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2017-456-Minutes for Meeting June 19,2017 Recorded 8/4/2017Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ2017-456 08/04/2017 8:52:56 AM IIIIIIIIIIIIIIIIIIUIIIII,4111111 For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Allen Conference Room Monday, June 19, 2017 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. County Administrator Tom Anderson was present at 2:00 p.m. due to another scheduled meeting. Attending for a portion of the meeting were Whitney Hale, Public Information Officer; Adam Smith, Assistant Legal Counsel; Pauline Word and two other citizens. No representatives of the media were in attendance. CALL TO ORDER: Chair Baney opened the meeting at 1:32 p.m. ACTION ITEMS 1. Law Library Memorandum of Understanding with Deschutes Public Library: Todd Dunkelberg, Deschutes Public Library updated the Board on current projects including a Lawyer in the Library program to start in the fall of 2017. Tracking is being done to show access numbers for both the public and local lawyers. Mr. Dunkelberg noted the Library is researching how other law libraries in the state are functioning. The law library is open 67 hours per week. Erik Kropp noted in Minutes of Board of Commissioners' Work Session June 19, 2017 Page 1 of 5 September 2015 Deschutes County entered into a MOU with the Deschutes Public Library for the library to provide law library services. The MOU outlines the transition of the law library resources and details the roles and responsibilities of the County and Deschutes Public Library. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion carried 2. Smoke Management Review Committee Tour: Ed Keith, County Forester presented on an upcoming field tour coordinated by the recently formed Smoke Management Review Committee. Mr. Keith presented to the Board the membership list of the 2017 Smoke Management Review Committee including project sponsors, committee members, staff support, and private interest groups. The purpose of the tour is to discuss with the committee the need for prescribed fire and ways to provide increased community awareness and firefighter safety. The tour is scheduled for Tuesday, June 27th and begins at the Sisters Fire Hall. Idea of tour is talk about the challenges in Central Oregon where prescribed fire is one piece of restoration. The goal is to minimize the impact of smoke and to protect our community from wildfire. All three commissioners plan on attending the tour. A presentation by the committee will begin on the bus tour. Tom Kuhn from Deschutes County Public Health has participated in providing public awareness on air quality in our communities. Mr. Keith noted the impact of a wildfire is more drastic than a prescribed burn. Discussion held on the Clean Air Act and National Ambient Air Quality Standards. Mr. Keith commented on protecting air quality yet prescribed burns need to happen and methods of minimizing smoke intrusion are considered. Education for the public helps to explain why prescribed burns happen. Deschutes Forest Collaborative has paid for previews at the local cinemas for outreach and public service announcements on local radio stations to reach the community. Commissioner Baney suggested having maps and photos of fires available on the bus tour. Discussion held on the environment of Central Oregon and how it differs to other areas in the state. To protect our community Minutes of Board of Commissioners' Work Session June 19, 2017 Page 2 of 5 from wildfire it would be beneficial to do more strategic work with more acreage of prescribed burns. The Central Oregon Fire Season Kick off meeting is tomorrow morning at the Redmond Air Center. Commissioners DeBone and Henderson and County Administrator Anderson are planning to attend. Mr. Keith also commented on preparation for 2017 fire season where in the past the Board has adopted a resolution in July noting fire restrictions on County owned and unprotected lands. The restrictions cover such items as fireworks and off-road vehicles and are in effect for the months of July — October. This resolution sets best practices for the community on what not to do during a fire season. 3. County College Update and State of the County: Whitney Hale, Public Information Officer, noted the State of the County address is scheduled for July 11, 2017. Ms. Hale provided a draft of the introduction agenda and noted the Top Ten News is currently being drafted. Commissioner DeBone commented on the positive presentation of the recent State of the City address. Review and revisions made to the draft. This year's County College is scheduled to begin on August 29t" Ms. Hale commented the Board has advertised the County Fair and Rodeo in the past and asked if they want to continue the ad this year. The expense is $175 for each program. The Board expressed support. Ms. Hale noted the Employee Recognition Breakfast is scheduled for Saturday, August 5th and in the past the Board and Admin staff has donated for employee gift certificates to be raffled off and inquired if the Board would be interested in personal donations again this year. The Board expressed support in participation. 4. Lot of Record Discussion: Nick Lelack and Peter Gutowksy, Community Development Department and Adam Smith, Assistant County Legal Counsel presented proposed text amendments and procedures to follow. Deschutes County Legal Counsel and Planning staff has been preparing a text amendment addressing lots of record in all Deschutes County Code Minutes of Board of Commissioners' Work Session June 19, 2017 Page 3 of 5 sections. Reviewed procedural items and identified two options on a proposed text amendment. Mr. Gutowsky noted a possible date for considering a public hearing would be July 26, 2017. Review made on the lot of record process and fees. The proposed text amendments would provide more certainty to both applicants and the County by clarifying code language and codifying policies. Commissioner Henderson recommends a one-step process. Commissioner Baney noted concern with just one step will take more time than solving an immediate need. Mr. Lelack noted after the hearing there is still a 21 -day appeal period and even a quick fix could be six months. Commissioner DeBone suggested doing both proposed steps. Discussion held to proceed with the immediate and then continue work on proposed text amendments. Commissioner Henderson noted he is not supportive of the two step process. Commissioner Henderson would like to review the fees. Mr. Gutowsky noted the department is averaging 450 customers per month. Mr. Lelack noted 145 lot of record applications since the beginning of the fiscal year. Commissioner Debone recommended the two paths and have communications bi-weekly. Commissioner Baney supports the two paths concept as well noting the ability to make a change in direction if needed. Commissioner Henderson agreed. CDD fee schedule is scheduled for Wednesday, June 21st as a continued public hearing and must be approved by June 30th. For further review, Commissioner Henderson would like a full walk through of each process of the CDD services and the costs involved and actual time of service. Will remain on the agenda for Wednesday and Mr. Lelack will schedule time with Commissioner Henderson for tomorrow. OTHER ITEMS: • Discussion held on hearing's officer appeals and if the Board will want to review each time. Commissioner Henderson noted this item is not on the agenda and wonders why information wasn't provided for consideration. Commissioner Baney noted the planning team process. Commissioner DeBone noted past discussions where the Board had noted last fall it was their acceptance that the planning department could bring forward information regarding appeals. Commissioner Henderson expressed his dissatisfaction on not having communications in time for consideration of possible appeals. Mr. Gutowsky will email County Administrator Anderson for the potential appeals. Minutes of Board of Commissioners' Work Session June 19, 2017 Page 4 of 5 • Planning Commission: Hugh Palcic noted interest in appointment as Planning Commission representative for South County and a letter of appointment will be presented for consideration for next week's meeting. • Commissioner Baney reported on a recent meeting with County Administrator Anderson, City of Bend Mayor Roats, and City Manager King regarding regional problem solving and looking at non -resource lands. • Commissioner DeBone noted the recent restructure of the Central Oregon Intergovernmental Committee Board membership and he recommends a letter to Lou Capozi as his seat was not reaffirmed through the direction of the new representations. Representation of membership is based on positions of stakeholders not based on the person. A letter thanking his for his service will be presented. • Reminder: The Joint meeting with City of Redmond is scheduled for tomorrow. At this time of 4:41 p.m. the Board went into Executive Session under ORS 192.660 (2) (i) Employee Performance Evaluation. The Board came out of Executive Session at 5:30 p.m. ADJOURN: Being no further discussion, the meeting adjourned at 5:30 p.m. DATED this Board of Commissioners. ATTEST: Re -Cording Secretary Day of 2017 for the Deschutes County Minutes of Board of Commissioners' Work Session ✓`li Tammy Ba ey, Chair) Anthony DeBone, Vice Chair /VI Philip G. H derson, Commissioner June 19, 2017 Page 5 of 5 TE ❑/,1 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, JUNE 19, 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. Law Library MOU with Deschutes Public Library - Erik Kropp, Deputy County Administrator 2. Smoke Management Review Committee Tour - Ed Keith, Forester 3. County College Update / Review - Whitney Hale, Public Information Officer 4. Lot of Record Discussion - David Doyle, Legal Counsel OTHER ITEMS 5. EXECUTIVE SESSION: under 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. 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. Board of Commissioners Work Session Agenda Monday, June 19, 2017 Page 1 of 2 Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN koi ElDeschutes 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/meetinacalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Work Session Agenda Monday, June 19, 2017 Page 2 of 2 i # W 0 a k { 4 W 0 tLi 1 u 0 m 0 r cc Z 7 a Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 19, 2017 DATE: June 14, 2017 FROM: Erik Kropp, Administrative Services, 541-388-6584 TITLE OF AGENDA ITEM: Law Library MOU with Deschutes Public Library PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Erik Kropp, Deputy County Administrator and Todd Dunkelberg, Library Director SUMMARY: In September 2015 Deschutes County entered into a Memorandum of Understanding (Document 2015-567) with the Deschutes Public Library (DPL) for the library to provide law library services. The MOU (attached) outlined the transition of the law library resources and detailed the roles and responsibilities of the County and DPL. In May 2016, Internal Auditor David Givans completed the "Law Library Transition" audit. One of the audit recommendations was to update the MOU to address the County's expectations for a minimum level of law library materials that would be provided in print collections and through online legal subscriptions. Attached for Board consideration is an updated draft MOU with DPL, Document 2017-224, which addresses the audit recommendation by listing out a basic level of service that DPL will include as part of the law library collection (item B2 of the MOU). In addition, the updated MOU includes the following additional changes: 1. Acknowledges that DPL may provide additional law library services not specified in the MOU (item B4). 2. DPL agrees to identify gaps in law library resources and address as appropriate (item 6D). 3. Changes the date for payment from August to September since the County receives the notice of funding from the Oregon Judicial Department in the month of August (item B10). 4. Updated the Fiscal Year and added language to allow for additional funds to be paid to DPL, upon mutual agreement and if the revenue for law library services increases (items C2 and C3). RECOMMENDATION & ACTION REQUESTED: Approve Chair Signature of Document 2017-224, a Memorandum of Understanding Between Deschutes County and Deschutes Public Library for Law Library Services MEMORANDUM OF UNDERSTANDING BETWEEN DESCHUTES COUNTY AND DESCHUTES PUBLIC LIBRARY FOR LAW LIBRARY SERVICES Deschutes County Document Number: 2017-224 (Replaces Deschutes County Document Number: 2015-567) WHEREAS, the Deschutes County Law Library (DCLL) collection is a valuable resource for the public, including litigants and attorneys; and WHEREAS, ORS 9.815 states: County law libraries and law library services. (1) Each county shall: (a) Operate a free law library at a location that is convenient and available at reasonable hours; or (b) Provide free law library services at one or more locations that are convenient and available at reasonable hours. (2) A county governing body may enter into a contract with a law library association or other organization for the operation of the law library, or the provision of law library services, required by this section. [2011 c.224 §1; 2011 c.595 §176]; and WHEREAS, The Deschutes Public Library (DPL) strives for the public to access resources needed to make informed decisions about health, finance and other life choices; and WHEREAS, having DPL operate the DCLL increases access and services to the public; NOW, THEREFORE, Agreement made this _ day of 2017, between Deschutes County and Deschutes Public Library, as set forth below: A. This Memorandum of Understanding (Document Number 2017-224) replaces the previous Memorandum of Understanding between Deschutes County and DPL (Document Number 2015- 567). B. Obligations of Deschutes Public Library 1. DPL has taken ownership of selected print from the DCLL collection. 2. As a basic level of service, DCLL collection will include recommended items (in print or digital access) such as the following: a. Comprehensive citation service b. Federal case reporter for the Ninth Circuit and U.S. Supreme Court c. State of Oregon case reporters d. Federal codes, statutes, and legislation (USC - United States Code) e. State statutes, all 50 states. f. Oregon Administrative Rules (OARs) g. Federal agency and administrative materials (CFRs - Code of Federal Regulations) h. Selected Continuing Legal Education (CLE) practice area material 3. DPL will notify the County in writing if any basic level of service items listed in Section B.2 are removed from the collection. 4. DPL may provide additional law library services and resources. OC 2017-224 5. The public shall have access to all materials during normal DPL operating hours and borrowing privileges according to DPL's normal rules, including rules that apply to non - circulating materials. 6. DPL will assign a Librarian with a Master of Library Science degree to serve as the Law Library lead. The Law Library lead will be a librarian qualified to assist legal research who will have primary responsibility for law library services. The obligations of this position include: a. Maintaining professional relations with: the local legal community, such as the Deschutes County Bar Association, Circuit Court Administration and Legal Aid; the State Law Library; and state and national Law Library organizations. b. Preparing materials, training, and advising library staff on assisting legal collection patrons. c. Designing and implementing community awareness and outreach campaigns about legal materials and services available through DPL. d. Identify gaps in law library resources and address as appropriate. 7. Every two years the State Court Administrator is required by ORS 192.245 to conduct an electronic survey of all county law libraries and the law library services provided by counties. DPL will respond to the survey from the State Court Administrator. 8. DPL will provide staff assistance for customers wishing to use legal materials and services. 9. By September 1st of each year, DPL will submit a report to the Deschutes County Deputy County Administrator outlining performance measures/indicators, accomplishments, and goals for the Law Library. 10. By September 1st of each year, DPL will submit to the Deschutes County Deputy County Administrator an invoice for Law Library services covering the services provided in that fiscal year. 11. DPL has copiers available on site, which will be accessible to the public, including litigants and attorneys, for the same cost and in the same manner as all other DPL patrons. C. Mutual Obligations and Understandings: 1. A representative or representatives of Deschutes County and DPL shall meet at least annually to discuss and resolve issues relating to concerns or other matters of interest to either party. 2. To provide law library services for Fiscal Year 2017-18, Deschutes County will pay DPL at least $12,500 per month and, if mutually agreed to, up to the monthly equivalent amount provided by the Oregon Judicial Department for Deschutes County's law library distribution. For subsequent fiscal years, staff from Deschutes County and DPL will mutually agree on a monthly amount for services and submit as part of the Deschutes County and DPL budget processes. The payment from Deschutes County may be used for Law Library staffing; staff training; cataloging of materials; equipment, supplies, computers, shelving; on-line legal databases; and/or databases and printed materials. Deschutes County shall remit payment for Law Library services within one month of receiving an invoice from DPL. 3. In partnership with DPL staff, Deschutes County staff may agree to pay DPL for one-time expenses related to special projects or special requests in relation to providing law library services. 4. This MOU shall automatically renew on an annual basis, unless any party sends written notice of termination to the other party, at least 90 days before the expiration of this MOU or renewal thereof. 5. If DPL ceases from providing Law Library services on behalf of Deschutes County, the DCLL collection will return to Deschutes County unless otherwise specified by Deschutes County. 6. If any party shall be unable to perform any of its obligations under this MOU due to revenue shortfall, the parties shall meet to renegotiate their respective obligations in an attempt to avoid termination of this MOU. If such a meeting does not yield resolution, obligations under this MOU shall terminate and cease after 90 days written notice by either party. 7. Deschutes County intends to continue to use the money it receives from the Oregon Judicial Department to fund the Law Library and does not intend to spend General Fund resources on the Law Library, even if revenue from the Oregon Judicial Department for county law libraries decreases in future years. D. Indemnity and Hold Harmless. 1. To the fullest extent authorized by law DPL shall defend, save, hold harmless and indemnify the County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without limitation any claims that the work, the work product or any other tangible or intangible items provided by DPL may be the subject of protection under any state or federal intellectual property law or doctrine. 2. DPL shall have control of the defense and settlement of any claim that is subject to this agreement; however, neither DPL nor any attorney engaged by DPL shall defend the claim in the name of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner determined appropriate by the County's legal counsel, authority to act as legal counsel for the County, nor shall DPL settle any claim on behalf of the County without the approval of the County's legal counsel. 3. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify DPL and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Deschutes County Board of Commissioners Tammy Baney, Chair Date Deschutes Public Library District Todd Dunkelberg, Library Director Date MEMORANDUM OF UNDERSTANDING BETWEEN DESCHUTES COUNTY AND DESCHUTES PUBLIC LIBRARY FOR LAW LIBRARY SERVICES (Deschutes County Document Number: 2015-567) WHEREAS, the Deschutes County Law Library (DCLL) collection is a valuable resource for the public, including litigants and attorneys; and WHEREAS, ORS 9.815 states: County law libraries and law library services. (1) Each county shall: (a) Operate a free law library at a location that is convenient and available at reasonable hours; or (b) Provide free law library services at one or more locations that are convenient and available at reasonable hours. (2) A county governing body may enter into a contract with a law library association or other organization for the operation of the law library, or the provision of law library services, required by this section. [2011 c.224 §1; 2011 c.595 §176); and WHEREAS, The Deschutes Public Library (DPL) strives for residents to access the resources they need to make informed decisions about health, finance and other life choices; and WHEREAS, moving the DCLL to DPL will increase access, maintenance and services to the public, litigants and attorneys; NOW, THEREFORE, Agreement made this 15' day of October 2015, between Deschutes County and Deschutes Public Library, as set forth below: A. Obligations of Deschutes Public Library 1. DPL will house the DCLL collection. Space available for the collection will be constrained by available shelving at DPL facilities. DPL will assume ownership of the DCLL collection. 2. Litigants, attorneys and the general public shall have access to all materials during normal DPL operating hours and shall have borrowing privileges according to DPL's normal rules, including rules that apply to non -circulating materials. 3. DPL staff will, as time permits, stamp the DCLL collection as property of DPL, and catalog the collection. 4. DPL will assign a Librarian with a Master of Library Science degree to serve as the Law Library lead. The Law Library lead will be a librarian qualified to assist legal research who will have primary responsibility for law library services. The obligations of this position include: A. Maintaining professional relations with: the local legal community, such as the Deschutes County Bar Association, Circuit Court Administration and Legal Aid; the State Law Library; and state and national Law Library organizations. B. Preparing materials, training, and advising library staff on assisting legal collection patrons. C. Designing and implementing community awareness and outreach campaigns about legal materials and services available through DPL. DC 2015-5 5. Every two years the State Court Administrator is required by ORS 192.245 to conduct an electronic survey of all county law libraries and the law library services provided by counties. DPL will respond to the survey from the State Court Administrator, 6. DPL will provide staff assistance for customers wishing to use legal materials and services. 7. By August 1st of each year, DPL will submit a report to the Deschutes County Deputy County Administrator outlining performance measures/indicators, accomplishments, and goals for the Law Library. 8. By January 31, 2016, DPI will submit to the Deschutes County Deputy County Administrator an invoice for Law Library services covering the services provided for Fiscal Year 2015.16. For subsequent fiscal years, by August 1st of each year, DPL will submit to the Deschutes County Deputy County Administrator an invoice for Law Library services covering the services provided in that fiscal year. 9. DPL has copiers available on site, which will be accessible to the public, including litigants and attorneys, for the same cost and in the same manner as all other DPL patrons. B. Obligations of Deschutes County: 1. Deschutes County will arrange for and pay to relocate the DCLL collection, or dispose of unwanted materials, to DPL. This collection of books and legal materials will become the property of DPL. C. Mutual Obligations and Understandings: 1, A representative or representatives of Deschutes County and DPL shall meet at least annually to discuss and resolve issues relating to concerns or other matters of interest to either party. 2. Deschutes County will pay DPL $12,500 per month to provide Law Library services for Fiscal Year 2015-16 and FY 2016-17. For subsequent fiscal years, staff from Deschutes County and DPL will mutually agree on a monthly amount for services and submit as part of the Deschutes County and DPL budget processes. The payment from Deschutes County may be used for Law Library staffing; staff training; cataloging of materials; equipment, supplies, computers, shelving; on-line legal databases; and/or databases and printed materials, Deschutes County shall remit payment for Law Library services within one month of receiving an invoice from DPL. 3. This MOU shall continue in force from one year from the date of agreement. This MOU shall automatically renew on an annual basis, unless any party sends written notice of termination to the other party, at least 90 days before the expiration of this MOU or renewal thereof. 4. If DPL ceases from providing Law Library services on behalf of Deschutes County, the DCLL collection will return to Deschutes County unless otherwise specified by Deschutes County. 5. If any party shall be unable to perform any of its obligations under this MOU due to revenue shortfall, the parties shall meet to renegotiate their respective obligations in an attempt to avoid termination of this MOU. If such a meeting does not yield resolution, obligations under this MOU shall terminate and cease after 90 days written notice by either party. 6. Deschutes County intends to continue to use the money it receives from the Oregon Judicial Department to fund the Law Library and does not intend to spend General Fund resources on the Law Library, even if revenue from the Oregon Judicial Department for county law libraries decreases in future years. D. Indemnity and Hold Harmless. 1, To the fullest extent authorized by law DPL shall defend, save, hold harmless and indemnify the County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without limitation any claims that the work, the work product or any other tangible or intangible items provided by DPL may be the subject of protection under any state or federal intellectual property law or doctrine. 2. DPL shall have control of the defense and settlement of any claim that is subject to this agreement; however, neither DPL nor any attorney engaged by DPL shall defend the claim in the name of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner determined appropriate by the County's legal counsel, authority to act as legal counsel for the County, nor shall DPI settle any claim on behalf of the County without the approval of the County's legal counsel. 3. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify DPL and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Deschutes County Board of Commissioners Anthony DeBone, Chair ,424. RA4,444-- Alan Unger, Vice Chair Jv\ e / Tammy Baney, Commiss(oOr Deschutes Public Library District Todd Dunkelberg, Library Direct s3 -1C Date 7-2/--) S Date Date `7/z // Date Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 19, 2017 DATE: May 25, 2017 FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117 TITLE OF AGENDA ITEM: Smoke Management Review Committee Tour PUBLIC HEARING ON THIS DATE?: No The Oregon Department of Forestry has asked me to help coordinate a field tour here in Deschutes County as part of the June meeting of the recently formed Smoke Management Review Committee. The Board of County Commissioners are being invited to the field tour portion of the meeting. The purpose of the tour is to discuss with the committee the challenges and need for prescribed fire next to our communities to provide increased community and firefighter safety. In addition to yourselves we'll have staff from the Deschutes National Forest and possibly Deschutes Collaborative members and City of Bend officials to provide a local perspective. We're planning on meeting at the Sisters Fire Department on Tuesday, June 27th about 9:00 a.m. and traveling to a field site, likely west of Bend, and returning to Sisters by lunchtime. The committee will then meet for the afternoon. Office Phone 503-229-5177 503-945-7204 david.collier@state.or.us Doug.Grafe@oreaon.gov 541-923-6670 541-935-2507 ext 55510 503-808-2390 503-808-2918 971-673-1053 541-882-8846 ext 3507 208-378-5764 541-736-1056 ext. 216 360-921-1484 N N 00 CO ID N 1D d•N -1 e-1 0 V) 503-586-1244 503-364-1330 541-756-0904 Ext. 1246 541-620-2546 503-588-1813 541-664-2757 503-945-7451 503-229-6610 503-945-7425 503-945-7220 503-341-5547 541-620-2546 541-549-2140 503-221-6911 ext. 115 503-934-8146 541-322-7117 503-310-8736 541343-1010 ext. 308 503-802-8133 503-871-5733 541-552-2066 541-676-5021 x112 a `o o 1 E 0 6 b1 su aJ > p> > p E°s of O [ c 3bf o 0 0°aJ N (xi bo 1,1 u 0 V @ g bf gl OoCo C ` v °ro°° v @FSE 4-4 n bc v 7 c (1)• E bs.`1,2 6 O v s w O U>g o g o u c earo ° @ ca romc@4 E OU .ro tp@w 2i "O O . u Q C O o p u ea O Zco ©N @' aJ E@ co > @' aJ 2 c. u@ o@ cu c io v o o 1 u ro LC) c@ CO 0 0 °CO acJ *, 0 > a)@ T'g E 00-6cE _ > vIN @C) p y • 43 > t aJ N i N C L9 '- C Y> o C .m w .m C Vi C b• i 4 bl L .._. �u -o 0 c) __. 0 E v ° n E i 0 0 .0 E " 'c c 0 0 .00 v :0 D T CO .0 u aJ C 0. aJ Q O 61 �L�, OA C U FoN c6 Q O c '^ _c 0. v E v C• 0 J QJ vK c T y' C aJ +, 0 n N OO =°' O O Y N Ct .0 N O ,- C aN Y E c p . 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COUNTY JULY 11, 2017 BEND CHAMBER OF COMMERCE "WHAT'S BREWING SERIES" Introductions FY2018 Budget Highlights Growth, and how we're managing it Affordable housing Capital projects Questions Deschutes County, Oregon Proposed Budget Fiscal Year 201 g 6/19/2017 1 • FY2018 Budget • Maintaining and expanding service levels strategically • Total proposed budget is $358,509,076 •935 Employees • Deschutes County growth among nation's fastest • 3 Cent Reduction in Property Taxes o Increase in assessed valuation enables Deschutes County to levy less than the full rate o Approximately $600,000 forgone $ reduction on a house valued at $250,000 • Proposed Crisis Stabilization and Sober Center • Partnership between Sheriff's Office, Health Services and oth • Center would better address needs of residents in crisis who referred to law enforcement Staffing Levels/Capacity Business activity and employment continues to be strong as nearly all sectors continue to experience growth Increased growth results in increased demand for services Transportation System Planning Record growth in traffic volume on County system County Capital Improvement Project development and bridge replacement. Development Responsiveness Permitting Lot of Record 6/19/2017 2 Developing opportunities for increased flexibility and efficiency in land use ■ Legislative Initiatives ■ Non -Resource Land Designations ■ Accessory Dwelling Units ■ UGB Expansion Rules Road Department Old Bend -Redmond Highway corridor improvements Solid Waste Evaluating how we will process solid waste after Knott Landfill reaches its capacity 9-1-1 Service District Completion of a new Public Safety Communications and computer- aided dispatch (CAD) project 6/19/2017 3 Enhancing the lives of citizens by delivery quality services in a cost-effective manner. 6/19/2017 4 -VES 0 w 0 -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 19, 2017 DATE: May 18, 2017 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: County College Update / Review PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Whitney Hale SUMMARY: Review of draft BOCC / Admin presentation for County College. The presentation is scheduled for Tuesday, August 29. --(ES 0 LI., 0 -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 19, 2017 DATE: June 14, 2017 FROM: David Doyle, Legal, 541-388-6625 TITLE OF AGENDA ITEM: Lot of Record Discussion PUBLIC HEARING ON THIS DATE?: Yes ATTENDANCE: Adam Smith, David Doyle, Nick Lelack, Peter Gutowsky, Will Groves and Anthony Raguine BACKGROUND AND POLICY IMPLICATIONS: As directed by the Board, Deschutes County Legal Counsel and Planning staff is collaboratively preparing a text amendment addressing "lots of record" in all Deschutes County Code sections. Current code sections require lots and parcel to meet a "lot of record" definition as a threshold requirement prior to other development occurring. The policy intention behind these current sections was to reasonably ensure that Tots and parcels met the zoning and land division laws in effect on the date the lot or parcel was put in its current configuration. However, over the years the "lot of record" sections and policies implementing those sections evolved as it become harder for predecessor -in -interest to demonstrate that lots and parcels created decades earlier were legally created due to lost documents and lost institutionalized knowledge. Not all of the evolved "lot of record" policies were codified, thereby necessitating re -working all current "lot of record" code sections at this time. It is anticipated the draft text amendment, which will be distributed during the work session, will delete in its entirety the current "lot of record" definition in DCC 18.04.030 as well as add other new definitions to that section. Further, an entirely new section is anticipated in DCC 18.08 that will govern when units of land will be developable. Last, it is anticipated that a handful of other sections will receive minor semantic amendments to correspond to the new terms and provisions implemented by the aforementioned changes. Overall, the policy intention behind the proposed text amendment remains the same: to reasonably ensure that lots and parcels met the zoning and land division laws in effect on the date the unit of land was put in its curent configuration. The difference is that the proposed text amendments are anticipated to provide more certainty to both applicants and the County by clarifying code language and codifying policies. As a final matter, Deschutes County Legal Counsel and Planning staff will introduce a possible additional text amendment to DCC 22.20.015 concerning the approval of land use permits to properties with pending code violations. It recently was discovered that the aforementioned provision may be in conflict with Chapters 1.16 and 1.17 governing code enforcement procedures. RECOMMENDATION & ACTION REQUESTED: No formal action required. Board of County Commissioners Work Session —June 19, 2017 Lot of Record Text Amendment Two Step or One Step Text Amendment? Issue? Pros/Cons Two Step: Pros: Step 1: Proceed w/ a second Lot of Record text • Immediately addresses the significant number amendment reinstating pre-Grimstad policy by of day-to-day Lot of Record complaints. adding that lots/parcels that previously received • Allows more time to build stakeholder support land use, building, or septic permits are Lots of around comprehensive text amendment. Record. • Allows more time to research how other counties address the issue. Step 2: Take more time to further develop the • Similarly situated? comprehensive text amendment. • Similar code? • Similar process? • Quick process; big impact. Cons: • Does not address more nuanced issues posed by other recent Lot of Record cases. • Delays the final solution. • Disenfranchises applicants needing Lot of Record verification in the near-term. • Risks adverse appellate decision. One Step: Pros: Proceed immediately with initial draft • Potentially expedites final solution. comprehensive text amendment. • Maximizes staff resources. • One appeal. Cons: • Greater risk of unintended consequences. • Less stakeholder support for solution. • More difficult public process. • Public vetting after adoption.