2,312 $100,000 6IPage CLACKAMAS COUNTY Central Oregon Cohesive Strategy Initiative Analysis: Comparison of Acres of Forest Canopy Cover WASCO COUNTY 1 MORROW I COUNTY MARION COUNTY 8 u JEFFERSON COUNTY :i U' Okoot DESCHUTES COUNTY Geographic Information System Map Prepared by Deschutes County Information Technology Department 14 NW Kearney Avenue Bend, OR 97703.y, LAKE COUNTY CMProject Boundary TreeCanopyAcres I Oregon Counties Map Date: 4'7/20171 Esn, HERE, DeLorme. Mapmylndia'c! • penStreetMap contributors Dorvrnent Path NiCustomICuunty,ROCC',COCSI Final DaIn'rr ys1COCS1.CanopyCover Sropie mrn 7IPage CLACKAMAS COUNTY MARION COUNTY Central Oregon Cohesive Strategy Initiative Analysis: Comparison of Prime Forest Zone and Forest Use Acres WA SCO COUNTY' L JEFFERSON -: COUNTY MORROW .COUNTY DESCHUTES tourarr Geographic In formation System Map Prepared by Deschutes County Information Technology Department 14 NW Kearney Avenue Bend, 014 97703 I= Project Boundary L Oregon Counties Prime Forest (PF 80) Forest Use Lake Co. bate: 4/7/201F1 Esn, HERE, DeLonne. Maprnyindia ,f)2, nStrOthtap contributors Nononp.IN Path N !CusturnCNInty,BOCC‘COCSI Final DataAtAp,“COCSI,Foteglone Stmplen/ LAKE COUNTY 81Page CLACKAMAS COUN TY MARION COUNTY z Central Oregon Cohesive Strategy Initiative Analysis: Comparison of Real Market Values WA SCO COUNTY LwrotiRT-to'' T0 Geographic lorbrination System Map Prepared by Deschutes County Information Technology Department 14 NW Kearney Avenue Bend, OR 97703 EjProtect Boundary Oregon Counties Real Market Value Value High : $556,345,000 Low : 0 MORROW COUNTY r tARKEY COUNTY Date:4/-18/2017! Esri. HERE, DeLorrne, Maprriyindta •'.,OpenStteetMap contributors 9IPage CLACKAMAS COUNTY MARION COUNTY Central Oregon Cohesive Strategy Initiative Analysis: Comparison of Surface Water Rights Number Acres per Section of Land UK-LIAM COUNT Y WASCO COUNTY , MORROW COUNTY LAKE "8 127074 2108062) 7) I'J9aOt J4 100'.,):) Geographic lnfornwrior, System Map Prepared by Deschutes County Information Technology Department 14 NW Kearney Avenue Bend, OR 97703 4000'! 506000)-141200050 412 080001 512 480004 2424 ' 2150 4 ftl I � Date: 4/17!2017 Esrl. HERE. Delorme. Mapnwindle, r^i Opren Streetklap contributors 101 Page CLACKAMAS COUNTY MARION COUNTY Central Oregon Cohesive Strategy Initiative Analysis: Comparison of River Miles Deschutes, Little Deschutes & Crooked Rivers SI WASCO COUNTY JEFFERSON COUNTY (ALUMS COUNTY MORROW N COUNTY CArksmre al/44- Crcii.„11'ta,,A), DESCHUTES COUNTY Geographic hrthratarion System Map Prepared by De:sal-tee County Information Teenneogy Department 14 NW Kearney Avenue Bond, OR 97-703. LAKE COUNTY County nocK -- DESCH') FFRSON ( CQUI,t5 , r 0 i [Date: 4/17/20171 I Esri. HERE. DeLorme, Mapt-nyindiain)ObeibStieetiviap contributors 111Page MEMORANDUM OF UNDERSTANDING ThisK8emorandunnofUnderstanding(°K4OU")iybetvveenCrookCounty,]effersonCounty Klamath County, Lake County, and Deschutes County, all political subdivisions of the State of Oregon. EFFECTIVE DATE: This MOU is effective as of 20Unless extended or terminated earlier in accordance with its terms, this MOU shall terminate June 30, 2020. DESCRIPTION: This MOU applies to operations of the Central Oregon Cohesive StrategiesInitbtive (COCSI). 1. RESPONSIBILITIES: Each party to this MOU has equal rightwith regard to appointments to the COCSI Steering Committee and general operational and financial oversight of COCSI. 2. STEERING COMMITTEE: A Steering Committee, comprised of 12 members, is authorized and charged with administering all operations of COCSI. The Steering Committee shall: (a) report periodically to each designated County contact person, (b) assist the Deschutes County Administrator with recruitment, hiring and supervision of the COCSI Coordinator; (c) undertake related functions as appropriate; and (d) assist the COCSI Coordinator with grant and other fiscal solicitations. 3. C0051COORD|NATOR: The COCSI Coordinator shaH be contracted with Deschutes County. Compensation and other terms of retention shall be as provided in the personal services contract that the COCSI Coordinator signs with Deschutes County. The COCS Coordinator, with input from the Steering Committee, shall report to and serve at the pleasure ofthe Deschutes County Ad m inistrator. 4. FINANCIAL RESOURCES: Operations and activities of COCSI and the COCSI Coordinator shall be funded by (a) designated contributions by the parties to this MOU, and (b) grants and other avaUable revenue sources. 5. DESIGNATED CONTRIBUTIONS: Annually the Steering Committee shall determine a minimum budget necessary to provide for operations of the COCSI, including compensation and expenses associated with the COCSI Coordinator. The minimum budget shall then be allocated among the parties to the MOU according to the foliowing formula: Crook County q� Jefferson County Y6 Klamath County � Lake County � Deschutes County � 6. TERMINATION: Mutual Consent. Any party may terminate its participation in this MOU for any reason by providing thirty (30) days' written notice to the other parties. MOU - COCSI 7. INDEPENDENT PARTY: It is agreed and understood that each party subject to this MOU will perform services and/or activities related to this MOU as an independent party, and not as an employee or agent of the other party. 8. ENTIRE MOU: This MOU sets forth the entire agreement between the parties. The MOU may be amended upon written approval of all parties. CROOK COUNTY: BY: Date JEFFERSON COUNTY: BY: Date KLAMATH COUNTY: BY: Date LAKE COUNTY: BY: Date DESCHUTES COUNTY: BY: Date MOU - COCSI PERSONAL SERVICES CONTRACT This Agreement is made and entered into by and between Deschutes County, a political subdivision of the State of Oregon, and , hereafter referred to as "Contractor." Deschutes County is authorized to obtain, by contract, services necessary to conduct its operation. Contractor has available, or can cause to be provided, the facilities, skills and staff required for the performance of these services. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties above- mentioned, for and in consideration of the mutual covenants stated as follows: 1.0 Effective date. This Agreement is effective when signed by Contractor and County. 2.0 Contractor's services. Contractor shall perform the necessary services to conduct the program(s) more fully described in Appendix "A", attached hereto and by this reference incorporated into this Agreement. 3.0 Assignment. Neither party shall assign, sublet or transfer any interest in or duty under this agreement without the written consent of the other, and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. 4.0 Laws and regulations. Deschutes County and Contractor agree to comply with the ordinances and regulations of Deschutes County; applicable provisions or directions of the Central Oregon Cohesive Strategies Initiative (COCSI); and all provisions of Federal and State law, rules and regulations relating to Contractor's performance of services under this Agreement 5.0 Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. 6.0 Payments/Consideration. Deschutes County shall pay Contractor pursuant to the terms and conditions stated in the attached Appendix "B". 7.0 Termination. All or part of this Agreement may be terminated by mutual consent of both parties, or by either party at any time for convenience after 30 days notice in writing. 8.0 Independent contractor. Contractor is engaged as an Independent Contractor. 9.1 Contractor will be solely responsible for payment of any Federal or State taxes PSK: COCSI Coordinator 1 required as a result of this Agreement. 9.2 This Agreement is not intended to entitle Contractor to any benefits generally granted to Deschutes County employees. By way of illustration, but without limitation, the benefits which are not intended to be extended by this Agreement to the Contractor are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, Social Security, Workers' Compensation, unemployment compensation or retirement benefits. 9.3 Contractor is an Independent Contractor for purposes of the Workers' Compensation Law (ORS Chapter 656) and is solely liable for any Workers' Compensation coverage under this Agreement. 10.0 Hold harmless. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by County shall not operate as a waiver or release. Contractor further agrees to indemnify, save harmless and defend Deschutes County, its officers, agents and employees, and COCSI and its members from and against all claims, suits, actions, damages, costs, attorneys fees, losses and expenses in any manner resulting from, arising out of, or connected with any such damage and/or injury that may be asserted by any person or entity in connection with the performance of work described in this contract, except liability arising out of the sole negligence of the County and its employees or COCSI members. Such indemnification shall also cover claims brought against Deschutes County under state or federal workers compensation laws. If any aspect of this indemnity provision shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this provision. 11.0 Attorney fees. If an action, suit or proceeding, including appeal therefrom, is brought for failure to observe any terms of this Agreement, each party is responsible for its own attorney's fees, expenses, costs and disbursements for the action, suit, proceeding or appeal. 12.0 Captions. The headings or captions in this Agreement are solely for convenience of the reader, and do not have legal effect. 13.0 Choice of Law. This Agreement shall be governed by the laws of the State of Oregon. 14.0 Venue. Venue relating to this Agreement shall be in the circuit courts of the State of PSK: COCSI Coordinator 2 Oregon for Deschutes County, located in Bend, Oregon. 15.0 Severability. If any provision of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 16.0 Term of Aareement. This agreement shall expire June 30, 2017. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONTRACTOR, BY HIS SIGNATURE BELOW, HEREBY ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CONTRACTOR: BY: Date COUNTY: BY: Tom Anderson, Administrator Date PSK: COCSI Coordinator 3 APPENDIX "A" Contractor shall serve as COCSI Coordinator with the following duties: PSK: COCSI Coordinator 4 APPENDIX "B" Payment of Contractor. County shall pay Contractor each month for rendering the services listed in this Agreement as set forth in Appendix "A" as follows: PSK: COCSI Coordinator 5 Job description for Coordinator/Community Leader for Central Oregon Cohesive Strategy Initiative The Coordinator/Community Leader* is responsible for the day-to-day business of the Central Oregon Cohesive Strategy Initiative (COCSI) and for the facilitation and implementation of the COCSI Program of Work. The Coordinator works closely with the Steering Committee to accomplish tasks and with COCSI stakeholders to advance the Cohesive Wildland Fire Strategy across Deschutes, Jefferson, Crook, Klamath and Lake Counties. The Coordinator is the point of contact and network leader for the broadening network of Cohesive Strategy stakeholders in the counties and serves as the spokesperson and communications director for the COCSI. Duties: • Facilitate and implement the COCSI Program of Work. • Coordinate in-person and phone meetings of the Steering Committee. • Maintain administrative activities and facilitate the day-to-day business of the COCSI. • Attend collaborative meetings in each county that support local Cohesive Strategy implementation efforts, as appropriate. • Participate in the monthly meetings for the Western Region of the National Cohesive Wildland Fire Management Strategy. • Create and maintain a web presence for COCSI information for the Committee as well as the public. • Facilitate development of Learning Laboratory to share "how-to", experiences, guidance, success stories and lessons learned. (Quarterly meetings for stakeholders, webinars, web portal, town halls, ways for people to talk about how they implement CS, etc.) • Create and maintain other communications efforts such as Facebook, Twitter, a regular eNewsletter and/or other emerging communications opportunities. • Routine (daily) networking and relationship building with COCSI stakeholders, partners and those agencies and organizations implementing the Cohesive Strategy in the field. • Facilitate grant research and grant writing to support the organization and activities of the COCSI. • Document success stories/lessons learned and regularly share with stakeholders and the public. 1 • Facilitate development of performance measures and monitoring information to assess effectiveness and accountability. • Travel for attendance and presentation at appropriate conferences and meetings. • Works under the supervision and direction of the COCSI Steering Committee. Outcomes: While specific outcomes in each county may vary, there are some broad outcomes that will be achieved as a result of the work of the Steering Committee and the duties of the Coordinator outlined above. • Communication between county -level collaboratives and projects is improved. • Understanding is increased about what the Cohesive Strategy is, and how it can, and is being implemented. • The COCSI is the recognized "expert" entity on the Cohesive Strategy and its implementation in Central Oregon. • The pace and scale of Cohesive Strategy implementation by all stakeholders is improved and increased. • Stakeholders in all five counties will understand the concept of wildland fire risk management, including risk sharing and transfer, and successful mitigation of risk, both towards the goals of landscape resiliency and fire adapted communities. • COCSI will maximize the utilization of a Learning Laboratory environment resulting in changes in attitudes, behaviors and culture thus achieving the long-term vision of the Cohesive Strategy, "learning to live with wildland fire." Proposed expenses for budgeting on next page. 2 Anticipated expenses: Expense Coordinator contract Travel • Coordinator visits among five counties. • Travel (air/mileage, lodging, per diem) for Coordinator and/or Steering Committee members to attend/present at appropriate conferences, workshops and meetings. Communications • Web design, subscription and hosting • Learning Lab portal development to existing site Printing collateral materials that cannot be printed in-house. * Community Leader (title — there may be a potential grant opportunity using this name). Calculation $400 - 425/day Lodging, per diem, mileage $500 per month $1,500 each for five events (or five people to one event) Based on previous web design experience. Yearly $96,000 — 108,000 $6,000 $7,500 $15,000 $11,500 $2,000 Subtotal $138,000 - $150,000 Note: there will be many opportunities for in-kind contributions to the overall budget of the COCSI such as office space, utilities, phone, general mailing, etc. 3 G W iq, ��3��,a, o � : fi�G y -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ 1- E AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 21, 2017 DATE: June 15, 2017 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: Financial Policy Review PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Wayne Lowry, Finance Director SUMMARY: With the implementation of the new MUNIS financial software, a number of financial policies need to be updated, replaced or created to facilitate the County's new business proceses. This work session is an opportunity for the Board to discuss these issues prior to being asked to approve them. RECOMMENDATION & ACTION REQUESTED: Discussion of new and amended financial policies Deschutes County Finance Policy No. F-? Effective Date: 7/1/2017 COUNTY POLICY FOR PAYMENTS TO SUPPLIERS STATEMENT OF POLICY It is the policy of Deschutes County to establish and maintain a system of internal controls to ensure that all disbursements to suppliers are adequately documented, properly authorized and accurately accounted for in the County's accounting system. APPLICABILITY This policy applies to all non -payroll related disbursements in payment for goods and services procured by the County to carry out its purposes and objectives. POLICY AND PROCEDURE The County will maintain a system of internal controls that will ensure that payments for goods and services are properly approved, subject to budgetary limits, and properly documented. The system of internal controls includes the following. 1. Budget The County is subject to local budget law requiring an adopted budget before any payments are made. The budget process involves the Departments, the Board of County Commissioners, three members of the public serving on the Budget Committee, the County Administrator and budget staff The budget is adopted each year in June for the following fiscal year. The adopted budget is set forth in each budget resolution and adopts the budget at the program level (personnel, materials and services and capital outlay) for each fund. No expenditures can be made without the appropriate budget authority. The County accounting system will enforce budget restrictions on each disbursement. 2. Methods of Procurement All requests for payment originate in departments with the entry of an invoice to pay for goods and services. Departments have four options to make payments to vendors for goods and services received. The four methods include Purchase Orders, Contracts, Direct Invoice Payments and Purchasing Cards. All payment methods shall be designed with adequate internal controls to ensure that goods and services are acceptable for County use before payment is made, payments are within the appropriate budget authority, payments are sufficiently documented and verified as legitimate and payments are properly recorded in the accounting system. 3. Vendors The Finance Department will maintain the vendor file. Staff with access to the vendor file will be prohibited by system controls from processing any payments to vendors. Departments may request that vendors be created or updated by making such request to the Finance Department. New vendors will be added and existing vendor files will be updated once those requests are approved. Vendor taxpayer identification numbers will be secured in the County system and will be required for every vendor before any payments can be made. Such information will be verified with the IRS prior to activating a vendor. 4. Accounting System The Finance Department, with assistance from the IT Department, will maintain the Accounting system to ensure that sufficient internal controls are embedded in the system to properly account for each transaction and to ensure that each transaction is properly authorized and documented. The County will use electronic approvals whenever possible to generate a sufficient audit trail to track each transaction in the system. Payments to vendors may be made by check or by electronic funds transfer (EFT). 5. Departments Department Heads are responsible for all transactions in their department. Their responsibility includes ensuring that every obligation is incurred to further the mission of the department and to carry out the department's Board approved goals and objectives related to the services it provides. Departments are responsible for entering all payment information in the accounting system and for approving payments to vendors. Department Heads are authorized to approve purchase orders, contracts or direct payments to vendors up to $25,000. The Health Department Head is authorized to approve up to $50,000. Department Heads may delegate approval up to $10,000 to Managers in their department. Such delegation shall be in writing and must be maintained by the Department. 6. Finance Director The Finance Director is responsible for reviewing the list of disbursements each week prior to the printing of checks to provide an overview of the reasonableness of the payments to be made. Any payments called into question will be investigated further and may be deferred pending further inquiries. The Finance Director shall officially approve the disbursement as modified before printing checks or releasing electronic payments. 7. County Administrator The County Administrator is authorized to approve purchase orders, contract or direct payments to vendors up to $150,000. The system of internal controls will take this approval level into account and require electronic approvals for each such transaction by the County Administrator as applicable. The County Administrator will receive a list of all payments made each week for information purposes and may request additional information from departments or the Finance Department on any payment. 8. Board of County Commissioners The Board of County Commissioners are authorized to approve purchase orders, contracts or direct payments to vendors for more than $150,000. The system of internal controls will take this approval level into account and require electronic approvals for each such transaction on behalf of the Board of County Commissioners as applicable. The Board may request any additional information related to such expenditures from departments or the Finance Department. 9. Payment Cycle The County Finance Department will manage the disbursement process. Checks will be issued on Friday of each week. Only those invoices that have been entered and approved through work flow by Wednesday at 5:OOpm will be included in the Friday check processing cycle. All other proposed payments will be held until a later cycle. Manual, out of cycle checks, are discouraged but may be processed as needed with approval of the Finance Director. 10. Special Payments A number of payments are exempt from purchasing and authorization rules and will not be processed through the normal disbursement process. These include but are not limited to debt service payments, investment purchases, pass through payments, software maintenance agreements and other special payments. The Finance Department will be responsible for making such payments, recording them in the accounting system and ensuring proper treatment in the County's Financial Statements. Deschutes County Administrative Policy No. F-3 Effective Date: 07/01/2017 Purchasing Cards STATEMENT OF POLICY It is the policy of Deschutes County to provide County -issued Purchasing cards to County staff and elected officials in certain limited situations to be used for the efficient transaction of County Business. APPLICABILITY This policy applies to all Purchasing cards issued by the County to staff and elected officials for use in transacting County business. POLICY AND PROCEDURE Card Requests and Issuance Departments requesting purchasing cards for use in transacting County business shall provide a written request to the Finance Director, using the Purchasing Card Request Form, clearly setting forth the purpose and intended use of each card. Such request shall include the anticipated efficiencies to be gained by the use of such cards. Deschutes County financial policy F-14, section 4(d) authorizes the Finance Director/Treasurer to evaluate requests and issue cards in consultation with the County Administrator. Cardholder Responsibilities The assigned cardholder is responsible for handling the card with the utmost care including using the card in compliance with County Purchasing Rules and this Policy. The cardholder is responsible for following all procedures required by the County Finance Department and to ensure the secure storage of the card by taking extra caution to keep it separate from personal debit and charge cards. The cardholder is also expected to maintain the security of the card number. Cardholders and the department managers are responsible for adhering to all policies and procedures related to County issued Purchasing Cards, reviewing all charges in a timely manner not less frequently than weekly and assigning the appropriate account coding to each charge. They are also responsible for ensuring that each purchase is appropriate and in compliance with County purchasing rules and this policy, and maintaining proper documentation. Finance Department Responsibilities The County Finance Department shall be responsible for administering the County Purchasing Card program, for maintaining the relationship with the bank, making the electronic payment each period and for developing and maintaining controls, procedures and software applications necessary to carry out the program. Finance shall also establish procedures that must be followed by department staff for the administration of the program. Appropriate Uses Purchasing Cards issued under this policy shall only be used to transact County Business and must be used to complement and not avoid existing purchasing rules and processes. Acceptable uses for County business are limited to the following: • Travel arrangements for staff or elected officials attending conferences or meetings requiring an overnight stay limited to lodging and transportation. Purchasing cards may not be used for travel related incidentals and meals. • Registration fees for conferences, meetings or training events. • Online purchases for County business that can only be transacted with a credit card due to vendor requirements. • Emergency situations generally described as unforeseen and immediate that require a time frame that cannot be accommodated by the County's normal accounts payable schedule. • Purchases of materials and supplies in the field to facilitate the needs of County staff or clients. Purchasing Card transactions prohibited by this policy include but are not limited to: • Purchase of fuel for personal or County vehicles • Cash • Alcohol, Tobacco, Firearms and Casinos • Personal items • Meals while on travel status Other Provisions Purchasing cards may be used to purchase goods and services by phone, fax, e-mail or through the internet. Employees issued purchasing cards will be required to sign an acknowledgment that they have read and understand this policy and all related procedures. Violations of the Purchasing Rules, or this policy may result in revocation of the right to use a Purchasing Card and may result in disciplinary action by the authorizing supervisor (up to and including termination). Deschutes County, Oregon Purchasing Card Request Form (County Policy F-3) This Form is to be completed for each County Staff member requesting the issuance of a Purchasing Card. Please read County Financial Policy F-3 prior to completing this request form. Requesting Employee: Employee Direct Supervisor: Requesting Department/Division: Cell Phone: Phone: Please explain why a purchasing card is being requested for this employee. How will it be used? What purchases will be made with it? How will a purchasing card make the work of this employee more efficient? I have read and understand the policies and procedures of Deschutes County related to purchasing cards and I agree to comply with them and be bound by them. Employee Requesting Purchase Card Date Signed Direct Supervisor Date Signed Department Head Date Signed Issuance of Purchasing Card ❑ Approved ❑ Denied Finance Director Date Signed Deschutes County Administrative Policy No. F-6 Effective Date: :>: - ; 19,77 July 1, 2017 CAPITAL OUTLAY EXPENDITURES STATEMENT OF POLICY It is the policy of Deschutes County to require special procedures for capital expenditures to ensure that capital expenditures are justified, budgeted and accounted for appropriately. APPLICABILITY This policy applies to all capital expenditures accounted for in the County's budgetary funds with an acquisition cost of $5,000 or more and represent personal or real property with an expected life of more than one year. POLICY AND PROCEDURE Prior to the purchase of any capital item, the following procedures must be followed. Budget — The estimated cost of an item must be appropriated in the capital outlay category of the department or fund for the fiscal year in which the item will be purchased. In addition, a description of the item must be included in the capital section of the budget document explaining the need for the item. Acquisition — County purchasing rules must be followed in the purchase of the capital item. Purchasing process requirements are dependent on the amount and type of the purchase. Documentation must be maintained in the MUNIS procurement record as evidence that all applicable purchasing rules have been complied with. Variances from Items budgeted — From time to time, departments may need a capital item that was not included in the capital section of the current year budget. The Capital Asset form must be used to document the reasons for the substitution and to justify the purchase of the item that was not included in the budget. Substitution under $25,000 If a department wishes to substitute an item with an estimated cost of $25,000 or less for another item, it must document the substitution using the Capital Asset Form and attach the form to the accounting system procurement record for the purchase of the item. County Administrator approval of the substitution is not required however, the Capital Asset Form must be signed by the Department Head. Substitution $25,000 and Over If the substitution is for an item with an estimated cost of $25,000 or more, the Capital Asset Form must be completed and the form must be signed by the County Administrator. Substitutions with an Policy # F-6, Capital Outlay Expenditures estimated cost of over $150,000 must be approved by the Board. The Capital Asset Form must be attached to the procurement record in the accounting system. Additional Capital Items If a department needs to purchase an additional capital item that was not contemplated in the current fiscal year budget or will require additional appropriation, the purchase must be justified using the Capital Asset Form. The Form must be signed by the County Administrator prior to seeking a budget adjustment, if one is required, and prior to ordering the item. The signed Capital Asset Form must be attached to the procurement record in MUNIS. Capital Asset Accounting — Capital Assets meeting the definition in this policy will be tracked by the Finance Department in the accounting system. Asset tags issued by Finance will be attached to most capital assets in such a way to protect the tag from wear and tear over the life of the asset. The Finance Department will require the department to periodically visually inspect the asset to ensure its continued value and usefulness to the County and to verify its existence and location. Assets subject to depreciation will be depreciated through the accounting system and will be appropriately reported in the County's annual financial report. Controlled Equipment — Departments may want to keep track of other personal property valued at less than $5,000 to ensure accountability and protection of property for insurance and other purposes. The Finance department will work with departments to assign asset numbers for these items and will include them on lists to be verified on a periodic basis. Department must notify Finance when such items are disposed of and should no longer be on the asset list. Policy # F-6, Capital Outlay Expenditures Deschutes County Oregon Capital Asset Expenditure Authorization Form This form is to be used to document the need to purchase any capital outlay item with a cost of more than $25,000, and any capital item being purchased that was not included in the current year budget or is being substituted for an item that was included regardless of amount Capital Outlay item being purchased: Cost of Item: $ ❑ Item $25,000 and over included in appropriation and detailed in capital section of current budget. ❑ Substituted Item under $25,000 -Original Budgeted Item: ❑ Substituted Item over $25,000 -Original Budgeted Item: ❑ New Capital Item not in the current FY budget regardless of amount Justification/Explanation of purchase (attach documents if needed) Authorization to purchase substituted capital item under $25,000. Signature — Department Head Date Authorization to purchase any budgeted or substituted capital item over $25,000 or any new capital item not included in the current fiscal year budget. Signature — County Administrator Date Deschutes County Finance Policy No. F-1 Effective Date: S1?` REIMBURSEMENT FOR MISCELLANEOUS EXPENSES AND EXPENSES INCURRED WHILE TRAVELING ON COUNTY BUSINESS STATEMENT OF POLICY It is the policy of Deschutes County io €al}clay t+a s(.{;i reasonable and necessary travel (including lodging, meal and transportation) expenses and certain miscellaneous expenses shall be approved for reimbursement. It is preferable that payments are made directly to vendors for purchases; however, in some cases an employee may ha..s;rrt,;}{ to incur expenses on behalf of the County. APPLICABILffY This policy applies to all County personneL._itr=:Itldlih;> elcc;€0,9,,'i,i acting within the scope of employment with Deschutes County. POLICY AND PROCEDURE The following reimbursement guidelines will apply: . authorized to incur expenses while 1. Request for reimbursement must be submitted €1' the mu tin _l 171c>:r€ lu;i' i3 111c I�•; ,c:litlrt1 {;ctii€tiv ('inn 13 ;c,,D, i,orn;.r.ri. on.* FM1 1...(,"r-3:1- };l The Ir=r a; ; €rht€iissiop must be completed -d 4t - €>lo -i,:, :, rt,l €:€€3; ;t l)r signed by the employee and approved by the employee's department head or the department head's designee. -A d,3t3tlfl t ,:Y.1..}d `it l ll44-.1, ;..(;d..;€t..1.N 1 `r...;:ti. ::.{.i.l..:..1°.1'+','.":i.i s1.1:...3,:.t: l.;{.:.d ll ',i. ,. ild th tc;,7 rt9•.•t>,-€1 :,1 '.,,;.,:.:-xe;i€; >€-.: , -t:a::tsr.. as .tt , ., , ;1)t 1-- lar',.>i,l l:> -„at •.,., ..1cel-Ira tl,.; 1=iaaa:..a 1-.}t>.t>r t ,+ +€ 2. Generally, Generally, requests for reimbursement must be made within 60 days of the date the expense was incurred. If the reimbursement request is $10 or less, employees MAY be reimbursed through the department's petty cash fund, if such funds are available and if appropriate documentation is submitted to the department's petty cash custodian. Each reimbursement request for any out-of-state travel MUST be accompanied by a copy of the approved Out -of -State Travel Authorization Form (see attached copy). The form must be completed in its entirety and authorized by the initiating department head prior to the initiation of any travel arrangements. Mileage will be reimbursed at the rate allowed by the IRS at the time the mileage was incurred. The rate is adjusted periodically, as announced by the IRS (normally each January). ciI irmst c' d;t [ ;;r3 - frkiic.:; illi :L€i ;31t' ,IF€Iii !)t. <;t7i �•, €tii'7; cl} }%tl�i Cop- lilw,,, )ilcd' . i 5£t iS-; C£ii3 :ii1l it' €3"li li;�.:iiv i...'1' o: €Pill tcs:tic€ic.: zind 1,11,51 rt'rl=.}-•-,:: •;; i€ tl 11)lits'€: u1 l"'t€�itiG,iltil i€€lc titr i:'hoi31€€:;rt of lt(tl i -c ttt: u4j..i:€!;;.( tt?ici;d €>I)1 \;ills;{1 ,l l'i,. t: spiitic : i d �'tnnIer ti�s.:rl€€i, tiY<l,i; lL '.::1i €s.t7 7_� <4ti' €; It>, (tc, tll t1" k't'; L11 €1 }Tl<€%t, tsl 1)t€yi13L S 3{il'„Eit3ii":,; s.l" it; inb i€GCit)t;r€€ 1;t1t"1'f) �fi° #"st 1t, i=';; ti, si•s 3; ,s: iitsi il;%�1 '•4ttE" i;?t�..`; €1€€3til {.lt it1l1';,, C` 3i:lhili€€.' ir)t�=.;;; lrt}€it t4?t:ll riiili,`�, tlt"i;;+sir 1, si E:€.�tiits€A Policy #F -I, Travel and Miscellaneous Expense Reimbursements Page 1 of 4 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment: Left ± Aligned at: 0.25" + Indent at: 0.5” Formatted: Indent: Left: 0.5” Formatted: Numbered -1 Levet 1 1 Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: 11 pt, Font color: Black }. a1r1p_)Ic„...1. l':rul)loyc,: t1}1:.l1!c.irresiri;.1)r., it)l;l;; ±t i } tti ; Rtltic;h tq_tr_ it€:,c iu 13c1)0. ! rf , t}rcn ht)u)1 tE, of ,tic i '7 ,nilC< Et! ll;?ilc, 11?ttnt1 hip 1 I;1. etnployt:e itta1cl< n;owine mcetin€ i11 Shiers (R mils•). 11014 to a !nccaing 111. Ret.ln'o?t1c1 011 aulr:,j. t•i)Za1 to 11 4, olh 11111 1,1);1 ni.;ht t?1c.!iu .,_i11if ;11 1 l lilusi11on ill)nti (?"<!uiit:,i..._111',-,t,l;ll) c: 11sts dri),n -! 10111 )chileoucounty b.t.!.t:.;, 110NC1el.4lune:,01)n,;ider:x1,;„minni n,l.,.,.)d1e,not !uitnbnrsc'it1l0. •l•hc.r.crorc i i cin 1o,v �„ctoi Jd he rcilnhtns?,-.(,k!r. 16, miles tiril_cl! 111?.1 .tl. y.. ''• Sara lat;l>, 111 04,4. .1)C 11ff1t :} ;tr l,{)).. is S(tttt! 1.1:011 mliC1Isr0! -,10 1 1)111.1110 (Irwin 0 on (:.(11)11) site; in Ilend. 111f)4-0) 111 10 11111 1111; .�., E11 0111 , 1)€) i1 11)1 t.l3 i.' L.'tl)i)ll)c'l;c 1011!! 1, tl it,,!tl;€; tIl1l),€t,11 1'11(111' Scl, !ittlt . :111 s 114t1c1,11,,;,1., trk i' 1111100). I04v:,, li10 1 iunrl! nt.ct.,Gn,t 1i! } a 1'1.0 ( ? mins) tl,, n (1t!t';: fr the u1tiE;E, ! I ')nit:.;, then 1);10.:, I)i li 12 !,ni14.,9 1 lii! milt:, t)nd ,.!II 11,1'1 111,; c l!1!)ruic mild y./ 1uil) 1n'o rci!uhursablE;. :..When possible, employees shall use the County's existing accounts with vendors, local and non -local, or shall establish credit with vendors instead of using their personal funds for payment of expenditures incurred for the benefit of the County. It may be more convenient and expedient for an employee to incur expenses on behalf of the County; however, employees are encouraged to make these County - related expenditures only when necessary. Such purchases should be limited to the following items: a. Lodging and meals purchased while on County -related business. b. Public transportation (buses, I? . / 1t;t1„1 a)irtc1»ilcaoe subways, & taxis) c. Airfare, if Internet fare is less than that available through local travel agency. While not an all-inclusive list, the following are examples of items that employees should NOT purchase with their own funds: a. Furniture b. Equipment c. Office fixtures d. Computer hardware & software e. Professional services and other labor f Subscriptions g. Books h. Office supplies Payment to vendors for lodging and conferences o 1l:_.:!; be made in advance when appropriate supporting documentation (e.g. lodging reservation invoice, conference registration form)a_0attached to an approved Accounts Payable 31' :"l, r1:'•:tohcr it, ul-;;oai)t,'tl it; 11104 i1;o1! oo;-140 p,1riri11.lu-;tt 1,4041 1?1000 y-,'el:-r-prig(`4,.,.44,L-chic !1.;pay-14)0011 10lOtlflin4t4: No cash advances for travel will be allowed. .:.,Original receipts or invoices must be submitted with reimbursement requests, with the exception of reimbursement requests for the actual cost of meals incurred during employment-related travel (see #1101. a.). Receipts and invoices are itemized listings of all charges. An exception may be granted if a written explanation is provided when a receipt or invoice is either unavailable or lost. ..f 1. It is expected that the least expensive mode of transportation available will be used. Policy #F-1, Travel and Miscellaneous Expense Reimbursements Page 2 of'4 Lodging expenses will be reimbursed at actual cost and generally should not exceed the maximum amounts established by the U.S. General Services Administration "GSA" (see #123"). See exceptions to this maximum discussed in paragraph 13. Meal reimbursement. a. MEAL COST INCURRED DURING EMPLOYMENT-RELATED TRAVEL: Employees will be reimbursed for actual cost of meals incurred while on overnight employment- related travel outside of Deschutes County, up to the maximum amounts established by the GSA for employment-related travel. As the County cannot reimburse for alcoholic beverage purchases, such expenditures should not be included in the requested reimbursement. Receipts for meals incurred during employment-related travel are not required_..ti,Ic;,,,ila.•t.1s„<.1,.;„1cr s„1,.1,.1,1)„ he Cities not listed or located in listed counties will be reimbursed at the standard CONUS rate noted on the Per Diem tables, as required by IRS regulations.” . ..a1.,..a . 1(ni ;in1;_ c t lt1t,,;tl 1CS t3Pf'Ynl lil;, 1i. 1?; ,(' ;,r.; nt:t ,c imbursabic; 1f't it(;„s av k sU his I)c hul ,.. it;€, r tr€,,;7r t i€ (31 .0 ount1 s, b. OTHER MEAL COST: Employees will be reimbursed for actual cost of meals incurred while attending employment-related meetings, also referred to as business meetings. Receipts for such meals are required for reimbursement (See #;/- for description of receipt.) In addition to the receipt, the business purpose of the meeting and the names of those attending the meeting should be noted on the reimbursement request. If names of those in attendance at the business meeting are not available, a description of the group and the number of people in the group should be noted. As the County cannot reimburse for alcoholic beverage purchases, such expenditures should not be included in the requested reimbursement. It l tl / 1 1',') l t) 1;1',( IZ l '' I 1'i i' N i. (;i;nt)nn,c(1 fur actual ::(,';,,;t,1'nr.:ai nt;otr(;(1 st!a,iittz,:;ka_u!swni;n(, )r such noel. ; r rci to •cd. kecc(,1. 1 3 crt!i:;);0turca:ntcl rc;11 11t!si inchni . tl_ic 111111.1,,,, (11 '1 (.S1! 11(lYC}1 1111d Carl(.iitlu!, s nt:lnd=;a 111 1110 inc;11 c+u<i; l ri'ftl:,t r; ;i ion of Ow County c;umo; r; inthur;.e 1% r :11k oholu he c:ra;;c (;t!i"(;) ASt'S.:.l!t;Ii e\t)':11:1i`tl("y ; •;hould inns hr incl! dc(1 11 the•r;tl i.,:s.w,1 rcinl6n;sc;,i),t it1,. Maximum rates for meal reimbursements incurred during employment-related travel are established by the GSA. Maximum rates are based on locality. In the event the employee is in more than one locality during employment-related travel, the maximum rate allowable (see #10. a.) is the locality in which the reimbursable expense was incurred, A link to GSA's website is on the County's intranet home page, (the first link listed under Finance) and can also be accessed directly at www.a,sa.trov-nerdiem. These rates, presented in the column labeled "M & IE rate" include taxes & gratuity. Please note: the M & IE rate includes an amount for incidental expenses ("IE"); therefore the maximum meal reimbursement is the M & 1E rate less the incidental allowance stated on the GSA website. A copy of the per diem rate information from the website MUST be attached to the ;1,,,1,:1i..i;{:t;..\:,¢:,k..1'1014701'1.1;1.;1 i�9l;i 1; 1.: =.:v.:.l:.,.lttit).1rr:i 4,!1,,;11 ,"ti:;u()nli- 1911.. If request is for other than full day, (e.g., lunch is provided at a workshop, therefore, reimbursement is limited to breakfast and dinner), reimbursements are based on the following percentages of the daily steal rate: Breakfast — 20%; Lunch — 30%; Dinner — 50%. Meals included in the cost of lodging, conference or workshop registration fees (as part of the base registration fee), airfare or if they are provided at no expense to the employee, should not be included as part of the employee reimbursement request, and will not be reimbursed to the employee. Additionally, when the cost of lodging, conference, workshop or airline ticket rate includes a meal, the employee will not be reimbursed for any additional cost incurred for an alternate meal. The following exceptions may be authorized if approved by the County Administrator: Policy #F-1, Travel and Miscellaneous Expense Reimbu,sements Page 3 of 4 ➢ The cost of a meal in excess of maximum allowance included as part of a conference or seminar registration fee. ➢ The lowest priced room at a conference exceeds the maximum lodging reimbursement, or there are circumstances that do not allow the employee to secure lodging below the maximum level. An explanation must be included with the Employee Reimbursement Form. ➢ Internet purchases using personal credit cards. Note: Any request for reimbursement that does not meet the guidelines set in this policy will be returned to the department of origin. Approved by the Deschutes County Board of Commissioners :' s,i um -2," "" : 24 14, Tom Anderson County Administrator Policy #F -I, Travel and Miscellaneous Expense Reimbursements Page 4 of 4