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2017-573-Minutes for Meeting August 16,2017 Recorded 9/14/2017Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ2017-573 09/14/2017 11:54:29 AM IIIIIIIIIIIIIIIIIIIIIIIIJII 1111 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, August 16, 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. No representatives from the media were present. CALL TO ORDER: Chair Baney opened the meeting at 1:32 p.m. ACTION ITEMS 1. Consideration of Victims of Crime Act Criminal Fine Account Program Grant Ashley Beatty, Program Coordinator, presented this item for consideration. Ms. Beatty reported on the request to consider submitting the application to renew the grant funding. This grant continues the funding of three staff and an additional advocate to service Juvenile Justice. Given the increase of crime there is a need for more advocates. There is an expansion project line for $64,088 per year to fund a .75 FTE to serve Juvenile Justice and she is asking for support to apply for that. This is a two-year non- competitive grant. Currently there is a shared position with the Community Juvenile Justice department and the advocate would work for Ms. Beatty and be stationed at Juvenile Justice. There is workspace available for this position. Discussion held on services mandated to be provided to the community delegated to victim's rights. The Minutes of Board of Commissioners' Work Session August 16, 2017 Page 1 of 6 posting for this position will be stated as limited duration and continuation of the employment is through grant funding. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion Carried 2. COCC Facilities Master Plan Matt McCoy, Vice President for Administration, shared current planning for the facilities on campus with a ten-year facilities master plan. Mr. McCoy reviewed the framework and guiding principles. Mr. McCoy pointed out a survey open for public opinions at www.cocc.edu/FMP. COCC wants to increase their outreach and technologies. Campuses are in Bend, Redmond, Madras, Prineville, and La Pine. Mr. McCoy reviewed the ten year plan for the Bend and Redmond campuses. There is a partnership level of coordination between OCU — Cascades and COCC. Programs are located at certain campuses due to the general need of that area. 3. ODOT Noise Variance Permit Requests Peter Gutowsky, Isabelle Liu, Zech Heck, and Caroline House of Community Development Department presented this item for discussion and gave a brief overview on three noise variance requests. A public hearing is scheduled next Wednesday, August 23rd at the Board's Business Meeting. Three separate Oregon Department of Transportation noise variance requests for construction on segments of Highway 20 and Highway 97 are requested to allow nighttime construction between the hours of 10:00 p.m. and 7:00 a.m. Each permit was reviewed including work involved for those particular projects. The projects address safety improvements to US 97: Sunriver Interchange — OR31, US 20 Jack Lake Road — Pine Street, and US 97 Ford Lane -Peter S. Ogden State Park. Robert Townsend, ODOT, was present to answer any questions on the projects. CDD will meet with ODOT in the fall on options for the process of noise variance permits. Impacts to constituents factor into considerations and the importance of public awareness. Minutes of Board of Commissioners' Work Session August 16, 2017 Page 2 of 6 4. An Appeal of a Hearing's Officer Approval for a Temporary Use Permit for a Medical Hardship Dwelling in the Exclusive Farm Use Zone Peter Gutowsky and Nicole Mardell of Community Development Department presented the timeline and process. The application for a temporary use permit for medical hardship dwelling was submitted to house the property owner's mother during the duration of a medical illness. Staff felt the application met the criteria and was appealed. The reasons for the appeal were reviewed. The hearing's officer decision was appealed as well. The final day for public hearing would be August 28th if the Board decides to hear the appeal. The Board reviewed whether to take the appeal or not. If the Board doesn't hear the appeal it will go before Land Use Board of Appeals. Commissioner DeBone feels he couldn't add more than what has already been determined. Commissioner Henderson is not opposed to hear it but feels it could be an item we may see more of. Medical hardship determination requires three pieces of information: proximity of dwelling, relationship of the applicant, and doctor's note that is resubmitted each year. Decommissioning is based on state law and the hardship status is monitored by CDD. Commissioner Baney asked for the standards and clarity the Board could offer on this particular case. Ms. Mardell noted the hearings officer determinations which are included in her staff report. The Board expressed the decision to not hear the appeal. DEBONE: Move to approve the order to deny the hearing. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion Carried 5. Letter of Support for Justice Reinvestment Initiative Grant Application Trevor Stephens, Administrative Analyst presented the item for consideration and asked for support of a grant application for the Justice Reinvestment Initiative. This grant opportunity is afforded by the State of Oregon through the Criminal Justice Commission. The grant provides funding over two years and is included in the fiscal 2018 budget. This item was submitted for consideration to the Local Public Safety Coordinating Council and was supported. HENDERSON: Move approval of signature on letter of support DEBONE: Second Minutes of Board of Commissioners' Work Session August 16, 2017 Page 3 of 6 VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion Carried 6. County College Slide Review Christopher Ogren, Administrative Intern reviewed the County College slides for the first evening of Tuesday, August 29th. Recommendations made for revisions. The Legal Counsel will be included in the evening as well. Revisions will be made and brought back to the Work Session of August 23rd 7. State of the County Address Review Christopher Ogren, Administrative Intern reviewed the slide presentation for the Redmond State of the County Address that is scheduled for Thursday, August 31St Recommendations made for revisions. Information regarding small business loans made to businesses in the Redmond area will also be included. Revisions will be made and brought back to the Work Session of August 23rd EXECUTIVE SESSION: At 3:34 p.m., the Board went into Executive Session under ORS 192.660 (2) (i) Personnel. The Board came out of Executive Session at 3:37 p.m. OTHER ITEMS: • Fair and Expo Event Request Dan Despotopulos, Fair and Expo Director presented for consideration an event request for a Marijuana THC Fair. The event was held at the fairgrounds in 2016 but due to the Minutes of Board of Commissioners' Work Session August 16, 2017 Page 4 of 6 many questions on marijuana law last year it was held at another venue as one of the classes was on a joint rolling class and the decision was made to not approve the space for 2017. They are requesting to hold their event at the fairgrounds in 2018 and Mr. Despotopulos requests Board input. Discussion held on OLCC rules on trade shows. The item is include on the next Fair Board agenda. The Board is not opposed to the event stating no reason has been presented to deny. EXECUTIVE SESSION: At 3:52 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 4:30 p.m. OTHER ITEMS continued: • During the upcoming weekend due to the Eclipse, the Fair and Expo is not allowing any parking at the fairgrounds. Any requests need to go through Nathan Garibay, Emergency Services Manager. • Commissioner DeBone presented a letter to DEQ in support of Neighborlmpact for driver's fuel and maintenance funding through the DEQ Material's Management grant program. DEBONE: Move approval of Board signature HENDERSON: Support VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion Carried • Commissioner Henderson inquired if the Board would be interested in sponsoring Sunriver La Pine Economic Development Lunch at approximately $300. SLED may contact Judith Ure for a discretionary grant application. The luncheon is scheduled for September. Minutes of Board of Commissioners' Work Session August 16, 2017 Page 5 of 6 ADJOURN: Being no further discussion, the meeting adjourned at 4:50 p.m. DATED this <. Day of 2017 for the Deschutes County Board of Commissioners. ATTES --'Recording Secretary L, 1 1)71U'k Tammy Baney, Ch it (;140LV\----- Anthony DeBone, Vic Chair Philip G. H i.erson, Commissioner Minutes of Board of Commissioners' Work Session August 16, 2017 Page 6 of 6 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, AUGUST 16, 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. Consideration of Victims of Crime Act Criminal Fine Account Program Grant - Ashley Beatty, Program Coordinator 2. COCC Facilities Master Plan - Matt McCoy 3. ODOT Noise Variance Permit Requests - Caroline House, Assistant Planner 4. An Appeal of a Hearings Officer Approval for a Temporary Use Permit for a Medical Hardship Dwelling in the Exclusive Farm Use Zone - Nicole Mardell, Associate Planner Action Requested: Board Decision on Appeal 5. Letter of Support for JRI Grant Application - Trevor Stephens, Administrative Analyst 6. County College Slide Review - Christopher Ogren, Admin Intern 7. State of the County Address Review - Christopher Ogren, Admin Intern EXECUTIVE SESSION Board of Commissioners Work Session Agenda Wednesday, August 16, 2017 Page 1 of 2 8. Executive Session under ORS 192.660 (2) (h) Litigation 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. OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. ADJOURN O® 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. k FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetinqcalendar (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, August 16, 2017 Page 2 of 2 G<; Co 7 01 I Q A- - -0 _ 9 ;-- . .1gr Z, _c_:) AGENCY T ''.' ,.,,K) 4_, a' 70 6, (-0, cs, ex' G CVe"� C, N • 4 7 G , U r"' V' \,.... r), CONTACT INFO f Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutesorg AGENDA REQUEST & STAFF REPORT For Board -W of I< 5.e. -5-510'm of as soon as possible DATE: 8/7/2017 FROM: Ashley Beatty Victims Assistance Program 317-3186 TITLE OF AGENDA ITEM: Consideration of board approval to apply for Victims of Crime Act Criminal Fine Account Program Grants. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The Victims of Crime Act and the Criminal Fine Account grants have partially funded the Deschutes County Victims Assistance Program for years. These funds are intended to be used to support victim services as described in Oregon Revised Statute chapter 147. This year, each area will be given the opportunity to apply for an expansion project. Additional funding is being sought to support victims of the juvenile crimes. FISCAL IMPLICATIONS: This is a combination of a new grant application and continuing existing funding that is already taken into account in the county's budget. RECOMMENDATION & ACTION REQUESTED: ATTENDANCE: Ashley Beatty, Victims Assistance Program Coordinator will attend the Board meeting and can answer any questions posed by the Board or administration. DISTRIBUTION OF DOCUMENTS: A copy of the grant application is available for review. These applications are non-competitive applications meant to build capacity of local victims assistance programs. 1/12/16 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 August 16, 2017 DATE: August 10, 2017 FROM: Ashley Beatty, District Attorney's Office, TITLE OF AGENDA ITEM: Consideration of Victims of Crime Act Criminal Fine Account Program Grant PUBLIC HEARING ON THIS DATE?: No Deschutes County Victims Assistance Program GRANT APPLICATION REQUEST Official Grant Title: Victims of Crime Act Criminal Fine Account Program Grants Source of Grant Funds: Department of Justice Funding Amount (include amount per year if multiple years): See the attached pages. There are 3 grants, each for 2 years Required Matching Funds (if applicable): See the attached pages which outline the match for each grant Application Due Date and Submission Method: 9/7/2017 via eGrants FTE Required and Cost of FTE: This grant continues the funding of 3 staff- Ashley Beatty, Keaton Boileau and Kaeli Snyder. It would fund an additional advocate to service Juvenile Justice Staff Responsible: Ashley Beatty Grant Administrator (if awarded): Ashley Beatty Please answer the following questions: 1. Briefly summarize what work the grant is intended to accomplish: These grant funds are intended to serve victims of crime as required by Oregon Revised Statute chapter 147. 2. Would this support core program activities and, if so, which one(s)? Are additional funds needed to support these activities? These funds are intended to be used to support victim services as described in Oregon Revised Statute chapter 147. Additional funding is being sought to support victims of the juvenile crimes. 3. Does this funding add new program activities? If so, what are the activities? Is it appropriate to add these new activities at this time? Victims Assistance used to fund a position that would meet all Juvenile Justice needs. That FTE had to reduce their time serving Juvenile, which resulted in a reduction in services to juvenile victims of crime. The additional funding would 4. How long would the funding be available? If the funding is for less than three years, what is the plan to transition the work, staffing and expenses after the funding ends? Funding is ongoing, but issued every two years. Per CVSD, they do not anticipate a drop in funding levels. Program Maximum Year 1 Allocation Maximum Year 2 Allocation Total Match Amount Total 2017 - 2019 Allocation ABC House $79,276.00 $79,276.00 $39,638.00 $198,190.00 Amani Center $47,627.00 $47,627.00 $23,813.50 $119,067.50 Baker County District Attorney $46,182.00 $46,182.00 $23,091.00 $115,455.00 Bay Area Hospital $51,795.00 $51,795.00 $25,897.50 $129,487.50 Benton County District Attorney $89,173.00 $89,173.00 $44,586.50 $222,932.50 CARES Northwest $279,038.00 $279,038.00 $139,519.00 $697,595.00 Children's Center of Clackamas County $99,384.00 $99,384.00 $49,692.00 $248,460.00 Clackamas County District Attorney $227,657.00 $227,657.00 $113,828.50 $569,142.50 Clatsop County District Attorney $65,673.00 $65,673.00 $32,836.50 $164,182.50 Columbia County District Attorney $64,396.00 $64,396.00 $32,198.00 5160,990.00 Columbia Gorge Children's Advocacy Center $49,293.00 $49,293.00 $24,646.50 $123,232.50 Coos County District Attorney $80,039.00 $80,039.00 $40,019.50 $200,097.50 Crook County District Attorney $52,942.00 $52,942.00 $26,471.00 $132,355.00 Curry County District Attorney $53,394.00 $53,394.00 $26,697.00 $133,485.00 Deschutes County District Attorney $140,101.00 $140,101.00 $70,050.50 $350,252.50 Douglas CARES $60,478.00 $60,478.00 $30,239.00 $151,195.00 Douglas County District Attorney $109,061.00 $109,061.00 $54,530.50 $272,652.50 Dougy Center Inc. $40,000.00 $40,000.00 $20,000.00 $100,000.00 Elders in Action $40,000.00 $40,000.00 $20,000.00 $100,000.00 Gilliam County District Attorney $41,221.00 $41,221.00 520,610.50 $103,052.50 Grant County District Attorney $43,287.00 $43,287.00 $21,643.50 $108,217.50 Guardian Care Center $58,340.00 $58,340.00 $29,170.00 $145,850.00 Harney County District Attorney $44,394.00 $44,394.00 $22,197.00 $110,985.00 HASL - Project DART $60,473.00 $60,473.00 $30,236.50 $151,182.50 Helping Hearts $40,744.00 540,744.00 $20,372.00 $101,860.00 Hood River County District Attorney $51,019.00 $51,019.00 $25,509.50 $127,547.50 Jackson County Child Abuse Task Force $85,404.00 $85,404.00 $42,702.00 $213,510.00 Jackson County District Attorney $187,782.00 $187,782.00 $93,891.00 $469,455.00 Janus Youth Programs $40,000.00 $40,000.00 $20,000.00 $100,000.00 Jefferson County District Attorney 552,162.00 552,162.00 $26,081.00 $130,405.00 Josephine CAC $53,838.00 $53,838.00 $26,919.00 $134,595.00 Josephine County District Attorney $86,988.00 $86,988.00 $43,494.00 $217,470.00 Juliette's House $65,355.00 $65,355.00 $32,677.50 $163,387.50 Kids FIRST $107,394.00 $107,394.00 $53,697.00 $268,485.00 VOCA/CFA Non -Competitive RFA 2017-19 Kids Intervention and Diagnostic Center $81,498.00 $81,498.00 $40,749.00 $203,745.00 Klamath County District Attorney $74,545.00 $74,545.00 $37,272.50 $186,362.50 Klamath -Lake CARES $51,507.00 $51,507.00 $25,753.50 $128,767.50 Lake County District Attorney $43,509.00 $43,509.00 $21,754.50 $108,772.50 Lane County District Attorney $271,227.00 $271,227.00 $135,613,50 $678,067.50 Liberty House $113,365.00 $113,365.00 $56,682.50 $283,412.50 Lighthouse for Kids $47,753.00 $47,753.00 $23,876.50 $119,382.50 Lincoln County Children's Advocacy Center $48,602.00 $48,602.00 $24,301.00 $121,505.00 Lincoln County District Attorney $70,713.00 $70,713.00 $35,356.50 $176,782.50 Linn County District Attorney $120,353.00 $120,353.00 $60,176.50 $300,882.50 Malheur County District Attorney $62,265.00 $62,265.00 $31,132.50 $155,662.50 Marion County District Attorney $232,121.00 $232,121.00 $116,060.50 $580,302.50 Morrow County District Attorney $45,929.00 $45,929.00 $22,964.50 $114,822.50 Mt. Emily Safe Center $47,561.00 $47,561.00 $23,780.50 $118,902.50 Multnomah County District Attorney $533,759.00 $533,759.00 $266,879.50 $1,334,397.50 Next Door, Inc. $40,000.00 $40,000.00 $20,000.00 $100,000.00 Northwest Human Services, Inc. $45,194.00 $45,194.00 $22,597.00 $112,985.00 Old Mill Center $40,000.00 $40,000.00 $20,000.00 $100,000.00 Parents of Murdered Children $40,000.00 $40,000.00 $20,000.00 $100,000.00 Polk County District Attorney $87,244.00 $87,244.00 $43,622.00 $218,110.00 Relief Nursery, Inc. $43,778.00 $43,778.00 $21,889.00 $109,445.00 Sherman County District Attorney $41,508.00 $41,508.00 $20,754.00 $103,770.00 Tillamook County District Attorney $54,138.00 $54,138.00 $27,069.00 $135,345.00 Umatilla County District Attorney $94,137.00 $94,137.00 $47,068.50 $235,342.50 Union County District Attorney $54,392.00 $54,392.00 $27,196.00 $135,980.00 Wallowa County District Attorney $42,570.00 $42,570.00 $21,285.00 $106,425.00 Wally's House $43,500.00 $43,500.00 $21,750.00 $108,750.00 Wasco County District Attorney $56,343.00 $56,343.00 $28,171.50 $140,857.50 Washington County District Attorney $313,194.00 $313,194.00 $156,597.00 $782,985.00 Washington County Sheriff's Office $52,973.00 $52,973.00 $26,486.50 $132,432.50 Wheeler County District Attorney $40,455.00 $40,455.00 $20,227.50 $101,137.50 Yamhill County District Attorney $93,266.00 $93,266.00 $46,633.00 $233,165.00 Total $5,721,309.00 $5,721,309.00 $2,860,654.50 $14,303,272.50 VOCA/CFA Non -Competitive RFA 2017-19 County 16-17 CFA Allocation 17-18 CFA Allocation 18-19 CFA Allocation Total 2017-2019 Allocation* Baker $17,327.56 $17,327.56 $17,327.56 $34,655.12 Benton $56,379.00 $56,379.00 $56,379.00 $112,758.00 City Beaverton $35,216.00 $35,216.00 $35,216.00 $70,432.00 City Eugene $20,750.00 $20,750.00 $20,750.00 $41,500.00 Clackamas $184,568.00 $184,568.00 $184,568.00 $369,136.00 Clatsop $34,811.00 $34,811.00 $34,811.00 $69,622.00 Columbia $32,962.00 $32,962.00 $32,962.00 $65,924.00 Coos $47,776.00 $47,776.00 $47,776.00 $95,552.00 Crook $22,617.00 $22,617.00 $22,617.00 $45,234.00 Curry $22,608.00 $22,608.00 $22,608.00 $45,216.00 Deschutes $101,980.00 $101,980.00 $101,980.00 $203,960.00 Douglas $75,029.00 $75,029.00 $75,029.00 $150,058.00 Gilliam $11,247.64 $11,247.64 $11,247.64 $22,495.28 Grant $13,415.63 $13,415.63 $13,415.63 $26,831.25 Harney $14,142.00 $14,142.00 $14,142.00 $28,284.00 Hood River $29,863.56 $29,863.56 $29,863.56 $59,727.12 Jackson $148,098.00 $148,098.00 $148,098.00 $296,196.00 Jefferson $21,555.00 $21,555.00 $21,555.00 $43,110.00 Josephine $54.076.00 $54,076.00 $54,076.00 $108,152.00 Klamath $47,037.68 $47,037.68 $47,037.68 $94,075.36 Lake $13,431.16 $13,431.16 $13,431.16 $26,862.32 Lane $205,921.00 $205,921.00 $205,921.00 $411,842.00 Lincoln $38,801.00 $38,801.00 $38,801.00 $77,602.00 Linn $85,222.00 $85,222.00 $85,222.00 $170,444.00 Malheur $32,924.64 $32,924.64 $32,924.64 $65,849.28 Marion $190,660.00 $190,660.00 $190,660.00 $381,320.00 Morrow $15,852.96 $15,852.96 $15,852.96 $31,705.92 Multnomah $470,099.00 $470,099.00 $470,099.00 $940,198.00 Polk $54,160.00 $54,160.00 $54,160.00 $108,320.00 Sherman $11,419.00 $11,419.00 $11,419.00 $22,838.00 Tillamook $23,275.00 $23,275.00 $23,275.00 $46,550.00 Umatilla $60,720.00 $60,720.00 $60.720.00 $121,440.00 Union $33,193.00 $33,193.00 $33,193.00 $66,386.00 Wallowa $13,138.10 $13,138.10 $13,138.10 $26,276.21 Wasco $25,296.00 $25.296.00 $25,296.00 $50,592.00 Washington $227,906.00 $227,906.00 $227,906.00 $455,812.00 Wheeler $10,806.83 $10,806.83 $10,806.83 $21,613.66 Yamhill $60,028.00 $60,028.00 $60,028.00 $120,056.00 Total $2,564,312.76 $2,564,312.76 $2,564,312.76 $5,128,625.51 * CFA payments and budget will be adjusted based on carryover from the 2015-2017 grant. VOCA/CFA Non -Competitive RFA 2017-19 Program Maximum Year 1 Allocation Maximum Year 2 Allocation Total Match Amount Total 2017-2019 Allocation Baker County District Attorney $ 41,488.00 $ 41,488.00 $ 20,744.00 $ 103,720.00 Benton County District Attorney $ 51,833.00 $ 51,833.00 $ 25,916.50 $ 129,582.50 Clackamas County District Attorney $ 85,158.00 $ 85,158.00 $ 42,579.00 $ 212,895.00 Clatsop County District Attorney $ 46,178.00 $ 46,178.00 $ 23,089.00 $ 115,445.00 Columbia County District Attorney $ 45,871.00 $ 45,871.00 $ 22,935.50 $ 114,677.50 Coos County District Attorney $ 49,635.00 $ 49,635.00 $ 24,817.50 $ 124,087.50 Crook County District Attorney $ 43,114.00 $ 43,114.00 $ 21,557.00 $ 107,785.00 Curry County District Attorney $ 43,223.00 $ 43,223.00 $ 21,611.50 $ 108,057.50 Deschutes County District Attorney $ 64,088.00 $ 64,088.00 $ 32,044.00 $ 160,220.00 Douglas County District Attorney $ 56,619.00 $ 56,619.00 $ 28,309.50 $ 141,547.50 Gilliam County District Attorney $ 40,294.00 $ 40,294.00 $ 20,147.00 $ 100,735.00 Grant County District Attorney $ 40,791.00 $ 40,791.00 $ 20,395.50 $ 101,977.50 Harney County District Attorney $ 41,057.00 $ 41,057,00 $ 20,528.50 $ 102,642.50 Hood River County District Attorney $ 42,652.00 $ 42,652.00 $ 21,326.00 $ 106,630.00 Jackson County District Attorney $ 75,562.00 $ 75,562.00 $ 37,781.00 $ 188,905.00 Jefferson County District Attorney $ 42,927.00 $ 42,927.00 $ 21,463.50 $ 107,317.50 Josephine County District Attorney $ 51,307.00 $ 51,307.00 $ 25,653.50 $ 128,267.50 Klamath County District Attorney $ 48,313.00 $ 48,313.00 $ 24,156.50 $ 120,782.50 Lake County District Attorney $ 40,845.00 $ 40,845.00 $ 20,422.50 $ 102,112.50 Lane County District Attorney $ 95,642.00 $ 95,642.00 $ 47,821.00 $ 239,105.00 Lincoln County District Attorney $ 47,391.00 $ 47,391.00 $ 23,695.50 $ 118,477.50 Linn County District Attorney $ 59,336.00 $ 59,336.00 $ 29,668.00 $ 148,340.00 Malheur County District Attorney $ 45,358.00 $ 45,358.00 $ 22,679.00 $ 113,395.00 Marion County District Attorney $ 86,232.00 $ 86,232.00 $ 43,116.00 $ 215,580.00 Morrow County District Attorney $ 41,427.00 $ 41,427.00 $ 20,713.50 $ 103,567.50 Multnomah County District Attorney $ 158,818.00 $ 158,818.00 $ 79,409,00 $ 397,045.00 Polk County District Attorney $ 51,369.00 $ 51,369.00 $ 25,684.50 $ 128,422.50 Sherman County District Attorney $ 40,363.00 $ 40,363.00 $ 20,181.50 $ 100,907.50 Tillamook County District Attorney $ 43,402.00 $ 43,402.00 $ 21,701.00 $ 108,505.00 Umatilla County District Attorney $ 53,027.00 $ 53,027.00 $ 26,513.50 $ 132,567.50 Union County District Attorney $ 43,463.00 $ 43,463.00 $ 21,731.50 $ 108,657.50 Wallowa County District Attorney $ 40,618.00 $ 40,618.00 $ 20,309.00 $ 101,545.00 Wasco County District Attorney $ 43,933.00 $ 43,933.00 $ 21,966.50 $ 109,832.50 Washington County District Attorney $ 105,741.00 $ 105,741.00 $ 52,870.50 $ 264,352.50 Wheeler County District Attorney $ 40,110.00 $ 40,110.00 $ 20,055.00 $ 100,275.00 Yamhill County District Attorney $ 52,818.00 $ 52,818.00 $ 26,409.00 $ 132,045.00 Total $ 2,000,003.00 $ 2,000,003.00 $ 1,000,001.50 $ 5,000,007.50 VOCA/CFA Non -Competitive RFA 2017-19 Ashley Beatty From: Loni Burk <Loni.Burk@deschutes.org> Sent: Monday, August 07, 2017 12:17 PM To: Ashley Beatty Subject: RE: Victim Advocate Cost The cost at step 1 for the first full year would be: Salary $29,797 Benefits 27,152 Total 56,949 The salary + benefit cost for FY 2018 assuming a start date of 1011/17 would be 75% of that or $42,712. The cost for the second full year at Step 2 assuming a 2% COLA and a 5% increase in health insurance would be: Salary $31,615 Benefits 28,097 Total 59,712 Let me know if you need anything further! Loeb 8ark/ Deschutes County Finance Department Financial/Budget Analyst 1300 NW Wall Street, Suite 200 Bend OR 97703 Voice (541) 388-6536 Fax (541)749-2909 From: Ashley Beatty[mailto:Ashley.Beatty@dcda.usj Sent: Monday, August 07, 2017 12:04 PM To: Loni Burk <Loni.Burk(deschutes.org> Subject: RE: Victim Advocate Cost There is a possibility that we get a bilingual candidate, but I didn't plan on making it a requirement since the additional person would serve solely juvenile justice. So, I no thank you. Ashley Beatty Victims' Assistance Program Coordinator Deschutes County District Attorney 1164 NW Bond Street Bend, Oregon 97703 541-317-3186 www.dcda.us www.facebook.com/deschutesDA *****CONFIDENTIALITY NOTICE***** 1 Ashley Beatty From: Loni Burk <Loni.Burk@deschutes.org> Sent: Wednesday, February 01, 2017 8:12 AM To: Ashley Beatty Subject: RE: Victim Advocate Cost Hi Ashley, The annual cost of a victim advocate at Step 1 starting 7/1 would be: Salary 39,537 Benefits 30,173 Total 69,710 Let me know if you need anything further. Lon ' w'ry Deschutes County Finance Department Financial/Budget Analyst 1300 NW Wall Street, Suite 200 Bend OR 97703 Voice (541) 388-6536 Fax (541) 749-2909 From: Ashley Beatty [xnailto:Ashley.Beatty(adcda.us] Sent: Wednesday, February 01, 2017 7:25 AM To: Loni Burk Subject: Victim Advocate Cost Hi Loni, Would you be able to provide me what a victim advocate would cost starting 7/1 please? Ashley Beatty Victims' Assistance Program Coordinator Deschutes County District Attorney 1164 NW Bond Street Bend, Oregon 97703 541-317-3186 www.dcda.us www.facebook.com/deschutesDA *****CONFIDENTIALITY NOTICE***** This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. 1 OpSMs COCC Master Plan MASTER PLAN FRAMEWORK / GUIDING PRINCIPLES BROADER REACH OF COCC o Expand branch campuses o Coordinated network approach o Improve technology for distance learning CREATE "CENTERS OF EXCELLENCE" o Bend Academic Transfer, Career and Technical Education, Community Learning, Administrative Center o Redmond Career and Technical Education o Madras Agriculture, Early Childhood Education, Academic Transfer o Prineville Business, Academic Transfer o La Pine Academic Transfer REINFORCE COMMUNITY PARTNERSHIPS o Improve enrollment — Health Careers and Culinary o Improve facilities — Fire Science, Automotive, Computer Information Systems (CIS) o Redmond Technology Center o Performing Arts IMPROVE STUDENT LIFE o Activities to keep student on campus o Create and improve student gathering spaces o Student Center Expansion — dining, student organizations, casual recreation o Student Recreation — Mazama Gym, second athletic field o Support Student Diversity MAINTAIN A WELCOMING CAMPUS o Define the campus entrances/gateways and improve wayfinding o Pocket parks with arts o Campus Art o Safe and Secure IMPROVE INSTRUCTIONAL DELIVERY TOOLS o Create flexible learning environments o Improve classroom technology o Appropriate classroom and lab sizing — seat count and layout o Increase demonstration classrooms — pedagogy exploration o Distance Learning Technology — Academic Transfer ACADEMIC TRANSFER o Modernize classrooms and labs o University Center EDUCATION PARTNERS o School Districts o OSU Cascades and other Universities Access the Facilities Master Plan Survey at: ,WWW.C9 C. ed U/F 8 P ops s COCC Master Plan BEND CAMPUS - 10 YEAR PLAN Renovate / Expand Mazama Gym and New Recreation Field Support Student Life and Club Sports Expand Campus and Community Recreation Renovate Ochoco Hall New instructional space for Humanities — World Languages Expand / Renovate Pioneer Hall New instructional space for CIS Programs Improve Campus Technology Hub and Consolidate IT Staff Renovate Black Box in Pinckney Provide Multi-purpose large lecture space Renovate Juniper Hall Create Studio spaces for Art, Music, Visiting Scholars, Seminar Rooms, Special Projects, Elder Education/Hostel Renovate Deschutes Hall Provide Faculty Offices Provide Demonstration Classrooms — Pedagogy Exploration Renovate Metolius Hall Provide Faculty Offices and Seminar Space Renovate Ponderosa Hall Move Automotive to Redmond Campus Provide space for Campus Services Community Education Provide Campus Maker Spaces Campus Village Expansion Commercial and Housing by Developer Community Learning Facility Campus Infrastructure Close College Way, create Campus Mall and complete loop roads Expand North Parking Area Increase and improve Greenspaces and Paths Improve Campus Wayfinding BEND CAMPUS -10 YEAR New Rec Field Deschutes Reno' • Faculty Offices! • DemoClassroo'ms Metolius Reno / • ! Faculty Offices 'SeminarRooms Och'pcoReno' • World Languages • HLmanities k f, Mazama Reno ' and Expansion • Student Rec • Community/Ed' Auto Move to Redmond Jun , 3tq�iperioSpace ��. BBox art Renovailackion Mu, �, , • Vlstmsicg`Scholar • Lecture Seminar Roonls �.,• Multipurpose Special ProjecfS • Exercise NYSM • Campus Services """ Expansion • Community Learning • Maker Space C M US SEW4ICES VISITOR INFO BOOTH 10 -Year Pian NEW CONSTRUCTION • NEW GREENSPACE RENOVATION ' EXISTING GREENSPACE ;_. NEW ROAD NEW PARKING opsis COCC Master Plan REDMOND CAMPUS 10 YEAR PLAN Become a "Comprehensive Campus" College Administration Student Support Services and Testing Food Service Library Improve Existing Instructional Spaces General Purpose Classrooms Science and Instructional Labs Medical Assistant Vet Tech Building 2 (currently leased to the State) Renovate into a Student Center Technical Education Center Expand class offering to improve utilization Expand Manufacturing and Machining Move Automotive from Bend Renovate existing space or acquire additional space adjacent to existing campus Campus Infrastructure Improve Wayfinding and Campus Signage Improve pedestrian circulation with paths connection all Buildings. 1 E o -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of August 16, 2017 DATE: August 9, 2017 FROM: Caroline House, Community Development, 541-317-3148 TITLE OF AGENDA ITEM: ODOT Noise Variance Permit Requests PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Caroline House, Assistant Planner; Izze Liu, Assistant Planner; Zech Heck, Assistant Planner SUMMARY: Board consideration and approval of ODOT Noise Variance Requests. Three (3) separate Oregon Department of Transportation (ODOT) nighttime Noise Variance Requests for construction on segments of Highway 20 and Highway 97. The requests are to allow nighttime construction between 10PM and 7AM. The projects will address deteriorating pavement conditions, ruts, and operational issues. + m rirunity Development Department Planning ONisior► Suitt:kg Safety Division Environmental Soils nivixion P.O. Box 6005 117 N us Lafayette Avenue Bendt,. Oregon 97705-ia 5 Phone: (5,41) 382-6575 Fax: (541)385-1764 http,//ww,deschutes,orc/cd Noise Variance Permit Applications Applicant: Oregon Department of Transportation (ODOT) Application No. 247-17-000229-V -- US97: Sunriver Interchange — OR31 US 97: The noise variance request is located between the Sunriver Interchange to OR 31 (MP 153.7 to MP 169.8). This request does not include any work to be completed within the City of La Pine. The project will address deteriorating pavement conditions, ruts, and operational issues. Project components will include repaving approximately 16 miles of US 97 from the Sunriver Interchange to OR 31, safety improvements at the intersections of US 97/Vandevert Road and US 97/OR 31, upgrading signs and guardrails, and the installation of rumble strips and durable striping. The project is anticipated to be completed during a five week period between May 1, 2018 and October 15, 2018. Application No. 247-17-000230-V -- US20: Jack Lake Rd. — Pine St. US 20: Jack Lake Road to Pine Street project is located on the McKenzie -Bend Highway in Deschutes County and extends from Jack Lake Rd. (MP 88.2) to the Sisters city limits for approximately 12 miles along US 20. The pavement in this section is deteriorating rapidly. The existing pavement contains significant cracking and has begun to ravel (lose surface rock). The purpose of this project is to improve roadway conditions and safety by performing pavement preservation, placing durable striping, installing signs, and constructing rumble strips along this section of highway. The US 20: Jack Lake Rd. to Pine St. project will be constructed in summer 2018. Application No. 247-17-000231-V -- US97: Ford Lane — Peter S Ogden State Park US 97: The noise variance request is located between the Jefferson/Deschutes County Line (MP 112.83 to MP 113.60). This request does not include any work to be completed within Jefferson County (between MP 97.19 and MP 112.83). The project will address the deteriorating pavement conditions, ruts, and operational issues. The project proposes a grind and asphalt inlay with addition/replacement of rumble strips and striping. Construction of the pavement preservation is anticipated to begin in early March 2018. Q aUt 1 S't ice ' r rmed T•v f1 I ride G1 >..,.„., .,,� C G'- 0. Q .... 0 NHWY%97 : .._..NORTHW STWAY_.: ,... PN p�I`. Dar ti/ t' for Noise Variances Location Ma d � t CO 0 Y V Et CO ---,FRYREAR RD = N; a , �...y• 247-17-00023.0.- py,1aa1J oaiyy V 0 ! _ 2 OJ SNITIOO c� cc o !. >. ' 't3 y ..o • AM)Id ON39 C 03 o w Y i m f. Y2 Y Zy C 0 7-1 V" W L O 0 I— • a co p., O o i 1 W6 c 2 W z • c � F E 4j � L F X F v AS N> ) J M n Q. NI: N NtC 0 0 c 0 Y O N 0 • O C1 O (n v = O U) -) O = _ O ti r' h•C v- 1 .0 ti0) 1.,N 1`O Q 0 N= N CO D N M cC w 0 O 1 z z K w O N co 247-17-000229-V IS kis 1 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: US Highway 97 from milepost (MP) 153.7 to MP 169.8, excluding the segment of US Highway 97 within the City of La Pine, and including one disposal site (see attached Location Map) at the Gas Station Quarry (MP 155.50). The project will begin at the southern end of the unincorporated community of Sunriver on US Highway 97 and extend south through the City of La Pine to the intersection of OR Highway 31. FILE NUMBER: 247-17-000229-V OWNER: Oregon Department of Transportation (ODOT) OPERATOR: Robert Townsend PHONE: (541) 388-6252 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions, ruts, and operational issues. The project will include: 1. Grinding and removing existing pavement; 2. Repaving approximately 16 miles of US 97 from the Sunriver Interchange to OR 31; 3. Safety improvements at the intersections of US 97/Vandevert Road and at US 97/OR 31; 4. Upgrading of signs & guardrails; 5. Installation of rumble strips and durable striping; and 6. A disposal site at the Gas Station Quarry; DATES AND TIMES OF PROJECT: Construction activities are expected to begin May 1, 2018 with a completion date of October 15, 2018. Construction is anticipated to begin at the north end of the project limits and proceed south towards the City of La Pine. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m. FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface along US Highway 97; 2. A need to install centerline and shoulder rumble strips as a warning device to reduce accidents; 3. A need to upgrade signage for clarity and visibility; 4. A need to establish a disposal site in support of construction activities; and 5. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on US Highway 97, and comply with freight mobility agreements. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning May 1, 2018. PAGE 1 OF 2- DOCUMENT No. 2017-476 lit 0-Q'6 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires October 15, 2018. 4. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- DOCUMENT No. 2017-476 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: Highway 20 from milepost (MP) 88.2 to MP 99.2. The project will occur between Pine Street and Jack Lake Road (see Exhibit A, attached). FILE NUMBER: 247-17-000230-V OWNER: Oregon Department of Transportation (ODOT) OPERATOR: Robert Townsend PHONE: (541) 388-6252 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions. The project will include: 1. Pavement preservation (two-inch grind and asphalt inlay); 2. Installation of durable striping; 3. Sign upgrades; and 4. Constructing rumble strips. DATES AND TIMES OF PROJECT: Construction activities are expected between June 1 and October 15, 2018. The project is anticipated to take approximately 75 days to complete. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m. FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface along Highway 20; 2. A need to install rumble strips as a warning device to reduce accidents; 3. A need to upgrade signage for clarity and visibility; and 4. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on Highway 20, and comply with freight mobility agreements. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning June 1, 2018. 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires October 15, 2018. 4. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. PAGE 1 OF 2- DOCUMENT No. 2017-492 DC 2017.492 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- DOCUMENT No. 2017-492 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: US Highway 97 from the Jefferson/Deschutes County Line (MP 112.83) to MP 113.60, excluding the segment of US Highway 97 within Jefferson County. FILE NUMBER: 247-17-000231-V OWNER: Oregon Department of Transportation (ODOT) OPERATOR: Robert Townsend PHONE: (541) 388-6252 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions, ruts, and operational issues. The project will include: 1. Grind and asphalt inlay of travel lanes; 2. Addition/replacement of rumble strips; DATES AND TIMES OF PROJECT: Construction activities are expected to begin March 2018, starting on the north end of the project limits and progress south. The construction is anticipated to be done when nighttime paving temperatures are sufficient and will have a duration of 2 nights between March 1 and July 15, 2018. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m. FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface along US Highway 97; 2. A need to install centerline and shoulder rumble strips as a warning device to reduce accidents; 3. A need to upgrade signage for clarity and visibility; 4. A need to establish a disposal site in support of construction activities; and 5. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on US Highway 97, and comply with freight mobility agreements. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning March 1, 2018. 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires July 15, 2018. 4. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. PAGE 1 OF 2- DOCUMENT No. 2017-528 pc 2017°528 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- DOCUMENT No. 2017-528 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 August 16, 2017 DATE: August 9, 2017 FROM: Caroline House, Community Development, 541-317-3148 TITLE OF AGENDA ITEM: ODOT Noise Variance Permit Requests PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Caroline House, Assistant Planner; Izze Liu, Assistant Planner; Zech Heck, Assistant Planner SUMMARY: Board consideration and approval of ODOT Noise Variance Requests. Three (3) separate Oregon Department of Transportation (ODOT) nighttime Noise Variance Requests for construction on segments of Highway 20 and Highway 97. The requests are to allow nighttime construction between 10PM and 7AM. The projects will address deteriorating pavement conditions, ruts, and operational issues. Corn nunity Development Department Planning Division 8uitd ng Safety Division Environmental Soils OiVision P.O. Box 6005 117 NV Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http:,//www,desohutes.org/orf Noise Variance Permit Applications Applicant: Oregon Department of Transportation (ODOT) Application No. 247-17-000229-V -- US97: Sunriver Interchange — OR31 US 97: The noise variance request is located between the Sunriver Interchange to OR 31 (MP 153.7 to MP 169.8). This request does not include any work to be completed within the City of La Pine. The project will address deteriorating pavement conditions, ruts, and operational issues. Project components will include repaving approximately 16 miles of US 97 from the Sunriver Interchange to OR 31, safety improvements at the intersections of US 97Nandevert Road and US 97/OR 31, upgrading signs and guardrails, and the installation of rumble strips and durable striping. The project is anticipated to be completed during a five week period between May 1, 2018 and October 15, 2018. Application No. 247-17-000230-V -- US20: Jack Lake Rd. — Pine St. US 20: Jack Lake Road to Pine Street project is located on the McKenzie -Bend Highway in Deschutes County and extends from Jack Lake Rd. (MP 88.2) to the Sisters city limits for approximately 12 miles along US 20. The pavement in this section is deteriorating rapidly. The existing pavement contains significant cracking and has begun to ravel (lose surface rock). The purpose of this project is to improve roadway conditions and safety by performing pavement preservation, placing durable striping, installing signs, and constructing rumble strips along this section of highway. The US 20: Jack Lake Rd. to Pine St. project will be constructed in summer 2018. Application No. 247-17-000231-V -- US97: Ford Lane — Peter S Ogden State Park US 97: The noise variance request is located between the Jefferson/Deschutes County Line (MP 112.83 to MP 113.60). This request does not include any work to be completed within Jefferson County (between MP 97.19 and MP 112.83). The project will address the deteriorating pavement conditions, ruts, and operational issues. The project proposes a grind and asphalt inlay with addition/replacement of rumble strips and striping. Construction of the pavement preservation is anticipated to begin in early March 2018. Quality Sera' Per/ T ed with •j nde pit"" for Noise Variances Location Ma 247-17-00023.0:' _ fYs ``,a'•. , AMNd ON38 C NaVr��. co0 / O21SNIBl00 b\ •i FRYREAR RD's i1 r1 _ N L Ps 'I aJ aa"LL d2 y.+ O z 0 (0 N ti O i1N 0 U 0 OaNOloN1NnHctS J.:.:T- 1S HIS.. W 021 AVO 1 <s N O O O N REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: US Highway 97 from milepost (MP) 153.7 to MP 169.8, excluding the segment of US Highway 97 within the City of La Pine, and including one disposal site (see attached Location Map) at the Gas Station Quarry (MP 155.50). The project will begin at the southern end of the unincorporated community of Sunriver on US Highway 97 and extend south through the City of La Pine to the intersection of OR Highway 31. FILE NUMBER: 247-17-000229-V OWNER: Oregon Department of Transportation (ODOT) OPERATOR: Robert Townsend PHONE: (541) 388-6252 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions, ruts, and operational issues. The project will include: 1. Grinding and removing existing pavement; 2. Repaving approximately 16 miles of US 97 from the Sunriver Interchange to OR 31; 3. Safety improvements at the intersections of US 97/Vandevert Road and at US 97/OR 31; 4. Upgrading of signs & guardrails; 5. Installation of rumble strips and durable striping; and 6. A disposal site at the Gas Station Quarry; DATES AND TIMES OF PROJECT: Construction activities are expected to begin May 1, 2018 with a completion date of October 15, 2018. Construction is anticipated to begin at the north end of the project limits and proceed south towards the City of La Pine. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m. FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface along US Highway 97; 2. A need to install centerline and shoulder rumble strips as a warning device to reduce accidents; 3. A need to upgrade signage for clarity and visibility; 4. A need to establish a disposal site in support of construction activities; and 5. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on US Highway 97, and comply with freight mobility agreements. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning May 1, 2018. PAGE 1 OF 2- DOCUMENT No. 2017-476 DC 201° 4? 6 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires October 15, 2018. 4. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- DOCUMENT No. 2017-476 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: Highway 20 from milepost (MP) 88.2 to MP 99.2. The project will occur between Pine Street and Jack Lake Road (see Exhibit A, attached). FILE NUMBER: 247-17-000230-V OWNER: Oregon Department of Transportation (ODOT) OPERATOR: Robert Townsend PHONE: (541) 388-6252 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions. The project will include: 1. Pavement preservation (two-inch grind and asphalt inlay); 2. Installation of durable striping; 3. Sign upgrades; and 4. Constructing rumble strips. DATES AND TIMES OF PROJECT: Construction activities are expected between June 1 and October 15, 2018. The project is anticipated to take approximately 75 days to complete. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m. FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface along Highway 20; 2. A need to install rumble strips as a warning device to reduce accidents; 3. A need to upgrade signage for clarity and visibility; and 4. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on Highway 20, and comply with freight mobility agreements. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning June 1, 2018. 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires October 15, 2018. 4. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. PAGE 1 OF 2- DOCUMENT No. 2017-492 DC 2017 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- DOCUMENT No. 2017-492 REVIEWED LEGAL COUNSEL SIGN +& DATE For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOISE PERMIT PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08 LOCATION: US Highway 97 from the Jefferson/Deschutes County Line (MP 112.83) to MP 113.60, excluding the segment of US Highway 97 within Jefferson County. FILE NUMBER: 247-17-000231-V OWNER: Oregon Department of Transportation (ODOT) OPERATOR: Robert Townsend PHONE: (541) 388-6252 PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to address deteriorating pavement conditions, ruts, and operational issues. The project will include: 1. Grind and asphalt inlay of travel lanes; 2. Addition/replacement of rumble strips; DATES AND TIMES OF PROJECT: Construction activities are expected to begin March 2018, starting on the north end of the project limits and progress south. The construction is anticipated to be done when nighttime paving temperatures are sufficient and will have a duration of 2 nights between March 1 and July 15, 2018. Nighttime construction will occur from 10:00 p.m. to 7:00 a.m. FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. A need to maintain and improve the roadway surface along US Highway 97; 2. A need to install centerline and shoulder rumble strips as a warning device to reduce accidents; 3. A need to upgrade signage for clarity and visibility; 4. A need to establish a disposal site in support of construction activities; and 5. A desire to conduct construction from 10:00 p.m. to 7:00 a.m. to minimize traffic delays, decrease the risk of construction related accidents on US Highway 97, and comply with freight mobility agreements. CONDITIONS OF APPROVAL: 1. Construction activities may be conducted beginning March 1, 2018. 2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners who testified at the public hearing for this permit of the dates and times the construction activities will occur. 3. This permit expires July 15, 2018. 4. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE PROJECT IS COMPLETE. PAGE 1 OF 2- DOCUMENT No. 2017-528 2017,3526 5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- DOCUMENT No. 2017-528 -< 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 August 16, 2017 DATE: August 11, 2017 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: An Appeal of a Hearings Officer Approval for a Temporary Use Permit for a Medical Hardship Dwelling in the Exclusive Farm Use Zone PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Nicole Mardell, Assistant Planner SUMMARY: A public hearing was conducted on June 13, 2017 and was continued to June 27, 2017. The Hearings Officer approved the application with conditions, and the decision was issued on July 27, 2017. David and Madeleine Holmberg filed a timely appeal of the Hearings Officer's Decision. Community Development Department Planning Division Budding Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.orus/cdd/ MEMORANDUM DATE: August 10, 2017 TO: Board of County Commissioners FROM: Nicole Mardell, Assistant Planner RE: Appeal of Hearings Officer Decision for a Temporary Medical Hardship Dwelling (247 -17 -000232 -TU, 247-17-000390-A, 247-17-000667-A) Before the Board of County Commissioners (Board) is a timely appeal filed by David and Madeline Holmberg. The appeal was submitted in response to a Deschutes County Hearings Officer's decision approving a request for a temporary medical hardship dwelling in the Exclusive Farm Use (EFU) Zone. BACKGROUND On March 30, 2017, an application was filed for a Temporary Use Permit to establish a Medical Hardship Dwelling at 64421 Findlay Lane, Bend. Notice of the Application was sent to surrounding property owners and relevant agencies on April 12, 2017. Public Comments opposing the proposal were received. On April 21, 2017, the application was deemed complete. Staff determined the application met the applicable criteria, and issued an approval administratively without a public hearing. The decision was appealed on May 11, 2017. A public hearing was conducted on June 13, 2017 and was continued to June 27, 2017. The Hearings Officer approved the application with conditions, and the decision was issued on July 27, 2017. APPEAL David and Madeline Holmberg, appeal the Hearings Officer's decision to address the following issues: 1. The proposed hardship dwelling does not meet the definition of "in conjunction" with the primary dwelling due to distance and physical barriers between the structures as well as the new infrastructure to be installed for the Temporary Medical Hardship Dwelling. 2. The proposed location for the Temporary Medical Hardship Dwelling is not the least suitable area for farming on the property. The appellant specified a preference for a review on the record only. Quality Services Performed with Pride DECLINING REVIEW If the Board decides that the Hearings Officer's decision shall be the final decision of the county, then the Board shall not hear the appeal and the party appealing may continue the appeal as provided by law. The decision on the land use application becomes final upon the mailing of the Board's decision to decline review. In determining whether to hear an appeal, the Board may consider only: 1. The record developed before the Hearings Officer; 2. The notices of appeal; and 3. Recommendations of staff' DECISION TO HEAR THE APPEAL The Board may decide to hear the appeal for the following reasons: 1. Although the Hearings Officer's decision addressed the definition of "in conjunction", the Board could provide clarity on proximity requirements for Temporary Medical Hardship Dwellings in the EFU Zone and other zones in Deschutes County. 2. The Hearings Officer found that although his decision and the administrative decision addressed "least suitable" standards, the analysis is not required as it goes beyond statutory and code requirements. The Board can provide clarification on least suitability standards for Temporary Medical Hardship Dwellings in the Exclusive Farm Use Zone. 3. The proposal generated public interest. The Board may decide not to hear the appeal for the following reasons: 1. The Hearings Officer's decision is determined to have sufficiently analyzed the proposal. 150 -DAY LAND USE CLOCK The 150th and final day for the County to issue a decision for this application is September 18, 2017. Attachments: 1. Hearings Officer's decision 2. Holmberg, appeal 3. Site Plan 4. Draft Orders 1 DCC 22.32.035(B) and (D) File Nos.: 247-17-000232-TU/247-17-000390-A Page 2 of 2 HEARINGS OFFICER DECISION FILE NUMBER: 247-17-000232-TU/247-17-000390-A APPLICANT: Linda Ripsch 61605 Gribbling Road Bend, OR 97702 OWNER: Karl and Guinevere Johnson 64421 Findlay Lane Bend, OR 97701 REQUEST: A Temporary Use permit to establish a medical hardship dwelling in the Exclusive Farm Use Zone. STAFF CONTACT: Nicole Mardell, Assistant Planner HEARINGS OFFICER: Dan R. Olsen SUMMARY OF DECISION; APPROVED with conditions SUMMARY OF DECISION: I. APPLICABLE CRITERIA: Title 18, Deschutes County Zoning Ordinance Chapter 18.16. Exclusive Farm Use Zones (EFU) Chapter 18.116. Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS: A. LOCATION: 64421 Findlay Lane, Bend, OR 97701 and further identified on Deschutes County Assessor's Map 16-12-35, as tax lot 1600. B. ZONING: Exclusive Farm Use (EFU). C. LOT OF RECORD: The subject property is a legal lot of record because it was platted as Parcel 3 of Major Land Partition MJP-81-14. D. SITE DESCRIPTION: The subject property is approximately 19.86 acres in size and irregular in shape. The property is developed with a 1985 single-family dwelling and several detached agricultural structures. A large portion of the property consists of irrigated pasture land. E. PROPOSAL: Approval of a temporary use permit to establish a hardship dwelling on the site for the mother of the property owner. The site plan shows the hardship dwelling will be a manufactured home, to be placed on the south side of the property. F. HISTORY AND REVIEW PERIOD: The application was submitted on March 30, 2017 and was accepted and deemed complete on April 21, 2017. An administrative approval with conditions was issued on May 3, 2017. An appeal was filed on May 11, by counsel for David and Madeleine Homberg. Under ORS 215.428, the 150th day upon which the County must take final action is September 18, 2017. G. HEARING: The hearing on the appeal originally was scheduled for June 13, 2017. At the request of the appellant, and without objection, the hearing was opened and continued to June 27, 2017 at 6:00. At the outset, I provided the statutorily required notices and outlined the hearing process. I indicated that I had no conflicts of interest and had received no ex parte contacts. I noted, however, that I conducted a site visit at the request of the appellant and with the consent of the applicant. I disclosed that Nicole Mardell and I parked near the existing residence and walked across the property to the proposed location. I observed the ground, the rock ridge and the access points. I observed what appeared to be septic test holes. We retumed to the residence via Finlay Lane, passing by the access to the appellant's property. On our return, counsel for the applicant was at the residence and pointed out that the proposed footprint of the manufactured home had been outlined in string. Nicole Mardell and I stopped on our way out and observed the purported footprint. Before taking testimony, I asked for but received no objections to my hearing this matter nor did I receive any procedural objections or inquiries regarding the site visit. At the conclusion of the hearing I provided the statutorily required options for a continuance or keeping the record open but received no such request. Accordingly, the record was closed. III. FINDINGS and CONCLUSIONS: Title 18, Deschutes County Zoning Ordinance A. CHAPTER 18.16. EXCLUSIVE FARM USE ZONES 1. Section 18.16.030. Conditional Uses Permitted -High Value and Non -High Value Farmland. The following uses may be allowed in the Exclusive Farm Use Zones on either high value farmland or non -high value farmland subject to the applicable provisions of the Comprehensive Plan, Sections 18.16.040 and 18.16.050 and other applicable sections of this title. D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. FINDING: The applicant is the mother of the property owner and proposes to establish a hardship dwelling to receive assistance for a medical condition from the property owner. Two letters from the doctor for Linda Ripsch were submitted confirming that she has medical and age related issues constituting a hardship. The hardship dwelling is proposed to be a manufactured 247-17-000232-TU/247-000390-A Hearings Officer Decision 2 home, to be placed south of the existing dwelling on the property. Hardship dwellings are reviewed through the temporary use permit application. As addressed below, one of the principle issues in this appeal is whether the proposed hardship dwelling is "in conjunction with" an existing dwelling. 2. Section 18.16.040. Limitations on Conditional Uses. A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS 215.296 and applicable provisions of in DCC 18.128 and upon a finding by the Planning Director or Hearings Body that the proposed use: 1. Will not force a significant change in accepted farm or forest practices as defined in ORS 215.203(2)(c) on surrounding lands devoted to farm or forest uses; and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and FINDING: There is no evidence of any forest use in the vicinity. Staff described the adjacent lands as a mixture of hobby and commercial farm uses and vacant property. Staff noted that the existing dwelling has not precluded farm uses on surrounding lands. Staff and the applicant note that a significant portion of the property is irrigated and in farm use. The appellant's operate a commercial ranch directly across Findlay Lane from the subject property. They argue that the location of the hardship dwelling will adversely impact their farm operations in two significant ways: • Contamination of an existing domestic well and contamination of agricultural operations due to the proposed septic tank/drainfield. Clayton Creager expressed similar concerns about the Homberg's well. On April 10, 2017 Deschutes County issued a site evaluation concluding that the site is suitable and that it is feasible to install a septic system meeting all Code requirements. It notes that the Code requires a minimum of 100' distance to any well. The proposed location exceeds that distance. Although the appellants indicate that the ground slopes toward their property, their concerns are expressed in general terms and they provide no specifics regarding why the Deschutes County and state septic system standards are inadequate to protect their farm operation from significant adverse impacts. See generally, Wetherall v Douglas County, 51 OR LUBA 699 (2006) (Potential impact on domestic wells not a basis for remand.) aff'd. 209 Or App 1 (2006) • Impacts from the location and use of the proposed new access to Findlay Lane. The Homberg's and the Box J Ranch operations have as many as 250 head of cattle in the immediate vicinity of the subject property, depending on the season. (Carl Juhl 6/23 letter and hearing testimony). They conduct a roundup of 100 +/- calves twice a year. Twenty or more cowboys and others are involved, together with their trucks and stock trailers. These rigs "typically" park along Findlay Lane near the barn and corrals near where the dwelling and new access are proposed and need room to turn around. Semi -trucks and trailers also use Findlay Lane to deliver large hay loads several times per year. Rigs periodically transport cattle on Findlay Lane. The Holmberg's also receive trucks of spent grain weekly for cattle feeding. Finlay Lane is a gravel/dirt road with an approximate 60' right of way and an approximate 20' gravel/dirt travel area. (Exhibit 5, June 27 letter from 247-17-000232-TU/247-000390-A Hearings Officer Decision 3 Shannon McCabe). The demarcation between the right of way and private property is unclear, which may lead to conflicts. The property owners respond that minimal vehicle traffic is anticipated and that the care provider intends to walk from the main residence to the dwelling. There is no evidence as to whether the applicant drives. The applicant bears the burden of demonstrating that the proposal meets this criterion. See e.g. Just v Linn County, 32 Or LUBA 325 (1997). On the other hand, it does not require proving a negative or quantifying what is or is not a "significant" impact. Gutoski v Lane County, 34 Or LUBA 219 (1998) aff'd 155 Or App 369 (1998). The Court of Appeals has declined to define "significant", stating that it primarily is a fact -based determination although it has rejected the notion that "anything more than trial or frivolous" is significant. Von Lubken v Hood River County, 118 Or App 246 (1993). By its nature, a temporary hardship dwelling very likely will generate less traffic and fewer parking demands than a dwelling housing a family. The primary dwelling is relatively close and it normally will be easier and quicker for the Johnsons to walk rather than drive. The round -up only occurs twice a year for a few days. Although during those periods there may be an occasional brief conflict with vehicles entering or exiting the new access (e.g. the occupant, postal service, deliveries) it is unlikely that the opponents would be forced to significantly alter anything to accommodate them. Similarly, given the very minimal amount of traffic generated by a hardship dwelling any significant conflicts with deliveries are likely to be relatively rare. The concerns raised by the opponents are legitimate, however. At least some conflicts may occur. The applicant has selected a site that requires a second access point and is very near the Holmberg's access. That site selection imposes an obligation to take reasonable steps to minimize impacts. Accordingly, I find that a condition of approval requiring the applicant to delineate the right of way and prohibiting the owners from parking in the right of way along the applicable frontage is appropriate to mitigate potential impacts on agricultural/ranching operations. 3. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. FINDING: The applicant proposes to place a manufactured home for the hardship dwelling on the very southem portion of the property. The property is comprised of the following soil classifications: 58C: Gosney-Rock outcrop — Deskamp complex and 57B: Gosney stony loamy sand. The home is proposed to be located on soils mapped 58C according to NRCS maps, which is considered a Class VII soil, with or without irrigation. Staff conducted a site visit and found sandy soil, rocks protruding the surface and rock outcroppings — all similar to other non -irrigated portions of the property. It is near Findlay Lane and has not been irrigated or used as pasture. First, I note that there is a good argument that this criterion does not apply. Section 18.16.050 arguably is more specific than Section 18.16.040 and 18.16.050 H does not list this as an applicable criterion. It goes beyond the statutory standards. Staff originally did not apply this criterion but revised its position in response to comments from the appellants. The applicant did not contest the applicability of this criterion, however, so I will assume it applies. 247-17-000232-TU/247-000390-A Hearings Officer Decision 4 Citing OAR 660-033-0130(38) (c), the applicant notes that the area appears to qualify as soils "not suitable for cultivation" and "shall be considered non -arable in all cases." The applicant notes that the area has never had water rights. Mr. Holmberg testified that the test pits show that there is a significant amount of soil on the subject site. He contends that it would be relatively easy for him to extend irrigation across Findlay Lane and use the area for pasture for seasonal grazing and a holding area for yearling heifers. State law provides that a non-farm dwelling may be permitted only if situated on a lot or parcel, or a portion of a lot or parcel, that is "generally unsuitable" for, among other things, the production of livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract. In that context, OAR 660-033-0130(4) (c) (B) requires that the approval authority must consider whether the property can be "sold, leased, rented or otherwise managed as a part of a commercial farm or ranch." Inglis v Harney County, LUBA No. 2008-122, (11/5/2008). In Inglis, LUBA found that evidence that the property is not available for lease at an acceptable price generally is irrelevant where the property has some value for farm use in conjunction with a neighboring commercial farm and there is evidence that the neighboring farmer is willing to lease the property for something approaching its value as farmland. See also Ploeg v Tillamook County, LUBA No. 2005-079 (12/2/2005) But those cases rely on standards that expressly provide that the location is not "generally unsuitable for farm use ...solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land." As noted above, the Code standard goes beyond state law standards for a hardship dwelling. But it does not contain the requirement that consideration be given to use by neighboring commercial farms. I cannot insert one, even if I thought that it might have been intended. I think the better conclusion is that the Board of County Commissioners would have mirrored language requiring consideration of potential use by nearby commercial agricultural operations had it intended them to be relevant to a temporary hardship dwelling. There is no evidence that the appellant, or anyone else, has ever tried of offered to use the subject site for agriculture. I find that the possibility that the appellant could or would use it is not relevant to this standard. The term "least suitable" is used in the context of siting the hardship dwelling on the subject parcel, also suggesting that the potential for use by nearby farms or ranches is not relevant. Rather, it is a comparison between the specific proposed site and the remainder of the parent parcel. As noted above, the proposed site is much less suitable than the irrigated and farmed portion of the property. On the other hand, "least suitable" arguably is more stringent than "generally unsuitable". At the hearing, the appellant cited several locations that it contends are less suitable for agriculture than the proposed site. Counsel for the applicant stated at the hearing that this specific location was chosen for several reasons. Although drilling still is needed to plant trees and install the septic system, the soils are more suitable for septic drainage; it is easier to install and remove the access to the road and avoids disrupting the pasture area. Ms. Johnson testified that they evaluated several sites. She notes that the area is only approximately 1/8th of an acre and is somewhat isolated from the rest of the property — particularly the irrigated area. She testified that it has never been irrigated or used for agriculture. 247-17-000232-TU/247-000390-A Hearings Officer Decision 5 The appellant countered that the area west and south of the existing dwelling could be served by the existing infrastructure related to the existing dwelling and for that reason both has fewer impacts (particularly no new access) and is Tess suitable for agriculture. Ms. Johnson testified that they did consider this area but it is too rocky, and therefore, less suitable for septic and there would be irrigation conflicts. She notes that they would have preferred to site the hardship dwelling in a manner that minimized the cost of additional infrastructure if feasible. I already have concluded that one new access will not significantly interfere with commercial ranching in the area, particularly as conditioned. The issue is whether the presence of the existing dwelling and related infrastructure makes the area next to that dwelling the least suitable for agriculture in comparison to the proposed site. This is a close call. But on balance, I cannot find a significant basis for differentiating the two sites in terms of agricultural suitability when considering only the subject parcel. On my site visit I could see no discernable difference between the areas. The proposed site is quite small, inaccessible to irrigation from the subject parcel, separated from the subject parcel's agricultural operations both by distance and the rock outcropping. The alternative sites suggested by the appellant are closer to and perhaps could be served by the irrigation evident on the other side of the existing dwelling. The applicant is not proposing to use or interfere with the clearly suitable portions of the subject parcel. While I think the applicant could have done a more thorough job of comparing the proposed site to the alternatives, I find that there is sufficient evidence to meet the applicant's burden that they essentially both are "least suitable". This criterion is met. 3. Section 18.16.050. Standards for Dwellings in the EFU Zones. Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling is placed, signing and recording in the deed records for the County, a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. H. Temporary hardship dwelling. 1. A temporary hardship dwelling listed in DCC 18.16.030 is allowed under the following conditions: a. The dwelling is a manufactured home or recreational vehicle, and is used in conjunction with an existing dwelling on the lot or parcel. FINDING: The applicant proposes to place a manufactured home for the hardship dwelling. There is an existing primary dwelling, built in 1985, on the subject property. The property owner shall be required as a condition of approval to sign and record a Farm and Forest Management Easement with the Deschutes County Clerk's Office. The document will bind the landowner and landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of 247-17-000232-TU/247-000390-A Hearings Officer Decision 6 action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.396 or 30.397. The appellants argue that the proposed hardship dwelling does not meet the "used in conjunction with" requirement because it is approximately 900' from the existing dwelling. They contend this is too far away for the Johnsons to provide effective care. The dwellings will not be visible to each other and will share essentially no common infrastructure. As a practical matter, therefore, the two dwellings are separate and not "in conjunction" with each other. They cite dictionary definitions suggesting that "in conjunction with" requires physical proximity. They also cite the Malone decision (A-03-14) in which the hearings officer denied a medical hardship dwelling proposed to be located over 300' from the primary dwelling. They question whether the distance between the two dwellings serves the need for the applicant to "live close to her daughter" on the property. The applicant counters that "in conjunction with" means "in combination with, together with". It focuses on the function of the two dwellings rather than physical proximity. The applicant submitted a May 15, 2017 "clarification" from her doctor stating that he did not intend his earlier letter to suggest any particular distance or specific proximity. Instead the applicant needs oversite, assistant with structure, medication compliance and coordination of her activities of daily living and care while maintaining "limited independence". Ms. Johnson states that she works from home and can provide care on a daily basis, including walking to the dwelling in under 90 seconds. It was noted that technology, such as monitors, may be used if needed for visual or aural connection. Both sides note that the Code does not define "in conjunction with", nor are there any court decisions in the context of a hardship dwelling. There are, however, cases interpreting this term in the other contexts. I found no cases concluding that physical proximity is required or even a significant consideration. Rather, the emphasis is on how the structures function and how the proposed structure furthers the statutory purpose for it being allowed. In other words, the key is the functional relationship between the structures or uses. Do the two dwellings work together to serve the applicant's medical needs? See e.g,. Craven v Jackson County, 308 Or 281 (1989) (Winery furthers the statutory purpose of favoring preservation of farm land.); Earle v McCarthy, 28 Or App 541 (1977) (Hop warehouse); Sandy v Clackamas County, LUBA No 94-104 (1994) (The concept is somewhat subjective. There must be a connection to the essential practice of agriculture. The use must exclusively or primarily serve agriculture.) See also, OAR660-033- 0130(24) (Stating only that accessory structure in conjunction with farm use must be on same parcel, with certain exceptions for placement on other parcels.) The Malone decision is not particularly helpful as there were numerous factors involved in the denial apart from distance and functionality. The Board of Commissioners did not insert a proximity requirement into the Code in this regard and I cannot insert what has been omitted. It certainly is possible that a proposed distance could be so great as to make the hardship dwelling non-functional for the particular needs of the applicant as described by her medical professional, but that is not the case here. This criterion is met. b. The manufactured home or recreational vehicle would be temporarily sited on the lot or parcel only for the term of a hardship suffered by the existing resident or relative of the resident. The manufactured dwelling 247-17-000232-TU/247-000390-A Hearings Officer Decision 7 shall be removed or demolished within three months of the date the hardship no longer exists. The recreational vehicle shall not be occupied once the term of the medical hardship is completed, except as allowed under DCC 18.116.095. A temporary residence approved under this section is not eligible for replacement under DCC 18.16.020(J); FINDING: The manufactured home will be temporarily sited for the term of the hardship suffered by the property owner's mother, Linda Ripsch. The manufactured home must be removed or demolished within three months of the date the hardship no longer exists. As a Condition of Approval, the applicant will be required to sign and record a Conditions of Approval Agreement to ensure compliance. This criterion will be met. c. The existence of a medical hardship is verified by a written doctor's statement, which shall accompany the permit application; and FINDING: The applicant submitted two written doctor's statements from Eden Miller, D.O. stating a medical condition exists for the applicant, Linda Ripsch. Appellants originally did not contest the need for a hardship dwelling, only its location. At the hearing, however, their counsel suggested that the second letter from the doctor raises the issue of whether the applicant could be adequately cared for in an off-site dwelling, negating the need for the application. The letters must be read together. The first clearly states that it is necessary that she live close to her daughter on the same property. A dwelling a half -mile away, even if available, would require driving and otherwise have very different functionality. While in theory a house next door on neighboring land might work, there is no evidence that this option exists, nor is it at all clear that the Code requires an off-site alternatives analysis. I do not think it appropriate to parse the doctor's statements so closely. This criterion is met. d. The temporary manufactured home uses the same subsurface sewage disposal system used by the existing dwelling, provided that the existing disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required. FINDING: Staff originally thought that the applicant intended to use the existing septic system for both the proposed hardship dwelling and the existing primary dwelling. On learning that this was not the case, staff obtained input from the County Environmental Soils Division. Larry Howard, R.E.H.S., concluded that the addition of a dwelling would exceed the capacity of the existing septic system. (May 15, 2017 email.) The opponents contend that the applicant must demonstrate that the existing system cannot be expanded or improved to accommodate the hardship dwelling. They submitted examples of hardship dwellings connecting to systems with the same size tank, but longer trench length. 247-17-000232-TU/247-000390-A Hearings Officer Decision 8 This criterion states that the test is whether "the existing disposal system is adequate to accommodate the additional dwelling." The unrefuted evidence is that it is not. Once again, I cannot insert language such as "or may be modified to" accommodate the existing dwelling. The testimony regarding potential modification of the existing system is speculative. This criterion is met. e. If a recreational vehicle is used as a medical hardship dwelling, it shall be required to have a bathroom, and shall meet the minimum setbacks established under DCC 18.16.070. FINDING: The applicant proposes to use a manufactured home. This criterion does not apply. 2. Permits granted under DCC 18.16.050(H) shall be subject to the provisions of DCC 18.116.090 and shall be required to meet any applicable DEQ review and removal requirements as a condition of approval. FINDING: The provisions of DCC 18.116.090 are addressed below. 3. As used in DCC 18.16.050(H), the term "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. FINDING: The applicant submitted a doctor's statement from Eden Miller, D.O., stating a medical condition exists for Linda Ripsch. This criterion is met. See discussion above. 4. As used in DCC 18.16.050(H), the term "relative" means grandparent, step -grandparent, grandchild, parent, step- parent, child, step -child, brother, sister, sibling, step -sibling, niece, nephew, uncle, aunt, or first cousin of the existing resident. FINDING: The relative in this instance is the property owner's mother, Linda Ripsch. This criterion is met. 5. The proposed hardship dwelling or recreational vehicle shall meet the criteria under DCC 18.16.040(A)(1-2) and DCC 18.16.020(J)(1). FINDING: The criteria under DCC 18.16.040(A) (1-2) are addressed above. DCC 18.16.020(J) (1) requires the recordation of a Farm and Forest Easement. A condition of approval has been added to ensure compliance with this criterion. 4. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant did not submit elevation drawings of the proposed medical hardship dwelling. A Condition of Approval has been added to ensure the dwelling shall not exceed 30 feet in height. 247-17-000232-TU/247-000390-A Hearings Officer Decision 9 5. Section 18.16.070. Yards. A. The front yard shall be a minimum of 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The applicant proposes to use a manufactured home for the hardship dwelling. The required front yard setback is 40 feet. The medical hardship dwelling is not a "nonfarm" dwelling within the meaning of the EFU Zone. Therefore, the required side yard is 25 feet and required rear yard is 25 feet. The applicant is proposing a 50 -foot front yard setback from Findlay Lane, a 25 -foot western side yard setback, 200 -foot eastern side yard setback, and rear yard setback of over 1,000 feet. Appellants question whether the applicant properly demonstrated that the setbacks can be met, particularly fronting Findlay Lane, based on the plot plan submitted by the applicant. This implicates whether there is sufficient room for the septic system. Staff states that its analysis of the plot plan indicates the above stated measurements. The plot plan is not drawn to scale. Appellants suggest this rises to the level of a feasibility issue that must be resolved now. The applicant can either meet the setbacks or it cannot. This is a technical, ministerial issue. If meeting the setbacks requires a substantial modification to the septic system the applicant will need to obtain the appropriate approvals in conformance with the standards. The condition requiring a right of way delineation will ensure that there are accurate measurements. This criterion is met. D. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 1. Section 18.116.090. A Manufactured Home or Recreational Vehicle as a Temporary Residence for Medical Condition. A. A temporary use permit for one manufactured home of any class or one recreational vehicle on a lot or parcel in addition to an existing dwelling may be granted when a medical condition exists. In the Exclusive Farm Use and Forest zones only, an existing building may 247-17-000232-TU/247-000390-A Hearings Officer Decision 10 be used as a temporary dwelling. For the purposes of this section, "existing" means the building was in existence on or before March 29, 2017. B. The person with a medical condition must be either one of the property owners or a relative of one of the property owners. FINDING: The applicant proposes to use a manufactured home to provide medical assistance to Linda Ripsch, the property owner's mother. On the subject property, there is an existing primary dwelling built in 1985. The applicant submitted letters dated February 2, 2017 and May 15, 2017 from Eden Miller, D.O., stating Linda Ripsch has a medical condition. These criteria are met. C. For the purposes of this section, a relative is defined as a grandparent, step -grandparent, grandchild, parent, step-parent, child, step -child, brother, sister, sibling, step -sibling, either blood or legal relationship, niece, nephew, uncle, aunt or first cousin. FINDING: The application materials state Linda Ripsch is the property owner's mother. This criterion is met. D. Such medical condition must be verified by a doctor's written statement, which shall accompany the permit application. FINDING: As noted above, the applicant submitted a letter February 2, 2017 from Eden Miller, D.O., stating a medical condition exists for Linda Ripsch and a follow up letter dated May 15, 2017. This criterion is met. E. The temporary use permit shall be reviewed annually for compliance with the terms of DCC 18.116.090. FINDING: A Condition of Approval has been added to ensure compliance. This criterion will be met. F. The manufactured home shall be removed or the recreational vehicle shall be vacated, and disconnected from any electric, water or sewer facility connection for which a permit has been issued not later than 90 days following the date the medical condition requiring the temporary use permit ceases to exist. In the Exclusive Farm Use and Forest zones the existing building will be converted to a permitted non-residential use within 90 days following the date the medical condition requiring the temporary use permit ceases to exist. FINDING: A Condition of Approval has been added to ensure compliance. This criterion will be met. G. If a recreational vehicle is used as a medical hardship dwelling, it shall have a bathroom, and shall meet the minimum setbacks for the zone in which it is located. FINDING: The applicant proposes to use a manufactured home. This criterion does not apply. 247-17-000232-TU/247-000390-A Hearings Officer Decision 11 H. The applicant shall obtain all necessary permits from the County Building and Environmental Health Divisions prior to initiating the use. FINDING: A Condition of Approval has been added to ensure compliance. This criterion will be met. IV. CONCLUSION: Based on the foregoing Findings and Conclusions, the application is APPROVED with the following conditions: A. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. The applicant shall obtain any necessary permits from the Deschutes County Building Division prior to occupancy of the manufactured home. C. The applicant shall obtain the necessary permits from the Deschutes County Environmental Soils Division prior to occupancy of the manufactured home. D. The temporary use permit is valid as long as the medical condition requiring the permit exists. E. The temporary use of the hardship dwelling shall be reviewed annually for compliance with the terms of the County Code. The applicant(s) shall provide the County a letter from a doctor that confirms the medical hardship on an annual basis. F. The manufactured home shall be removed no later than 90 days following the date on which the medical condition requiring the temporary permit ceases to exist. G. The applicant shall sign and record a Conditions of Approval Agreement to ensure compliance with conditions D, E, F and J. H. The applicant shall sign and record a waiver, binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937, prior to issuance of the placement permit for the manufactured home. I. The temporary hardship dwelling shall not exceed a height of 30 feet above grade. J. Prior to placement of the manufactured dwelling and construction of the septic system, the applicant shall file with the County a right of way line delineation by an Oregon licensed surveyor that at a minimum delineates the northern right of way line of Findlay Lane (adjacent to the subject property) commencing at the southwestern boundary of the subject property (Bare property line) and extending along Findlay Lane to a point 50' past the access serving the existing dwelling. Neither the applicant nor the owners of the 247-17-000232-TU/247-000390-A Hearings Officer Decision 12 subject property shall permit parking in that right of way by the owners, occupants of or visitors to the subject property except: emergency vehicles and parking by contractors during site preparation, e.g. placement/removal of the manufactured home and installation of the septic system. The applicant at her expense shall post the subject property in the vicinity of the delineated right of way with no fewer than three signs stating that visitor parking in the right of way is prohibited. The signs shall be maintained in good condition as long as the hardship dwelling remains. Neither the applicant nor owner of the subject property shall place any item in the delineated right of way that would obstruct or interfere with passage of farm, forest and ranching vehicles and temporary parking/turn-around during the semi-annual roundup. Nothing in this condition, however, shall require the applicant to remove any existing vegetation or other obstacles or otherwise improve the right of way. VII. DURATION OF APPROVAL: The applicant shall meet all conditions of this approval and lawfully initiate the use within one (1) year following the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. Dated this 26`h day of July, 2017 Z7a- D Deschutes County Hearings Officer 247-17-000232-TU/247-000390-A Hearings Officer Decision 13 Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 5005 717 NW Lafayette Avenue Bend, Oregon 97708-5005 Phone; (541) 388-6575 Fax: (541) 385-;764 http:/jwww,deschutes.org/cd APPEAL APPLICATION FEE: $2,839.00 EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): Dave and Madeleine Holmberg Phone: (541 ) 280-0199 Mailing Address:64410 Deschutes Market Road City/State/Zip: Bend, OR 97701 Land Use Application Being Appealed: Hearings officer decision on 247-17-000232-TU/247-17-000390-A Property Description: Townshipl6 S Rang 1 E Se/ 35 Tax Lot 1600 r 1 Appellant's Signature; 17/4 EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) 10/15 Quality Services Performed -with Pride NOTICE OF APPEAL See the attached Exhibit A (This page may be photocopied if additional space is needed.) Exhibit A This is an appeal by David and Madeleine Holmberg of the July 26, 2017 (mailed July 27, 2017) decision of the Deschutes County Hearings Officer in File No. 247-17-000390-A (a temporary hardship dwelling approved for applicant Linda Ripsch). The Holmbergs appeal the above referenced decision to the Board of County Commissioners. They request review by the Board because the Hearings Officer's decision misapplies the law, is based on facts not supported by the record, and sets a significant precedent as to where hardship dwellings can be placed on EFU land that may negatively impact farm practices throughout the County. 1. The Board Should Deny the Application because the Proposed Hardship Dwelling will not be Used 'In Conjunction' with the Existing Dwelling. Both state law (ORS 215.213(1)(i) and OAR 660-033-0130(10)) and Deschutes County Code (DCC 18.16.030(0) and DCC 18.16.050(H)(1)(a)) require that temporary medical hardship dwellings be used 'in conjunction' with the existing dwelling. Since the applicable county code provision substantially mirrors state law, the question is what the state legislature meant when it adopted the 'in conjunction' language. Since the County's code mirrors the state law, the County's interpretation is not entitled to deference. Even if its interpretation is entitled to deference, the plain meaning of the term 'in conjunction' was misconstrued by the Hearings Officer. The plain meaning of 'in conjunction' dictates that the hardship dwelling be located near enough to the existing dwelling to be used together. Put otherwise, a temporary hardship dwelling cannot be a separate use. Here, the proposed hardship dwelling is a separate use because: • the proposed site will require all new infrastructure and utilities, including septic system, access driveway, power, and new well for water; • the topography includes a lava rock ridge that is over 20 feet high with slopes of over 30 degrees that creates a physical barrier between the two dwellings; • using the existing driveway, Findlay Lane, and the proposed (new) driveway, occupants will need to travel a distance of 1,000 feet door-to-door between the two dwellings; • even if someone with chronic condition could traverse the rock ridge the distance is still 700 feet door-to-door. The Hearings Officer erred when he found that the proposed hardship dwelling will be used 'in conjunction' with the existing dwelling. He further erred when he stated there is no proximity requirement for hardship dwellings. His interpretation and application of the law disregards the plain meaning of 'in conjunction.' Allowing this hardship dwelling, despite the distance, physical barrier, and necessary new infrastructure sets a significant precedent in Deschutes County. If there really is no proximity requirement, a temporary hardship dwelling could be placed anywhere on EFU land so long as there is some connection to an existing dwelling. That is not the intent of the underlying state law or county code. It also inconsistent with the EFU zone purpose statement at 18.16.010 that states the intent of the ordinance is to preserve farm land and that the EFU zone shall serve as a sanctuary for farm uses. By allowing hardship dwellings to be placed anywhere on EFU land so long as there is an existing dwelling, new hardship dwellings, including infrastructure, could be placed anywhere on the EFU land. Such development should be consolidated with existing dwelling to minimize impact on farm uses. Here, the applicant has plenty of open land southwest of the existing dwelling to place the hardship dwelling. If the applicants put the hardship dwelling close to the existing dwelling, new infrastructure requirements would be minimized, no physical barrier between dwellings would exist, the distance between dwellings would be appropriate to provide necessary medical care, and the impact on adjacent farm uses would be minimized. Since the proposed dwelling cannot be used 'in conjunction' with the existing dwelling, and is instead a separate use, the application should be denied. 2. The Site of the Proposed Hardship Dwelling is not the `Least Suitable' Area on the Subject Property for the Hardship Dwelling. The Hearings Officer's finding on DCC 18.16.040(A)(3) is not supported by evidence in the record and fails to properly apply the criteria to the facts. A. Substantial Evidence At the hearing, the applicant (Mrs. Johnson) testified that they looked at a three sites (two alternative sites and the proposed site). The two alternative sites are to the north of the existing dwelling. She noted they ruled those sites out because they cannot develop a septic system and those sites might require the demolition of certain fences and subsurface irrigation. Mrs. Johnson did not testify that they looked at any alternative sites to the southwest of the existing dwelling. Despite the testimony at the hearing, the Hearings Officer found that the applicant testified the applicants did consider area to the southwest but that it is too rocky, and therefore, Tess suitable for a septic system and that there would be irrigation conflicts. As noted above, though, Mrs. Johnson testified regarding two sites to the north of the existing dwelling, not to the southwest. Accordingly, the Hearings Officer's decision is not based on substantial evidence. Specifically, there is no evidence that the sites to the southwest are too rocky for a septic system or that they conflict with the applicant's irrigation system (which can be seen on aerial maps as the green area to the east of the existing driveway). This error is critical, because the Hearings Officer noted this issue is a "close call." A proper analysis of the alternatives to the southwest of the existing dwelling would show that they are less suitable for agriculture and thus, where the temporary hardship dwelling should be located. 8. Misapplied the Code Provision The Hearings officer also misapplied this code section. The code requires that the hardship dwelling be located on the 'least suitable' site for production of farm crops. There was testimony from Mr. Holmberg that the proposed site could be put to farm use. Moreover, the alternative sites would allow for less new infrastructure development, thus preserving the proposed site for farm use. The alternative sites to the southwest of the existing dwelling are also already being used for storage of personal property and are not in any sort of farm use now. As written, this code provision requires a finding that the proposed site is in fact the 'least suitable.' Nothing in the code allows the Hearings Officer to consider that the soil at other sites may be too rocky for septic development (or other infrastructure), which does not relate to whether a location is the 'least suitable' for farm use. Moreover, DCC 18.16.040(A)(3) requires a finding that the proposed site is in fact the 'least suitable', not one of several that is not suitable for farm use. Moreover, because the Holmbergs identified several alternative sites to the southwest of the existing dwelling, there must be findings explaining why those sites is not the least suitable for farm production. Perhaps due in part to confusion over the applicant's testimony, this analysis was not properly conducted by the Hearings Officer. In any case, a proper review of the alternative sites to the southwest and analysis as to why they are (or are not) the least suitable is required. In short, the Hearings Officer's decision is not supported by substantial evidence, misconstrued DCC 18.16.040(A)(3) when he found there could be multiple 'least suitable' sites and also incorrectly considered the cost of development for the hardship dwelling at alternative sites when deciding whether the proposed site is the least suitable for farm use. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Accepting Review of Hearings Officer's Decision in File Nos. 247 -17 -000232 -TU (247- 17-000390-A, 247-17-000667-A) ORDER NO. 2017-029 WHEREAS, Appellants, David and Madeleine Holmberg, appealed the Hearings Officer's decision in application number 247 -17 -000232 -TU, and WHEREAS, Section 22.32.027 of the Deschutes County Code allows the Board of County Commissioners (Board) discretion on whether to hear appeals of Hearings Officer's decisions; and WHEREAS, the Board has given due consideration as to whether to review this application on appeal; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Board will hear the above-described appeal for application number 247 -17 -000232 -TU, (247-17-000390-A, 247-17-000667-A') pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use ordinances. Section 2. The appeal shall be heard on the record. Section 3. Staff shall set a hearing date and cause notice to be given to persons or parties entitled to notice pursuant to DCC 22.32.030. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair 247-17-000390-A is an appeal of the administrative decision, 247-17-000667-A is an appeal of the Hearings Officer's decision PAGE 1 OF 2- ORDER NO. 2017-029 ATTEST: ANTHONY DEBONE, Vice Chair Recording Secretary PHILIP G. HENDERSON, Commissioner PAGE 2 OF 2- ORDER No. 2017-029 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Declining Review of Hearings Officer's Decision in File Nos. 247 -17 -000232 -TU (247- 17-000390-A, 247-17-000667-A) ORDER NO. 2017-029 WHEREAS, Appellants, David and Madeleine Holmberg, appealed the Hearings Officer's decision in application number 247 -17 -000232 -TU, and WHEREAS, Section 22.32.027 of the Deschutes County Code allows the Board of County Commissioners (Board) discretion on whether to hear appeals of Hearings Officer's decisions; and WHEREAS, the Board has given due consideration as to whether to review this application on appeal; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Board will not hear the above-described appeal for application number 247 -17 -000232 - TU, (247-17-000390-A, 247-17-000667-A') pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use ordinances. Section 2. Pursuant to DCC 22.32.015(C), the appellant is due a refund of $2,413.15. Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ' 247-17-000390-A is an appeal of the administrative decision, 247-17-000667-A is an appeal of the Hearings Officer's decision PAGE 1 OF 2- ORDER No. 2017-029 ES 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 August 16, 2017 DATE: August 7, 2017 FROM: Trevor Stephens, Adult Parole and Probation, 541-330-8261 TITLE OF AGENDA ITEM: Letter of Support for JRI Grant Application PUBLIC HEARING ON THIS DATE?: No CONTRACTOR: State of Oregon, Criminal Justice Commission AGREEMENT TIMEFRAME: Starting Date: July 1, 2017 Ending Date: June 30, 2019. INSURANCE: Insurance Certificate Required: No Insurance Review Required by Risk Management: No BACKGROUND AND POLICY IMPLICATIONS: The State of Oregon through the Criminal Justice Commission provides counties Justice Reinvestment Initiative formula funding. Counties must submit application indicating ability to provide services that meet program goals: reduce prison population, increase accountability, decrease recidivism and promote public safety. The Local Public Safety Coordinating Council must approve the county's application, which it did on August 1, 2017. FISCAL IMPLICATIONS: This grant provides approximately $1.769 million over two years. Funding is already included in the FY18 adopted budget. ATTENDANCE: Trevor Stephens RECOMMENDATION & ACTION REQUESTED: Review and approve Criminal Justice Commission grant application for Justice Reinvestment Initiative. August 7, 2017 To: Board of County Commissioners From: Deschutes County Community Justice Deevy Holcomb and Trevor Stephens RE: JRI Grant Application Support Letter Deschutes County Community Justice is applying for continued funding through the Oregon Criminal Justice Commission Justice Reinvestment Initiative (JRI). Deschutes County applied for and received funding last biennium. This funding created and will continue to support the county's Justice Reinvestment Program. Through these funds we created and will be asking to continue a two-tier programmatic approach with eligible offenders, aimed at reducing recidivism and prison utilization: short term transitional leave from prison(of up to 120 days prior to presumptive sentence completion), or downward departure (community supervision in lieu of presumptive prison sentence). In addition to offender supervision and treatment resources, JRI funding will assist continuing deployment of robust performance measurement resources (staff and technology) in order to track outcomes, and make program shifts when necessary to achieve objectives. This grant also provides required 10% earmark funding for victim services agencies. The three local agencies that will benefit are CASA, KIDS Center, and Mary's Place. The application is due August 31St. It was approved by the Local Public Safety Coordinating Council (LPSCC) on August 15t We are here today asking for the support of the County Commissioners for this grant application (attached). We have included a letter of support to provide to the grant review committee. Deschutes County JRI Grant Application July 1, 2017 -June 30, 2019 Program Narrative(s): Use up to 87 percent of Justice Reinvestment grant amount. Applicants are encouraged to consolidate multiple activities for which funding is requested into a single program entry, as appropriate. Each program entry must include the following: O Program Narrative (1,000 -word maximum) Provide a detailed description of the activities for which funding is requested, including activity goals and objectives. The description should be presented in a way that helps stakeholders such as administrators, staff, evaluators, funding agencies, advocacy groups, citizens, and elected officials understand and communicate about the program. Program Narrative: Deschutes County Justice Reinvestment Program (DCJRP) is an intensive supervision program created in an effort to control prison usage, reduce recidivism, increase public safety, and hold offenders accountable. The program has been in full operation since September of 2016 and includes a variety of wrap around services. Currently 2.5 parole and probation officers (PPOs) are assigned to the DCJRP, but we hope to have a total of 3 FTE for this upcoming biennium because we expect more downward departures with the implementation of this program as well as the potential for increase due to the transitional leave increase to 120 days. We also have a records technician, a parole and probation specialist and an analyst who all provide support for the DCJRP. The !RP caseloads are capped at a maximum of 35 offenders receiving intensive supervision with wrap around services that last a minimum of 4 to 6 months. The target population for DCJRP are offenders on Short Term Transitional Leave (STTL), offenders in the Alternative Incarceration Program (AIP), and offenders with a downward departure. Offenders are assigned to the DCJRP in one of two ways: directly assigned out of prison because they are an STTL or AIP offender or they have recently received a downward departure. Currently, the DCJRP PPOs manage all of the STTL and AIP investigations and approvals. They conduct a reach in, do a field investigation, and determine if the individual will be a good fit for the DCJRP. The goal is to maximize the number of prison inmates accepted into the DCJRP. Many of the downward departure offenders are targeted pre -adjudication, for eligible drug and property crimes. Currently, DCJRP support staff conduct a Safe Screen eligibility assessment based on offenders from the daily booking roster, which is forwarded to the District Attorney for initial completion and initial determination whether this may be a viable candidate a downward departure. The Deputy District Attorney determines whether to request a Defendant Assessment Report (DAR) and recommend the person for the DCJRP. The DAR is formulated based on four evidence based risk and needs assessments. The major effort at this phase is to assist the District Attorney and the Courts by providing them with more information regarding the offender's risk and needs as well as the likely responsivity if granted probation. The District Attorney's office and the Courts make the determination if the offender is a suitable candidate for the downward departure. Once the offender is accepted into the program DCJRP PPOs conduct a current LS/CMI if one has not been completed recently and also work with the offender to create a case plan. Offenders undergo intensive supervision and meetings with their PPO as often as weekly. During their office visit, the offenders and PPO will work on creating behavioral change plans and addressing the offender's specific risks and needs. The JRP PPOs utilize motivational interviewing, Carey Guides, and other evidence -based techniques during the office visits. The PPO can provide assistance such as bus passes, DMV identification help, or other resources that the PPO determines will help the offender in meeting their case plan and behavioral change plan goals. Medium or high risk offenders based on the LS/CMI will be enrolled in the Deschutes County Adult Parole & Probation department's Moral Reconation Therapy (MRT) program. This program is evidence -based and requires a minimum of 16 weeks to complete. Deschutes County Adult Parole and Probation uses a continuum of community- based sanctions, services, and programs. The goal is to maintain a high level of contact frequency, which has proven to help to reduce recidivism. The PPOs will also make the necessary referrals to outside treatment providers. All offenders in the DCJRP will have access to sober/transitional housing. Deschutes County has two community partners it utilizes for transitional/sober housing. The Bethlehem Inn is one of those providers and they offer three transitional housing beds that have intensive case management that focuses on transitioning an individual into more permanent housing. Our second housing partner is Pfeifer and Associates, who we contract to offer a minimum of ten sober housing beds each month. These beds are for single adults or adult with children and have an in house manager that helps to ensure it remains a sober living environment. Deschutes County also partners with two community treatment providers to offer drug and alcohol treatment to JRP offenders. As part of the treatment, program both providers offer recovery mentor services to all JRP offenders enrolled in their treatment program. These recovery mentors provide support in helping offenders successfully complete treatment and supervision. This includes transportation assistance, job/resume assistance, and other forms of continued support. Many offenders are also assigned to a random UA program, which operates 7 days a week. Deschutes County Adult Parole and Probation uses a variety of sanctions and services for the DCJRP. Currently, offenders undergo sanctions such as electronic monitoring, drug/alcohol testing, jail time, work crew, and community service. As part of the implementation of DCJRP, Deschutes County Adult Parole and Probation designed an in house database to collect data that helps facilitate effective program management and accurate grant reporting. Deschutes County is also currently working with county Information Technology, the Department of Corrections, and Multnomah County to utilize DOC 400 data to create dashboards for informed decision-making. Additional questions for each program: ❑ Describe the target population for the program. (500 -word maximum) Target Population (500 words) The primary target population for the DCJRP are medium and high-risk property, drug and statute crime offenders who in lieu of prison received a downward departure. We are also targeting Short Term Transitional Leave and offenders participating in the Alternative Incarceration Program. Occasionally a statutorily or otherwise program eligible offender scores low in the LSCMI. In those instances we aim to provide a commensurate level of service aimed at public safety that does not further entrench the offender in higher risk populations. ❑ List the evidence -based practices/services to be implemented, as well as the research that supports the use of the practices/services as part of the proposed program. (500 -word maximum) Evidence Based Practice/Services (500 words) Deschutes County Adult Parole and Probation strives to provide supervision and interventions with DCJRP offenders using core correctional practices, focusing on risk, needs and responsivity. This framework attempts to match the offender with the correct level of supervision and services based on their risks and needs, in a manner that matches the offender's learning style and removes barriers to behavior change. The program establishes risk first through the Defendant Assessment Report (DAR), which is actually four validated criminogenic risk and stage of change screens: LC/CMI risk assessment, a Texas Christian University drug screen, the Public Safety Checklist (PSC), and a University of Rhode Island Change assessment (URICA). STTL/AIP and some downward departure offenders may not receive a defendant assessment report prior to program entry so they will receive a LS/CMI within the first 30 days. Once accepted into the program, DCJRP PPO's use the DAR and/or LS/CMI to identify and address the biggest criminogenic needs through a case plan, and provide supervision levels and other evidence -based interventions that ensure appropriate dosage. In addition to community-based treatment, or the department's MRT program that address criminogenic needs, PPOs utilize motivational interviewing and interventions that address the thought -behavior link during their meetings with offenders, including Carey Guides that can be used during office visits or home visits. The low caseload size target (35) allows PPOs to meet intensive contact standards for DCJRP offenders in an attempt to reach the levels of dosage research indicates is effective for higher risk offenders (Center for Effective Public Policy. (2014). Dosage Probation: Rethinking the Structure of Probation Sentences. National Institute of Corrections. pg. 7). A highlight of the DCJRP is the MRT program, which focuses on behavioral change and the thought processes behind those behaviors. This type of therapy has shown success especially with substance abuse and criminal conduct (Przybylski, R. (2008). What Works: Effective Recidivism Reduction and Risk -Focused Prevention Programs. Colorado Division of Criminal Justice. pg. 61 and 62). We have roughly 65-75 offenders in MRT at any given time. Our program is a 16 -step program that meets once a week. Offenders are separated by gender and enrolled in a class in either our Bend or Redmond office. Program data indicates that pre -contemplative offenders are less likely to complete MRT. As such, we are considering implementation of a commentary curriculum to address motivation prior to beginning MRT. Finally, Deschutes County Adult Parole and Probation provides responsive supervision by addressing factors that negatively influence the offender's ability to make lasting behavior change. This often first includes removal of barriers to basic living needs. We offer services such as transitional housing, transportation, identification assistance, and employment assistance so that the offender can more likely spend time and focus on behavior change goals. Deschutes County is experiencing a serious affordable living crisis. Safe, affordable housing is a major barrier for offenders reentering the community and we have sought to address this barrier through significant investment in housing (Przybylski, R. (2008). What Works... pg. 116). U List the metrics to be tracked locally in order to evaluate progress in achieving the goalsand objectives identified in the program description. (500 -word maximum) Metrics Being Tracked (500 words) Deschutes County Adult Parole and Probation has created an in-house database to track many of the programmatic elements of the DCJRP. This allows us to monitor the specific program elements listed below at an offender level and can help gauge program cost based on the offender. Risk STTL/AIP Acceptance Rates Average daily population based on risk. LS/CMI completion rates. Defendant Assessment Reports completion totals. Monthly Significant contact rates. Needs Recovery mentor monthly status/progress reports. Recovery mentor caseload sizes. Alcohol and Drug Treatment monthly population. Alcohol and Drug Treatment completion rates. MRT monthly population. MRT completion rates. Sanction rates. Responsivity Sober housing statistics length of stay. Sober housing status at closure. Transitional housing length of stay. Treatment status at time of housing closure. We also measure JRP program completion rates. One of our goals for this year is to create a method to track revocations and new sentences. The revocation are something we can look at internally, but we will have to take a collaborative approach with the district attorney in terms of new sentences as this falls outside of our control. We understand that both of these things directly influence prison usage and thus the hope is that by measuring them we can make informed decisions regard the impact of our DCJRP. 2. Four Goals of Justice Reinvestment: Responses in this section reflect the applicant's Justice Reinvestment program as a whole. This includes all proposed grant -funded activities, as well as local policy changes or collaborative efforts that support the county's progress toward meeting the four goals of Justice Reinvestment. ❑ The application must address ALL four goals of Justice Reinvestment. In this section, it is required that applicants use the county -specific data found on the CJC dashboards to clearly articulate the county's progress toward meeting the four goals, as well as how the proposed program will assist in meeting those goals in the future. Questions about how to use the CJC dashboards? Contact Ross Caldwell, ross.caldwell@oregon.gov 1. Reduce recidivism through evidence -based practices. (750 -word maximum) Applicants are expected to use the CJC recidivism dashboards to contextualize the county's current recidivism rates and explain how the proposed program will decrease these rates. Describe efforts to reduce recidivism during the past biennium in which the county has received Justice Reinvestment funding and how the proposed program will change or continue those efforts. The statewide definition of recidivism from HB 3194 includes new arrest, conviction, or incarceration within three years of a prior conviction or release from custody (ORS 423.557). CJC dashboards show statewide and county -specific recidivism data for parole and probation cohorts by crime type at both one and three years. Applicants are encouraged to address comparisons to the statewide rate. Reduce Recidivism through Evidence Based Practices (750 words) Looking at recidivism data for property, drug, and driving offenses Deschutes County has a slightly higher recidivism rate in all three of the recidivism types that are currently measured by the Criminal Justice Commission. Historically this looks like this has always been the case. Looking at the 3 -year recidivism date Deschutes County's recidivism rate hit a low point with the 2009 cohort, but has been slightly increasing. Based on the 3 -year data it is still too early to get a good sense of the impact of the DCJRP, given that full implementation is just under one year at the time of writing. During the past 18 months of initial implementation, PPO changes within the program have directly impacted our Justice Reinvestment caseloads. The lack of PPO consistency and delays in terms of resources have prolonged the implementation of DCJRP. We will continue to watch recidivism trends and if unsatisfactory will look to identify which elements of the risk, needs and responsivity framework need bolstering. A key component of this work is ensuring that we collect, analyze and use data frequently to identify and fine tune program weaknesses. DCJRP PPOs must be trained in motivational interviewing and cognitive -behavioral based interventions and utilize these techniques when interacting with the offender. We will continue to invest in housing and transportation resources when applicable. This can include basic transitional housing where they are working to self-sufficiency or our more structured sober housing that is provided by one of our contracted treatment providers. We will continue to ensure caseloads are structured with a maximum of 35 offenders to ensure time and space to provide appropriate levels of supervision and behavior change opportunities. We will continue to press for community-based providers to implement evidence -based practices, including working with them to review Correctional Program Checklist (CPC) results, ensuring the identification and tracking of outcomes for any offenders receiving services, and meeting periodically to review DCJRP and specific program goals. 2. Reduce prison utilization for property, drug, and driving offenses. (750 -word maximum) Applicants must identify how the proposed program will reduce county prison usage for property, drug, and driving offenses. Applicants are expected to use the CJC Justice Reinvestment Prison Usage dashboards to address data trends. If prison use has increased or remained above the baseline average during the 2015-17 biennium, the applicant should address the usage and how the proposed program will contribute to progress toward meeting this goal. If the county's prison use has been below the baseline average, the applicant should address the decreased usage and how the proposed program will continue this progress. Applicants are encouraged to incorporate data specific to the county's prison intakes, revocations, length of stay, and relationship to the statewide rates when discussing past, present, and projected prison usage. In addition, applicants will be asked to respond to CJC Dashboard data regarding county prison usage specific to female property, drug and driving offenses, as well as describe local efforts to address this population. Reduce Prison Utilization for Property, Drug, and Driving Offenses (750 words). Deschutes County Adult Parole and Probation created the DCJRP to address the major goals of the Justice Reinvestment Initiative. Looking at our prison usage based on the Criminal Justice Commission's JRI dashboard for property, drug, and driving offenders, our prison usage on a per capita rate is below the state average. Further, we saw a decrease in the number of months used from January 2015 to about May of 2016, which brought utilization below our baseline. However, starting in June of 2016 we have seen a slight but steady increase that has recently exceeded our baseline by 10%. One thing that needs to be taken into consideration with this data is that Deschutes County is a relatively small county when compared to counties and our data can tend to fluctuate much more. Our 3 -year baseline is 1847 prison months and thus a few extra intakes or a few increased sentences can result in dramatic changes. The cause of this increase is likely driven by several factors including population, revocations, and new sentences. We looked into our revocations and it appears that in 2016 we had a slight increase in revocation, but more recently our revocation rate have returned to 2015 levels. The average length of stay has remained constant, and is currently below the state average. We have seen a slight increase in the number of new sentences and this this could explain some of the increase. Moving forward, we will continue to monitor both revocations and new sentences. Revocations are controlled to some degree by internal policy and practice. We will continue to monitor utilization based on revocations and examine and make changes where evidence indicates that alternatives to revocations are effective. By January 2018 we aim to establish a reliable data tracking source for new sentences and to work with the District Attorney and Courts to ensure their familiarity and comfort level with the elements of the DCJRP most effecting them. We will continue to provide high quality Defendant Assessment Reports (DAR) in the hope of capturing more of the offenders who can be safely supervised in the community rather than being sent to prison. As explained before, PPO movement, delays in funding, and program implementation have likely influenced the effectiveness of our program in the short term. However, as we currently stand our program is in full operation with a committed a Justice Reinvestment team. It is our expectation that in full operation our DCJRP will have an impact on prison utilization, while also addressing the other major goals of JRI. One of the most recent concerns in terms of prison usage has been with the women's population. Deschutes County women's prison usage for drug crimes increased for first sentence from 2013 to 2016, but at the current trend looks to be decreasing for 2017. In terms of probation revocations for drug crimes for women offenders, there has been a decrease since 2014. If we look at property offenses, we have experienced a decrease in both first sentences and probation revocation other than a slight spike in 2016 for revocations. Deschutes County has services specifically tailored to our female offender population and was one of the counties selected to take part in the Family Sentencing Alternative Program (FSAP). We currently offer gender specific MRT, gender specific treatment groups, gender specific housing options (some which allow children), and gender specific recovery mentor services. Most of our downward departure offenders with children will go to our FSAP caseload and we are hoping with the legislative changes even more will qualify. 3. Increase public safety. (750 -word maximum) Applicants are expected to reference the CJC Uniform Crime Report (UCR) dashboard to describe how the proposed program will increase public safety while successfully meeting the other three goals of justice reinvestment. If a county does not have full UCR law enforcement reporting, the applicant should make note of this. The CJC UCR dashboards contain percentages of county law enforcement reporting, as well as months successfully reported by those departments. Increase Public Safety (750 words) Currently, looking at the Oregon Uniform Crime Report data Deschutes County has shown a decline in behavior, person, and property crimes. The biggest decline has occurred in property and behavior crimes. The person crimes have remained fairly flat. The hope is that the DCJRP program will help to decrease these even further. The DCJRP has been designed to address public safety concerns. First, all medium and high risk JRP offenders are enrolled in the MRT program. MRT is a cognitive based therapy that works to change criminal thought processes. Changing criminal thought processes leads to a reduction in criminal behavior, which in turn increases public safety. Second, the DCJRP is based on the intensive supervision model with goals of increased dosage for high and medium risk offenders. PPOs utilize motivational interviewing techniques and Carey Guides during their interactions, which are both evidence - based practice that have been shown to influence the offender behavior and thus likely result in a positive impact for community public safety. This increased dosage will lead to more contact hours and more collateral contacts. Research has shown that programs with more contact hours, that address the specific offender's needs, are more effective. At the same time with more contact hours in the form of office visits and unannounced home visits there is a higher degree of supervision, which leads to increased public safety. Third, many of our JRP offenders will receive either sober or transitional housing with one of our contracted providers. Our PPOs regularly communicate with these providers and are constantly aware of the offender's progress. Fourth, we are providing other resources such as bus passes, DMV id letters, and other employment related needs which help address basic needs which in turn can positively impact public safety. These resource address one of their basic needs while address public safety concern. Finally, all offenders needing drug and alcohol treatment will be referred to one of our contracted providers and will receive a recovery mentor who will be another point of contact. The goal of treatment is successful rehabilitation which can directly affected public safety. 4. Hold offenders accountable. (750 -word maximum) Applicants should explain how offenders will be held accountable during implementation of the county's Justice Reinvestment program. Identify relevant examples of how members of the local criminal justice system work together to ensure offender accountability. This can include tracking service, treatment and restitution completion, as well as sharing information about supervision conditions, jail capacity and usage, and sanctioning and revocation practices. Hold offenders Accountable (750 words) First, offenders participating in the DCJRP will be assigned to caseloads of approximately 35 offenders. These caseload sizes allow for intensive supervision, the application of sufficient dosage, and prompt responsiveness to offender conduct. Frequent contact and prompt intervention is essential for success with high/medium risk offenders and allows PPOs to be much more responsive in terms of holding the offender accountable. Second, our DCJRP PPOs also have the ability to enroll program participants in our random UA program that operates 7 days a week. Our UA program is monitored closely and PPOs are made aware of questionable results as soon as possible so they can address this with the offender. This allows the PPOs to be more responsive to offender misconduct and offender accountability. Third, our JRP PPOs are also able to use a variety of interventions/sanction such as community service work crew, electronic monitoring, and jail, which allows for a variety of option when addressing offender misconduct. Our JRP PPOs use a graduate sanction model based on the severity of the misconduct and the offenders risk/needs. All of these are methods that can be used to address offender accountability and really help to ensure that the offender is meeting the expectations of the program. Finally, our contracted treatment providers are providing constant feedback regard offender progress, which includes misconduct and our PPOs are able to use this information to swiftly respond. LI Evidence of Collaboration in Planning and Implementation (750 -word maximum) Effective collaboration within the LPSCC is expected in the development, submission, and monitoring of the county's Justice Reinvestment grant. Describe the collaborative partnerships in place that will support the county's performance and progress toward the four goals of Justice Reinvestment. List relevant public safety system partners and community partners that support the program. Additionally, describe any Justice Reinvestment technical assistance the LPSCC would be interested in receiving. Evidence of Collaboration in Planning and Implementation (750 words) This program requires the work of Deschutes County Community Justice, the District Attorney's Office, the Courts, Deschutes County Sheriffs Office, and current treatment providers in Central Oregon. These organizations have been and will continue working collaboratively to manage specific offender groups through the local system, which focuses on identifying the needs of the offender and addressing those needs through evidence based services and programs. Collaboration is perhaps strongest at the case level. Staff providing the Defendant Assessment Reports and PPOs managing cases have frequent and productive relationships with the Assistant District Attorneys involved in the case. We have conducted 138 safe assessments, which resulted in close to 60 Defendant Assessment Reports being requested. The Defendant Assessment Reports provide information to our community partners to aid in decision making when determining if someone can be safely supervised in the community. This particular program requires close collaboration especially with the District Attorney's office because of the way in which offenders are identified right at the time of initial arrest. As previously mentioned, We are also in the process of working with the District Attorney's office and the Court to find a method for measuring the sentencing practice for drug, property, and driving offenses to better understand prison utilization and impact, concerns, or improvement areas required within the DCJRP. Finally, public safety and county officials remain staunch supporters of the DCJRP initiative. Deschutes County's LPSCC is active and meets monthly to address current public safety concerns, provide feedback and suggest improvements or public safety needs. It reviews the DCJRP plan and application, listens to updates throughout the year and supports the joint JRI goals of reducing prison utilization and recidivism while maintaining public safety. 5. Proposed Program Budget Worksheet: CJC requests that applicants prepare a budget based on the full two-year biennium cycle, July 1, 2017 to June 30, 2019. The budget should clearly show a breakdown of costs in the following categories: personnel, fringe, contractual/consultant services, supplies, travel/training, equipment, rent/utilities, evaluation, and administrative. Administrative costs must not exceed 10 percent of the overall award. Administrative costs may include activities such as purchasing, budgeting, payroll, accounting, and staff services. Administrative costs may also include funds to incentivize compliance by law enforcement agencies with Uniform Crime Reporting and other timely law enforcement data -collection activities. Deschutes County Justice Reinvestment Initiative Grant Application 2017-2019 Proposed Budget PERSONNEL (2 Officers, 1 Specialist; 1 Tech; 1 Analyst) $654,258 FRINGE (Health Insurance, PERS, Worker's Comp) $365,312 RENT/UTILITIES (Building Rental, Utilities) $71,836 SUPPLIES (Miscellaneous) $15,042 EQUIPMENT (Computers, Radios, Office, Telephone) $13,100 VICTIM 10% (Mary's Place, KIDS Center, CASA) $174,200 CONTRACTUAL SERVICES (Treatment, Housing, etc.) $410,460 TRAVEL/TRAINING $9,200 ADMIN (County Internal Services) $55,512 TOTAL EXPENSES $1,768,920 FY17-19 AWARD $1,741,920 FY15-17 Carryforward $27,000 TOTAL RESOURCES $1,768,920 DIFFERENCE $O NOTE: Use only WHOLE numbers when completing the budget. Decimals WILL NOT be accepted by the grant -application software system. 6. Victim Services 10% Narrative: Ten percent of Justice Reinvestment grant funds must be allocated to community-based nonprofit victim services providers. Each victim services provider must complete a separate Victim Services 10% Narrative. Each narrative must include a description of the proposed services (1,000 -word maximum) and explain how the proposed services will address the following criteria: • Demonstrates need for the proposed services in the community targeting marginalized and underserved populations in the community (500 -word maximum); • Addresses access barriers, such as but not limited to: language, literacy, disability, transportation, and cultural practices (500 -word maximum); • Increases capacity for areas where services are difficult to access, limited, or nonexistent (500 -word maximum); and • Invests in trauma -informed interventions and services (500 -word maximum). CASA Victims Services JR! Grant Application 2017-2019 Biennium Ten percent of Deschutes Justice Reinvestment grant funds will be allocated to community-based nonprofit victim services providers. Please complete each of the following questions along with its subparts and return to Deschutes County by June 30th, 2017. The grant applications will be approved by our local LPSCC and then submitted to the Criminal Justice Commission as part of our Justice Reinvestment Grant application. Grant award notification is not expected from the Criminal Justice Commission until late October or early November. 1. Each victim services provider must complete a separate Victim Services Narrative. Each narrative must include a description of the proposed services (1,000 -word maximum). CASA ("Court Appointed Special Advocates") of Central Oregon is a nonprofit organization that recruits, trains and supports volunteers who advocate for the best interests of abused and neglected children in the court system and throughout the community. When a child is removed from his or her home because of abuse or neglect, the Judge holds a hearing to transfer legal custody to the State, and is required by Oregon law to appoint CASA to represent the child's best interests in all court proceedings. In order to establish jurisdiction over the parent/caregiver of the minor, the Judge must find the child has suffered abuse, neglect, and/or faces a threat of imminent serious harm. Once CASA of Central Oregon is appointed to a case in Deschutes County, our goal is to pair a CASA volunteer Advocate to each child. Then the Advocate, as a party to the legal proceeding, is not only a part of all court proceedings, but becomes what Judge Forte in Deschutes County has described as his "eyes and ears in the community" --- helping the Judge assess whether court orders regarding the child(ren) are actually being followed. The Advocate's job is to promote the child's path towards recovery, to insure that the child receives all needed services, and to help prevent future abuse. A CASA volunteer Advocate is a community member who has completed a rigorous 12 -week training, passed criminal and DHS background checks, and who has agreed to stay in service to a child until that child has transitioned into a safe and permanent placement. This advocacy is effective: children paired with a CASA volunteer tend to receive more needed services, tend to do better in school and in key mental health markers, and tend to move through the foster care system more quickly than children without a CASA volunteer advocating for their best interests. Unfortunately, Central Oregon is experiencing a rise in child abuse and neglect, and we do not have the resources to pair a trained and supported Advocate with each child. In 2016, CASA of Central Oregon was appointed to serve a record number of children in Deschutes, Crook and Jefferson counties. For the purpose of this grant, only statistics for Deschutes County will be used. If funding is awarded, the dollars will support CASA's work in Deschutes County only. Last year, 104 CASA volunteers with the help of 2.3 FTE staff served 80% of the 336 children in foster care in Deschutes County; this year CASA expects that over 350 children in Deschutes County will spend time in foster care. Funding from the Victim Services grant has allowed CASA of Central Oregon to serve more children in Deschutes County than ever before, and with the continuation of this grant, CASA of Central Oregon will be able to more effectively respond to the continued increase in children entering the foster care system, build on the past successful program growth, and continue to close the gap between the need and the available resources. Currently, approximately 80% of children in foster care in Deschutes County are paired with an Advocate; the goal is to have 90% served by an Advocate by 2019. CASA services are rooted in a child's fundamental right to be safe, and a child's need for empowerment and restoration after that child has been victimized by his or her caregivers. To ensure that CASA of Central Oregon stays true to this focus, the organization complies with National CASA Standards in partnership with the US Department of Justice, Office of Juvenile Justice & Delinquency Prevention, and is an accredited member of National CASA. As a part of this accreditation, in addition to an in-depth pre -service training requirement, every CASA of Central Oregon volunteer is required to participate in continuing education to ensure that they understand that safety, empowerment, and restoration encompasses physical, mental, and emotional components, and that they remain engaged in all aspects of service to the child. To ensure a child's safety, the CASA volunteer must carefully monitor the foster placement and any parental visitations. To ensure the child's empowerment, CASA volunteers work to connect each child to appropriate victims' service providers and community resources. Finally, the CASA volunteer is always working towards the end goal of satisfactory restoration for a child in the foster care system, and while the details will be unique to the particular needs of each child, it will always include a safe place to call home. Despite the legal mandate to appoint a CASA for every child in foster care, across Oregon CASA programs receive just 8% of the needed funding to fully serve 100% of children in foster care. CASA of Central Oregon will use funds received through the Victims' Services Grant to recruit, train and support Advocates and increase average volunteer tenure in Deschutes County. With this funding, CASA will maintain/increase staff hours for direct recruitment, training, and support of 40-50 new Advocates to provide trauma -informed support to approximately 80 additional children in Deschutes County. The funds will also allow CASA staff to spend more time on services designed to increase volunteer tenure from approximately 40 months to 54 months, and on average serve 3 cases (average 8.4 children served) to conclusion instead of the current average of 2 cases (5.6 children served). 2. Each victim's services provider must also explain how the proposed services will address the following criteria (Please address each criteria below in a separate paragraph. Please follow word limits set by CJC): I. Demonstrates need for the proposed services in the community targeting marginalized and underserved populations in the community (500 -word maximum); Unfortunately, the number of children entering the foster care system in Deschutes County is growing. This population is perhaps one of the most marginalized, at -risk populations there is: minors who lack a functional parent or effective family safety net. The vast majority of children who come into care are living below the poverty line and without access to regular preventative health care. Poverty, of course, does not cause abuse. However, poverty can be an indicator that a parent is struggling in other ways as well as economically, and it is also an additional family stressor that can serve to weaken the family structure. Because under Oregon law, "child abuse" is defined as "any assault of a child and any physical injury to a child which has been caused by other than accidental means, and includes in relevant part: sexual abuse, sexual exploitation, contributing to the sexual delinquency of a minor, negligent treatment or maltreatment, threatened harm, and unlawful exposure to a controlled substance", children who enter foster care due to allegations of abuse or neglect have likely experienced significant trauma. More concerning still, once a child enters the foster care system, that child's needs are often unaddressed and underserved by the foster care system. In fact, a child's "Adverse Childhood Experience" score (discussed more below in Question 2(IV)) continues to climb for the duration that child remains in the foster care system. In Central Oregon, the CASA volunteer Advocate is often the only consistent adult presence in a child's life during his time in the foster care system. In Deschutes County, a child will experience an average of four caseworkers and three foster homes during his time in care, but just one CASA Advocate. The predictable, continual assistance of one trusted person can be the key to that child achieving a greater degree of resilience. Additionally, youth transitioning into adulthood without a permanent home (those "aging out" of care) are at extreme risk for homelessness, teen pregnancy and incarceration. With the JRP funds, CASA will continue and expand existing efforts funded with $40,000 (FY 16- 18) in grant funds from the National CASA Association to help train volunteers to work with at -risk teens who are aging out of the foster care system. Along with the civil dependency proceedings, CASA volunteers may also be involved on behalf of the child when the parent is implicated in a concurrent criminal case. Currently in Deschutes County, CASA is working with 23 children who have one or more parent facing criminal charges related to child abuse (including child sexual abuse), and 174 children with a parent who is currently incarcerated. Children with an incarcerated parent are at risk to experience a long list of challenges, and when combined with exposure to significant childhood trauma, this demographic is an extremely marginalized and underserved population — one that CASA volunteer Advocates are trained specifically to serve. 11. Addresses access barriers, such as but not limited to: language, literacy, disability, transportation, and cultural practices (500 -word maximum); CASA of Central Oregon is appointed to work with all children in foster care, regardless of what access barriers may exist. We actively recruit bilingual CASA volunteer Advocates, and train all Advocates to identify potential barriers to resiliency, including but not limited to literacy and disability. Advocates, for example, serve on their CASA child's IEP team, and are able to share input on a student's particular goals, and ensure that the child's needs are being addressed within the least restrictive setting. Grant funds from Victims Services will also be used in part to support CASA volunteer Advocates to travel to more rural areas of the County, and to serve children in rural foster placements — a cost barrier that can be an issue for some Advocates (and families). Finally, an important part of the CASA training includes a cultural sensitivity piece. This can be especially important when a child is placed in a relative foster placement, with traditions and cultural practices that are unfamiliar to the Advocate. We work diligently to promote the understanding that just because a family does not look like or sound like your family, that placement may be the best foster home for the child. I11. Increases capacity for areas where services are difficult to access, limited, or nonexistent (500 -word maximum); and A CASA volunteer's work with the child begins immediately after his or her appointment to a case, conducting discovery, making sure that the child is connected to appropriate physical and mental health services, actively monitoring the child's foster placement, and meeting with the child's teachers, extended family, therapists, physicians, Child Protective Service case workers, and any other possible resources who may provide a needed service for the child. Identifying and connecting children and youth to needed services is a fundamental part of advocating for the child's best interests. Perhaps most significantly, the CASA volunteer spends time with the child, and works to develop a trusting and positive relationship. All of these steps are geared towards helping a child recover from trauma and rebuild a childhood. The CASA staff assists the volunteer Advocate and ensures that the Advocate knows about the 20+ appropriate community resources available, including system based (DHS Child Welfare/DA-based services/Deschutes County Behavioral Health) and non -system based (KIDS Center/Saving Grace) agencies, and provides assistance navigating the legal process. With the help of CASA staff, the Advocate drafts a court report before each hearing in order to advocate for the child's best interests, including whether the plan should be reunification with parent or whether the court should consider an alternative plan, and to encourage the Judge to order any needed services that are not being provided. Once a child enters the CASA program, services are ongoing until the child transitions into a safe and forever home (reunified with parent(s), placed in a permanent guardianship, or adopted). Services continue after the close of the dependency proceedings when there is an on-going need for CASA involvement, such as when a parent has regained legal custody but is still working towards graduating from Drug Court. In those circumstances, the CASA staff and the CASA volunteer Advocate still attend all Drug Court meetings and hearings to ensure that the child remains safe and has continued access to all needed services and supports. Additionally, in the very unfortunate case when a child re-enters care after reunification with a parent, CASA of Central Oregon makes every effort to place the child back with his or her original Advocate to allow a measure of familiarity and consistency for the child, as well as a critically important understanding of past services and any barriers. This act of pairing a specific community member with a specific child is extraordinarily powerful; that child learns that there is an adult who can be counted on when their primary caregiver fails to keep them safe, and that caregiver has the knowledge to ensure their specific needs are met as quickly as possible. IV. Invests in trauma -informed interventions and services (500 -word maximum). Children who are placed in foster care due to abuse or neglect have likely experienced significant trauma. The Center for Disease Control ("CDC") found that children, on average, enter the foster care system with an "Adverse Childhood Experience" ("ACE") score of 5.2 out of a possible 10. A score of 4 or greater has been linked to serious adverse long-term mental and physical health outcomes, including diabetes, some cancers, and both perpetrating violence and being a victim of violent crime. That score, however, is not determinative, meaning that it can be offset by increasing a child's protective factors that help build resilience and recovery. A significant piece of an advocate's work at CASA is identifying the gaps in services to increase protective factors. With the help of Victims Services grant funds, we are now engaged in ensuring that all of our volunteer trainings are geared to help create a complete "trauma -informed system" to serve children and youth in ways that actively promote resilience. This goal is both internal at CASA and external, meaning that we are teaching our staff and volunteers that a key part of advocacy for children and youth is building a safety net of supports that goes way beyond the courtroom. CASA's Trauma -Informed System has the following goals: • Increase public awareness of the impact of trauma on children and youth • Build strategic partnerships to prevent and address trauma as a community • Promote wellness, resiliency, and protective factors • Create conditions of successful adaptation • Quickly identify children who have experienced trauma and advocate to get children access to all appropriate services • Avoid any additional trauma while in foster care and if/when reunification with parent occurs • Break the cycle of family violence Perhaps the best way to illustrate the impact of this system is through an example based on an actual case. CASA volunteer "Mary" was working with "Jake" who had come into care after allegations of neglect. Jake was unable to focus in school, and became violent around other children on the playground. Once in foster care, Jake was quickly put on two medicines to control what looked to everyone like severe ADHD. His outward behavior improved, but he was still unable to make friends and he became sullen. Mary was concerned, and when she saw that Jake no longer liked to play with the dog at his foster placement, she reached out to the doctor who had prescribed the medicines, and carefully outlined everything she had observed. The doctor subsequently ordered an assessment at the KIDS Center, and Jake disclosed for the first time a history of severe family violence. He was immediately placed with a therapist, and his medications were re-evaluated. Jake now attends a social skills group focused on making friends and working through anger, sees his therapist every week, takes no medication, and is making great progress in school. The staff hours funded through these grant funds provided Mary the tools to fully integrate trauma -informed interventions and services for Jake. Mary's Place Victims Services JR! Grant Application 2017-2019 Biennium Ten percent of Deschutes Justice Reinvestment grant funds will be allocated to community-based nonprofit victim services providers. Please complete each of the following questions along with its subparts and return to Deschutes County by June 30th, 2017. The grant applications will be approved by our local LPSCC and then submitted to the Criminal Justice Commission as part of our Justice Reinvestment Grant application. Grant award notification is not expected from the Criminal Justice Commission until late October or early November. 1. Each victim services provider must complete a separate Victim Services Narrative. Each narrative must include a description of the proposed services (1,000 -word maximum). Mary's Place Supervised Visitation & Safe Exchange Center (MP), a program of Saving Grace, proposes to utilize Justice Reinvestment (JR) grant funds to support case management activities conducted by MP senior staff on behalf of adult and child survivors of intimate partner/dating violence, stalking, sexual assault, and/or child abuse. In addition, 10% of grant funds (if awarded) will support a portion of the MP program manager's supervision of JR grant -funded staff and overall work of the visitation center. Since opening the doors in February, 2006, Mary's Place has provided over 455 families (890 adults and 672 children) with over 5,000 supervised visits and over 9,500 safe exchanges. MP is a unique and vital program for Central Oregon, one of only two such specialized domestic violence -focused intervention visitation centers in Oregon (the other is in Portland). All services are free. We are proud of our record of maintaining safety in providing services in these highly charged situations. During over 11 years of continuous operation, no children, parents or staff have been injured or killed while participating in our program, and 98% of all victims served to -date have reported an increased sense of safety for themselves and their children as a result of being able to depend on Mary's Place for visits, exchanges, case management and advocacy services. In a 2011 study by the Institute on Family Violence Studies at Florida State University which followed families referred to supervised visitation due to domestic violence, 37.1% of the offender parents had arrests for crimes involving violence prior to involvement in supervised visitation. After ending supervised visitation (on average, SV lasted for seven months) and for up to one year following services ending, only 12.8% of these parents had new arrests for violent crimes. 20.5% of families in the study had involvement with child protective services during two years prior to beginning supervised visitation. After ending services and up to one year following services ending, only 4.8% had CPS involvement, or a 75% reduction. In FY 2017-18, 40-45 families per month are anticipated to receive services including supervised visits and safe exchanges, as well as extensive case management in support of visits and exchanges. During calendar year 2016, Mary's Place staff conducted an average of 488 case management activities per month. These case management services (proposed to continue with JR funding) include safety planning; pre -orientation interviews; individual orientation appointment for all adults and children referred to the program (an average of two hrs per orientation per adult and up to one hour for children); scheduling of visits and exchanges; referrals to supportive services of Saving Grace including legal advocacy, court accompaniment, counseling, and safe shelter; consultation with community partners on behalf of adults and children involved with Mary's Place including attorneys, child welfare, parole and probation, the court, law enforcement, therapists, Legal Aid, KIDS Center, and Veteran's Services, among others. Over 1/3 of all families, upon initial referral to Mary's Place, do not end up using the program for a variety of reasons including that one parent refuses to cooperate or protective orders which referred the family to MP are resolved or modified. However, all adults who contact MP are served by case management activities as needed, which may include screening, safety planning, referrals to community partners, and also often involve scheduling of and completing orientation appointments by one or both parents. A number of these individuals and families eventually do participate in visits or exchanges with MP (as much as up a year or more later). Mary's Place allows families to continue in services as long as there is a need for safety (with consideration for our capacity). Families are also welcome to return for services if safety issue should occur after leaving our program. The overarching goal of Mary's Place is to provide safety in three timeframes: during the two-hour supervised parent/child visit; during the two years following the parents separating (the time most domestic violence injuries and homicides are committed); and during the 20 years of co -parenting (following the birth of a child from infancy to adulthood when the parents have to interact with each other). The goals of Mary's Place are to: • Keep victims and children safe and hold batterers accountable. • Improve the coordinated community response to families that are victim -focused in all aspects of post -separation intervention. • Provide a continuum of Mary's Place services that address the needs of victims. The outcomes of Mary's Place are: • Non -abusive parents (victims of abuse) will strongly agree or agree with the statements, "using Mary's Place for visits or exchanges has helped me feel safe" and "using Mary's Place for visits or exchanges has helped my children feel safe." Parents will be surveyed to access progress with the above listed outcomes on a quarterly basis (via anonymous survey). Supervision of JR -funded case management staff will be provided by the program manager, who has been with Mary's Place since it opened in 2006. She provides oversight of the entire program and its staff, as well as responsibility for data collection, policy development and implementation, grant reporting, leadership with community partner agencies, and is closely involved with daily operations of the center. She sits on the management team of Saving Grace, leads the Cultural Responsiveness Team of Saving Grace, and sits on the Deschutes County Domestic Violence Council, which also acts as an advisory board to Mary's Place. 2. Each victim's services provider must also explain how the proposed services will address the following criteria (Please address each criteria below in a separate paragraph. Please follow word limits set by CJC): I. Demonstrates need for the proposed services in the community targeting marginalized and underserved populations in the community (500 -word maximum); In calendar year 2016, MP provided 5,857 case management services on behalf of 357 unduplicated individual adults consisting of former MP clients, current MP clients, and potential MP clients. 919 safe exchanges and 675 supervised visits were provided to families consisting of 138 unduplicated adults and 102 children. These numbers clearly demonstrate the need for our services in Deschutes County. We are the only program offering the free, comprehensive and specific services of supervised visits and safe exchanges where there has been intimate partner violence (IPV), sexual assault, stalking, (and/or child abuse in the context of IPV) for families where the children are still in the custody of one or both parents. DHS -Child Welfare offers limited supervised visitation for such families only when the children are in the custody of the state. Their model is also very different from ours. All survivors of IPV and the related crimes described above are marginalized by their victimization. Even those who come from a higher income bracket often are cut off from all finances and supports including housing by their abusive partner. The majority of adult survivors who engage with MP services are living at or below the poverty level, and though working, fall short of meeting basic needs including safe housing, food, and affordable child care. The largest minority population served (Latino) comprises nearly 11% of all adults served. This group faces additional barriers including language, immigration status, and poverty at levels more extreme than that experienced by our white population who live in poverty. 17% of all adults served with visits/exchanges in 2016 live in rural areas, adding an additional barrier of transportation and isolation. II. Addresses access barriers, such as but not limited to: language, literacy, disability, transportation, and cultural practices (500 -word maximum); For Spanish -speakers seeking MP services, MP provides a phone line staffed by a native Spanish speaker/MP facilitator, as well as visits, exchanges, and case management services provided in Spanish or English as desired. Two MP staff speak Spanish. Other languages can be accommodated via Language Line. MP services occur in an ADA accessible building. Deaf/hard of hearing individuals are served via a certified ALS interpreter and text messaging or other accommodations desired by the clients. Cultural practices are respected (food, observance of religious and other holidays and customs to the extent that they fit within our parameters of safety for adult and child victims. Gas cards and bus passes are available for individuals with unreliable or no personal transportation, those coming from rural areas and experiencing poverty. Mary's Place is a safe space for LGBTQ adults, adolescents and children. We maintain a close relationship with technical assistance providers including VERA Institute of Justice and Inspire Action for Social Change, among others, and regularly engage in consultation regarding best practices and when situations arise where we need help in addressing barriers to services. III. Increases capacity for areas where services are difficult to access, limited, or nonexistent (500 -word maximum); and MP has a specific service area of Deschutes County (that is, one parent must reside in Deschutes) while the other parent can live elsewhere. Non-resident parents come from as far away as Portland, Vancouver, Eugene, and even out of state. We also serve one family at a time (with Saving Grace donated funds) where both parents live in Crook/Jefferson County, since Saving Grace is a tri -county agency. Within our current space, staffing and budget, we are operating at full capacity as is. We do however, through outreach efforts of Saving Grace advocates stationed in Bend, LaPine, Madras, Prineville and Redmond (including bi-lingual (Spanish) staff) as well as our community partners such as Legal Aid, Victims Assistance, KIDS Center, law enforcement, Latino Community Association, the Court, Deschutes County's mediator and others, actively promote the existence of/how to access our services to those who may be unaware of our program. IV. Invests in trauma -informed interventions and services (500 -word maximum). It is a key value of Saving Grace that staff are supported in staying emotionally healthy and aware of the potential for vicarious trauma and burn -out. We cannot provide trauma -informed, client -centered services unless staff themselves are trauma resilient. Support is provided via generous paid -time -off policies and opportunities for training. In May and June, 2017, MP & SG staff attended a half-day training on vicarious trauma and trauma resiliency, and additional half-day training on compassionate communication. Our practices in working with adults and children include providing safe, private spaces for orientations, debriefs and safety planning, on-site counseling with a Saving Grace therapist or counseling at the SG counseling center, and a Saving Grace advocate dedicated to Mary's Place for on- site services. We are committed to a very important aspect of trauma -informed services which is to provide a non -judgmental atmosphere and a willingness to slow down and take the time needed to help address client's concerns and support their self -empowerment. For children, we make it a practice to model respect for victim -parents (typically mothers) whose parental bond has often been undermined by their abusive partner. By offering a safe, supportive physical and emotional environment, we aim to enhance the ability of adult and child victims' resiliency and healing. Mary's Place also ensures that staff have time and space via a weekly staff meeting to be supportive of each other, share current needs and concerns of families, and maintain awareness of how they (staff) are being impacted by what can be difficult work. KIDS Center Victims Services JRf Grant Application 2017-2019 Biennium Ten percent of Deschutes Justice Reinvestment grant funds will be allocated to community-based nonprofit victim services providers. Please complete each of the following questions along with its subparts and return to Deschutes County by June 30th, 2017. The grant applications will be approved by our local LPSCC and then submitted to the Criminal Justice Commission as part of our Justice Reinvestment Grant application. Grant award notification is not expected from the Criminal Justice Commission until late October or early November. 1. Each victim services provider must complete a separate Victim Services Narrative. Each narrative must include a description of the proposed services (1,000 -word maximum). Proposed Victim Services: Over the two-year grant period (July 1, 2017 —June 30, 2019), we project that we will provide 560 (280 per year, at a cost of $840,000 per year) Deschutes County children with comprehensive evaluation services. The JRA grant amount of approximately $28,000 per year is 3% of this annual budget, and will provide evaluation services for an estimated 10 children per year, all of whom are low-income. For victims of acute child abuse in Deschutes County, KIDS Center is the essential community resource for providing highly specialized medical evaluations, forensic interviews, family support, and therapy for victims of child abuse to heal and gain tools to build healthy relationships and improve their readiness to learn in school and succeed in life. KIDS Center services are completely focused on victim safety, empowerment, and restoration for child and adult victims in Deschutes County. Victim safety is a priority and assessed from the first contact with KIDS Center staff and throughout the direct engagement with the victim and family members. Safety, empowerment, and restoration includes many levels and often encompasses physical, mental, and emotional components. These are addressed through both direct, on- site services as well as through an extensive referral process. JRA grant funds will provide a seamless, compassionate and comprehensive approach to help young victims of sexual and/or physical abuse, neglect, and/or witness to domestic violence, to begin the healing process, break the cycle of child abuse, and gain the tools to start their journey toward a healthy future. Specific services will include: Medical Examination: The child abuse evaluation process begins with a head -to -toe medical exam provided by a physician or nurse practitioner specially trained to medically evaluate children who are victims of abuse. Evaluations are conducted in a child -friendly environment designed to minimize additional trauma on the child. As the Designated Medical Provider for child abuse in Deschutes County, KIDS Center is charged with examining every child who does and does not disclose abuse in any form. In addition, the provisions of Karly's Law require KIDS Center to examine children with concerns of physical abuse within 48 hours. Referrals are provided by DHS — Child Welfare, law enforcement agencies, licensed therapists and medical professionals who suspect that abuse has occurred. Forensic Interview: A child -friendly forensic interview is provided by a skilled professional who is trained in national protocols and who meets all standards set forth by the National Children's Alliance and the Oregon Interviewing Guidelines. The Forensic Interview allows victims to tell their stories only one time instead of multiple times to many agencies in many venues. The forensic interview is recorded and provides vital evidence for prosecuting perpetrators in court. As necessary, medical examiners and forensic interviewers testify as expert witnesses in court cases. Family Support Services and Advocacy: Family Support Specialists guide parents through the evaluation and investigation processes, and identify life stressors and issues including housing, counseling, substance abuse or domestic violence services. Family Support Specialists provide case management and connections to community partners including Saving Grace, District Attorney's Victim Assistance programs, and support and referrals to over 20 human services agencies. Additionally, KIDS Center Family Support Specialists provide assistance navigating the civil justice process which includes accessing funds to cover victim related expenses (Crime Victims Compensation Program). Services are available to any adult or child victim who does or does not directly report victimization. Family Support also provides the critical link to therapy, and assures that parents are engaged in developing a strong parent/child bond that is essential to long-term successful outcomes. The goal is for children and families to complete their individualized goals for healing and for providing a safe environment for the child and family. Services are available for up to a year after the initial visit or call to KIDS Center. Post -Trauma Therapy: Children identified at highest need for therapy during the medical examination and forensic interview are triaged immediately into KIDS Center therapy program where they will access up to four stabilizing therapy sessions. Starting therapy as quickly as possible is essential to break the cycle of abuse, begin a cycle of healing, and increase child therapy engagement. Providing immediate access to therapy also provides the most flexibility for children, and enables KIDS Center professionals to assess the longer-term need for therapy, and prepare the treatment plan for additional therapy and/or transition to our therapy partner, Deschutes County Behavioral Health (DCBH) as needed. Children and non -offending parents and caregivers, along with siblings, are also referred directly to DCBH by our Family Support Specialists who work to identify family issues and stressors that can be addressed through therapy in order to provide a healthy family environment that supports the child's healing. Administrative/Operational Expenses: Covers the costs to operate a clinic/facility, including equipment and medical supplies, and the structure which provides access to all users and meets NCA standards. 2. Each victim's services provider must also explain how the proposed services will address the following criteria (Please address each criteria below in a separate paragraph. Please follow word limits set by CJC): I. Demonstrates need for the proposed services in the community targeting marginalized and underserved populations in the community (500 -word maximum); The need for the project is real and growing. In FFY 2016, there were 76,668 reports of child abuse and 11,843 victims in Oregon, a number that increased from 69,972 reports and 10,402 victims in 2015. Research shows these numbers grossly under -represent the actual number of abuse victims. In 2016, Deschutes County had 1,316 DHS reports, compared with 1,084 in 2015. In 2016, a total of 426 child abuse evaluations were conducted by KIDS Center for children identified for concerns of abuse. In addition, 758 families received Family Support Services, and over 210 children received specialized therapeutic services. The incidence of child abuse creates a living nightmare for these young victims --a nightmare from which it is difficult to escape. The impact of abuse on the child is traumatic, especially for low-income children who lack access to services, and especially when it occurs at such a crucial stage of a child's development. Extensive research studies document that children experiencing "Adverse Childhood Experiences (ACE)" such as abuse, who do not receive appropriate support, have significantly increased risks of further abuse, an inability to succeed in school, higher teen pregnancy rates, and long-term health issues including obesity, diabetes, and substance abuse. Many children referred to KIDS Center are also referred for exposure to drugs, or have witnessed domestic violence between their parents, which is a leading factor in repeat victimization and for transmitting violence to the next generation. KIDS Center serves all children suspected of child abuse, regardless of income, gender, ethnicity or geography. This project addresses underserved and marginalized populations as follows: 1. Children ages birth to 18 years, living in Deschutes County, including the cities of Bend, Redmond, Sisters, Terrebonne, and LaPine. In 2016, the total population for Deschutes County was 181,307; 21.2% of the county's population is 18 years and younger. 2. Children living in poverty, many with low-income guardians, and living in multiple family residences (placing them at high-risk for additional abuse). Of the 43% of Deschutes County clients who self- reported their income levels, 50% fell at or below the poverty level. 88% of all kids seen were either on Medicare/Medicaid if we include those who reported no insurance and those who we submitted to CVSD as their primary insurance. Sadly, many low-income families lack access to resources, especially counseling and family support to address family stressors. 3. Approximately 11% are Latino families, many of whom face additional barriers including language that provide challenges to accessing services in other settings. 4. All children in Deschutes County who engage in services at KIDS Center, regardless of their ability to pay or their form of health insurance. 5. Children in the care of the Department of Human Services/Child Welfare. II. Addresses access barriers, such as but not limited to: language, literacy, disability, transportation, and cultural practices (500 -word maximum); As a low -barrier agency, this project will support KIDS Center's comprehensive services to any child referred for suspicions of abuse regardless of whether or not a disclosure has been made. KIDS Center provides meaningful access to all children, including underserved or marginalized oppressed populations, in the following ways: • We serve all children ages 0-18 years who are referred for services. No child is turned away. • No fee is charged for any services, creating barrier -free service delivery. • When providing therapeutic services, KIDS Center works to reduce barriers to therapy, which often include lack of transportation, cultural barriers to engagement, limited understanding of the impact of trauma on children and the benefits of therapy, and barriers imposed by our public mental health system including long waiting lists for initial assessments. We also provide vouchers for travel to and from therapy if not accessible by other means. • Staff is culturally competent, and trained and well -skilled in gender identity issues as well as those marginalized and oppressed including family violence issues. • KIDS Center's facility is in an accessible area, is ADA compliant and is warm, inviting and clean. • All facility signs and information are provided in Spanish and English. • To address the needs of our Central Oregon Latino community, KIDS Center provides translation services for children and parents in need of those services. These services are provided by a Hispanic adviser who advises us on cultural issues that might affect our service provision. Staff have also received cultural competence training from this community. Commitment to Equity: A guiding principle for KIDS Center, including its Board, staff and volunteers, is to perform our services in a manner that demonstrates sensitivity to and awareness of each individual's cultural identity. Diversity issues influence nearly every aspect of our work with children and family. Providing culturally informed services is as basic to KIDS Center philosophy as is providing developmentally appropriate and child friendly services. To assure equity in all aspects of our service delivery, KIDS Center has adopted and applied these principals -- Cultural Sensitivity, Cultural Awareness, and Cultural Knowledge — in serving clients and families of all cultures and family backgrounds: Our policies address equity issues including ethnicity, culture, income, geography and location, gender, etc. in all aspects of service delivery and programming. KIDS Center Board of Directors' adoption of the Cultural Competency Plan (CCP) assures that policies are integrated throughout the organization and are in compliance with Oregon Department of Justice Cultural Competency Standards for programs Serving Victims of Domestic Violence and Sexual Assault and Other Crimes in Oregon (dated July 2006). KIDS Center's CCP also complies with The National Children's Alliance standards, which mandates the adoption and implementation of a Cultural Competency Plan. As an equal opportunity employer, our non-discrimination policy applies to all terms and conditions of employment, including hiring, placement, promotion, termination, etc. It is important for KIDS Center to recruit, hire and retain staff, volunteers and board members that reflect the demographics of the communities and clientele we serve. I11. Increases capacity for areas where services are difficult to access, limited, or nonexistent (500 -word maximum); and Grant funds will support our efforts to provide services that span a wide geographic area of Deschutes County composed of both urban areas like Bend, and smaller, more rural communities, including LaPine, Redmond and Sisters. Many of these smaller communities lack access to basic and/or comprehensive and specialized medical forensic, family support or therapeutic services designed to treat child abuse victims. With this grant, KIDS Center will be able to continue to offer vital services to low-income and low -resources families, regardless of geographic location. Serving such a Targe geographic area with diverse populations and many rural communities requires effective collaborations with key partners. The Medical component includes a strong working partnership with St. Charles Health System. The Therapy component includes clinicians hired and supervised by Deschutes Co. Behavioral Health as well as a team of KIDS Center therapists. We also have strong working relationships with local law enforcement and child advocacy organizations. As example of our capacity to serve communities where services are limited or non-existent, during 2012, KIDS Center launched our Rural Initiative to serve child victims of abuse and their families from rural Deschutes County and from Crook and Jefferson counties. These areas are comprised of mostly rural communities that lack the capacity to offer comprehensive services to abused children. This project worked closely with local resources to provide children with timely, competent and geographically appropriate access to medical, therapy and family support services for the most vulnerable victims of child abuse, both in the local community and providing access to services at KIDS Center for victims in rural communities. The partnerships developed through this project also helped lay the foundation for initiating our current "Central Oregon is Keeping Kids Safe" tri -county prevention education project. Launched in 2015, "Central Oregon is Keeping Kids Safe" is: providing tools to identify, prevent, and react responsibly to child abuse; providing training for adults in "Darkness to Light" sexual abuse prevention education; and launching a media campaign to raise awareness of child abuse and KIDS Center services. In addition, to document awareness of KIDS Center services and leadership throughout Central Oregon, KIDS Center has been included as part of the Ford Family Foundation's Protect Our Children prevention education initiative, targeted to communities throughout Central Oregon, with the goal of raising awareness about KIDS Center, child abuse, and creating a call to action for adults to take "Darkness to Light" training. To measure the impact of the media campaign on our local community, KIDS Center partnered with The Longitudes Group in Portland to conduct a pre -survey prior to the launch of the media campaign to create a baseline measurement of current levels of awareness around KIDS Center services, child abuse, and "Darkness to Light." This survey revealed that KIDS Center has strong recognition within the communities we serve as a resource for children dealing with abuse. This collaboration has supported our efforts to create awareness of KIDS Center, in addition to developing new partnerships and opportunities for outreach into rural communities. IV. Invests in trauma -informed interventions and services (500 -word maximum). The trauma of experiencing child abuse has far-reaching impacts on both the child and family. KIDS Center recognizes the importance of Trauma Informed Care in both an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma. To that end, KIDS Center's staff has created an environment that cultivates all levels of safety: physical, psychological and emotional stability for both clients and providers, and helps survivors rebuild a sense of control and empowerment. KIDS Center employs best practices established by the National Children's Alliance (NCA), and undergoes a rigorous accreditation process (last completed in 2015). At the State level, KIDS Center is a leading member of the Oregon Network of Child Abuse Intervention Centers. The Network is an Accredited State Chapter of the National Children's Alliance which provides information sharing, collaboration, and training opportunities for professionals. The Network also assists centers in meeting national best practices standards. KIDS Center is also a member of The American Professional Society on the Abuse of Children (APSAC) whose mission is to enhance the ability of professionals to respond to children and families affected by abuse and violence. In addition, therapists in KIDS Center's Post -Trauma Therapy program are trained in Trauma Focused Cognitive Behavioral Therapy (TFCBT). TFCBT is a nationally recognized, evidence -based model for the treatment of trauma in children and adolescents and is considered the gold standard of therapy models in most Child Abuse Centers nationwide. Ample research supports TFCBT as an effective model in treating child sexual abuse victims as well as other forms of maltreatment related trauma and adverse childhood events (see Damashek & Chaffin, 2012). We know that currently a large percentage of our families do not begin counseling following their medical evaluations, or are not retained in treatment. We also find that many of our child clients re-enter the child welfare system multiple times throughout childhood with a diverse range of maltreatment related allegations. TFCBT has proved to be an effective tool for both the engagement and retention of families in treatment. It also contains valuable psychoeducation and coping tools for families which assists in the prevention of re -victimization. Overall, TFCBT by its design ensures better planning of sessions by therapists and more fidelity to evidence -based tools which will ultimately result in better therapy outcomes for clients. 7. Proposed Victim Services Budget: CJC requests applicants prepare a budget based on the full two-year biennium cycle, July 1, 2017 to June 30, 2019. The proposed budget should be completed individually for each community-based nonprofit victim services organization requesting funding. The budget should clearly show a breakdown of costs in the following categories: personnel, fringe, contractual/consultant services, supplies, travel/training, equipment, rent/utilities, evaluation, and administrative. Administrative costs must not exceed 10 percent of the overall award. Administrative costs may include activities such as purchasing, budgeting, payroll, accounting, and staff services. Victims Services Budgets 2017-2019 Expenditures CASA KIDS Center Mary's Place Personnel $48,789.00 $52,151.12 $61,304.00 Fringe Contractival/ Counsultant Services Supplies $5,600.00 Travel/Training $2,000.00 Equipment Rent/Utilities Evaluation Administrative Costs $4,534.88 Total Biennum Total $56,389.00 $56,686.00 $61,304.00 $174,379.00 Year 1 Total $28,194.50 $28,343.00 $30,652.00 Year 2 Total $28,194.50 $28,343.00 $30,652.00 »- NOTE: Use only WHOLE numbers when completing the budget. Decimals WILL NOT be accepted by the grant application softwaresystem. 8. Evaluation Plan Three percent of the total amount of Justice Reinvestment Grant funds will be used to help fund randomized controlled trials (RCTs) for grant awards selected for such evaluations when possible and appropriate under ORS 182.515 (5)(d). In choosing programs for RCTs or other rigorous evaluations, CJC will consider the following factors: • The proposed program is promising and has the capability of being reproduced in othercounties. • The proposed program is capable of being evaluated through RCTs when taking into account sample size and other practical requirements. • The proposed RCT will meet the requirements of the institutional review board process. • Studying the program will benefit the state and more broadly the field of criminal justice by adding to the body of knowledge available. Applicants will select, in the application template, one of two options to meet the evaluation portion of a proposal. 1. ❑ County remits 3 percent of awarded funds to the CJC's statewide evaluation budget. 2. ❑ County retains 3 percent of awarded funds for a locally administered RCT when possible and appropriate. Deschutes County will remit 3 percent of awarded funds to the CJC's statewide evaluation budget. 9. Racial and Ethnic Impact Statement Pursuant to Section 4, Chapter 600, Oregon Laws 2013, grant applicants are required to complete a racial and ethnic impact statement. One Racial and Ethnic Impact Statement must be completed per application. This statement should reflect the impacts of ALL activities, victim services, and evaluations proposed in the application. Racial/Ethnic Impact riack Io lion,. Racial/Ethnic Impact Statement Pursuant to Section 4, Chapter 600, Oregon Laws 2013, grant applicants are required to complete this racial and ethnic impact statement The statement provides information as to the disproportionate or unique impact of the proposed policies or programs on minority persons in the State of Oregon. `Minority persons' ere defined in SB 463 (2013 Regular Session) as women, persons with disabilities (as defined in ORS 174.107), African-Americans, Hispanics, Asians or Pacific Islanders, American Indians, end Alaskan Natives The proposed grant project policles or programs: Could have a disproportionate or unique positive impact on the following minority persons. !'. Could have a disproportionate or unique negative impact on the following minority persons. Will have no disproportionate or unique impact on minority persons. save 8 Continue atm) Deschutes County will select "Will have no disproportionate or unique impact on minority persons. 10. Letter of Support for Application from County Commission Each application must contain a signed letter of support from the local governing body. Tom Anderson County Administrator Tammy Baney, Chair County Commissioner Alta Brady ers testify as ex Aaron Brenneman Attorney at Law David Cook Citizen Member Barb Campbell Bend City Council George Conway Health Services Director J. Kenneth Hales Community Justice Director Jeff Hall Trial Court Administrator John Hummel District Attorney Deschutes County Public Safety Coordinating Council 1300 NW Wali, Bend, OR, Donna McClung Oregon Youth Authority Supervisor Shane Nelson County Sheriff Jim Porter Bend Police Chief Steve Reinke 911 Service District Director Shelly Smith Citizen Member Michael Sullivan, Vic -chair Citizen Member Dave Tarbet Redmond Police Chief Don Wagner Oregon State Police Commander Keith Wltcosky Redmond City Manager August 1, 2017 Deschutes County Board of Commissioners 1300 NW Wall Street Bend, OR 97703 RE: FY 2017-2019 Justice Reinvestment Initiative Grant Application Dear County Commissioners: Enclosed please find a copy of the Deschutes County Justice Reinvestment Initiative Grant Application to the state of Oregon Criminal Justice Commission for the period of July 1, 2017 through June 30, 2019. The Deschutes County Local Public Safety Coordinating Council approved the application at the August 1, 2017 Council meeting. The programs and services funded through the state Justice Reinvestment Initiative funds are included in the Deschutes County Community Corrections Plan for the same period, and describes the evidence- and outcomes -based approach to the state JRI target population: medium and high-risk drug, property and driving offenders. Through these funds last biennium we created and will be asking to continue a two-tier programmatic approach with these offenders, aimed at reducing recidivism and prison utilization: short term transitional leave from prison (of up to 120 days prior to presumptive sentence completion), or downward departure (community supervision in lieu of presumptive prison sentence). In addition to offender supervision and treatment resources, JRI funding will assist continuing deployment of robust performance measurement resources (staff and technology) in order to track outcomes, and make program shifts when necessary to achieve objectives. The Council requests that the Board of County Commissioners provide a letter of support, to be submitted with our application to the Criminal Justice Commission. Sincerely, Tammy Baney, Chair Local Public Safety Coordinating Council Deschutes County Commissioner Enc. Council Secretary Sharon Ross (541) 388-6572; Sharon.Ross@deschutes.org; Oregon Criminal Justice Commission 885 Summer St NE Salem, Oregon 97301 Head of Criminal Justice Commission: Deschutes County Administration P. 0. Box 6005, Bend, OR 97701-6005 1300 NW Wall St., Suite 200, OR 97701-1960 (541) 388-6571 - Fax (541) 385-3202 - www.deschutes.org We are pleased to provide an endorsement and letter of support of the Deschutes County Local Public Safety Coordinating Counsel grant application seeking funding from the Criminal Justice Commission for the 2017-2019 Justice Reinvestment Initiative (JRI). Deschutes County's JRI vision has remained steadfast since its inception in 2014: safely manage risk in our community to support the reduction of prison utilization and decrease recidivism through evidence -based interventions. Accordingly, our Community Justice department, District Attorney and other community partners have implemented an intensive supervision program with transitional housing, recovery mentors, treatment, and other community resources. The program has had particularly great success with the AIP/STTL population where 89% of these offenders complete their transitional leave without being returned to prison. We also appreciate the partnership between the District Attorney's office and the Adult Parole and Probation regarding the implementation of the Defendant Safe Screen and Assessment Report. Adult Parole and Probation has completed roughly 51 Defendant Assessment Reports to be used prior to sentencing for offenders potentially eligible for a downward departure instead of prison. We support the continued use of JRI funds to provide intensive supervision to short-teiiu transitional leave and downward departure offenders offered a chance at community supervision. We are pleased with the operation of the program thus far and remain committed to its future success. 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August 16, 2017 Deschutes County Board of County Commissioners To Whom It May Concern, 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 As a long-time, collaborative partner with NeighborImpact, we are aware of Neighborlmpact's proposed project, and respectfully recommend their grant application for funding under DEQ's Materials Management Grant Program. As the County with jurisdiction over the regional landfill, Deschutes County considers waste management reduction practices vitally important to us as well as to our larger community. Each year, Neighborlmpact recovers over 1.3 million pounds of food that would otherwise rot in the landfill. Neighborlmpact's project aligns with our materials management priorities: it not only enhances their food recovery program but also supports our goal of reducing solid waste. Their proposed initiative also matches DEQ's 2050 Vision for Materials Management in Oregon: • It recovers products for their next highest and best use • It minimizes the release of greenhouse gases and pollutants We enthusiastically support the important work of Neighborlmpact and their significant role in the Central Oregon service continuum. Thus, we are in full support of the use of DEQ funds for Neighborlmpact's Food Recovery Program, which we consider a vital community service. We thank the DEQ for considering this request and for widespread support for organizations such as Neighborlmpact. If you have any questions, feel free to contact our office at 541-388- 6570. Sincerely, DESCHUTES COUNTY BOARD OF COMMISSIONERS Anthony DeBone, Vice Chair Philip G. H j '[' erson, Commissioner