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2018-177-Minutes for Meeting April 11,2018 Recorded 5/22/2018
ES C • :•'''i1 OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 1:30 PM Recorded in Deschutes County CJ2018-177 Nancy Blankenship, County Clerk Commissioners' Journal 05/22/2018 9:44:36 AM xxY,""•,,,{•��:i',. II�IIII'II�IIIIIIIIIIIIIIIIIIII ` 2018-177 WEDNESDAY, APRIL 11, 2018 BARNES & SAWYER ROOMS Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. No representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 1:47 p.m. in the Barnes and Sawyer Rooms. ACTION ITEMS 1. Marijuana Regulatory Assessment Program Options This item was recorded both video and audio. Community Development Department Nick Lelack and Peter Gutowsky presented this item and reviewed the staff report. The following options were presented for consideration: to continue monitoring the marijuana program while implementing the Boards interpretation of the marijuana regulations; revise and/or clarify current marijuana regulations stemming from Board decisions; and revisit the prominent themes that emerged through the public involvement process. Mr. Gutowsky reviewed topics with implementation approaches for consideration including well data, Oregon Health Authority, OLCC/Governor's Office, law enforcement, advisory vote, and land uses. According to Oregon Liquor Control Commission and the Governor's Office there are reports the marijuana producers are growing more marijuana than can be consumed by Oregon residents. Commissioner Baney commented she would like to see a statement from the Governor's Office or OLCC to confirm if there is overproduction in our state. Regarding land use: the Board may consider requiring hearings officer deposits for all new marijuana applications, consider a 60 -day pause on all new marijuana production related applications, consider capping marijuana related uses in Deschutes County, consider more frequent inspections, consider revisiting the lighting and odor regulations, consider establishing density limits on the number of grows, and consider revisiting marijuana land use fees. Commissioner DeBone also pointed out system development charges and landscape management zone. Mr. Lelack spoke on the landscape management zone. Commissioner DeBone suggested more law enforcement engagement by Deschutes County and City of Bend Police Department. Commissioner Henderson supports the extra law enforcement personnel to work on code enforcement. Commissioner Baney spoke on the Central Oregon Drug Enforcement Team (CODE). She noted the District Attorney has sent a letter to the Oregon Health Authority with all addresses of Deschutes County asking to identify and confirm the addresses of medical marijuana production facilities. Commissioner Baney noted her immediate approach for the regulations would be on law enforcement. Commissioner Henderson proposes reviewing the ordinances regarding the marijuana regulations. Commissioner Baney spoke on the applications that are being submitted and asked for discussion. Commissioner DeBone stated he would be agreeable to implement a pause. The County will accept the applications but will not process for consideration or approval until a certain timeline. Commissioner Henderson spoke on capping production facilities. County Counsel Doyle commented on production/density limits, noting that any such restrictions PAGE 2OF8 would likely be enacted as TPM regulations. Commissioner Baney suggested a 60 -day pause to give an opportunity to move ahead with additional law enforcement and to develop regulations targeting density and saturation. Commissioner DeBone agrees on the law enforcement and density piece but sees the 60 -day pause as a separate issue. If a 60 -day pause was implemented, the application would still be reviewed for completeness and staff would monitor the application process. The pause would give the Board time within law. Mr. Lelack stated if there was a pause and the hearing's officer deposit was taken upon application, the Board could then initiate review after the hearing's officer process. Mr. Gutowsky commented on the Deschutes County Code and interpretations and the benefit of the pause is that the applications will still be in review and processing within the 60 -days and utilizing hearing's officer and law enforcement. Commissioner Henderson feels that we don't require more community conversation and that it is up to the Board to review the Code for possible changes. Commissioner Baney suggested the notice of the cost of applying for a marijuana production facility will be clarified and effective in 30 days. Commissioner Henderson suggested a 30 -day pause instead of a 60 -day pause. Commissioner Baney noted the Board will need to have time to have a work session and a public hearing and the 30 -days may not be long enough. Commissioner DeBone suggested a work session on density. Commissioner Henderson is not convinced the hearing's officer decisions are the best direction. Commissioner DeBone noted his support for the hearing's officer reviewing the appeals. Commissioner Henderson would rather the Board hear the appeals. Commissioner Baney is supportive of collecting the hearing's officer fees to meet some of the County's expenses relative to the application process. Commissioner Henderson suggested this is a matter of public interest and sees no efforts from Salem and he has heard unanimously from the public of the impact on people's lives. Discussion held on a potential advisory vote. Commissioner DeBone is supportive of an advisory vote and wonders what question should be on the ballot. Mr. Gutowsky stated the department could come back to the Board's Work Session next week to review the County Code that may need to be addressed for amendment. Commissioner Henderson noted he will be gone on Wednesday and wonders if the discussion could be held on Monday. Commissioner Baney proposes a limited duration Deputy Sheriff position PAGE 3OF8 and would ask the City of Bend to commit additional targeted resources to the CODE team as well. A budget adjustment would be drafted by Finance. The Monday, April 16 agenda item will include a discussion on the re- evaluation and potential pause. Regarding the hearing's officer deposit, Commissioner Baney would like a review on the fee structure. Commissioner Henderson requested the fee structure to also be reviewed on Monday. 2. Economic Development Loan Request: Judith Ure, Management Analyst presented four economic development loans totaling $58,000. Members of EDCO present for the loan requests were Kip Barrett, Bruce Barrett, Bill Kuhn, and Eric Strobel. ARCC is a relocating company from California for a study abroad program and they propose eight new jobs with an average pay of $62,500 for a requested loan of $16,000. HENDERSON: Move approval BAN EY: Second VOTE: HENDERSON: Yes BAN EY: Yes DEBONE: Chair votes yes. Motion Carried Cascade Integration and Design is a home based business that designs control systems for dispensing liquids and they propose five newjobs with an average pay of $82,500 for a requested loan of $10,000. HENDERSON: Move approval BAN EY: Second VOTE: HENDERSON: Yes BAN EY: Yes DEBONE: Chair votes yes. Motion Carried Mazama Media is a home based company geared toward social media marketing and sales and proposes six new jobs with an average pay of $45,000 for a requested loan of $12,000. HENDERSON: Move approval BAN EY: Second VOTE: HENDERSON: Yes BAN EY: Yes DEBONE: Chair votes yes. Motion Carried Seran Bio Science is a provider of drug development and manufacturing services for other pharmaceutical development companies and proposes ten new jobs with an average pay of $72,000 for a requested loan of $20,000. BAN EY: Move approval HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 3. Re -designation of Rural Enterprise Zone Members of EDCO Kip Barrett and Ryan Culp presented on the existing rural enterprise zone primarily in South County that includes areas in La Pine, Sunriver, and the Bend Airport. The zone expires soon and they are requesting to renew and expand to include parts of Tumalo. The zone was originally established in 2008 and is valid for 10 years. Re -designating needs to be done through the State of Oregon. A public hearing would then be set in 21 days as required by the state to allow public comment. Mr. Barrett reviewed the properties to be included in the zone. PAGE 5OF8 RECESS: The Board took a short recess at 3:48 p.m. and the meeting was reconvened at 3:54 p.m. 4. Discussion Regarding Technology Staffing Status and Requirements Joe Sadony, Information Technology Director presented this discussion in response to the request noted at this year's Board Retreat. The request was on IT staffing and Mr. Sadony spoke on classifications throughout the County. Mr. Sadony spoke on the history of the department and tasks involved to replace old software throughout the County departments and staffing required for that process. In 2007 the department was at 23 FTE and today they have 18 FTE. Mr. Sadony spoke on developing a security plan throughout the system. Privacy concerns were discussed relative to technology. At this meeting, the Board presented Mr. Sadony with his 10 - year service award plaque. 5. Opioid State Targeted Response Grant Application Health Services representatives present were Dr. George Conway, DeAnn Carr, and Janice Garceau and asked for approval for an application for a grant to be distributed in May if awarded. The application is due for submittal on April 15. This grant would fund training for staff and the community. The state has created tracking criteria for the program. Discussion held on the opioid addiction crisis. BAN EY: HENDERSON: VOTE: BAN EY Move approval of the grant request Second HENDERSON: DEBONE: Yes Yes Chair votes yes. Motion Carried 6. Mobile Crisis Funding FTE Request: This item was pulled from the agenda as a request by the Health Services Department. 7. Snow Creek Pre -Hearing Discussion Will Groves, Community Development Department presented the preparation for the public hearing relative to Snow Creek Ranch subdivision and gave history on the file. It was an old farm subdivision that was platted in 1991. During that time the rules changed for farm dwellings. The public hearing is scheduled for April 16, 2018. Mr. Groves reviewed his staff memo and the background of the subdivision. The applicants Pamalynn and H. Richard Steinfeld proposed to divide the parcel for a new non-farm parcel and dwelling. The hearing's officer denied the proposal of the applicant under several criteria. COMMISSIONERS UPDATES: • Commissioner Henderson commented on the invoice received from Eastern Oregon Counties Association. Commissioner Henderson will contact them for further detail and explanation of the charges. RECESS: At the time of 4:52 p.m. the Board took a short recess to reconvene in the Allen Conference Room 91MMKOM EXECUTIVE SESSION: At the time of 4:55 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 5:12 p.m. to make the following motion: HENDERSON: Move to direct staff to proceed as discussed in Executive Session DEBONE: Second VOTE: HENDERSON: Yes BAN EY: Absent, excused DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: None were presented Being no further items to come before the Board, the meeting was adjourned at 5:13 p.m. DATED this Day of S21 2018 for the Deschutes County Board of Commissioners. iP n5Q*riq ,. „ �e... �., ., .. 11, F RIAKILO N 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, APRIL 11, 2018 Barnes and Sawyer Rooms - Deschutes Services Center — 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. Marijuana Regulatory Assesssment / Program Options - Nick Lelack, Community Development Director 2. Economic Development Loan Request - Judith Ure, Management Analyst 3. Redesignation of Rural Enterprise Zone -Judith Ure, Management Analyst 4. Discussion Regarding Technology Staffing Status and Requirements - Joe Sadony, Information Technology Director 5. Opioid State Targeted Response Grant Application - DeAnn Carr, Health Services Deputy Director (� 6. Mobile Crisis Funding FTE Request - DeAnn Carr, Health Services Deputy Director 7. Snow Creek Pre -Hearing Work Session - William Groves, Senior Planner COMMISSIONER'S UPDATES Board of Commissioners Work Session Agenda Wednesday, April 11, 2018 Page 1 of 2 EXECUTIVE SESSION 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 ®® Deschutes County encourages persons with disabilities to participate in all programs and :M0 activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes_oM/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Work Session Agenda Wednesday, April 11, 2018 Page 2 of 2 QNQ v co 0 V Z W Q � w U Z w H u O m � V1 W O ~ Z � N .Y W O W a W a I N W Q a I - Z a LL O W N W J LU 2 Xk CL �' Q Z uj a Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 6, 2018 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Marijuana Regulatory Assesssment / Program Options RECOMMENDATION & ACTION REQUESTED: Staff seeks direction on options relating to Deschutes County's marijuana program that warrant further consideration. Staff can return at a subsequent work session with detailed work plans addressing any desired option(s). ATTENDANCE: Nick Lelack, AICP, Community Development Director; Peter Gutowsky, AICP, Planning Manager Background: The Board of County Commissioners conducted a work session on April 2, 2018, to review the Draft Marijuana Regulatory Assessment. staff offered three options for the Board's consideration. During the work session, the Board also introduced several topics for refining Deschutes County's marijuana program. TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager Matt Martin, AICP, Long Range Planner DATE: April 5, 2018 SUBJECT: Marijuana Regulatory Assessment / Work Session / Program Options I. BACKGROUND The Board of County Commissioners (Board) conducted a work session on April 2, 2018, to review the Draft Marijuana Regulatory Assessment.' Staff offered three options for the Board's consideration. Table 1 recaps those options. Table 1— Marijuana Regulatory Assessment / 3 Options Topic Description Potential Implementation Approaches Due to the limited number of approvals, it is difficult to assess the effectiveness of Option 1 -Continue monitoring the marijuana Deschutes County's regulations. CDD program while implementing the Board's approved 30 marijuana production, interpretations of the marijuana regulations. processing and retail applications from Per the Board's direction, inspections will September 2016 to September 2017. continue this fall to assess newly approved During this time period, only 9 are licensed and OLCC licensed recreational marijuana with the Oregon Liquor Control Commission production and processing operations. (OLCC) for marijuana production and Option 2 -Revise and/or clarify current Marijuana processing operations. All of the operations marijuana regulations stemming from Board s Regulatory inspected by staff were in compliance with decisions. The Report summarizes issues Assessment Deschutes County Code and their land use raised during the public comment period on decision, with one exception to odor the marijuana assessment and in quasi-judicial mitigation. decisions. The concerns expressed by opponents are Option 3 -Revisit the prominent themes that likely directed at marijuana uses that were emerged through the public involvement not permitted under land use. Instead, these process. This option may also address gaps or uses are probably personal cultivation; pre- supplement state agency regulations and/or existing or new medical grows that do not enforcement. comply with Deschutes County's standards; hemp; or illegal grows. ' The draft Marijuana Regulatory Assessment was released at the Board's April 2, 2018 work session. It can be downloaded from the Board's meeting calendar: http•//deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Tvpe=1&ID=1816&Inline=True During the work session, the Board also: Identified necessary information from several state agencies essential to determining if/how the County's marijuana regulations should be amended and enforced; • Proposed additional resources and a potential approach based on Klamath County's model to law enforcement; and • Offered additional suggestions for discussion such an advisory vote and fee adjustments. The Board's topics are summarized in Table 2 with potential implementation approaches for consideration. Table 2 — Other Marijuana Topics Topic Description Potential Implementation Approaches There are water drawdown concerns in certain parts of rural Deschutes County. If directed by the Board, CDD will contact Well Data Request Oregon Water Resources OWRD, conveying the Board's respectful Department (OWRD) examine well data to request to examine these two sub -areas. understand the domestic well drawdown circumstances in Tumalo and Alfalfa. If directed by the Board, • Contact OHA to request they ask medical marijuana grow site operators to create a Encourage medical marijuana producers to voluntary registry; sign-up to a voluntary registry. • Coordinate with County lobbyist to engage Lobby the 2019 Legislature to allow law Oregon legislators to change laws Oregon Health enforcement agencies to obtain the locations governing medical marijuana producers to Authority of medical marijuana producers. obtain their locations; and, Lobby the 2019 Legislature / Oregon Health • Coordinate with County lobbyist to engage Authority (OHA) to verify medical marijuana Oregon legislators to express concern with grow sites remain operational. the lack of OHA oversight of medical marijuana grow site registrations that are cancelled or expired to assure they are not growing marijuana illegally. -2- Topic Description Potential Implementation Approaches If directed by the Board, • Contact OLCC/Governor's Office to address/regulate overproduction; • Contact OLCC to determine if the According to several sources, licensed marijuana producers approved in marijuana producers in Oregon are Deschutes County are not overproducing producing far more marijuana than can be marijuana; OLCC / Governor's Office consumed by Oregon residents. OLCC and/or Coordinate with County lobbyist to engage the Governor's Office need to Oregon legislators to express concern with address/regulate overproduction and the lack of OLCC inspectors; and, diversion. • Coordinate with County lobbyist to engage Oregon legislators to change law governing recreational marijuana production to assure overproduction and diversion does not occur. Consider strengthening law enforcement by adding two limited duration positions in the If directed by the Board, coordinate with the Law Enforcement Central Oregon Drug Enforcement (CODE) Sherriff's Office, CDD, and the City of Bend. team jointly funded by the City of Bend and Deschutes County. Consider referring an advisory vote to the voters to determine public opinion on the If directed by the Board, coordinate with Advisory Vote Deschutes County marijuana land use County Legal Counsel to prepare ballot regulations and/or moratorium for marijuana materials. land uses in rural Deschutes County. 1. Consider requiring Hearings Officer deposits for all new marijuana applications. If directed by the Board, 2. Consider initiating a 60 -day "pause" on all new marijuana -related applications.' • Require all new marijuana applications to 3. Consider capping marijuana -related uses submit a hearings officer deposit; in Deschutes County. • Increase marijuana land use fees during Land Uses 4. Consider requiring more frequent consideration of CDD's FY 2018-2019 fee inspections (quarterly or semi-annually). schedule; and, 5. Consider revisiting marijuana lighting and odor regulations. • Amend Deschutes County's marijuana 6. Consider establishing "density" limits on regulations (matrix attached). the number of grows in defined geographic areas. 7. Revisit marijuana land use fees. ' Staff would still be required to conduct a 30 -day completeness check and issue a final decision within 150 -days, consistent with DCC 22.20.040 and ORS 215.427. -3- II. BOARD DIRECTION Staff seeks direction on the options listed above in Tables 1 and 2 or any others introduced by the Board. Staff will return at a subsequent work session with draft detailed work plans to implement the Board's direction. -4- Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 6, 2018 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Economic Development Loan Request RECOMMENDATION & ACTION REQUESTED: Consider requests for four economic development loans to ARCC, Seran Bio Science, Mazama Media, and Cascade Integration and Design for $16,000, $20,000, $12,000, and $10,000, respectively. SUMMARY: Deschutes County, in partnership with Economic Development for Central Oregon (EDCO) operates an Economic Development Loan program for the purpose of providing funds to businesses that are seeking to create new, family -wage jobs within the community. Loans are conditioned upon the business creating the new jobs within 24 months, then maintaining them for a consecutive 12 -month period. If these terms are met, the loan may be converted to a grant that does not require repayment. If not, all or a portion of the funds must be repaid with 8% interest per annum retroactive to the execution date of the loan agreement. Loans are made from the Economic Development Loan Fund which currently has an unencumbered cash balance of approximately $175,000. EDCO is recommending to the Board of Commissioners that loans be made as follows: 1) ARCC, a designer and operator of student programs: Eight new jobs proposed with an average pay of $62,500 in return for a loan of $16,000. 2) Seran Bio Science, a provider of drug development and manufacturing services: Ten new jobs proposed with an average pay of $72,000 in return for a loan of $20,000. 3) Mazama Media, a provider of online marketing solutions: Six new jobs proposed with an average pay of $45,000 in return for a loan of $12,000. 4) Cascade Integration and Design, a provider of control systems integration services: Five new jobs proposed with an average pay of $82,500 in return for a loan of $10,000. Additional information describing each of these loan requests and the current status of the economic development loan program are attached. ATTENDANCE: Kip Barrett, Economic Development for Central Oregon, members of the Due Diligence Committee, and Judith Ure. 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The company has been located in the San Francisco Bay Area since 1986 however the high cost of living hurt ARCC's ability to hire and retain high quality employees. That factor precipitated the company's search for a community that matched its values and the search was narrowed to three areas of the country in three different states. Follow considerable research and in-person visits both by ARCC ownership and the entire team, Bend was the choice for a number of reasons. The company is now in the process of relocating employees and hiring new team members who will be based in Bend. The business is divided into three different segments: 1) Summer Programming for students ages 13-18 going on 2-4 week summer adventures 2) Gap programming for recent high school graduates for 90 -day international programs in the fall and the spring 3) Custom programming working with schools looking to provide a wilderness or international experience for their students The business has grown to the point where the company is taking roughly 1,100 students annually into the field. To effectively do this, ARCC will be training all program leaders over a 1-2 week period in Bend and the surrounding areas. In addition to the full-time staff at the new Bend HQ, these training activities this will bring roughly 70-100 program leaders into the community periodically. Due Diligence DCEDF Due Diligence Committee (Bruce Barrett, SCORE Central Oregon Chapter & Windermere Central Oregon Real Estate; Bill Kuhn, First Interstate; Eric Strobel, Barrett Business Services, Inc.; and Amber Yates, SGA CPA's) and EDCO's Kip Barrett met with ARCC President Scott von Eschen on February 5, 2018. The Committee heard from and asked questions of Scott, toured the facilities, and reviewed the company's current and historical financial statements. On February 16th, the Committee met again to review and discuss the findings from that due diligence meeting, an chose to make a recommendation to the Deschutes County Commission for funding. Findings Summary The due diligence committee was impressed by the company's business history, dedication to safety, management, as well as solid financials. They addition to the community not only provides the additional full-time jobs but will bring in 70-100 staff during the year. This exposes our region to these staff and through them to the roughly 1,100 students participating in these programs leveraging the relocation of this company to further promote our region. Since their application, they have already relocated 3 and hired 1 of the expected employees. Recommendation EDCO and the Committee recommend an award of $2,000 per job for a total of $16,000 with the following conditions: Company relocates/hires 8 full-time employees by December 31, 2019, for a total employment of 8 or more, and maintains that employment through December 31, 2020, or four consecutive quarters, per the standard Deschutes County contract for this fund. Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. BRIEFING PAPER Seran Bio Science Request for Deschutes County Economic Development Loan Fund Company Request: $20,000 EDCO Recommendation: $20,000 Application Date: February 6th, 2018 Expected Job Creation (Q12018 — Q3 2019):10 Average Pay for New Employees: $72,000 Project Investments: ^'$697,000 Industry: Drug Development and Manufacturing Services Website:.https://www.seranbio.comZ Company Background Seran Bio Science provides optimized drug development and manufacturing services for their clients, from Discovery to the Clinic. Their science -driven approach utilizes predictive design tools, novel chemistry, analytical tools, enabling delivery technologies, and a thorough knowledge of quality and regulatory requirements. The founders have deep experience in the industry, including a number of local companies in the field, and the knowledge and contacts to grow the business. The positions they are hiring are high paying jobs and will continue to expand the reach and capabilities of our Bio Technology Sector in the region. Their plan on how to source the new hires was clear. They are looking for the funding to help them ramp up their capital purchases as those are require to add the positions. They are able to leverage this funding to gain additional bank capital to bring the equipment online quicker. Due Diligence DCEDF Due Diligence Committee (Bruce Barrett, SCORE Central Oregon Chapter & Windermere Central Oregon Real Estate; Bill Kuhn, First Interstate; and Amber Yates, SGA CPA's) and EDCO's Kip Barrett met with founders Dan Smithey and john Melvin on March 2nd of 2018. The Committee heard from and asked questions of Dan and John, toured the facilities, and reviewed the company's current and historical financial statements. On March 9th, the Committee met again to review and discuss the finding from that due diligence meeting eventually deciding that an investment was warranted. Findings Summary The due diligence committee was impressed by the company's business growth strategy, sales growth, management, as well as their solid financial profile. The key to their growth is investing into the capital equipment necessary to grow their employment. The loan funds are helping them to leverage bank financing to get that equipment into use quicker. This will allow them to diversify their business clientele as well as the scale of manufacturing they can do. Recommendation EDCO and the Committee recommend an award of $2,000 per job for a total of $20,000 with the following conditions: Company hires 10 full-time employees by December 31, 2019, for a total employment of 15 or more, and maintains that employment through December 31, 2020, or four consecutive quarters, per the standard Deschutes County contract for this fund. Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. BRIEFING PAPER Cascade Integration and Design Request for Deschutes County Economic Development Loan Fund Company Request: $10,000 EDCO Recommendation: $10,000 Application Date: December 28th, 2017 Expected Job Creation (Q12018 — Q3 2019): 5 Average Pay for New Employees: $82,500 Project Investments: ^'$1,660,000 Industry: Control Systems Design and Manufacturing Website: http://cascadeid.net/ Company Background Cascade Integration & Development, Inc. (CID) is a control systems integration firm that has been serving various industries since 2004. The company hired its first employee in 2009 and have since grown to a staff of 10 full-time employees. CID's technical staff is comprised of electrical engineers, PLC programmers, HMI developers, database/MES specialists, field technicians, panel builders, and administrative assistants. The company has collectively served a number of industries that include military, pharmaceutical, bio- chemicals, food & beverage, oil and gas, manufacturing, water and wastewater. This diversity of experience provides CID with vast exposure to good development practices that is reflected in our work. The staffs technical abilities are kept up to date with annual hardware and software training, subscription -based software packages, and collaboration with vendors to be exposed to new products and development concepts. The company's project execution approach focuses on communication with the customer, clearly defined scopes, quality software development, thorough in-house testing, and extensive collaboration to overcome challenges. At this point CID is focused on growing the business and establishing strong roots in the local economy by purchasing its first building and customizing to the company's specific needs. This will be a large investment for CID and with it will bring a number of high paying jobs to the Bend community. Due Diligence DCEDF Due Diligence Committee (Bruce Barrett, SCORE Central Oregon Chapter & Windermere Central Oregon Real Estate; Bill Kuhn, First Interstate; Eric Strobel, Barrett Business Services, Inc.; and Amber Yates, SGA CPA's) and EDCO's Kip Barrett met with Matthew Callahan — President on February 7th of 2018. The Committee heard from and asked questions of Matthew, toured the facilities, and reviewed the company's current and historical financial statements. On February 16th, the Committee met again to review and discuss the finding from that due diligence meeting eventually deciding that an investment was warranted. Findings Summary The due diligence committee was impressed by the company's business growth strategy, sales growth, management, as well as their solid financial profile. The fact that they are experiencing this growth based on large multi-year contracts givens them an added stability to grow from a strong base. They are diversifying their business clientele as well as their offering as they see opportunities to leverage their existing resources. Since their application they have already hired one (1) of the expected five (5) employees. Recommendation EDCO and the Committee recommend an award of $2,000 per job for a total of $10,000 with the following conditions: Company hires 5 full-time employees by December 31, 2019, for a total employment of 15 or more, and maintains that employment through December 31, 2020, or four consecutive quarters, per the standard Deschutes County contract for this fund. Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. BRIEFING PAPER Mazama Request for Deschutes County Economic Development Loan Fund Company Request: $12,000 EDCO Recommendation: $12,000 Application Date: August 8th, 2017 Expected Job Creation (Q12018 — Q3 2019): 6 Average Pay for New Employees: $45,000 Project Investments: "'$72,500 Industry: Social Media Marketing Website:.https://mazamamedia.com/# Company Background Mazama Media, helps businesses succeed in an evolving digital world by providing strategic, compelling online marketing solutions. They are a member of Facebook's Small -Medium Business Council and work with hundreds of clients from various business backgrounds. They have been in business for four years having started and grown their business in Bend the entire time. They are looking to take the next step in professionalizing their workforce with higher end computers and software. This will allow them to provide a better experience to the customer and increase productivity in their workforce as well as allowing them to bring on additional positions to help manage the growth. Due Diligence DCEDF Due Diligence Committee (Bruce Barrett, SCORE Central Oregon Chapter & Windermere Central Oregon Real Estate; Bill Kuhn, First Interstate; and Eric Strobel, BBSI) and EDCO's Kip Barrett met with founders Bud and Sarah Torcom on February 27th of 2017. The Committee heard from and asked questions of Bud and Sarah, toured the facilities, and reviewed the company's current and historical financial statements. On March 9th, the Committee met again to review and discuss the finding from that due diligence meeting eventually deciding that an investment was warranted. Findings Summary The due diligence committee was impressed by the company's use of continuous improvement in their office space, their balance sheet and forward thinking on productivity and automation. The key to their growth is investing into equipment and software to keep their people producing at a high level. The loan funds would be to help defray the cost of that and bring on additional folks to help with their growth. Recommendation EDCO and the Committee recommend an award of $2,000 per job for a total of $12,000 with the following conditions: • Company hires 6 full-time employees by December 31, 2019, for a total employment of 29 or more, and maintains that employment through December 31, 2020, or four consecutive quarters, per the standard Deschutes County contract for this fund. • Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. BRIEFING PAPER Mazama Media Request for Deschutes County Economic Development Loan Fund Company Request: $12,000 EDCO Recommendation: $12,000 Application Date: August 8th, 2017 Expected Job Creation (Q12018 — Q3 2019): 6 Average Pay for New Employees: $45,000 Project Investments: "'$72,500 Industry: Social Media Marketing Website: https://mazamamedia.com/#/ Company Background Mazama Media, helps businesses succeed in an evolving digital world by providing strategic, compelling online marketing solutions. They are a member of Facebook's Small -Medium Business Council and work with hundreds of clients from various business backgrounds. They have been in business for four years having started and grown their business in Bend the entire time. They are looking to take the next step in professionalizing their workforce with higher end computers and software. This will allow them to provide a better experience to the customer and increase productivity in their workforce as well as allowing them to bring on additional positions to help manage the growth. Due Diligence DCEDF Due Diligence Committee (Bruce Barrett, SCORE Central Oregon Chapter & Windermere Central Oregon Real Estate; Bill Kuhn, First Interstate; and Eric Strobel, BBSI) and EDCO's Kip Barrett met with founders Bud and Sarah Torcom on February 27th of 2017. The Committee heard from and asked questions of Bud and Sarah, toured the facilities, and reviewed the company's current and historical financial statements. On March 9th, the Committee met again to review and discuss the finding from that due diligence meeting eventually deciding that an investment was warranted. Findings Summary The due diligence committee was impressed by the company's use of continuous improvement in their office space, their balance sheet and forward thinking on productivity and automation. The key to their growth is investing into equipment and software to keep their people producing at a high level. The loan funds would be to help defray the cost of that and bring on additional folks to help with their growth. Recommendation EDCO and the Committee recommend an award of $2,000 per job for a total of $12,000 with the following conditions: Company hires 6 full-time employees with a date, total employment, and maintenance period to be provided at the time of Deschutes County Board of Commissioners review. Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, with interest. Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 6, 2018 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Redesignation of Rural Enterprise Zone RECOMMENDATION & ACTION REQUESTED: Review proposed redesignation of Deschutes County Rural Enterprise Zone. ATTENDANCE: Ryan Culp, Sunriver/La Pine Area Director and Kip Barrett, Bend Director SUMMARY: The Deschutes County Rural Enterprise Zone was originally established in 2008 and jointly sponsored by Deschutes County and the City of La Pine. Enterprise Zones are valid for a period of 10 years and must be re -designated through Business Oregon, an agency of the State of Oregon, after that time. Economic Development for Central Oregon (EDCO) manages the program and is in the process of seeking that re -designation. A summary letter, map of the proposed area, and list of affected properties is attached for the Board's review. Representatives from EDCO will be present during the scheduled work session to provide additional information and answer questions. April 5, 2018 Judith Ure Management Analyst Deschutes County Administrative Services 1300 NW Wall St., Suite 200 Bend, Oregon 97708 Dear Ms. Ure: Economic Development for Central Oregon (EDCO) would like to thank you for the opportunity to discuss the re -designation of the Deschutes County Rural Enterprise Zone with the Deschutes County Board of Commissioners. This letter is to serve as a brief background of the zone, rationale for re -designation, and methodology for zone boundary. While Oregon has a limited incentive toolkit, the Enterprise Zone program is perhaps the most powerful incentive program offered in the state of Oregon. Enterprise Zones can help limit the property tax liability on qualifying real property for new or expanding traded sector companies for 3 to 5 years. The Deschutes County Rural Enterprise Zone was originally established in 2008 jointly sponsored by Deschutes County and the City of La Pine and managed by Economic Development for Central Oregon (EDCO). The zone originally included the City of La Pine and industrial property at the Bend Airport. In 2016 the Deschutes County Rural Enterprise Zone was expanded to include the Sunriver Business Park to accommodate growing traded sector companies in Sunriver. Enterprise Zones are valid for a period of 10 years and at that time must be re -designated through Business Oregon. The Deschutes County Rural Enterprise Zone has incentivized the expansion and location of companies in the enterprise zone helping add nearly 100 new traded sector jobs and nearly $5 million of private investment since its creation. Seeing the impact of the Deschutes County Rural Enterprise Zone on traded sector businesses, EDCO plans to re -designate the Deschutes County Rural Enterprise Zone in 2018. Zone sponsors and managers may also choose to expand the zone boundary at the time of re -designation. EDCO hopes to expand the zone to include properties in Tumalo based on traded sector business activity. A map of the new zone boundary and list of tax lots are included in this packet. EDCO has not included other rural parts of Deschutes County as we are unaware of additional traded sector activity or project -ready industrial land not currently located in an Enterprise Zone. At your convenience, I will be happy to answer any specific questions you may have about the information provided. We are committed to the success of business in Deschutes County and we look forward to working with you in that effort. Economic Development for Central Oregon 6347 Sixth Street Lo Pine, 02 97739 541.536.1432 www.edcoiinfo.com 0 o' ECO 04 �A110 d � »h CL Q t ITIAA ) C Mys�y N U' — .� rnlo VUt- 55T__ o � y r�Y w5 `o u En'o3rd � o - m 3 3oir E v l c U c°icfl � 3 U v.- �FU -1s 3� TAXLOT PARCEL Address House -Numb Direction Street -Nam Street_Typ Unit_Numbe City State Zip Shape_Area 1612310000407 407"64550 RESEARCH RD 64550 RESEARCH RD BEND 97703' 1202685.281 1612310000408 408'64595 RESEARCH RD 64595! RESEARCH RD BEND 97703' 199622.6714 1612310000410 410 64587 RESEARCH RD 64587 RESEARCH RD BEND 97703 204123.353 1612310000418 418'64530 RESEARCH RD 64530 RESEARCH RD BEND : 97703' 217624.1593 161231AO01200 1200 19835 2ND ST 19835 2ND ST BEND 97703 93367.78008 161231AO01500 1500 19849 3RD ST 19849 3RD ST BEND 97703 16746.08198 161231AO01602 160219860 4TH ST 19860 4TH ST BEND 97703'. 36648.33705 161231AO01800 1800 64741 COOK AVE 64741 COOK AVE BEND 97703 21192.63698 161231AO02300 230064712 COOK AVE 64712 COOK AVE BEND 97703 13000.21277 161231AO02400 2400 64702 COOK AVE 64702 COOK AVE BEND 97703 5201.227182 161231AO02401 2401 64706 COOK AVE 64706 COOK AVE BEND 97703 5200.799836 161231AO02500 2500.64696 COOK AVE 64696 -.COOK AVE BEND 97703 15603.46061 161231AO02600 2600!64725 WHARTON AVE 64725 WHARTON AVE BEND 97703' 6667.596678 161231AO02601 2601' 7723.646419 161231AO02602 2602 7799.923425 161231AO02700 2700 19855 4TH ST 19855 4TH ST BEND 97703 25656.68978 161231AO02800 2800 64704 BRUCE AVE 64704 BRUCE AVE BEND 977031 11405.55715 161231AO02801 2801:19850 STH ST 19850' 5TH ST BEND 97703 14259.28202 161231AO02900 2900!64697 COOK AVE 64697, COOK AVE BEND 97703' 5702.832738 161231AO03000 3000 2851.27801 161231AO03001 3001 64705 COOK AVE 64705 COOK AVE BEND 97703 8553.16677 161231AO03400 - 3400 - - 2852.861642 161231AO03401 3401 19830 5TH ST 19830 5TH ST BEND 97703 14265.42207 161231AO03402 3402' 19835 4TH ST 198351 4TH ST BEND 97703 19967.26967 161231AO03403 3403 5706.235194 161231AO03404 3404 5706.836589 161231AO03405 3405'' 8561.281892 161231AO03406 3406, 2852.758292 161231AO03407 3407 2852.963046 161231AO03408 3408' - 2853.277095 161231AO03409 34091 2853.561899 161231AO03700 3700' 19815 5TH ST 19815 5TH ST BEND 97703 12275.85366 161231AO03701 3701 64670 STRICKLER AVE 64670 STRICKLER AVE BEND 97703 46237.58262 161231AO03800 3800...19825 5TH ST 19825 STH ST BEND 97703' 25831.19395 161231AO04100 410064671 BRUCE AVE 64671'.. BRUCE AVE BEND 97703 55839.3964 161231AO04200' 4200' 198495TH ST 19849' 5TH ST BEND .97703' 25675.38579 161231AO04201 420164683 COOK AVE 64683' COOK AVE BEND 97703' 11789.19066 161231AO04202 4202 64693 COOK AVE 64693 COOK AVE BEND 97703 2470.974317 161231AO04203 4203' 8560.32829 161231AO04300 4300' 2852.963444 161231AO04400 4400 64677 COOK AVE 64677 COOK AVE BEND 97703 11410.80191 161231AO04500 450064681 COOK AVE 64681' '.COOK -AVE BEND .97703 5704.799572 161231AO04600 4600 64688 COOK AVE 64688 COOK AVE BEND 97703 8552.982964 161231AO04601 4601..64682 COOK AVE 64682 COOK AVE BEND 97703 8553.908662 161231AO04700 4700' 64678 COOK AVE 64678 COOK AVE BEND 97703' 5703.112347 161231AO04701 4701'64682 COOK AVE 64682 COOK AVE BEND 97703 23387.94874 161231AO04702 4702' 9132.217932 161231A004800 4800164685 WHARTON AVE 64685 WHARTON AVE -BEND 97703 19954.30143 161231AO05100 5100 64660 COOK AVE 646601 COOK AVE BEND 97703' 11985.81619 161231AO05101 5101 64661 WHARTON AVE 64661 WHARTON AVE BEND 97703 11984.06403 161231AO05200 5200' 19880 7TH ST 19880 7TH ST BEND 97703 11411.09404 161231AO05201 5201' 64654 COOK AVE 64654' COOK AVE BEND 97703 14264.43079 161231AO05202 5202'64648 COOK AVE 64648 COOK AVE BEND 97703 5706.500515 161231AO05204 5204''64655 WHARTON AVE 64655 WHARTON AVE BEND 97703 14261.51619 161231AO05300 5300 64644 COOK AVE 64644 COOK AVE BEND 97703 5706.914199 161231AO05400 5400:64659 COOK AVE 64659 COOK AVE BEND 97703 22830.05827 161231AO05401 5401 64650 BRUCE AVE 64650 BRUCE AVE BEND 97703 22837.35786 161231AO05500 5500 19860 7TH ST 19860 7TH ST BEND 97703 22832.69429 161231AO05598 5598 64605 BAILEY RD 64605 BAILEY RD BEND 97703 14530.84574 161231AO05599 5599''64665 HWY 20 64665' HWY 20 BEND 97703 • 6322.307738 161231AO05600 5600' 64661 BRUCE AVE 64661'1 BRUCE AVE BEND 97703 17704.82047 161231AO05700 . 5700 64653 BRUCE AVE 64653 BRUCE AVE BEND 97703. 11691.59874 161231AO05800 5800 64601 BAILEY RD 64601 BAILEY RD BEND 97703 81881.21252 161231AO05900 5900 64631 WOOD AVE 64631 WOOD AVE BEND 97703 5219.918064 161231AO05901 5901 5219.577401 161231AO05902 5902 6801.6431 161231AO05903 5903 5393.928143 TAXLOT PARCEL Address House -Numb Direction Street -Nam Street_Typ Unit_Numbe City State Zip Shape -Area 161231AO05904 5904 - 6711.532532 161231DO01201 1201' 5337.831584 161231AO05905 5905 10749.64185 161231D001202 1202' _ __ 5066.505514 161231D001203 1203 __ 161231DO01204 1204 19887 8TH ST 19887 8TH ST BEND 97703 10746.28753 4794.822833 161231AO05906 5906 - 11205.25693 161231DO01300 1300 - - 10750.59712 - 1301' - __ 161231D001302 - - 1302' 5877.389784 161231A005907 5907 161231AO05908 5908 5221.378234 5221.039259 161231AO05909 5909 161231AO05910 59105220.657243 161231AO05911 5911 5220.300401 161231AO06000 6000'64619 HWY 20 64619 HWY 20 BEND 97703 25049.41436 161231AO06100 610064615 HWY 20 64615 HWY 20 BEND 97703 46028.98694 161231AO06200 6200 19845 7TH ST 19845 7TH ST BEND 97703 39606.62061 161231AO06201 6201 64625 COOK AVE 64625 COOK AVE BEND 97703 17130.31262 161231AO06300 6300 19875 7TH ST 19875 7TH ST BEND 97703 17124.70573 161231AO06301 6301'64631 WHARTON AVE 64631 WHARTON AVE BEND 97703 19975.10405 161231AO06302 6302 19860 8TH ST 19860 8TH ST BEND 97703 17128.35987 161231A006303 6303 19882 8TH ST 19882 8TH ST BEND 97703 14270.97809 - - - 161231D000200 200.19899 8TH ST 19899 8TH ST BEND .. 97703 13418.41232 161231D000201 201 19893 8TH ST 19893 8TH ST BEND ...97703 6709.581109 161231D000202 202'19897 8TH ST 19897 8TH ST BEND 97703 6708.817288 161231D000203 203 19887 8TH ST 19887 8TH ST BEND ....97703 10745.32482 161231D000204 204 19895 8TH ST 19895 8TH ST BEND 97703 6709.214416 161231D000300 300 19883 8TH ST 19883 8TH ST BEND .97703 7207.501418 161231D000301 301 19859 8TH ST 19859 8TH ST BEND 97703 21626.67139 161231D000302 302 19855 8TH ST 19855 8TH ST BEND ,97703 21608.49311 161231D000303 303 198618TH ST 19861 8TH ST BEND .97703. 10607.85156 161231D000304 304 19885 8TH ST 19885 8TH ST BEND 97703 7207.073139 161231D000306 306 19875 8TH ST 19875 8TH ST BEND ..97703 7207.874557 161231D000307 307 19889 8TH ST 19889 8TH ST BEND 97703 7206.66831 161231D000501 501 64460 OB RILEY RD 64460 OB RILEY RD BEND 97703 2521.589828 3732.240108 161231D000502 502 3132.237084 1 61231D000503 503 - _ - _- - ._ 5784.331087 161231D000505 505 161231DO01100 1100 483.495657 161231DO01101 110119873 8TH ST 19873 8TH ST BEND 97703 19686.18291 161231DO01103 1103 19865 8TH ST 19865 8TH ST BEND 97703 5013.24148 16123ID001104 110419867 8TH ST 19867 8TH ST BEND 97703 6346.163501 161231DO01105 1105.19871 8TH ST 19871 8TH ST BEND 97703 7210.038599 161231DO01106 1106 19863 8TH ST 19863 8TH ST BEND 97703 5251.836962 161231DO01107 1107 19869 8TH ST 19869 STH ST BEND 97703 7195.744989 1838.211393 161231DO01108 1108 - _ - - 1802 490631 161231D001109 1109 161231DO01110 1110'19875 8TH ST 19875 8TH ST BEND .97703 5663.181447 6711.899766 161231DO01200 1200 - 6711.532532 161231DO01201 1201' 10749.64185 161231D001202 1202' _ __ 6712.302047 161231D001203 1203 __ 161231DO01204 1204 19887 8TH ST 19887 8TH ST BEND 97703 10746.28753 6712.67414 161231DO01205 1205' - 11205.25693 161231DO01300 1300 - 10750.59712 161231D001301 1301' - __ 161231D001302 - - 1302' 6125.740629 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 4, 2018 FROM: Joe Sadony, Information Technology, 541-388-6530 TITLE OF AGENDA ITEM: Discussion Regarding Technology Staffing Status and Requirements ATTENDANCE: Joe Sadony SUMMARY: At the request of the Board of County Commissioners, a brief presentation and discussion regarding County technology staffing. The presentation will include factors driving staffing requirements, current staffing levels, and forecast of events having an impact on technology staffing. Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 6, 2018 FROM: DeAnn Carr, Health Services, 541-322-7633 TITLE OF AGENDA ITEM: Opioid State Targeted Response Grant Application RECOMMENDATION & ACTION REQUESTED: Staff recommend Board approval to apply for the Opioid State Targeted Response Grant. ATTENDANCE: Health Services staff: Janice Garceau, Outpatient Services Program Manager; DeAnn Carr, Deputy Director; George A. Conway, Director SUMMARY: Deschutes County is experiencing increases in hospitalizations related to opioid overdose and deaths related to opioids since 2001. Per Oregon Health Authority (OHA) data, opioid overdose rates have more than doubled, increasing from 3.7 per 100,000 residents in 2002 to 9.9 per 100,000 residents in 2014. (The 2014 data point is the most recent we can access for opioid overdose hospitalizations. These data come from the Oregon Hospital Discharge Database, and per OHA, "Hospitalization data is available only to 2014 as hospitals changed to ICD -10 coding in 2015. We are assessing the necessary coding changes before making 2015 hospitalization data available.") More alarming is that opioid -related deaths have nearly tripled since 2001 (includes death certificate data through the end of 2016). In addition, Deschutes County is experiencing a sizeable uptick in Fentanyl -related deaths since 2016. The increases are most notable in the population of adults 45 years and older, providing some guidance regarding whom to target for outreach and prevention efforts. Deschutes County proposes to use Oregon Health Authority (OHA) Opioid STR one-time funds to enhance the capacity of the Central Oregon region to respond more effectively to the opioid crisis and to better reach and engage individuals at risk for or struggling with opioid addiction. U�J-ses co` Deschutes County Health Services o -{ GRANT APPLICATION REQUEST Official Grant Title: Opioid State Targeted Response Grant Source of Grant Funds: !Oregon Health Authority Funding Amount (include amount per year if multiple years): Funds available $3,447,705; funds requested $288,333 Required Matching Funds (if applicable): ;None Application Due Date and Submission Method: April 15, 2018 FTE Required and Cost of FTE: None Staff Responsible:. Janice Garceau Grant Administrator if awarded : Janice Garceau Please answer the following questions: 1. Briefly summarize what work the grant is intended to accomplish: 'The stated priorities of the grant funding entity are: 1. Medication Assisted Treatment (MAT): Increase in access and provider training, purchase of MAT drugs, especially in rural areas 2. Recovery support services for individuals with opioid use disorders, especially in rural areas 3. Prevention including Naloxone purchase 4. CDC Prescribing Guideline training to providers, 2. What priorities in the Health Services Strategic Plan would this grant activity support? Provide data to describe a documented health need that would be addressed and that is consistent with the Strategic Plan. ,Goal 1: Improve Health and Prevent Disease b. Implement evidenced based programs and/or practices in health promotion and prevention and c. Provide information and education to individuals and the community Goal 2: Assure needed health and human services a. Coordinate and integrate services through collaborative community partnerships, d. Improve use and ease of access to appropriate service by underserved, marginalized and at risk populations, and e. Improve delivery of clinical preventive services.] 4/5/2018 H:\My Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\Grant Application Request Form.docx Page 1 of 4 3. Would this support core program activities and, if so, which one(s)? Are additional funds needed to support these activities? > would the support core activities of.• 1. Providing outpatient substance use disorder intervention to individuals in the community 2. Providing increased opioid use disorder expertise and responsiveness among community partners 3. Providing improved internal capacity to serve those with substance use and/or opioid use disorders 4. Providing improved access to services for high risk opioid addicted individuals 5. Providing enhanced outreach and engagement services to at risk individuals in the community 6. Providing risk reduction tools to address accidental overdose to community providers and at risk individuals. Additional funds are needed in order to provide expert training, cover the cost of training coordination (staff time) and outreach services into the community (staff time), and cover the cost of treatment supports. 4. Does this funding add new program activities? If so, what are the activities? Is it appropriate to add these new activities at this time? This funding adds new, time-limited activities that do not fall outside the position duties of existing identified staff. With the exception of the Administrative Assistant identified in the proposal, most of the additional work would be distributed across multiple staff and will be nominal.; 5. Is there a science base to support delivering the activities and services listed? Please describe that science base. ,The grant is specifically focused on providing information to the community on evidence/science based treatment and prescribing protocols for those with opioid use disorders. In addition, there is significant evidence for the use of peers and staff to provide outreach in the community to increase treatment engagement and compliance with recovery goals. 6. 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 available from May 2018 through May 2019. As this is one-time funding, efforts of the proposal are focused on increasing internal and external capacity to respond to the opioid crisis via staff and community partner training and outreach to at -risk populations. Specifically the proposal is to increase the number of staff qualified to deliver substance and/or opioid use disorder treatment, increase awareness and expertise of community partners who collaborate with Deschutes County Health Services (DCHS) in addressing opioid use; improve opioid use disorder screening and referral processes; increase client engagement through outreach efforts in the community, and decrease barriers to access to treatment through dollars to subsidize uncovered costs of treatment. 4/5/2018 H:\My Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\Grant Application Request Form.docx Page 2 of 4 7. What is the application deadline? Do you anticipate any problems meeting this deadline? April 15, 2018 8. Do you have the staffing to write a competitive proposal? If not, how will you contract for these services? Yes, the application is very streamlined—a two-page questionnaire—with no significant bureaucratic hurdles prior to applying.'' 9. Are there any matching requirements? None 10. What other partner organizations could potentially be applying? What is the plan to work with them? Other counties are invited to apply, 11. What are the potential political issues that could arise as a result of this application, funding, and/or activity? None of which we are aware. These funds do not require hiring additional FTE and support DCHS in furthering Oregon's goal to respond to the opioid crisis." 12. What is the fiscal impact to the department if we are awarded this grant? ATTACH fiscal impact analysis completed with Business Manager approval. We will receive grant dollars that allow us to cover the cost of coordinating training and increasing staff qualifications. In the matter of the latter, DCHS would pursue additional substance and/or opioid use disorder training regardless, so grant funds allow DCHS to offset those costs. In addition, grant funds allow DCHS to potentially recoup uncovered costs of treatment which we are required to provide to indigent individuals in our community regardless of coverage. 13. Will a contract be required if we are awarded this grant? If yes, is there sufficient time to complete the contract process (estimated timeline: 4-6 weeks) prior to starting the work? A contract for a fall trainer will likely be required. Given that funds will disburse in May, there will be adequate time to contract with a training entity. George A. Conway, MD, MPH 6 April, 2018 Department Director Signature Date Director to Attend Board Meeting? (check one) ❑ Yes No 4/5/2018 H:\My Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\Grant Application Request Form.docx Page 3 of 4 Contract Specialist Review: Board Meeting Date: Time: Grant Application Number: 4/5/2018 H:\My Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\Grant Application Request Form.docx Page 4 of 4 Oregon Health Authority Opioid State Targeted Response (Opioid STR) Grant Entity Name: Deschutes County Project Contact: Janice Garceau Agency name: Deschutes County Health Services — Behavioral Health Division Address: 2577 NE Courtney Drive City/ZIP: Bend, OR 97701 Phone: 541-322-7664 Email: Janice.garceau@deschutes.org Project Description and Outcome Measures Project Title: Deschutes County Enhanced Response to Opioid Use Crisis Project Type (check all that apply): 0 Prevention M Treatment and Recovery Proposal Form Project Description (provide a brief description of the proposed project including data used to determine priority areas): Overview: Deschutes County is experiencing increases in hospitalizations related to opioid overdose and deaths related to opioids since 2001. Per Oregon Health Authority's Oregon Hospital Discharge Database, opioid overdose rates have more than doubled, increasing from 3.7 per 100,000 residents in 2002 to 9.9 per 100,000 residents in 2014. More alarming is that opioid -related deaths have nearly tripled since 2001. In addition, Deschutes County is experiencing a sizeable uptick in Fentanyl -related deaths since 2016, matched only by Multnomah County rates. The increases are most notable in the population of adults 45 years and older, providing us some guidance regarding whom to target for outreach and prevention efforts. Deschutes County proposes to use Oregon Health Authority (OHA) Opioid STR one-time funds to enhance the capacity of the Central Oregon region to respond more effectively to the opioid crisis and to better reach and engage individuals at risk for or struggling with opioid addiction. To that end, Deschutes County Health Services (DCHS) proposes the following elements. Capacity and Competency Building: DCHS will arrange for and coordinate training to staff and community partners in order to increase capacity and competency to respond to individuals with April, 2018 Page 1 of 4 H:\My Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\DCHS Enhanced Resp to 0 -Use Crisis Proposal 04.2018.docx Oregon Health Authority Proposal Form substance use disorders (SUD) and, in particular, to those with opioid use disorder (OUD) including skills for supporting Medically Assisted Treatment (MAT). Planned training includes: A two-day seminar planned for Fall 2018 for staff and community partners including medical/ health care providers and care coordinators, behavioral health practitioners, and other professionals encountering individuals with OUD. The seminar will be regionally focused and open to participants from Crook, Deschutes and Jefferson counties. Up to 60 total hours of training for Deschutes, Crook, and Jefferson County Community Mental Health Provider (CMHP) staff specific to OUD and other SUD in order to increase internal capacity to respond to and treat OUD. Training funds may include the purchase of relevant training materials, sending staff to OUD and MAT training, and contracting with experts in the field for in-person training. Outcomes will include: o Increase the number of staff who meet OAR requirements to provide SUD, including OUD, and dual diagnosis treatment. o Increase number of staff with competency and expertise in the area of OUD and MAT, high-risk SUD populations and engagement strategies. o Increase the number of staff and community providers trained in Basic Life Support (BLS) and how to administer Narcan (Naloxone HCL) nasal spray. Funds will be specifically applied to: o 0.50 FTE of an administrative assistant position that will focus on: ■ Development, logistics coordination and publicizing training opportunities ■ Provision of BLS training and certification for all agency staff Training contracts, materials and supports including books, publications and video, presenter costs, space costs, coffee and light foods, CEU costs, and publication of training announcements and materials. Outreach, Support, Prevention and Engagement: DCHS intends to reach at -risk individuals who may be difficult to engage in services through outreach and support groups in the community. DCHS staff with skills, training and or expertise in SUD and OUD will provide group services in the community and that do not require full enrollment in behavioral health outpatient services. Groups will be offered in collaboration with Public Health and other partners who regularly encounter individuals with OUD. Groups will focus on providing: o Information about risk reduction and resources o Efforts to engage individuals in MAT and/or other recovery services and supports o Screening for high-risk behaviors and referral to services o Skill development o Information about preventing and responding to overdose Staff, community partners, at -risk individuals and/or their family members will be provided with Narcan (Naloxone HCL) nasal spray to administer in the event of a suspected opioid overdose. Funds will be specifically applied to: o Cost of staff providing groups in the community April, 2018 Page 2 of 4 H:\My Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\DCHS Enhanced Resp to O -Use Crisis Proposal 04.2018.docx Oregon Health Authority Proposal Form o Materials, publications, and supplies for groups o Cost of space, coffee, and light foods o Cost of travel to and from community locations and/or training. Access to Treatment and Treatment Supports: DCHS will decrease barriers for individuals seeking to engage in OUD and/or MAT services. • DCHS will provide drug testing at no cost to enrolled participants in OUD and/or MAT treatment. • DCHS will provide transportation vouchers/gift cards and other supports to those who experience transportation to and from services as a treatment barrier. • Funds will be specifically applied to: o Contract expenditures for drug testing o Transportation vouchers/gift cards and other supports. Population of focus: Enrolled individuals with OUD diagnoses; individuals in the community identified as at risk by community partners; adults and youth intended for service and outreach, with a special focus on serving middle aged and older adults. Outcome measures and related data that will be included in the reports (check all that apply): ❑ Number and rate of opioid use in community ❑x Number and rate of opioid overdose related deaths in the community © Number of people receiving OUD treatment 0 Number of providers implementing MAT ❑X Number of prevention and/or treatment providers trained in the community April, 2018 Page 3 of 4 HWY Documents\ADMINISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 04 11 2018\DCHS Enhanced Resp to O -Use Crisis Proposal 04.2018.docx Oregon Health Authority Proposal Form Proposed Budget (Please note that Opioid STR funds cannot be used to purchase property or for construction purposes): Item Explanation Cost Staff Salaries and Fringe 0.50 FTE Administrative Assistant (hourly rate w/benefits of 45.69 X 2072 hrs/yr. X .50) $ 47,335.00 Staff Salaries and Fringe Up to three 90 -minute groups X two clinicians X 45 week X hourly avg rate of $93.30/hr $ 37,786.00 Total Salaries and Fringe $ 85,121.00 Contracted Services Trainer(s) for two-day regional training $ 10,000.00 Contracted Services 60 hours of in person and/or online training for internal staff $ 10,000.00 Contracted Services Drug testing $ 3,000.00 Contracted Services BLS certification cost for 300 employees X $20 per certificate $ 6,000.00 Total Contracted Services $ 29,000.00 Media (Video, Books) Materials for ongoing internal staff training and handouts/books for clients $ 5,000.00 Medical Supplies Up to 1,000 doses of Narcan (Naloxone HCL) nasal spray X $118 per dose $ 118,000.00 Program Supplies Materials and supplies for trainings and outreach groups $ 10,000.00 Client Support Travel vouchers, gift cards, other discretionary client supports $ 10,000.00 Printing / Binding Training Materials $ 3,000.00 Travel / Mileage Staff travel costs $ 2,000.00 Program Indirect Costs Administrative and program supports (10%) $ 26,212.00 Total Costs $ 288,333.00 Note: Please refer to the grant summary document for information on allowable and non -allowable activities under this grant. Please submit your forms to Rusha Grinstead (OHA) by April 15, 2018 For Question about this proposal form or about the Opioid State Targeted response Grant, please contact: Rusha Grinstead at rusha.erinstead@state.or.us April, 2018 Page 4 of 4 H:\My Documents\ADM IN ISTRATION\Board of County Commissioners\BoCC Agenda Requests\Opioid State Targeted Response Grant 0411 2018\13CHS Enhanced Resp to O -Use Crisis Proposal 04.2018.docx Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 6, 2018 FROM: DeAnn Carr, Health Services, 541-322-7633 TITLE OF AGENDA ITEM: Mobile Crisis Funding FTE Request RECOMMENDATION & ACTION REQUESTED: Staff request approval of 3.0 additional FTE for Mobile Crisis response. ATTENDANCE: Health Services staff: Holly Harris, Crisis Services Program Manager; DeAnn Carr, Deputy Director SUMMARY: Deschutes County Health Services (DCHS) requests approval from the Board of County Commissioners for the addition of three Mobile Crisis FTE with new funding from Oregon Health Authority (OHA) in Service Element MHS 25. The three FTE would consist of two BH Specialist IIs and one Peer Support Specialist. The 2017 Legislature allocated approximately $10 million to the Oregon Health Authority (OHA) to increase mobile crisis services in order to meet the requirements of the Oregon Performance Plan. OHA has allocated these funds to Community Mental Health Programs as an increase in Service Element MHS 25 on an on-going basis; DCHS is receiving $695,973.30 for the biennium. We have determined that the addition of two Behavioral Health Specialist IIs and one Peer Support Specialist will be needed in order for the DCHS Mobile Crisis Team to be able to meet the requirements of the OPP. OFFICE OF THE DIRECTOR 1 c("Y n calthmt x' Kate Brown, Governor 14 i1v Oregon Health Authority Issues Mental Health Services Plan in Resolution of USDOJ Investigations OHA has issued a Plan to improve mental health services for adults with severe and persistent mental illness (SPMI). The Plan is being issued after lengthy discussions with the Civil Rights Division of the United States Department of Justice (USDOJ). For several years, USDOJ investigated conditions at Oregon State Hospital. In 2010, the investigation expanded into whether Oregon's community mental health services were sufficient to avoid unnecessary institutionalization of adults with SPMI. In November 2012, Oregon and the United States entered into a four-year agreement, under which Oregon would provide data about its services, assess gaps, and develop performance outcome measures. After extensive negotiations, Oregon Health Authority is now ready to proceed on its Performance Plan for Adults with Severe and Persistent Mental Illness. The Plan will address OHA's efforts in the next three years. The USDOJ investigation of conditions at the Oregon State Hospital is now largely closed. The investigation has been pending since 2006. Numerous issues about Hospital conditions were raised and examined in the investigation. In the meantime, a new hospital was built and the State engaged in an extensive effort to improve treatment services there. At present, the only remaining issues in the USDOJ investigation of the Hospital are performance outcomes for the Hospital in the Plan, which essentially involve earlier discharges from the Hospital and improved linkages to community services. During the last several years, Oregon also has engaged in a significant effort to transform its community mental health services. The Legislature has invested tens of millions of dollars in that effort. With the State's commitment to implement the Plan, USDOJ is suspending its investigation into the Oregon community mental health system for the next three years. The investigation is expected to terminate in 2019. In the Plan, OHA commits to several performance outcome measures and to further data gathering and study of certain issues. Oregon also commits to quality and performance improvement measures, and to data reporting. These measures cover a broad array of subjects, including: • Assertive Community Treatment Services, a form of treatment using multi -disciplinary teams (paragraphs D.1 to D.5); • Crisis services (paragraphs D.6 to D.13); • Supported housing (paragraphs D.14 to D.15); • Peer -delivered services (paragraphs D.16 to D.18); • Oregon State Hospital discharges and linkages to services paragraphs D.19 to D.26); • Acute psychiatric care discharges and linkages to services (paragraphs D.27 to D.36); • Emergency department services (paragraphs D.37 to D.44); • Supported employment services (paragraphs D.45 to D.48); • Secure Residential Treatment Facility discharges (paragraphs D.49 to D.50); • Criminal Justice diversion (paragraphs D.51 to D.53); • Quality and performance improvement (paragraphs EA to E.7); and • Data reporting (paragraphs F.1 to F.6). OHA has also hired an independent consultant to assess OHA's performance under the Plan. Pamela Hyde, the independent consultant, led the U.S. Substance Abuse and Mental Health Services Administration from 2009 to 2015. Before that, she also served for six years as Secretary of the New Mexico Human Services Department. Excerpt from the Independent Consultants Report #1: Oregon Health Authority Activities to Implement the Oregon Performance Plan (March 2017) 2. Crisis Services (Subsections D. 6 — 13) In the OPP OHA commits to expanding mobile crisis services so they are available statewide by June 30, 2018. (Subsection D.6) As of this time, contracts for these services appear to cover all Oregon counties, but the services themselves may not yet do so. OHA also commits to increase the number of individuals served with mobile crisis services so that 3,500 are served in FY 2017 (ending June 30, 2017), and 3,700 are served in FY 2018 (ending June 30, 2018). (Subsection D.7) OHA is poised to meet these targets since the State reported 3,732 unique individuals34 received mobile crisis services during CY 2015. OHA commits in its January 2017 report to continue improving mobile crisis services, specifically regarding statewide coverage and response times. OHA intends to make mobile crisis services a required component of CMHPs' array of services statewide. To determine the current gaps in service capacity, OHA surveyed CMHPs in the Fall of 2016. (See Appendix E for the survey questions.) As of the end of CY 2016, the information from this survey had not been tabulated or provided to me, although OHA indicates the analysis of survey results will be available in May 2017. Further, OHA recognizes the limitations involved in using current data systems to capture data related to mobile crisis services, specifically response times; the designation of urban, rural, and frontier areas; and dispositions following a mobile crisis event. OHA indicates it is developing a data reporting template mobile crisis teams will be required to use to capture this data in the future. In its January 2017 report to USDOJ, OHA indicates an investment this biennium of $7 M in mobile crisis and crisis respite services, specifically in 20 counties, for nine new and six expanded programs plus an additional $4 M for CMHP mobile crisis and crisis respite services throughout the state. To: Board of County Commissioners From: DeAnn Carr, Health Services Deputy Director Date: April 11, 2018 Subj: Mobile Crisis Funding—FTE Request Request: Deschutes County Health Services (DCHS) requests approval from the Board of County Commissioners for the addition of three Mobile Crisis FTE with new funding from Oregon Health Authority (OHA) in Service Element MHS 25. The three FTE would consist of two BH Specialist IIs and one Peer Support Specialist. Overview of Request: The United States Department of Justice (DOJ) Civil Rights Division and the State of Oregon have engaged in a collaborative process to resolve the United States' investigation of Oregon's compliance with the integration mandate of Title II of the ADA and the Olmstead Act. This collaboration resulted in the creation of the Oregon Performance Plan (OPP) which outlines a wide variety of required deliverables. One of those deliverables is that each county in Oregon have a mobile crisis team that can respond in the community within required timeframes. This deliverable must be in place no later than July, 1, 2018. Deschutes County Health Services – Behavioral Health Division currently has a mobile crisis team, however will be unable to meet the heightened requirements. In recognition of the challenges associated with the new requirements, the 2017 Legislature allocated $15 million to the Oregon Health Authority (OHA) to address the needs of the OPP. Approximately $10 million out of the $15 million was allocated to increase mobile crisis services. OHA collaborated with the Association of Community Mental Health Programs regarding the distribution of funding. Rather than requiring each Community Mental Health Program (CMHP) to submit an RFP proposal, a formula approach was created to ensure minimum baseline funding was available for each CMHP. Based on this formula, DCHS is receiving $695,973.30 for the biennium. This funding is allocated on an on-going basis. Each CMHP was required to submit to OHA a Fund Implementation Plan that outlined "how the funds will be used to increase mobile crisis service..." and meet the requirements in Service Element MHS 25 and OAR 309- 019-0150. DCHS administration, in collaboration with mobile crisis staff, conducted a review of current programming as well as the new requirements in order to determine what structural changes would be necessary to meet the requirements. The Mobile Crisis Team currently has two teams of two that rotate 24/7 shifts. We determined that the Mobile Crisis Team would need to change from two BH Specialist IIs per shift to three per shift and add a Peer Support Specialist. The addition of a peer will decrease the amount of time that BH Specialist IIs spend on care coordination and will increase time available for outreach and engagement. Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 11, 2018 DATE: April 5, 2018 FROM: William Groves, Community Development, 541-388-6518 TITLE OF AGENDA ITEM: Snow Creek Pre -Hearing Work Session ATTENDANCE: CDD SUMMARY: Before the Board of County Commissioners (BOCC) is an appeal filed by applicants Pamalynn and H. Richard Steinfeld. The appeal is submitted in response to a January 29, 2018 Deschutes County Hearings Officer's decision that the applicants have not met the burden of demonstrating that the proposed modification of prior approvals and non-farm partition and dwelling complies with applicable criteria. The BOCC agreed to hear this matter de novo on February 28, 2018, under Order No. 2018-016. A public hearing is scheduled for April 16, 2018. MEMORANDUM DATE: April 4, 2018 TO: Board of County Commissioners FROM: Will Groves, Senior Planner RE: BOCC hearing of the Applicant's appeal of a Hearings Officer's decision. File Nos. 247 -17 -000863 -MC, 864 -MP, 865 -CU (247-18-000123A) Before the Board of County Commissioners (BOCC) is an appeal filed by applicants Pamalynn and H. Richard Steinfeld. The appeal is submitted in response to a January 29, 2018 Deschutes County Hearings Officer's decision that the applicants have not met the burden of demonstrating that the proposed modification of prior approvals and non-farm partition and dwelling complies with applicable criteria. The BOCC agreed to hear this matter de novo on February 28, 2018, under Order No. 2018- 016. A public hearing is scheduled for April 16, 2018. I. BACKGROUND The subject property is part of Lot 4 of the Snow Creek Ranch subdivision (see attached Snow Creek Replat 1995 Plat). This lot was divided by a 2001 partition (see attached Steinfeld 2001 Partition, PP -2001-6) to create a nonfarm parcel and dwelling. The applicant seeks to divide Parcel 2 of PP -2001-6 (see attached proposed Partition Figure) for a new nonfarm parcel and dwelling. This subdivision, on farm -zoned land, is unusual in that prior approvals included specific restrictions preventing the subsequent division of the subdivision lots. It appears that the intent was to create large lot (39-102 acres) farm parcels with a homesite per lot. Unfortunately, the standards for the originally contemplated farm dwellings became significantly more onerous, and MC -97-2 was approved to authorize creation of non-farm parcels to permit non-farm dwellings. The restrictions on additional land divisions in the subdivision were implemented as follows: The 1991 approval (TP -91-760) included the following condition of approval: 5. No further division of this land would be allowed since this appears to be the minimum size in this area for farm use. Also, any further division would necessarily split up productive farm land and make it difficult to site residences on lands that did not encompass productive agricultural lands. This condition was modified in 1997 (MC -97-2) to read: 5. Further division of the Snow Creek Ranch Subdivision lots shall only be allowed pursuant to the provisions of Section 18.16.055(B) pertaining to the creation of one new parcel for a nonfarm dwelling, and then only if the recording of a deed restriction against any additional dwellings is made a condition of final plat approval for any nonfarm partition approved for the subdivision lot under Section 18.16.055(B) Such deed restriction shall state that no dwelling shall be allowed on the remainder farm parcel. The applicant partitioned a non-farm parcel and constructed a non-farm dwelling (CU -00-74 and MP -00-18) under this modified condition. The required deed restriction was never recorded. II. PROPOSAL The applicant has now requested to amend Condition 5 in MC -97-2, to allow another non-farm parcel and dwelling, as follows: 5. Further division of the Snow Creek Ranch Subdivision lots shall only be allowed pursuant to the provisions of Deschutes County Code and state law. The proposal also includes a new partition of the 69.37 -acre parcel zoned EFU to create a 64.73 -acre farm parcel, and a 4.64 -acre nonfarm parcel with a nonfarm dwelling. Ill. HEARINGS OFFICER'S DECISION The Hearings Officer denied the proposal under several applicable criteria. Below, relevant code sections in bold are followed by quotes from the Hearings Officer's decision. Section 22.36.040. Modification of Approval. Change of circumstances makes change desirable. This criterion sets a high bar for the applicants. Perhaps the opponent's' concerns do not rise to a significant adverse impact, but it is hard to conclude that increased traffic, more dwellings and other identified concerns benefit them. ....none of those other owners have expressed support or argued that the change is desirable in this rather unique farm subdivision. I find that this provision requires something more than being financially desirable for the applicant. It must be desirable considering the purpose of the applicable zoning and other regulations. The prior modification was desirable in that it furthered the objectives of the original approval and, apparently, agricultural values by providing a work -around to get something like the originally envisioned farm dwellings. In contrast, as discussed previously, the proposed modification is inconsistent with the objectives of the original and modified approvals and encourages exactly the kind of rural residential development that those approvals explicitly sought to avoid. ...not substitute for an appeal or constitute a substantially new proposal. I find, however, that this the application constitutes a substantially new proposal. ' Significant opposition was provided by other owners in the Snow Creek Ranch subdivision, who would also be subject to the proposed modification, and who did not support additional development in the subdivision. -2- The applicants propose to modify a condition that applies throughout the subdivision. Further, as discussed above, the provision sought to be modified goes to the heart of the subdivision approval and subsequent modification. The applicants propose to remove something that at least some of the other lot owners assert they relied on in purchasing property. The applicants concede that at least two other owners could take advantage of this restriction, so it could have broader impacts on the subdivision. If the Code changes again, perhaps even more properties could develop. ...not have significant additional impacts on surrounding properties. [The modification] ... opens the door to a fundamental change in the nature of the subdivision and removes the protections that formed the central basis for approving the lots in the first place. It may be that some other type of application constituting a new proposal could be approved that would meet the applicants' objective, but a modification of conditions is not the proper course in these circumstances. The applicants have not met their burden on this issue. 2. Section 17.22.020. Requirements for Approval. A proposed partition is not in compliance with the zoning ordinance if it will conflict with the terms of a previously issued approval for land use on the property... In short, absent a modification, which I have denied, the application for a partition conflicts with the requirement that the parcel be subject to a deed restriction permitting only one partitioning. 3. Section 17.36.260. Fire Hazards. Whenever possible, a minimum of two points of access to the subdivision or partition shall be provided to provide assured access for emergency vehicles and ease resident evacuation. I am not comfortable with a condition leaving it to the applicant to apply to ODOT outside of the record. This criterion should have been addressed more fully and, therefore, has not been met based on this record. IV. APPEAL On February 7, 2018 the applicants appealed the decision to the BOCC with eleven assignments of error. Staff summarizes these as follows: The HO Finding of a required deed restriction under the prior non-farm dwelling and parcel is a collateral attack on those decisions. 2. The HO erred in requiring a secondary point of access to the subdivision at Highway 20. The applicant proposes an alternative access. 3. The HO erred in finding that that the prior deed restriction is still an unmet requirement at this time. 4. In the alternative, the applicant states that the prior deed restriction could be recorded now. -3- 5. The HO erred in interpreting the DCC 22.36.040 requirement that a modification of prior approvals be "desirable" as too narrowly focused on opponents concerns, rather than broader policy issues. 6. The HO erred in finding that the modification would (or could) not be contained to the applicant's property. Neighbors could take advantage of this modification, or a similar one, at their discretion, which would solve the "desirable" issue. 7. The HO erred in finding the application constitutes a substantially new proposal. The prior modification allowed for more non-farm parcels and this addition of a single new parcel is substantially new proposal. 8. The HO erred in finding the modification "open the door to a fundamental change in the nature of the subdivision and removes the protections that formed the central basis for approving the lots in the first place." The non-farm dwelling findings confirm that the new dwelling/parcel would not have significant impacts on area farm operations. 9. The Hearings Officer erred in requiring a condition of approval stating the requirements of DCC 17.22.020(A)(7). The applicants submitted with their application an e-mail from the Watermaster's office that he already reviewed the proposal and that no water rights would be affected by the nonfarm partition. 10. The Hearings Officer erred in finding that the existing condition of approval prohibiting additional partitioning "remains in place." Whether or not that condition remains in place is fact to be determined outside the jurisdiction of the County. 11. The Hearings Officer erred in finding that compliance with DCC 17.36.260 cannot be found to be met with a condition of approval. As stated previously, the applicant already pointed out that alternative for emergency vehicles exists. V. SECTION 22.20.040 AND THE 150 -DAY CLOCK The 150th day for the County to take final action on this application is currently July 14, 2018. (DCC Section 22.20.040), due to a 90 day toll of the 150 -day clock by the applicant. Attachments: 1. Snow Creek Replat 1995 Plat 2. Steinfeld 2001 Partition 3. Snow Creek Partition Locator Figure 4. 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U $�SWUZzNQN �yv��•N'1 t ¢� OR" qJ 2� 2Q>NO� -�hWKhOUO • QW �Q SS b � O FF ryFSW$WO¢F•-i � ¢¢ Z N2C�Pq Q ��n�� •V aU OJ k7 ai�a� �: K^>WUc�,oa�2�2> � R����^• O R$Z 2 til `' '�, rc'fio *��o i�ozaioo�rv�m��o W� z��Noi F_o. �tii M a$i ivJi� WNJ C m'6$ w22,-. OU'T¢��U xz U � W Ww O Q .r U Cv I \ w o Q.00 ~c .J a� F� 1 wo o W W o ZZM Z xW owE"�w &-ZZ cw eM � � o W Z O q 00 qz qti a O z to U Q V O \� W E- E- EEo In W PL W VJ Aq Em �MF z_F U O 2 0 W>� Q m z �a I IL ^"Q l I ri �i / �Uaff a° mtt // / nwWO wa o�G$ W �m n apo �S �;22a OYNN O$Z`V 3a�< 3QK oho i4 �, l I S00 a J =Q w U.S. HIGHWAY 2G -` - v UL MAP TO ACCOMPANY Y Z APPLICATION FOR PARTITION PARCEL 1 OF PARTITION PLAT NO. 2001-06 LOCATED IN THE S1I2 OF SECTION 4 AND THE N112 OF SECTION 9, T16S, R11E, W.M., DESCHUTES COUNTY, OREGON TAX LOTS: 1611040000804 AND 1611090000101 (ONE LOT OF RECORD) ZONING: EFUTRB & LM Y.L. 161f01 REV. 0 SVlnt PLA REV. ROAD MUST 138265 PiA1N9770 RGAD BfNO. OR 97900 CURVE TABLE CHORD LENGTH 340 7 L3 1 - BER�kADk75 DELTA ANGLE 91- AR{' LFN!'TH CHORD 5&iRlNC '15234 N56'3920"W i 395 dd- 06 iY � m�335 N QO 85 35 42 X00 4f N41',57 D9"W 465 20 NUM C LINE TABLE + `� �N�,eiR{R BE4kINC DISrANCE_ ` 1 Nf7E! t*E 130�y (2 N/7U10 E. s7; _1-a NESO4 .,,5 16731 Z�r TWOW, ?135 00 m� �..YiS SOD 5O 42-W J50,00 µLG S'JD 32a 00 SCALE 1" = 300' 41 150 '1X1 v?o FT; NOTES 1, FINAL DIMENSIONS AND AREAS MAY VARY SLIGHTLY DEPENDENT UPON FIELD SURVEY. 2. ACCESS WILL BE VIA SNOW CREEK LANE. SNOW CREEK LANE IS ASPHALT SURFACE 122 FEET WIDE. 3, ORIGINAL PARCEL CONTAINS 47.7 ACRES OF WATER RIGHTS UNDER CERTIFICATE NO. 56564. 4. SEWAGE DISPOSAL BY INDIVIDUAL SEPTIC SYSTEM. 5. DOMESTIC WATER BY INDIVIDUAL WELL. 6. FIRE PROTECTION 8Y DESCHUTES COUNTY RURAL FIRE DISTRICT. 7. POWER BY CENTRAL ELECTRIC COOPERATIVE, LEGEND_ ^=-�x--^•••••° EXISTING PROPERTY LINE. ___._.... RESULTING NEW PARCEL LINE. • • • • • • APPROXIMATE ADJOINER LINE. -- _. EXISTING CONTOUR LINE. --- ---- EXISTING EASEMENT. WIDTH AND PURPOSE IS NOTED HEREON. L1 LINE DESIGNATION - REFER TO TABLE. Cl CURVE DESIGNATION - REFER TO TABLE, SUBJECT PROPERTY VICINITY MAP NO SCALE T.L. 1611090000200 RONALO BROA'N AL 3119 NW 29TH VENU r4UIS, WA 98607 A T m M fffII G 1-I hR'aO •q1 1340.00 i.L fFPtrir r1�%41P :q � z �•Etis1i 1-t CAK,�L:Nr`ui'Y Cr , Gyi ax6, cur srm.+. - M1 yl. in �z a ieo�P Li w� C Hz �a� \ PARCEL 2 �� - 1-4,64 AC. t _ `! Q.0 AC. WidTf-R ! 5't5'E -'- m ro ro PARCEL I 1-64.74 AC. s 147.7 AC. WATER U P,W F LrNE EASCMt'Nt-I V06_ a'717, 1'G -311;: j� 7 IwgV: V1 n� t x ao u f lo� N59'4i'69'W - 711.62 LL 1611090000600 - STATE OF ORETTON )ZA SUMMER STREET NE Jf00 SALEM. OR 97301