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2020-163-Minutes for Meeting April 06,2020 Recorded 5/19/2020Recorded in Deschutes County C J2020_163 Nancy Blankenship, County Clerk Commissioners' Journal 05/19/2020 11:22:14 AM BOARD OF COMMISSIONERS 2020-163 1300 NW Wall Street, Bend, Oregon (541 ) 3 88-65 70 10:00 AM Barnes Sawyer Room Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel (via phone-in); and Samantha Pepper, BOCC Administrative Assistant. Several citizens and several identified representatives of the media were in attendance via phone-in. In house attendance was limited in response to Governor's orders. CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE Commissioner Adair stresses the importance of giving blood in this time of need. Commissioner Henderson mentions that he enjoys seeing the community using masks and gloves to protect themselves. He also adds that the Stay at Home order seems to be working in Oregon. BOCC MEETING APRIL 6, 2020 PAGE 1 OF 14 Commissioner DeBone mentions the importance of state laws specific to protecting the confidentiality of public health disclosures. He is impressed with how well county staff are following these guidelines. CITIZEN INPUT No In Person Citizen Input CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. DEBONE: Move Approval of Item #1 of Consent Agenda. Item #2 was pulled for decision. Item #3, 4, and 5 were pulled to a future date for further review. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature to reappoint Tyler Deke to the Deschutes County Special Transportation Fund (STF) Advisory Committee 2. Consideration of Board Signature of Document No. 2020-049, Intergovernmental Agreement for Law Enforcement Services with the City of Sisters and Deschutes County - Shane Nelson, Sheriff 3. Approval of Minutes of the March 18, 2020 BOCC Meeting 4. Approval of Minutes of the March 23, 2020 BOCC Meeting 5. Approval of Minutes of the March 25, 2020 BOCC Meeting BOCC MEETING APRIL 6, 2020 PAGE 2 OF 14 ACTION ITEMS: 2. Consideration of Board Signature of Document No. 2020-049, Intergovernmental Agreement for Law Enforcement Services with the City of Sisters and Deschutes County Sheriff Shane Nelson discusses Agreement for Law Enforcement Services with the City of Sisters and Deschutes County Sheriffs Office. Commissioner Henderson asks about the City of La Pine agreement that is similar to this one. Commissioner Adair is excited about the partnership that these agreements create. There will be one lieutenant and several deputy's assigned to the area. The existing contract will remain in operation until all positions are filled on July 1. HENDERSON: Move Approval of Board Signature Doc. No. 2020-049. DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 6. Consideration of Board Signature of Document No. 2020-184, Oregon Health Authority Intergovernmental Agreement #159336 Janice Garceau, Health Services Deputy Director explains Oregon Health Authority Agreement #159336 which is a contract between County and OHA for parent child interaction therapy. She mentions that these funds arrived late due to legislative issues. This contract is paying for staff time, training, materials and supplies. It also provides therapy to up to 5 families. Commissioner DeBone asks if funds were prorated because the funds came late. Ms. Garceau states that the payment will be in full for the current biennium when the agreement is executed. DEBONE: Move Approval of Chair Signature of Doc. No. 2020-184. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING APRIL 6, 2020 PAGE 3 OF 14 7. Consideration of Chair Signature of Document No. 2020-185, PacificSource - Choice Model- PULLED 8. Consideration of Board Signature of Document No. 2020- 214, Oregon Health Authority Intergovernmental Agreement #159163-8 Janice Garceau, Health Department Deputy Director explains Oregon Health Authority Agreement #159163-8. This contract is to support substance abuse, recovery prevention and gambling services during the biennium. This amendment provides additional funding and also supports the Prime Plus Peer Project. The PRIME (Peer Recovery Initiated in Medical Environments) program is intended to link people who present to hospital emergency department with evidence based substance use treatment and community resources. Commissioner Henderson asks if this is for the biennium. Ms. Garceau confirmed that the funding will extend over 18 months. This is money that OHA received over two years ago. OHA asked the county over a year ago if they were interested in the funds and willing to go through the process. Commissioner Adair refers to Exhibit C and seeks confirmation on stated amount. Ms. Garceau states that the figure in Exhibit C is reflective of the federal funding source and aligns with the federal fiscal year. HENDERSON: Move Approval of Chair Signature of Doc. No. 2020-214. DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 9. COVID-19 Update Public Health Update DCSO Sargent Nathan Garibay updates Commissioners that emergency personal were able to receive their allotment of PPE from the Strategic National Stockpile. BOCC MEETING APRIL 6, 2020 PAGE 4 OF 14 The shipment included 13,660 N95 masks (various places), 1,566 gowns, 864 face shields, 11,297 surgical masks, 7,600 nitrile gloves, and 14,000 latex & vinyl gloves. Dr. Richard Fawcett, County Health Officer introduces himself. He reports 39 positive cases of COVID-19 to date in Deschutes County. There are 542 negative tests to date noting that these negative reports do not include all of the tests at University of Washington labs. There were 11 patients admitted to the hospital last week. The turnarounds for test results is 3-4 days which are being conducted at the University of Washington. Several patients at the hospital were on ventilators in the ICU. Health authorities are trying to conduct a count of COVID-19 patients that have recovered which should be available soon. The inventory of PPE is concerning to all health professionals. Dr. Fawcett is hopeful that case frequency and hospital emissions will start to go down in the future because of social distancing. Commissioner Adair asked how many ventilators are in the county currently. Dr. Fawcett stated that as of a few weeks ago there were as many ventilators as there are ICU rooms. Commissioner Henderson mentions that according to the OHA website, 6.7% patients tested positive out of all patients tested. Commissioners stress the importance of keeping the community safe and knowledgeable about what is happening in the county. Commissioner DeBone mentions that it is important to keep people aware and helping the public day to day. Commissioner Adair asks the status of ventilator order that was placed several weeks ago. According to Sargent Garibay, the order included 20 transport ventilators and 10 conventional ventilators. This order should arrive mid -April. Commissioner Henderson asked if grocery stores and restaurants are asking for masks to be supplied to their employees. There is not enough supplies for those places currently. Sgt. Garibay recommends homemade masks at this point in time because of the shortage in commercial masks. Sgt. Garibay adds that 492 negative COVID-19 tests have come from St. Charles throughout the tri- counties currently. These tests came from the University of Washington lab and an additional 182 were from other labs. Central Oregon Emergency Information Network News Release- Crook. Deschutes and Jefferson Counties Encourage Residents to "Cover Up" in Public. Morgan Emerson, Health Services introduces herself. She refers to a proposed draft press release about wearing masks in public and homemade face masks. She explains masking in public and how the federal guidelines have changed. Commissioner Henderson states the importance of wearing a mask. Dr. Fawcett agrees with Commissioner Henderson and that social distancing is still just as BOCC MEETING APRIL 6, 2020 PAGE 5 OF 14 important. Commissioner DeBone is supportive of this press release document. Commissioner Adair opines that masks need to be cleaned with hot water and asks that it be added to the release on page 3. Ms. Emerson adds that most of the statements throughout the document reflect recommended CDC guidelines. Commissioner DeBone supports the release as written and that it is an effort between Crook, Deschutes and Jefferson counties. Sheriff Nelson mentions the importance of wearing masks but also the importance of not being inconsistent with CDC guidelines. Commissioner Henderson addresses a statement on page 2 that he would like removed and adding language to page 1. Sgt. Garibay mentions that theJIC is trying to get information out to communities as fast as possible to keep people informed. Ms. Emerson updates the Commissioners on the social media presence of all county health outlets online. The call center related to COVID- 19 is staying very busy with calls. Nahad Sadr- Azodi, Health Services Deputy Director introduces himself. Commissioners thank him for joining the county in this time of need and appreciate his subject matter expertize. Commissioners thank Hillary Saraceno for her years of service to Deschutes County as Health Services Deputy Director. Commissioner Henderson mentions anti -body testing. Dr. Conway reports back to Commissioners about the effectiveness of this testing. It is not an early diagnostic test like current testing. He is unsure how OHA is wanting to handle these tests currently. Dr. Fawcett adds that the overall message that he would like to stress is that identified testing must be reliable and approved. Order 2020-021 Amending Order No. 2020-017 Dave Doyle, County Legal Counsel states that the proposed amended Order (2020- 021) includes express enforcement procedures applicable to the short term rental prohibitions contained in Order 2020-017. Violations can be brought as criminal citations (Class C misdemeanors), or through county code enforcement. Commissioner DeBone appreciates that the county departments are working together. Commissioner Henderson spoke with Chief Darling of Sunriver Police and asked how the county can get notice to all property owners of rental property. Tom Anderson suggests obtaining rental owner property information through TRT registry on the county website. Greg Munn, County Finance Director was able to send a notice of the initial order last week to most of the property owners. BOCC MEETING APRIL 6, 2020 PAGE 6 OF 14 Commissioner DeBone supports code enforcement and amending this order. Commissioner Adair and Henderson ask questions on the $500 fine. Community Development and the Sheriff's office would coordinate with enforcement of this Order. Commissioner Adair and Commissioner Henderson agree that $1,000 for both parties with a $2,000 maximum would be appropriate. Mr. Doyle reads revisions to section 2 as Commissioners suggested. Commissioner Henderson would like to know the costs of mailing notice of these orders to rental owners and rental agencies. Finance identified approximately 34,000 properties in the county with a residence in which the cost of sending a mail notices would be $23,000.867 of those accounts are TRT accounts which would cost about $600, 728 have email accounts attached. Mr. Anderson directs Mr. Munn to send out an email and mail to rental owners and agencies. DEBONE: Move Approval of Order 2020-021 Amending Order No. 2020- 017 effective immediately with changes on page 3 until May 15, 2020. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried Special Events/ Outdoor Mass Gathering Erik Kropp, Deputy County Administrator provides a list of events approved by the county through mid -summer. Sheriff Nelson recommends that no events in the county be held through the month of June. Dave Doyle mentions that just Outdoor Mass Gatherings are addressed in draft Order 2020-022. Howard Koff introduces himself on behalf of 4 Peaks Music Festival. He asks for guidance from Commissioners about how the county plans to move forward with events. LUNCH RECESS: The meeting went into lunch recess at 12:43 pm and will be reconvened at 1:15 pm in the Barnes Sawyer Room. BOCC MEETING APRIL 6, 2020 PAGE 7 OF 14 COVID- 19 CONTINUED CONTINUED- Order 2020-021 Amending Order No. 2020-017 Commissioner Adair recalls Order 2020-0021. Further discussion as to effective date and opportunity for notice. Commissioner Adair proposes an effective date of April 101", 2020. Commissioner DeBone supports having Order 2020-021 become effective immediately. ADAIR: Move Revision to Approval of Order 2020-021 Amending Order No. 2020-017 to provide an effective date of April 10, 2020 at 12:01 am. HENDERSON: Second VOTE: ADAIR: DEBONE: HENDERSON: Chair votes yes. No Yes. Motion Carried. Special Events/ Outdoor Mass Gathering Order 2020- 022 Order 2020- 022 is discussed for Outdoor Mass Gatherings. Commissioner Henderson suggests moving the date to before the county fair. Howard Koff introduces himself again on behalf of 4 Peaks Festival and discusses his position of Outdoor Mass Gatherings and Special Events. Commissioner Henderson suggests July 24, 2020 as the Order cutoff while Commissioner Adair and Debone prefer June 30, 2020. Commissioner Henderson suggests a Whereas clause that includes reference to public health and safety. Mr. Kropp asks if the Board would like to cancel these special events or ask for social distancing plans for their event. Mr. Doyle states revisions on page 2 and 3. And adds June 30, 2020 as the effective through date. HENDERSON: Move Approval of Order 2020-022. DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING APRIL 6, 2020 PAGE 8 OF 14 Review of Temporary Policy- Response to Novel Coronavirus/ COVID-19 Kathleen Hinman, Human Resources Director announced that the policy was given to employees after adoption last week. Commissioner Henderson asked what was required by the federal government and what was added by the county. Commissioners ask that Ms. Hinman put together a document that identifies county and federal differences. COMMISSIONER UPDATES: • Commissioner DeBone mentions that all outdoor burning will be prohibited as of this Friday according to the Fire Chiefs Association. He adds that a LCDC commission seat is open and suggests that Nick Lelack, Community Development Director be given the opportunity. Commissioner DeBone is curious as to how much money the county has expended to date for this pandemic. Greg Munn mentions that Finance is tracking the pandemic charges to the county. Commissioners ask that staff put together an operations financial report. Mr. Munn reports that his current data shows that $225,000 has been paid from county funds and 590 hours of various staff time at EOC. • Commissioner Adair urges the importance of having the county fair and livestock auction to support hundreds of local children. 10. Terrebonne Wastewater Feasibility Study: Update and Contract Authorization Chris Doty, County Road Department Director updates Commissioners on the Terrebonne Feasibility Study project (which would be an update to the 1999 Feasibility Study). The consultant working on this project would create a committee and talk to all stakeholders through the community. The fee for this project is $99,850. $20,000 of that amount will be funded through Business Oregon. Doty is now asking that approximately $80,000 be funded with county general fund dollars. Commissioner Adair asked if any funds could come from the USDA. Mr. Doty states that there was no additional funding for feasibility studies. Commissioner BOCC MEETING APRIL 6, 2020 PAGE 9 OF 14 Henderson asks how many homes this study could impact. Mr. Doty expects about 600-700 homes and would not exceed 1,000 homes. Commissioner DeBone supports this study happening now. Commissioners ask if there are other possible county funds that could support this project. Mr. Anderson mentions that funding could come from TRT and PILT funds. HENDERSON: Move Approval of County Administrator signature for Terrebonne Wastewater Feasibility Study Authorization split between PILT, TRT and general funds. DEBONE: Second Commissioners voice the efforts of working with the community and the importance of public participation in this project. VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 11. BLM Invasive and Noxious Plant Management Grant Application Jon Valley, County Vegetation Manager and Chris Doty, County Road Department Director explain the Invasive and Noxious Weed Grant Application in the amount $75,000 on BLM and county right -of ways. DEBONE: Move Approval of the BLM Invasive and Noxious Plant Grant Application. HENDERON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING APRIL 6, 2020 PAGE 10 OF 14 12. Adult Parole and Probation Office Expansion Lee Randall, County Facilities Director and Ken Hales, Community Justice Director present Adult Parole and Probation Office Expansion. There are two design options that the board has reviewed. Mr. Hales prefers option B which provides 900 sq. ft to expand into. Commissioner Henderson recognizes that the expenses are high and he does not support the plan. Commissioner Adair agrees that the overall construction cost is extremely high. Mr. Hales supports what the contractors have come up with in their financial reports. There is a possibility that with the uncertain economic situation, construction could be cheaper than projected. Mr. Randall emphasizes that there are additional costs to add to the overall square footage costs because the building is commercial. Commissioner DeBone states his support for moving forward with this plan. Mr. Hales stresses the need to hire more employees but there is no workspace for them to work. Commissioner Henderson mentions options for uses of other buildings which the county already owns. This expansion idea was placed at the Public Safety Campus to be close all other public safety buildings. Commissioner DeBone asks how long the next phase of 75% design work would take. Mr. Randall mentions that the process would take 3 or 4 months to be able to report back to the Board. Mr. Anderson appreciates the suggestions that there could be options within other county buildings or buying an existing commercial building if the board feels this project is too expensive. 13. Potential Appeal of Site Plan Review for Thornburgh Resort Golf Course, Consideration of Board Order No. 2020-016 Cynthia Smidt, Community Development Associate Planner introduces Thornburgh Resort Golf Course phase 1 and explains that an appeal of the administrative decision is anticipated. The appeal period ends on April 13. Commissioner DeBone supports having the Board hear the appeal. There is uncertainty due to previous decisions currently on appeal. County Legal recommends that this appeal go to the hearings officer and not the Board. DEBONE: Move Approval of Board Order 2020-016, allowing that the Board will hear the appeal. HENDERON: Second BOCC MEETING APRIL 6, 2020 PAGE 11 OF 14 Discussion: Commissioner Henderson asks why County Legal does not support having the Board hear the appeal. County Counsel Dave Doyle explained this triggers direct work from the Legal Counsel rather than the Hearing's Officer and recognizes there are positives and negatives but supports the Board's decision. VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 14. FY 2021 Video Lottery Fund Allocations Laura Skundrick, Administrative Services introduces Video Lottery Fund Allocations. Staff is projecting a 1/3 revenue decrease in the third quarter, 2/3 revenue decrease in the fourth quarter, and 1/3 revenue decrease in quarter 1 of 2021. She adds that $150,000 of funds were carried over from last year. Commissioner Adair and Henderson agree to a target $650,000 in State Lottery Revenue projections next year. Commissioners ask staff to report what the allocations have been, year over year for the past ten years. Whitney Hale and Laura Skundrick will check with the Finance department. Commissioners agreed to move this to a future meeting to discuss Q3 more. Mountain Star asks for $5,000 dollars under allocations Project Support. DEBONE: Move Approval of $5,000 for Mountain Star for capital from one time project support fund. HENDERON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING APRIL 6, 2020 PAGE 12 OF 14 15.2019- 20 Q4 Discretionary Grant Review Laura Skundrick, Administrative Services presents Q4 Discretionary Grant applications. There is a total of 10 discretionary grant requests along with two fundraising requests. 7 of the 10 discretionary grants are meant for COVID-19 efforts with $27,000 available. The Commissioners made funding allocations for the submitted project requests and the fundraising requests. The amount of $2,344 will remain in the fundraising fund. Mr. Anderson asks where they would like to take the additional money from for non-profit allocations. Commissioner Henderson is hesitant noting that the County might need this money for other purposes. Another $15,000 as a just in case. Commissioners agree not to put out a solicitation for these funds. OTHER ITEMS: • Whitney Hale, Communications Director would like to issue a press release for Order 2020-017 and Order 2020-021. She asks if it is okay to delay a day to formalize the enforcement aspects of the document into the release. Commissioners agree that is best. • Erik Kropp, Deputy County Administrator mentions that buildings are closed up until Friday per the current order. He asks if the board would like to extend the date. He also mentions that the Clerk's office has stopped taking passport applications. Commissioners agree to have the building(s) remain closed until May 1 stand will update as needed. DEBONE: HENDERON: VOTE: Move Approval of County Building closure until May 1, 2020. Second DEBONE: HENDERSON: ADAI R: Yes Yes Chair votes yes. Motion Carried BOCC MEETING APRIL 6, 2020 PAGE 13 OF 14 EXECUTIVE SESSION: At the time of 5:02 p.m., The Board went into Executive Session under ORS 192.660 (2) (e) Property Negotiations. The Board came out of Executive Session at 5:18 p.m. °� Being no further items to come before the Board, the meeting was adjourned at 5:20pm. DATED this i � Day of 2020 for the Deschutes County Board of Commissioners. TTI ADAIR, CHAIR ANTHONY DEBO VICE C BOCC MEETING APRIL 6, 2020 PAGE 14 OF 14 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, M0NDAY, APRIL 6, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT Citizen Input may be submitted electronically at citizeninput@deschutes.org. Messages need to be received by 9:00 a.m. on the day of the meeting. Citizen Input may be submitted on any topic that is not on the agenda. CONSENT AGENDA 1. Consideration of Board Signature to reappoint Tyler Deke to the Deschutes County Special Transportation Fund (STF) Advisory Committee 2. Consideration of Board Signature of Document No. 2020-049, Intergovernmental Agreement for Law Enforcement Services with the City of Sisters and Deschutes County - Shane Nelson, Sheriff Board of Commissioners BOCC Meeting Agenda Monday, April 6, 2020 Page 1 of 4 3. Approval of Minutes of the March 18, 2020 BOCC Meeting 4. Approval of Minutes of the March 23, 2020 BOCC Meeting 5. Approval of Minutes of the March 25, 2020 BOCC Meeting ACTION ITEMS 6. 10:05 AM Consideration of Board Signature of Document No. 2020-184, Oregon Health Authority Intergovernmental Agreement #159336 -Janice Garceau, BH Deputy Director 7. 10:12 AM Consideration of Chair Signature of Document No. 2020-185, PacificSource - Choice Model -Janice Garceau, BH Deputy Director Pulled 8. 10:20 AM Considerations of Board Signature of Document No. 2020-214, Oregon Health Authority Intergovernmental Agreement #159163-8 -Janice Garceau, BH Deputy Director 9. 10:30 AM COVID19 Update a) Public Health Update b) Followup Discussion of Order No. 2020-017 c) Pending Discussion on Special Events/Outdoor Mass Gathering d) Review of Temporary Policy - Response to Novel Coronavirus/COVID19 e) BOCC Updates/Other Items LUNCH RECESS 10. 1:00 PM Terrebonne Wastewater Feasibility Study: Update and Contract Authorization - Chris Doty, Road Department Director 11. 1:15 PM BLM Invasive and Noxious Plant Management Grant Application - Chris Doty, Road Department Director Board of Commissioners BOCC Meeting Agenda Monday, April 6, 2020 Page 2 of 4 12. 1:20 PM Adult Parole and Probation Office Expansion - Lee Randall, Facilities Director 13. 1:40 PM Potential Appeal of Site Plan Review for Thornburgh Resort Golf Course, Consideration of Board Order No. 2020-016 - Cynthia Smidt, Associate Planner 14. 1:50 PM FY2021 Video Lottery Fund Allocations - Laura Skundrick, Administrative Analyst 15. 2:50 PM 2019-20 Q4 Discretionary Grant Review - Laura Skundrick, Administrative Analyst COMMISSIONER'S UPDATES 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. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations 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 To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Board of Commissioners BOCC Meeting Agenda Monday, April 6, 2020 Page 3 of 4 Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.or /g 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 BOCC Meeting Agenda Monday, April 6, 2020 Page 4 of 4 C i N V M O O N N Q L G7 t r.i N N 0 N u p M N L O Fi N C y M t � U d y L LL a a- m c� m c 0 E 0 Q. C Q 0 r-i kD 00 •'I N' O N. LL M N 0 N LL` N N. 0 N } LL 0 O� � O 0000 Ln N rl d^ ' �t ' Ln I- ri 00 I.n O .-i k (14 Ln N e-i N r1 " N L' LL '.. rl M c-I rl Ln r-I M N N I, 0) ch O I, a) ' N O O N' O' N" LL v). vt v, qj)- 44- V). 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U L _ Q -C of H O LnS O u L �' Ln O O O 0) U > j a O O O O O f- O a1 u O N v+ v o O ++ N co l0 J Ln O 0 i >00 N C Ln 7 N N to 00 ro O .\-I O CU C O C o O .m E v a, = M a f6 = L N 2 4- L > E 0 m LU L O N C N 'O O C O 4- C O (0 C !6 Vf ++ ,v LL v O O N @ E — LL L N J i O O .o M aJ cn O X- a) > ��, 4- O °° Vf + x �, O E O O O O O O + w C ry Fo E E E.w7vcm O _ O> a a C O i -6 0 O a } 00 _U LL �O O C 0 +- N "- � C ram+ ul N _C U -O O Q ++ Oi CL In E w E o ri O M" � •f0 -� L a N = O -Q O C C + O L O N = C �Oif 3 m > CL a c O U a C C N N 'O (U a)L• O C 0 — M 4J !— a +, M U N E W S V-, t111911irtiq [fill ll� r r:< 1 RELEASE For Immediate Release Date: April 6, 2020 Contact: Muriel DeLaVergne-Brown, Crook County Public Health — PHONE Dr. George Conway, Deschutes County — PHONE Michael Brown, Jefferson County Public Health - PHONE Crook, Deschutes and Jefferson Counties Encourage Residents to "Cover Up" in Public On the heels of an announcement by The Centers for Disease Control and Prevention (CDC) urging Americans to begin using cloth face coverings in public to help slow the spread of COVID-19, Crook, Deschutes and Jefferson county health departments are advocating that all residents take heed and begin wearing a mask to cover their mouths and nose in public, starting today, April 6. The CDC now recommends wearing a cloth mask in "public settings where other social distancing measures are difficult to maintain," such as grocery stores, workplaces and interactions with others outside of your home, etc. Central Oregon's public health experts emphasize that social distancing, frequent hand washing, and avoiding others when sick remain critical public health efforts that can prevent the transmission of the COVID-19 virus. "Don't assume that wearing a mask takes the place of any of those healthy behaviors," said Muriel DeLaVergne-Brown, Crook County Public Health Administrator. "But covering up can help prevent the spread of COVID-19 by the many local residents who may be carrying the virus, but are not showing signs of illness." Jefferson County Public Health Administrator Michael Baker adds that the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community -based transmission. "The cloth face coverings recommended are not surgical masks or N-95 respirators. Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders, as recommended by current CDC guidance," said Baker. "Please reserve the N-95 for those on the frontline of this outbreak who rely on them for protection and instead make cloth face masks for use in public for your family members." Baker noted that the principle behind the cloth masks is the same regardless of design. Having a physical barrier to prevent droplets from landing on others, discouraging the wearers from touching their faces, and possibly reducing large droplets from landing on mucous membranes are the goals for wearing masks in public. Dr. George Conway, Deschutes County Health Services Director noted that at the beginning of this pandemic, the strong message to the public from the CDC and World Health Organization was not to wear masks unless you were already infected and needed to interact with others. "The assumption at the time was that people without symptoms were healthy and would not spread the disease," said Conway. "As details of this virus have emerged, we now know that some people are contagious before they have symptoms and some never feel sick at all and they spread the disease before they would ever consider masking up." Conway stressed that wearing a homemade mask is not known to be effective in protecting the wearer against infection, rather it is beneficial in helping reduce the spread of the virus among those who appear healthy, yet are carrying the virus and those with symptoms. "When we both cover our nose and mouth, I protect you and you protect me," he adds. Health officials caution that wearers be mindful when adjusting facial coverings and avoid reaching under them if they itch to touch your nose or mouth because the virus can spread by unwashed hands. Also, masks do not work well if they are soiled or damaged. Central Oregon Health Officials urge that there are a number of reasons to wear a cloth mask: • Droplets do transmit the disease, but they can be generated from talking as well as coughing. Just standing next to someone talking could spread the disease if neither party is masked. • DIY masks can possibly provide protection to the public without impacting the supply of manufactured masks currently prioritized for healthcare workers. • There is data that suggests that in countries where masking is encouraged for all citizens, the rate of disease transmission may be reduced by their actions. • Wearing a mask while sick is stigmatizing for those who wear them. Universal use wouldn't identify who was sick and who wasn't. CDC ON HOMEMADE MASKS CDC advises the use of simple cloth face coverings to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others. Cloth face coverings fashioned from household items or made at home from common materials at low cost can be used as an additional, voluntary public health measure. Cloth face coverings should not be placed on young children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance. The cloth face coverings recommended are not surgical masks or N-95 respirators. Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders, as recommended by current CDC guidance. Should cloth face coverings be washed or otherwise cleaned regularly? How regularly? Yes. They should be routinely washed depending on the frequency of use. How does one safely sterilize/clean a cloth face covering? A washing machine should suffice in properly washing a face covering. How does one safely remove a used cloth face covering? Individuals should be careful not to touch their eyes, nose, and mouth when removing their face covering and wash hands immediately after removing. DESIGN TIPS FOR HOMEMADE MASKS FROM LOCAL HEALTH OFFICIALS: • Build a mask that tightly encloses the area around the nose and mouth, from the bridge of the nose down to the chin, and extending onto the cheek beyond the corners of the mouth, so no gaps occur when talking or moving. • Use mask material that is tightly woven but breathable. Possibly double -layer the fabric. • Masks must be made from washable material such as fabric. • Choose a fabric that can handle high temperatures and bleach without shrinking or otherwise deforming. • The mask should be tolerant of expected amounts of moisture from breathing. • There is no standard design for a homemade facemask therefore, consider innovation using the design principle above. Below are example designs for consideration: Videos: • Face Mask Kit, Providence St. Joseph Health • Flow to sew a simple Fabric Face Mask, YouTube • United States Surgeon General Dr. Jerome Adams even created a video demonstrating how to make your own mask Written instructions: • How to make a facemasL Allina Health • Face Mask Directions, Joan Glass • Facemasl:: A picture tutorial ABOUT COEIN COEIN's website, www.coemergencyinfo.blogspot.com provides a collective resource for up-to-date information. Access to accurate, timely information both locally and nationally is encouraged. Our County Public Health experts point to the Oregon Health Authority and the Centers for Disease Control and Prevention as good sources of information. Daily situation updates are available via email at http://bit.Iy/COVID19UPDATES COVID-19 phone line: Monday to Friday, 8 a.m. to 6:30 p.m. 541-699-5109 Central Oregon Emergency Information Network (COEIN), includes Deschutes County Health Services, Deschutes County Sheriffs Office, St. Charles Health System, Crook County Health Department, Crook County Sheriffs Office, Jefferson County Health Department, Jefferson County Sheriffs Department, tri-county public schools, City of Bend, Bend Police, Bend Fire & Rescue, and others. COEIN's purpose is to collect, coordinate and distribute timely and accurate information. Accommodation Information for People with Disabilities To obtain this information in an alternate format such as Braille, large print, electronic formats, etc. please contact the COEIN JIC at 541.316.0087 or centraloregoninfo@gmail.com. N O O N O N A A a z z z z z z z z z a z z z z z z z z z z z a o o CY) Ln O O O O 1 O OOff'' 00 0 R N M r- 5 C 6 O O Q. m 0) v 1:4 aj cu a cn 3 a fx >, O x 1� � w CIOv as -a INN cu CSC C.7 -0 (z v CD" (A "�" - �-' x b bb � cz CCi `r' O Ln V a) = a� V) aj � ��, V a O "O ct d. ca H° O �"� a TS u W U cts '� o cz ^cz ►4 cu To ca V aA M 2 E-+ O z 0 cv 0 C' ® O N NO O� r-I o N N r C% 1 O N NO M ' N C N O N ON a N cq ��.� O N CD CN G N C a O N CD N +� to t S('i O N O N 00 F C0G2 o c 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 BOCC Monday Meeting of April 6, 2020 DATE: March 30, 2020 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: Terrebonne Wastewater Feasibility Study: Update and Contract Authorization RECOMMENDATION & ACTION REQUESTED: I move to authorize the County Administrator to enter into a contract with Parametrix Inc. for the Terrebonne Wastewater Feasibility Study. BACKGROUND AND POLICY IMPLICATIONS: At the November 18, 2019 BOCC meeting, the Board authorized issuance of a Request for Proposals for Terrebonne Wastewater Feasibility Study as well as authorization for submittal of $20, 000 technical assistance grant application to Business Oregon to help fund the study. The Road Department issued a RFP, obtained three proposals, and ranked Parametrix Inc. as the first place consultant. A scope of work was subsequently negotiated (attached) in the amount of $99,850. Additionally, the County was also informed it was successful in the $20,000 grant application from Business Oregon. As identified in the consultant scope of work, the Feasibility Study will evaluate the existing conditions of septic systems in the area, develop alternatives for a municipal system (including cluster systems), develop capital and operational cost estimates, evaluate governance options, and prepare a draft Preliminary Engineering Report (required by DEQ). The consultant will work with community stakeholders and prepare information to share with a Wastewater Advisory Committee. The Wastewater Advisory Committee (proposed 5-7 local residents and business owners) will be used to evaluate the Feasibility Study process and provide recommendations for next steps (ie, consideration of a Sanitary District, etc.) at the conclusion of the Feasibility Study. FISCAL IMPLICATIONS: The Business Oregon Grant will fund $20,000 of the $99,850 study, leaving approximately $80,000 to be funded by the County. The Board had previously indicated support for a General Fund contribution to complete the Feasibility Study. ATTENDANCE: Chris Doty, Road Department ssssssss��� s"�ssssss.e ' I�1n1I'� I I IIIIIIII�INI MINIIIIIIIIIIIIIIIIIIIII I 101111111111111111111111111� IMIIIIIIIIIIIIIIIIIIIIIIII nmtnli' 11 Ill:i II�IY�9 11�119 HE IN 111111111811 MEMM all 101 Y'-'w."z�x rf'h� •7 '��✓e is of ��,���a�`'����� "�F�� �� 1r5� `� �-� "''���'`c3��z�?��i ,,�`�'��w`�E.. £�a„',�y���� ��,.<�'�'�i V� . SCOPE Terrebonne Wastewater System Feasibility Study March 25, 2020 Chris Doty Deschutes County 1300 NW Wall St., Suite 206 Bend, Oregon 97703 Re: Terrebonne Wastewater System Feasibility Study Chris, Thank you for selecting Parametrix to prepare a Wastewater System Feasibility Study for the community of Terrebonne. We look forward to working with you on this project. While preparing this document, the design team will explore a variety of treatment alternatives, including a facultative lagoon, membrane bioreactors, and regional cluster systems. As requested, we have revised the scope to include stakeholder meetings and interim deliverables, while also scaling back to just two report iterations - draft and final. Below is an overview of the professional services and deliverables that we will provide for the project. SCOPE OF WORK 1. Project Management 1.1. Project Setup, accounting, and monthly progress letters (12 month duration assumed) 1.2. Monthly Check -In Meetings with County, including call notes (12 meetings assumed, 1 hour each) 2. Preliminary Sewer Design 2.1. Gather and analyze septic system data provided by DEQ and Deschutes County Sanitarian to identify overall trends. Quantify the general functionality of the existing systems in terms of average system age, lifecycles, and commercial/residential occupancy. Examine 2-3 specific examples of failing septic systems along with typical repair options and estimated costs. Inform the Terrebonne community of the potential need for a community solution and the timing of the solution. Document findings in Problem Statement Memo, addressing report sections A-C (see below). Deschutes County February 2020 Terrebonne Sewer System PER SCOPE OF WORK & FEE ESTIMATE (continued) 2.2. Prepare high-level Wastewater Treatment Alternatives, including a facultative lagoon, membrane bioreactor(s), and regional cluster systems. Review the existing Sewer Feasibility Study performed by HGE in 1999 for the Terrebonne Water District to determine which sewer alternatives are viable for reconsideration by this new feasibility study. 2.3. Estimate Construction & Maintenance Costs for each sewer system alternative (Class IV -30% to +SO%). 2.4. Compare various sewer alternatives with alternatives analysis to select preferred alternative. Document findings in Alternatives Analysis Memo addressing report sections D-E (see below). Deliverables: Problem Statement Memo addressing report sections A-C, see below). • Alternatives Analysis Memo addressing report sections D-E (see below). 3. Communications 3.1. Prepare Study Fact Sheet and Overview Map to share with key project stakeholders. 3.2. Conduct Stakeholder interviews and group meetings (up to 3) to gather information and solicit feedback. 3.3. Attend Coordination Meetings with public agencies, including Deschutes County, Oregon DELI, CWSRF, USDA-RD, IFA-W/W, and RCAC. (12 meetings assumed, 2 hour duration) 3.4. Meet with private utility companies to gauge interest in owning and operating a future sewer system in Terrebonne, including NW Natural Gas & Water and Oregon Water Utilities. (3 meetings assumed) 3.5. Work with County legal counsel to develop governance options for management of future sewer system. Deliverables: • Study Fact Sheet and Overview Map • Stakeholder Feedback Summary Memo • System Governance Recommendations Memo Deschutes County 2 February 2020 SCOPE OF WORK & FEE ESTIMATE (continued) 4. Finance 4.1. Calculate system revenues and expenses for preferred sewer system alternative. 4.2. Prepare rate calculations for capital construction debt repayment. Deliverables: • System Funding Memo, addressing financial topics in report section F (see below) 5. Preliminary Engineering Report 5.1. Preliminary engineering of Proposed Project per report section F (see below) 5.2. Prepare and submit draft PER for agency and stakeholder review. 5.3. Incorporate agency and stakeholder feedback into final PER for agency approval. Deliverables: • Draft Preliminary Engineering Report • Final Preliminary Engineering Report The Preliminary Engineering Report will follow the outline below, per the Wastewater Facility Planning Guide: A. Project planning • Location Environmental Resources Present • Population Trends • Community Engagement B. Existing facilities • Location Map • History • Condition of Existing Facilities • Financial Status of any Existing Facilities • Water/Energy/Waste Audits C. Need for project • Health, Sanitation, Environmental Regulations and Security • Aging Infrastructure Deschutes County 3 February 2020 SCOPE OF WORK & FEE ESTIMATE (continued) . Reasonable Growth D. Alternatives considered • Description • Design Criteria Map Environmental Impacts • Land Requirements Potential Construction Problems Sustainability Considerations Water and Energy Efficiency Green Infrastructure Other Cost Estimates E. Selection of an alternative • Life Cycle Cost Analysis/Cost and Effectiveness Certification • Non -Monetary Factors F. Proposed project (recommended alternative) • Preliminary Project Design Project Schedule Permit Requirements Sustainability Considerations Water and Energy Efficiency Green Infrastructure Other Total Project Cost Estimate (Engineer's Opinion of Probable Cost) Annual Operating Budget • Income • Annual Operations and Maintenance Costs Debt Repayments Reserves G. Conclusions and recommendations Deschutes County 4 February 2020 SCOPE OF WORK & FEE ESTIMATE (continued) SCHEDULE May 2020 Study Fact Sheet June 2020 Meeting #1— Identify Problem July 2020 Problem Statement Memo September 2020 Meeting #2 — Compare Solutions October 2020 Alternatives Analysis Memo November 2020 Stakeholder Feedback Memo, System Governance Memo December 2020 System Funding Memo January 2021 Draft Preliminary Engineering Report for agency and stakeholder review February 2021 Meeting #3 — Study Findings & Recommendations March 2021 Final Preliminary Engineering Report F[=:1w ESTIMATE Parametrix can complete the above described scope of work on a time and materials basis, within the $100,000 project budget limit. The actual project costs will depend largely on the extent of agency reviews and public involvement. Please feel free to contact me with any questions or comments to be sure this proposal fits your needs. Specific Exclusions: • Formation of Terrebonne Sewer Advisory Committee (TWAC). • Geotechnical investigations, such as borings, test pits, infiltration testing, etc. Parametrix will soils data from public sources such as the USDA-NRCS Web Soil Survey and Deschutes County. • Specialized demographic and economic studies. Parametrix will utilize publicly available data. • Environmental studies and biological surveys. • Topographic land surveys and boundary surveys. Parametrix will utilize publicly available property and elevation data for preliminary engineering. • Property appraisals. Parametrix will utilize public data to estimate property acquisition costs for potential wastewater treatment site(s). Sincerely, Parametrix Ryan Rudnick, PE Civil Engineer Jim Frost, PE Senior Project Manager Deschutes County February 2020 �vT ES C OGZ o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of April 6, 2020 DATE: March 16, 2020 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: BLM Invasive and Noxious Plant Management Grant Application RECOMMENDATION & ACTION REQUESTED: Approval of application BACKGROUND AND POLICY IMPLICATIONS: The Road Department's Vegetation Management Program utilizes specialty equipment and maintains a level of training, certification, and expertise to treat vegetation and noxious weeds in Deschutes County. The Department has historically provided the BLM vegetation management services, in addition to the USFS, ODOT, and other state and local government partners. In previous years, the BLM supplied funding through their internal budget, however recent changes have resulted in the need for partner organizations to apply for grant funding in lieu of use of internally budgeted programmatic BLM funds. In an effort to continue to supply management efforts to the BLM, as well as Deschutes County road rights -of -way through BLM land, the BLM has requested the County apply for a 3.5-year, $70, 000 grant through their Invasive and Noxious Plant Management Program. The grant funding will be utilized to reimburse Deschutes County for expenses for treatments in various areas as directed by the BLM, including County Road rights -of -way through BLM properties. The proposed funding will cover expenses of the Vegetation Management crew for approximately 10 days per year for the 3.5 year period. FISCAL IMPLICATIONS: BLM revenue is budgeted annually as a part of Vegetation Management Program within the Road Department's (Operations Division) budget. There is no in -kind or local match requirement. Grant revenue will offset expense. ATTENDANCE: Chris Doty, Road Department Director and Jon Valley, Vegetation Management Supervisor. Department of the Interior — Bureau of Land Management Oregon/Washington Invasive and Noxious Plant Management Notice of Funding Opportunity Number (NOFO): L20AS00025 Federal Program: 15.230 Invasive and Noxious Plant Management Authorizing Legislation: Federal Land Policy and Management Act of 1976 (FLPMA), 43 USC 1737(b) Plant Protection Act of 2000, 7 USC, Chapter 61 Noxious Weeds 2814. (Awards under the Plant Protection Act of 2000, 7 USC, Chapter 61 Noxious Weeds § 2814 limited to State agencies. The term "State agency" means a State department of agriculture, or other State agency or political subdivision thereof, responsible for the administration or implementation of undesirable plants laws of a State.1 Good Neighbor Authority. 16 USC �2113a (b) (1) (A). C (Awards under the Good Neighbor Authority are limited to Governor or County. The term "Governor" means the Governor or any other appropriate executive official of an affected State or Indian tribe.) I. PROGRAM DESCRIPTION One of the BLM's highest priorities is to promote ecosystem health and one of the greatest obstacles to achieving this goal is the rapid expansion of weeds across public lands. These invasive plants can dominate and often cause permanent damage to natural plant communities. If not eradicated or controlled, noxious weeds will continue to jeopardize the health of public lands and to constrain the myriad activities that occur on them. BLM Invasive and Noxious Plant Management Programs work to prevent, detect, inventory, control and monitor weed populations on public lands. • Invasive species cost the public millions of dollars in control and management each year and many invasive plants and noxious weeds are highly competitive and have the ability to permanently degrade our public lands. • Noxious weeds and invasive species expansion are recognized as the single greatest threat to our native plant communities and the values they provide us. • These native plant communities are essential for supporting wildlife habitat, watershed function, recreation opportunities, rural economies and working landscapes. • Invasive plants and noxious weeds affect plant and animal communities on farms and ranches, and in parks, waters, forests, natural areas, and backyards in negative ways. • Human activity such as trade, travel, and tourism have all increased substantially, escalating the speed and volume of species movement to unprecedented levels. • Increased site vulnerability from wildfires that are more frequent and other disturbances is an ongoing challenge to maintaining the integrity of our native plant communities. • Noxious weeds are particularly aggressive plants legally designated by States as being injurious to public health, the environment or the economy. Rev November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 2 of 34 • Invasive species and noxious weeds adversely affect overall recreational opportunities on public land i.e., hunting, fishing, camping, hiking, watershed health and ecosystem function which result in economic losses in rural and urban communities. • Affect adjacent private lands, both rural and urban, causing widespread economic losses to the agricultural industry as well as to other resources. BLM has an opportunity to work with partner organizations to collaboratively manage and coordinate treatments, inventories, monitoring, education and outreach, and prevention activities to control new infestations and treatment to remove existing infestations of noxious weeds and invasive species in order to gain efficiencies across multiple jurisdictions. Individual projects support Secretarial Order 3347 Conservation Stewardship and Outdoor Recreation, through improving habitat and habitat improvement, and Secretarial Order 3372 Reducing Wildfire Risks on Department of the Interior Land through Active Management through reduction of fuel loads. Program Strategic Goals: A successful noxious weed control program is essential to maintaining the health of our native landscapes and consists of the following goals: • Inventorying and documenting locations of noxious weeds and other invasive species. • Using an Integrated Pest Management Plan (IPM) approach to determine the most effective method of weed control (herbicides, grazing, mechanical removal etc.). • Selecting the most effective and targeted herbicide for treatment. • Stabilization and rehabilitation of disturbed areas. • Implementation and monitoring of weed control and site rehabilitation measures. • Conducting post treatment monitoring to determine effectiveness. • Prioritization and treatment of target undesirable plant species or groups of species to be controlled or contained within a specific geographic area. • Monitoring and evaluation of treatments, site rehabilitation, outreach activities and integrated weed management strategies to determine rate of success and to inform fixture efforts. • Development and dissemination of public education and outreach activities and materials. • Promoting public engagement and learning opportunities, through resources education and outreach programs, events, and products. • Adaptive management for controlling new weed species and use of new and approved treatments. All proposed projects submitted under this funding opportunity must state a benefit to the public. The following program legislation authority, BLM Manuals, etc. are applicable to this program: 1. National Environmental Policy Act (NEPA) — BLM Handbook 1790-1 2. Integrated Weed Management Manual IWM-9015 3. Integrated Vegetative Management Handbook HB-1740-2 4. Watershed Restoration and Enhancement Agreements, 16 USC § 1011 5. John D. Dingell Jr Conservation Management and Recreation Act Title VII (Public Law 116-9) II. FEDERAL AWARD INFORMATION Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 3 of 34 The Oregon/Washington (OR/WA) Bureau of Land Management anticipates making multiple awards under this NOFO. The type of award instruments will be cooperative agreements in accordance with the legislative authority stated at the beginning of this NOFO. The recipient should expect Bureau of Land Management (BLM) to have substantial involvement in the project. Substantial involvement may include, but not be limited to, such things as: • Joint collaboration between the BLM and recipient in carrying out management, development, implementation, and evaluation of the proposed work. • Training of recipient personnel. • Review and approval by the BLM of one stage of work prior to the start of the next stage. • Review and approval by the BLM of modifications or sub -awards prior to their award. • Participation in selecting recipient project staff. • Directing or redirecting of recipient work by the BLM because of relationships to other projects. • Ability to immediately halt work because of failure to meet agreement objectives; and • Close monitoring and/or operational involvement in the proposed work. A. Anticipated Federal Program Funding Based on prior year data, BLM OR/WA anticipates up to $175,000.00 in funding for FY 2020. Applications will be reviewed and evaluated as they are received and may be submitted at any time up until the closing date of this NOFO. Individual award amounts will depend on the merit review process of application packages and proposed budgets. Funding for this program is not guaranteed and is subject to the availability of funds. BLM is not obligated to make any Federal award as a result of this NOFO. B. Estimated Number of Agreement to be Awarded Based on prior year data (see USASpending, https://www.usaspending.gov), BLM anticipates up to 10 agreements for FY 2020. The actual number of awards will depend on the number of meritorious applications and the availability of appropriated funds. Awards will be based out of district or field offices where the project occur. C. Estimated Amount of Funding Available Per Award The award size will depend on the number of meritorious applications and the availability of appropriated funds. Based on prior year data (see USASpending https://www.usaspending_gov), BLM anticipates the average dollar amount of awards made under this NOFO to be between $15,000.00 and $250,000.00 NOTE: It's recommended, prior to submitting an application, to contact the program expert at the BLM office in the district or field office where the work will take place to discuss the type of project(s) that are available or of interest to determine, if it meets the criteria under this funding opportunity notice. Refer to Section VIII for Federal contacts. However, BLM is encouraging other proposal submissions in support of the objectives and outcomes of this funding opportunity in the case additional funding becomes available. District/field office project point of contacts are identified below for FY2020. Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management Grace Haskins, Lakeview District Point of Contact Telephone: (541) 947-6156 Email: ghaskins(a,blm.gov Claire Hibler, Northwest Oregon District Point of Contact Telephone: (503) 375-5677 Email: chibler@blm.gov Susan Fritts, Vale District Program Officer Telephone: (541) 473-6213 Email: sfritts@blm.gov Lynne Silva, Vale District Technical Point of Contact Telephone: (541) 473-6213 Email: lsilva@blm.gov No.: L20AS00025 Page 4 of 34 D. Anticipated Start Date: Projects funded through this NOFO will start once funding is secured and awards issued. Agreements are not effective until fully executed with signature from the BLM Grants Management Officer (GMO). E. Anticipated Term of the Agreement (period of performance): Agreement terms for funded projects are estimated to range between one and five years and are determined based on the period of performance as stated on the project proposal. Projects cannot be funded for more than a five-year period. The BLM will consider continued support of the project(s) in subsequent fiscal years based upon; (a) the recipient showing progress, satisfactory to the BLM, toward program goals and the determination, by the BLM, that continuation of the program would be in the best interests of the Government, (b) project is still in line with management's top priorities, (c) compliance with the terms and conditions of the award and/or (d) the availability of funds appropriated by Congress. F. Additional Funding Information Funding for projects is not guaranteed and is subject to the availability of funds. Evaluation of proposals is based on the criterion in this NOFO. In appropriate circumstances, BLM reserves the right to partially fund proposals in discrete portions or phases of proposed projects. If BLM chooses to partially fund a proposal, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal or portion thereof, was evaluated and selected for award; and therefore maintains the integrity of the competition and selection process. Funded proposals through this competitive NOFO is not a guarantee of future funding. When or if additional funding becomes available, BLM reserves the right to issue additional awards under this NOFO through the next fiscal year. These awards will not require further competition. Any additional selections will be made in accordance with the terms of this NOFO and BLM policy. Only Grants Management Officers can bind the Federal Government to the expenditure of funds. III. ELIGIBILITY INFORMATION A. Eligibility Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 5 of 34 1. Eligible Applicants: The following types of entities are eligible to apply for award under this NOFO. Failure to meet eligibility requirements will result in precluding the BLM from making an award. • State, local government, Native American tribal organizations • Institution of Higher Education (IHE) • Independent School District • Private Institution of Higher Education • Nonprofit Organizations with 501C3 IRS Status* (Other than IHE) — must submit proof • Nonprofit Organizations without 501C3 IRS Status* (Other than IHE) 2. Ineligible Applicants: The following types of entities are ineligible to apply for award under this NOFO: • Individuals • For -Profit Organizations *This program NOFO does not support entities hiring interns or crews. The Public Lands Corps Act of 1993, 16 USC, Chapter 37, Subchapter II -Public Lands Corps, is the only legislative authority that allows BLM to "hire" interns. Therefore, eligible Youth Conservation Corps may only apply for projects developed under NOFO 15.243 — BLM Youth Conservation Opportunities on Public Lands. B. Cost Sharing or Matching Cost sharing or matching is not required for this program; however, a voluntary cost share is strongly encouraged. CESU partners are encouraged to show the difference between their formal Negotiated Indirect Cost Rate and the 17.5% rate agreed upon as a CESU partner as a voluntary cost share. Applicants may attribute some or all of their allowable indirect costs as voluntary committed cost- share/match. C. Other Eligibility Restrictions: Unique Entity Identifier and System for Award Management (SAM.gov) Registration: All applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and then register in SAM.gov prior to submitting a Federal award application. Federal award recipients must continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s). See the "Submission Requirements" section of this document below for more information on SAM.gov registration. The BLM may not make a Federal award to an applicant that has not completed SAM.gov registration. If an applicant selected for funding has not completed SAM.gov registration by the time the BLM is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant. This requirement does not apply to individuals applyingfor funds as a private citizen (i.e., unrelated to any business or Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 6 of 34 nonprofit organization you may own or operate in your name) or any entity with an exception approved by the BLM under 2 CFR 25.110(d). D. Excluded Parties: The BLM conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award. The BLM cannot award funds to entities or their key project personnel identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted or otherwise excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, as their ineligibility condition applies to this Federal program. IV. APPLICATION REQUIREMENTS NOTE: Prior to submitting an application, to contact the program expert at the BLM office in the district or field office where the work will take place to discuss your proposed project(s) to determine, if it meets the BLM priorities and criteria under this NOFO A. Requesting Paper Application Package This NOFO includes all information, documents, and electronic addresses needed to submit an application through www.Grants.gov. Paper copies may be requested by contacting the individual(s) named at the end of this notice. B. Application Form and Content Requirements DO NOT MERGE INDIVIDUAL DOCUMENTS INTO A SINGLE PDF FILE 1. SF-424, Application for Federal Assistance Applicants must submit the appropriate Standard Form-424, Application for Federal Assistance. All of the required application forms are available on the "Packages" tab of this Funding Opportunity on Grants.gov. The SF-424, Application for Federal Assistance, must be complete, and signed and dated. Please note: Enter only the amount requested from this Federal program in the "Federal" funding box on the SF-424 Application form. Include any other Federal sources of funding in the "Other" box, and provide details on those Federal source(s) and funding amount(s) in the required Budget Narrative (see the "Budget Narrative" section below). 2. SF 424(B & D), Assurances NOTE: In accordance with Office of Management and Budget Memo, M-18-24, dated September 5, 2018, these forms are optional through January 1, 2020. At that time your assurances statements will be maintained in your SAM registrations. 3. Project Proposal (Suggested format, Attachment A Project Proposal template may be used when submitting your proposal.) The project proposal must be no longer than 15 pages, with a typeface no smaller than 11-point, and have at least one (1) inch margins on all sides. The 15-page limit includes all text, figures, references, and vitae, but does not include the Budget Detail (Attachment B). Application narrative requirements may include: Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management • Project title • Statement of need • Goals and objectives • Public and program interest of the BLM • Activities • Methods • Timetable or milestones No.: L20AS00025 Page 7 of 34 • Information to support environmental compliance review requirements. (NOTE: Projects under wildlife management, the native plant program, threatened and endangered species habitat conservation - the narrative should provide enough detail so that reviewers are able to determine project compliance with Section 7 of the Endangered Species Act of 1973) • Description of stakeholder coordination or involvement • Required project monitoring and evaluation plan, including how you will measure project performance and assessment tools to be used • Information on key project personnel • Anticipated future funding needs • Details and supporting documentation on the project location • Other program or project -specific narrative requirements All proposals are confidential. 4. SF-424(A or C), Budget Information Applicants must submit the appropriate SF-424 Budget Information form. Complete either the SF-424A, Budget Information for Non -Construction Programs or the SF-424C, Budget Information for Construction Programs, as applicable to your project. BLM does not normally fund construction projects, so contact the BLM program expert prior to submitting your project. All of the required application forms are available on the "Packages" tab of this Funding Opportunity on Grants.gov. Please note: Show funds requested from this Federal program separately from any other Federal sources of funding. In the "Budget Summary" section, use the first row for funding requested from this Federal program. Use subsequent row(s) for other Federal funding. Enter each Federal program's CFDA number(s) in the corresponding fields on the form. The CFDA number(s) for this Federal program appears on the first page of this Funding Opportunity. 5. Budget Detail and Narrative (Attachment B- Suggested Format) Describe and justify requested budget items and costs. Detail how the SF-424 Budget Information, Object Class Category totals were determined. For personnel salary costs, include the baseline salary figures and the estimates of time. Describe any item of cost that requires prior approval under the Federal cost principles. See 2 CFR 200.407 "Prior written approval (prior approval)" for more information. If equipment purchased previously with Federal funds is available for the project, provide a list of that equipment and identify the Federal funding source. Include detailed descriptions of all cost justifications (see BLM's suggested format Attachment B for more detail). Additionally, provide any cost sharing and matching funds in the same level of detail as the federal funds. The budget narrative submitted with the application must match the dollar amounts on all required forms. Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 8 of 34 Budget items must be reasonable, allowable, allocable, and necessary to the supported activity. Refer to 2 CFR §200, for applicable administrative requirements and cost principles. If your proposal period of performance is for multi -year or multiple year funding, you must provide a budget and budget justification for the full amount of the project. Show each year in a separate column on the SF-424A and use a separate column for listing any matching funds. Applicants must ensure that no Federal or non -Federal grant funds will be expended for in -kind goods or services, for purposes of providing transportation, travel, and other expenses for any Federal employee. NOTE: Budget Detail and Narrative form (Attachment B) is a suggested format to present the breakdown of your estimated costs, by category, needed to accomplish project activities. If you elect to use a different format, all information requested on Attachment B must be included. Estimated costs must be documented in sufficient detail to determine reasonableness. Include a description of any cost share (cash, in -kind, etc.) listed. Additionally, for multi -year budgets, please describe in your budget detail justification any items to be purchased or expended that may be specific to a particular year of the proposed project. Lump sum costs are not acceptable in any category, without a detailed breakdown of how the cost were derived. Profit or fees are not allowable. 6. Indirect Costs: Organizations The Federal awarding agency that provides the largest amount of direct funding to your organization is your cognizant agency for indirect costs, unless otherwise assigned by the White House Office of Management and Budget (OMB). If the Department of the Interior is your organization's cognizant agency, the Interior Business Center will negotiate your indirect cost rate. Contact the Interior Business Center by phone 916-930-3803 or using the IBC Email Submission Form. See the IBC Website for more information. Organizations must have an active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award. Recipients must have prior written approval from the BLM to use amounts budgeted for direct costs to satisfy cost -share or match requirements or to cover unallowable indirect costs. Recipients shall not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation. Required Indirect Cost Statement and Documentation: All applicants must include in their budget justification narrative one of the following indirect cost rate statements and attach to their application any required documentation identified in the applicable statement: We are: a. A U.S. state or local government entity receiving more than $35 million in direct Federal funding with an indirect cost rate of [insert rate]. We submit our indirect cost rate Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 9 of 34 proposals to our cognizant agency. Attached is a copy of our most recently approved rate agreement/certification. b. A U.S. state or local government entity receiving less than $35 million in direct Federal funding with an indirect cost rate of [insert rate]. We have prepared and will retain for audit an indirect cost rate proposal and related documentation c. A [insert your organization type] that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. [Insert either: "Attached is a copy of our most recently approved but expired rate agreement. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made." or "Attached is a copy of our current negotiated indirect cost rate agreement."] d. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency. Our indirect cost rate is [insert rate]. If we receive an award, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award date. e. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is lower than 10%. Our indirect cost rate is [insert rate; must be lower than 10%]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat indirect cost rate of [insert rate; must be lower than 10%] against [insert a clear description of the direct cost base against which your rate is charged (e.g., salaries; salaries and fringe benefits; or modified total direct costs). However, please note that your organization cannot charge indirect costs in excess of the indirect costs that would be recovered if applied against modified total direct costs as defined in 2 CFR 200.681. We understand that we must notify the BLM in writing if we establish an approved rate with our cognizant agency at any point during the award period. f. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is 10% or higher. Our indirect cost rate is [insert your organization's indirect rate; must be 10% or higher]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat de minimis indirect cost rate of 10% to be charged against modified total direct project costs as defined in 2 CFR 200.68. We understand that we must notify the BLM in writing if we establish a negotiated rate with our cognizant agency at any point during the award period. We understand that additional Federal funds' may not be available to support an unexpected increase in indirect costs during the project period and that such changes are subject to review, negotiation, and prior approval by the BLM. g. A [insert your organization type] that is submitting this proposal for consideration under the [insert either "Wildland Fire Research and Studies" or "Cooperative Ecosystem Studies Unit Network"], which has a Department of the Interior -approved indirect cost rate cap of [insert program rate]. If we have an approved indirect cost rate with our cognizant agency, we understand that we must apply this reduced rate against the same direct cost base as identified in our approved indirect cost rate agreement. If we do not have an approved indirect cost rate with our cognizant agency, we understand that we must charge indirect costs against the modified total direct cost base defined in 2 CFR Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 10 of 34 200.68 "Modified Total Direct Cost (MTDC)". We understand that we must request prior approval from the BLM to use the 2 CFR 200 MTDC base instead of the base identified in our approved indirect cost rate agreement. We understand that BLM approval of such a request will be based on: 1) a determination that our approved base is only a subset of the MTDC (such as salaries and wages); and 2) that use of the MTDC base will still result in a reduction of the total indirect costs to be charged to the award. In accordance with 2 CFR 200.405, we understand that indirect costs not recovered due to a voluntary reduction to our federally negotiated rate are not allowable for recovery via any other means. h. A [insert your organization type] that will charge all costs directly. 7. Single Audit Reporting Statement All U.S. states, local governments, federally recognized Indian tribal governments, and non- profit organizations expending $750,000 USD or more in Federal award funds in the applicant's fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse's Internet Data Entry System. U.S. state, local government, federally recognized Indian tribal government, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the EIN associated with that report and state if it is available through the Federal Audit Clearinghouse website. 8. Certification Regarding Lobbying Applicants requesting more than $100,000 in Federal funding must certify to the statements in 43 CFR Part 18 Appendix A -Certification Regarding Lobbying. If this application requests more than $100,000 in Federal funds, the Authorized Official's signature on the appropriate SF-424, Application for Federal Assistance form also represents the entity's certification of the statements in 43 CFR Part 18, Appendix A. 9. Disclosure of Lobbying Activities Applicants and recipients must not use any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress connection with the award. Applicants and recipients must complete and submit the SF-LLL, Disclosure of Lobbying Activities if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non -appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available on the "Packages" tab of this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 for more information on when additional submission of this form is required. 10. Overlap or Duplication of Effort Statement Applicants must provide a statement indicating if there is any overlap between this Federal application and any other Federal application, or funded project, in regards to activities, costs, or time commitment of key personnel. If no such overlap or duplication exists, state, "There are no overlaps or duplication between this application and any of our other Federal applications or Version November 2019 OregonAVashington Notice of Funding Opportunity No.: L20AS00025 Invasive and Nocuous Plant Management Page 11 of 34 funded projects, including in regards to activities, costs, or time commitment of key personnel". If any such overlap exists, provide a complete description of overlaps or duplications between this proposal and any other federally funded project or application in regards to activities, costs, and time commitment of key personnel, as applicable. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted, to whom (entity name and program), and when you anticipate being notified of their funding decision. When overlap exists, your statement must end with "We understand that if at any time we receive funding from another source that is duplicative of the funding we are requesting from the Bureau of Land Management in this application, we will immediately notify the Bureau of Land Management point of contact identified in this Funding Opportunity in writing." 11. Applicants must submit the following forms: Form Name and Number ✓ SF-424 Application for Federal Assistance SF-424A Budget Information - Non -Construction Programs SF-LLL, Disclosure of Lobbying Activities (when applicable) Project Proposal (Attachment A to this document) Budget Detail (Attachment B to this document) Indirect Cost Statement and related Federal Agency -approved Negotiated Indirect Cost Rate Agreement (NICRA) (when applicable) Overlap or Duplication of Effort Statement Conflict of Interest Disclosure (when applicable) Single Audit Reporting Statement (when applicable) NOTE. Failure to provide complete information may cause delays, postponement, or rejection of the application. V. SUBMISSION REQUIREMENTS A. Unique Entity Identifier and System for Award Management (SAM.gov) Registration These requirements do not apply to any individual applying for funds as a private citizen or any entity with an exception approved by the Federal awarding agency under 2 CFR 25.110(d). All other applicants are required to obtain a Data Universal Numbering System (DUNS) number from Dun & Bradstreet and provide that number in the application; complete SAM.gov registration before submitting an application; and continue to maintain an active SAM.gov registration with current information at all times when the entity has an active Federal award or application under consideration. There is NO COST to register with Dun & Bradstreet or SAM.gov. There are Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 12 of 34 third -party vendors who will charge a fee in exchange for registering entities with Dun & Bradstreet and SAM.gov; please be aware you can register and request help for free. 1. Obtain a DUNS Number Request a DUNS Number through the Dun & Bradstreet website. The official website address is http://fedgov.dnb.com/webform. For technical difficulties, send an email to the D&B SAM Help Desk. Please ensure that you are able to receive emails from SAMHelp@dnb.com. The Grants.gov "Obtain a DUNS Number" webpage also provides detailed instructions. Once assigned a DUNS number, your organization must maintain up-to-date information with Dun & Bradstreet. Applicants must enter their DUNS number in the "Organizational DUNS" field on the SF-424, Application for Federal Assistance form. 2. Register with SAM Register on the SAM.gov website. The official website address is http://www.sam.gov. The "Help" tab on the website contains User Guides and other information to assist you with registration. The Grants.gov Register with SAM" webpage also provides detailed instructions. You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM, entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been to the entity's DUNS or IRS information. Foreign entities who want to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in SAM. B. Submission Dates and Times BLM requires applicants to submit their applications online through Grants.gov. Grants.gov automatically generates an electronic date and time stamp in the system upon application receipt. Grants.gov sends an acknowledgement of receipt with the date and time stamp and a unique Grants.gov application tracking number to the authorized representative by email. This email from Grants.gov serves as your proof of timely submission. Open from December 10, 2019 — July 10, 2020, 12:00 PM EST Round One — Applications Due: February 10, 2020, 12:00 PM EST Round Two — Applications Due: March 10, 2020, 12:00 PM EST Round Three — Applications Due: April 10, 2020, 12:00 PM EST Round Four — Applications Due: May 10, 2020, 12:00 PM EST Round Five — Applications Due: June 10, 2020, 12:00 PM EST Final Round — Applications Due: July 10, 2020, 12:00 PM EST Applications must be submitted in English. Late applications will not be accepted or reviewed. Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 13 of 34 C. Intergovernmental Review Prior to application submission, U.S. state and local government applicants should visit the OMB Office of Federal Financial Management website and view the "State Point of Contact (SPOC) List" to determine whether their application is subject to the state intergovernmental review process under Executive Order (E.O.) 12372 "Intergovernmental Review of Federal Programs." States not on the list do not participate in the intergovernmental review process, and therefore do not have a SPOC. If you are located within a State that does not have a SPOC, you may send application materials directly to a Federal awarding agency. If your state is on the list, contact the designated entity for more information on the state's prior review requirements for Federal assistance applications. D. Funding Restrictions Good Neighbor Authority - 16 USC §2113a (b) (1) (A). C Construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas are not allowed under this program. John D. Dingell Jr Conservation Management and Recreation Act Title VII (Public Law 116-9) Must not be less than 75 percent for on -the -ground control and management of invasive species and not more than 15 percent for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs. E. Submission Instructions 1. Register with Grants.gov Applicants must first register an account with Grants.gov and complete all steps of the registration process before they can apply through Grants.gov. Grants.gov registration requires the entity to create an account, create an account profile, and establish authorized profile roles, including the applicant's authorized representative. Registration can take three to five business days or longer, if you do not complete the required steps in a timely manner. 2. Grants.gov Workspace Application Grants.gov applicants apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different web forms within an application. For each NOFO, you can create individual instances of a workspace. To apply, the applicant will create complete and submit a Workspace application package for this Funding Opportunity directly on Grants.gov. Grants.gov recommends submitting your application package at least 24-48 hours prior to the close date to allow time to correct any potential technical issues that may disrupt the application submission. When attaching files to the Grants.gov application, please do not assign file names longer than 20 characters, including spaces. File names longer than 20 characters will prevent your application received by Grants.gov from automatically downloading into the BLM's financial assistance management system. Applicants using slow internet, such as dial -up connections, should be aware that the transmission of the application to Grants.gov takes time. Grants.gov sends either an error message or a "successfully received" message by email to the applicant's authorized representative once the transmission is complete. Please do not end the transmission process before receiving that message. Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management VI. APPLICATION REVIEW INFORMATION No.: L20AS00025 Page 14 of 34 Prior to award, the BLM will review any applicant statement regarding potential overlap or duplication between the project to be funded and any other funded or proposed project in terms of activities, funding, or time commitment of key personnel. Depending on the circumstances, the BLM may request modification to the application, other pending applications, or an active award, as needed to eliminate any duplication of effort, or the BLM may choose not to fund the selected project. A. SAM.gov Registration The BLM may not make a Federal award to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their SAM.gov registration by the time the BLM is ready to make an award, the program may determine that the applicant is not qualified to receive an award. The program can use that determination as a basis for making an award to another applicant. B. Automated Standard Application for Payment (ASAP) Award cannot be finalized, until awardee completes their enrollment in the Department of the Treasury, ASAP System. See following website: http://www.fms.treas. og_ v/asap. If your organization is not enrolled in ASAP, contact the GMO in Section VIII. Federal Awarding Agency Contacts of this funding opportunity. C. Review and Section Process: Applications eligible for merit review will be evaluated by an ad hoc evaluation team assembled to review, rate, rank, and recommend applications for award using the below evaluation criteria. Evaluation teams are made up of two or more qualified personnel familiar with the program and certified to have no conflict of interest with any persons or organizations applying for award. Reviews are handled as confidential documents. Once award decisions are made, applicants may request in writing a written summary of the evaluation of their application/proposal. Proposals will be evaluated, rated, and ranked by appropriate BLM Staff expert in the program's field of study. The Government reserves the right to reject any and all proposals which do not meet the requirements of this NOFO and which are determined to be outside the scope of the authority under which this NOFO is posted. D. Project must assist BLM in meeting one or more of the following Department of Interior priorities 1. Creating a Conservation Stewardship Legacy Second only to Teddy Roosevelt. 2. Sustainably Develop our Energy and Natural Resources. 3. Restore Trust and be a Good Neighbor. 4. Ensure Tribal Sovereignty Means Something. Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 15 of 34 Award will be made to responsive, responsible applicants submitting proposals, which conform to the funding opportunity NOFO and are most advantageous to the Government considering the evaluation factors listed below. E. First Level Screening --Basic Eligibility Applications will be screened by the Grants Management Officer to ensure that applications meet basic eligibility requirements. Depending on the specifics of the funding opportunity, screening may include, but is not limited to, the following: • Submission is timely; • Program and/or legislative authority requirements are met; and • Complete and properly executed required application package documents (Section IV. B. 10 APPLICATION AND SUBMISSION INFORMATION) are included. Applications must satisfy basic eligibility screening requirements to be considered for further review. F. Second Level Evaluation -- Merit Review Evaluation Eligible applications will be evaluated in an objective and unbiased manner using the following merit review criteria: Proposals will be evaluated on strengths or weaknesses for each merit review criterion and rated "Exceeds" "Meets" or "Does not meet" expectations with highest importance on Qualifications/Past Performance. Each of these ratings is defined as follows: Exceeds — The proposal exceeds the criteria factors without any deficiencies. Meets — The proposal meets criteria factors with few, or only minor, deficiencies. Does not meet — The proposal does not meet the criteria factors, or there are significant deficiencies identified. APPLICANT STATEMENT OF NEED Project meets broad objective of developing cooperative relationships for multijurisdictional strategic integrated invasive plant management. Objectives of the project DOI priorities met APPLICANT TECHNICAL APPROACH Development and management plans Prioritization process for targeted invasive species Data collection, analysis, and means of interpretation Specialized equipment use Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 16 of 34 Project goals and expected outcomes Project effectiveness measurement and evaluation plan Integrated pest management approach and implementation plan Investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs. Tasks and relationships of any partners and or stakeholders PUBLIC BENEFIT AND PROGRAM INTERST OF THE BLM Direct Public Benefit Public engagement, learning opportunities, invasive and noxious plant management education and outreach programs, events, and products Projects in which the BLM receive the indirect benefit of conservation activities. APPLICANT QUALIFICATIONS/PAST PERFORMANCE Key project personnel experience and qualifications Qualifications of any contractors, subrecipients and/or consultants Experience with federally funded assistance agreements within the last three to five years Similar successfully completed projects Unique qualifications. Licenses and/or certifications held LEVERAGING OF RESOURCES (Will be considered in the review process as a tiebreaker among applications with equivalent scores after evaluation against all other factors) A proposal that demonstrates effective partnerships to share resources and expertise. G. Third Level Review Pre -award Clearance and Budget Approvals Prior to award, the BLM will evaluate the risk posed by applicants as required in 2 CFR 200.205. BLM programs document applicant risk evaluations using the DOI "Financial Assistance Recipient Risk Assessment" form. Prior to approving awards, the BLM is required to review and consider any information about or from the applicant found in the Federal Awardee Performance and Integrity Information System. The BLM will consider this information when completing the risk review. The BLM uses the results of the risk evaluation to establish monitoring plans, recipient reporting frequency requirements, and to determine if one or more of the specific award conditions in 2 CFR 200.207 should be applied the award. If the results of all pre -award reviews and clearances are satisfactory, an award of funding will be made once the agreement is finalized. If the BLM determines that a Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award. Budget review is based on the following: Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 17 of 34 • Budget line items must be allowable, allocable, reasonable in price, and appropriate for the level of effort needed to accomplish the project. • Budget details and narrative must provide adequate explanation of, and justification for, each estimated cost. • Requested equipment must be justified and necessary for completion of the project. • Cost Sharing/Matching funds must not come from Federal sources. A. Final Review of Selected Applicants: Final review will be made by management to determine if the selected proposed project(s) are in line with DOI and BLM current priorities. This process may take a few months to finalize. VIL FEDERAL AWARD ADMINISTRATION INFORMATION A. Federal Award Notices Awards are based on the application submitted to, and approved by, the BLM and are subject to the terms and conditions incorporated into the Notice of Award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. The duration of an agreement is based on the period of performance as stated on the project proposal. Recipient will be notified by the certifying Grants Management Officer via email with a fully executed signed Notice of Award with the required terms and conditions. Recipient acceptance of a Federal award from the BLM carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients indicate their acceptance of the Federal award by starting work, drawing down funds, or accepting the award via electronic means. B. Award Terms and Conditions See the BLM "Financial Assistance Award Terms and Conditions" for the administrative and national policy requirements applicable to BLM awards. C. Payments Domestic recipients are required to register in and receive payment through the U.S. Treasury's Automated Standard Application for Payments (ASAP), unless approved for a waiver by the BLM program. Foreign recipients receiving funds to a final destination bank outside the U.S. are required to receive payment through the U.S. Treasury's International Treasury Services (ITS) System. Foreign recipients receiving funds to a final destination bank in the U.S. are required to enter and maintain current banking details in their SAM.gov entity profile and receive payment through the Automated Clearing House network by electronic funds transfer (EFT). The BLM will include recipient -specific instructions on how to request payment, including identification of any additional information required and where to submit payment requests, as applicable, in all Notices of Award. D. Reporting Requirements 1. Financial Reports: Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 18 of 34 All recipients must use the SF-425, Federal Financial Report form for financial reporting. At a minimum, all recipients must submit a final financial report. Final reports are due no later than 90 calendar days after the award period of performance end date or termination date. For awards with periods of performance longer than 12 months, recipients are required to submit interim financial reports on the frequency established in the Notice of Award. 2. Performance Reports Performance reports must contain a comparison of actual accomplishments with the established goals and objectives of the award; a description of reasons why established goals were not met, if appropriate; and any other pertinent information relevant to the project results. At a minimum, all recipients must submit a final performance report. Final reports are due no later than 90 calendar days after the award period of performance end date or termination date. For awards with periods of performance longer than 12 months, recipients are required to submit interim performance reports on the frequency established in the Notice of Award. 3. Real Property Reports Recipients and subrecipients are required to submit status reports on the status of real property in which the Federal government retains an interest. The required frequency of these reports will depend on the anticipated length of the Federal interest period. The BLM will include recipient - specific real property reporting requirements, including the required data elements, reporting frequency, and report due dates, as applicable. E. DOI/BLM continues to improve its financial assistance program as part of these efforts below: 1. Conflict of Interest Disclosure Recipients must notify the BLM immediately in writing of any actual or potential conflicts of interest that arise during the life of their Federal award Applicability • This section intends to ensure that non -Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. • In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply. Requirements • Non -Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. • In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the NOFO. Version November 2019 OregonAVashington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 19 of 34 • No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. Notification • Non -Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the BLM Grants Management Office or pass -through entity in accordance with 2 CFR 200.112, Conflicts of Interest. • Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Grants Management Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. • Restrictions on Lobbying. Non -Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352. • Review Procedures. The Grants Management Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. • Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). 2. Data Availability Applicability. • The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully, and substantively, evaluate the data, methodology, and analysis used by the Department to inform its decisions. • Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. Availability of Data. The recipient shall make the data produced under this award and any sub award(s) available to the Government for public release, consistent with applicable law, to allow meaningful third party evaluation and reproduction of the following: • The scientific data relied upon; • The analysis relied upon; and • The methodology, including models, used to gather and analyze data. Version November 2019 Oregon/Washington Notice of Funding Opportunity No.: L20AS00025 Invasive and Noxious Plant Management Page 20 of 34 F. Other Mandatory Disclosures The non -Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass -through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non -Federal entities that receive a Federal award including the term and condition outlined in 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 Remedies for Noncompliance, including suspension or debarment. G. Special Award Terms and Conditions Scientific integrity is vital to Department of the Interior (DOI) activities under which scientific research, data, summaries, syntheses, interpretations, presentations, and/or publications are developed and used. Failure to uphold the highest degree of scientific integrity will result in not only potentially flawed scientific results, interpretations, and applications but will damage DOI's reputation and ability to uphold the public's trust. All work performed must comply with the DOI Scientific Integrity Policy posted to http://www.doi.gov, or its equivalent as provided by their organization or State law. For more information go to URL: https://www.doi.gov/scientificintegrit . 2. Liability, Insurance, and Indemnification. Recipients of awards arising from this NOFO will be required to agree to the following: a. Liability. The BLM assumes no liability for any actions, activities conducted under this agreement except to the extent that recourse, or Congress under the Federal Tort Claims Act, 28 USC 2671, provides remedies. b. Indemnification. To indemnify the federal government, Bureau of Land Management (BLM), from any act or omission of the recipient, its officers, employees, or (members, participants, agents, representatives, as appropriate) (1) against third party claims for damages arising from one or more activities carried out in connection with this financial assistance agreement and (2) for damage or loss to government property resulting from such an activity, to the extent the laws of the State where the recipient is located permit. This obligation shall survive the termination of this agreement. Proposals submitted and approved for use of equipment, hazardous materials or engage in high - risk activities, which have the potential for claims brought by third parties for death, bodily injury, property damage, or other loss resulting in one or more activities must purchase additional insurance and liability. Flow -down includes recipient and such subrecipients, contractors, or subcontractors as, in the judgment of the recipient and subject to the Government's determination of sufficiency, have sufficient resources and/or maintain adequate and appropriate insurance to achieve the purposes of this clause. Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 21 of 34 3. Defensive Driving Course. Recipients must successfully complete an appropriate defensive driving course before operating a Government -owned vehicle (GOV). 4. Safety and Training Requirements. Recipients must successfully complete appropriate safety and training requirements before operating Government -owned equipment, 4-wheel all -terrain vehicles (ATV) or other Government -furnished property (GFP). 5. Recipient/Sub-recipient Personnel Security and Suitability Requirements. a. If performance of this cooperative agreement requires recipient/subrecipient personnel to have a Federal government -issued personal identification card before being allowed unsupervised access to a DOI facility and/or information system, the BLM Program Officer will be the sponsoring official, and will make the arrangements for personal identity verification and card issuance. b. At least two weeks before start of cooperative agreement performance, the recipient will identify all recipient and subrecipient personnel who will require physical and/or logical access for performance of work under this grant/cooperative agreement. The recipient and subrecipient must make their personnel available at the place and time specified by the BLM Program Officer in order to initiate screening and background investigations. The following forms, or their equivalent, may be used to initiate the credentialing process: • OPM Standard Form 85 or 85P • OF 306 • Fingerprint card (local procedures may require the fingerprinting to be done at a police station; in this case, any charges are to be borne by the recipient or subrecipient, as applicable) • Release to Obtain Credit Information • PIV card application (web -based) c. Recipient and subrecipient employees are required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the recipient or subrecipient personnel being screened or investigated in person, by telephone or in writing, and the recipient agrees to make them available for such contact. d. Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further clearance may not be necessary. Provide the sponsoring office with documentation that supports the individual's status. e. During performance of the cooperative agreement, the recipient will keep the BLM Program Officer apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must Version November 2019 Oregon/Washington Notice of Funding Opportunity Invasive and Noxious Plant Management No.: L20AS00025 Page 22 of 34 be reported to the BLM Program Officer, Grants Management Officer, and Issuing Office within 24 hours. Replacement will be at the recipient's expense. If reissuance of expired credentials is needed, it will be coordinated through the BLM Program Officer. f. At the end of grant/cooperative agreement's performance, or when a recipient/subrecipient employee is no longer working under this grant/cooperative agreement, the recipient will ensure that all identification cards are returned to the BLM Program Officer. Before starting work under this agreement, a National Agency Check (NAC) will be conducted to verify the identity of the individual applying for clearance. Upon successful completion of the NAC process, an identification card will be issued and access granted. g. Simultaneously, a NAC with Inquiries (NACI) will be initiated to determine the individual's suitability for the position. If the NACI adjudication is favorable, nothing more needs to be done. If the adjudication is unfavorable, the credentials will be revoked. In the event of a disagreement between the recipient and the Government concerning the suitability of an individual to perform work under this grant/cooperative agreement, DOI shall have the right of final determination. h. This requirement must be incorporated into any subgrants/cooperative agreements that require subrecipient personnel to have unsupervised access to a Federally controlled facility for more than 180 calendar days or unsupervised access to a Federally controlled Level 3 or 4 information system. Federal Information Systems Security Awareness Training. Before the recipient, or any of its employees or subrecipients, are granted access to the BLM Federal computer system, they must first successfully complete the U.S. Department of the Interior's (DOI) Federal Information Systems Security Awareness Online Course. This course was designed specifically for users of Federal computer systems. The course is a Web -based training product that explains the importance of Information Systems Security and takes approximately one hour to complete. This course is mandatory for all Department of the Interior employees, contractors, recipients, and all other users of DOI computer resources. Topics covered in the course include threats and vulnerabilities, malicious code, user responsibilities, and new developments affecting Information Systems Security. VIII. FEDERAL AWARDING AGENCY CONTACTS Shelli Timmons, Grants Management Officer (GMO) Email: srtimmons@blm.gov Erin McConnell, State Program Lead Telephone: (503) 808-6261 Email: emcconne@blm.gov END NOTICE OF FUNDING OPPORTUNITY Version November 2019 BUREAU OF LAND MANAGEMENT Financial Assistance (Cooperative Agreements) ATTACHMENT A PROJECT PROPOSAL (Suggested Format) Instructions: A Project Proposal must be submitted with the Standard Form (SF) 424 Application for Federal Assistance, for all BLM Assistance Agreements. Complete each section below. Use additional sheets as needed. Person Submitting Proposal: Jon Valley Date: 02/28/2020 Organization Name: Deschutes County - Vegetation Management Division NOFO No.: L20AS00025 Applicant Project Title (not the OR/WA Master Invasive and Noxious Plant Management Funding NOFO Title): Opportunity Estimated Period of Performance: May 2020 through October 2023 Proposed Project Location (include BLM District/Field Office and BLM BLM Lands and watersheds in and bordering Deschutes County POC as applicable): If project is to be awarded under a CESU please identify the appropriate CESU: DESIGNATED WATERSHED AREA: Deschutes County Vegetation Management proposes to treat noxious weeds and invasive plant species within and adjacent to Bureau of Land Management (BLM) lands and along the Deschutes Wild and Scenic River corridors which is located in the Deschutes River Basin. STATEMENT OF NEED: By partnering with other local entities and coordinating noxious weed control efforts, federal, non-federal, public, and private interspersed lands receive the positive benefit of efficient watershed -wide noxious weed eradication and control. Coordination and cooperation amongst area partners improves the effectiveness and efficiency of the treatments and increased awareness of the scale of the problem, which will help prevent future infestations. TECHNICAL APPROACH: Actions such as monitoring the effectiveness of herbicide and biological agent treatments and reporting data are included in this endeavor. Controlling noxious weeds within the Wild and Scenic River corridors directly improves the remarkable values for which the designations were awarded, and will help to restore or improve forest, rangeland and watershed health. The proposed three-year project will identify with the partial use of a drone, noxious weed infestations on BLM lands in areas along the river corridors that are typically difficult to access, as well as adjacent uplands. All herbicide applications will be performed by licensed applicators. Treatments will be performed with application equipment such as trucks with mounted pumps, utility terrain vehicles (UTVs) with booms and hose reels, and/or backpack sprayers for areas more difficult to reach. All applications will be made in accordance with herbicide label restrictions and BLM and Prineville District regulations, such as found in the District's Integrated Invasive Plant Management Revised Environmental Assessment of 2016. Coordination and cooperation with adjacent ownerships and easements will allow vehicle access to any upland BLM-managed lands. Deschutes County Vegetation Management will implement this project over three years to ensure that follow-up control activities are performed. These post -treatment surveys and/or treatments assure the long-term control and documentation of invasive plant populations. During all treatments, detailed GIS data from hand-held GPS units and truck mounted data units will be used to track and log infestations, treatment method, and personnel. This data will Page 2 be reported to the BLM annually. Deschutes County Vegetation Management has the experience, tools, and licensed personnel to manage noxious weeds and invasive plant species on BLM Prineville District lands. PROJECT MONITORING AND EVALUATION PLAN: During all treatments, detailed GIS data from hand-held GPS units and truck mounted data units will be used to track and log infestations, treatment method, and personnel. This data will be reported to the BLM annually. Deschutes County Vegetation Management has the experience, tools, and licensed personnel to manage noxious weeds and invasive plant species on BLM Prineville District lands. Drone survey of some areas treated will be performed for monitoring as well. No sub -contractors or seasonal workers will be used with this project TIMETABLE OR MILESTONES TO COMPLETE EXPECTED OUTCOMES: [Suggested table below]: The objective of treating noxious weed infestations within and adjacent to the Wild and Scenic River corridors in the Deschutes Watershed Basin is to reduce known and newly found infestations of noxious weeds targeted by the Bureau of Land Management and the Oregon Department of Agriculture over the next 3 years of this proposal. Milestone / Task / Activity Start Date Completion Date To continue as in past years agreements with BLM to monitor, survey and treat noxious and invasive weeds on BLM lands, trailheads and along scenic river corridors to control or eradicate noxious weeds. May 2020 October 2023 PUBLIC BENEFIT AND PROGRAM INTEREST OF THE BLM: With the number of new people moving into the Central Oregon areas and the increased usage of public lands from residence and visitors, controlling the spread of noxious weeds will help keep wildlife in these areas and maintain the natural landscapes and vegetation thus controlling erosion and new infestations. QUALIFICATIONS/PAST PERFORMANCE: Deschutes County Vegetation Management Division has been a long time partner with the BLM and through many years of working together we have vastly improved the public lands in and around Deschutes County and The Deschutes River Basin. LEVERAGING OF RESOURCES No other funding is being sought for any federal resources. OVERLAP OR DUPLICATION OF EFFORT STATEMENT "There is no overlap or duplication between this application and any of our other Federal applications or funded projects, including activities, costs, or time commitment of key personnel". When overlap exists, your statement must end with: "We understand that if at any time we receive funding from another source that is duplicative of the funding we are requesting from the Bureau of Land Management in this application, we will immediately notify the Bureau of Land Management point of contact identified in this NOFO in writing. " Page 3 BUREAU OF LAND MANAGEMENT Financial Assistance (Cooperative Agreements) ATTACHMENT B BUDGET DETAIL and NARRATIVE (Suggested Format) Instructions: Using the estimated amounts listed on your SF-424A Budget Information form, use this worksheet format to provide details of those estimated costs. In the Justification Boxes, explain the purpose of each cost and provide sufficient detail so costs can be analyzed for reasonableness. Agreement or Funding Opportunity No.: L20AS00025 Date: Organization Name: Deschutes County - Vegetation Management Division Recipient OR/WA Master Invasive and Noxious Plant Management Funding Opportunity Project Title: A) PERSONNEL COSTS (SF-424A Object Class Category 6a.) Provide the name of the person in each position (if known), and provide both the annual (for Multiyear awards) and total salary/amount each position is paid; the percent of time position contributes to this award; and the number of months the employee is paid. State if any positions are vacant at the time, and if so, anticipated hire date. Also, provide a justification and description of each position (including vacant positions). Relate each position specifically to program objectives. Personnel cannot exceed 100% of their time on all active projects. Recipient should ensure the cost of living increase is built into the budget and justified. The salaries of administrative and clerical staff should normally be treated as indirect (F&A) costs (2 CFR §200.413c). Direct charging of these costs may be appropriate only if all of the following conditions are met: (1) Administrative or clerical services are integral to a project or activity; (2) Individuals involved can be specifically identified with the project or activity; (3) Such costs are explicitly included in the approved budget or have the prior written approval of the Grants Officer; and (4) The costs are not also recovered as indirect costs. Name & Title or Position Title Salary or Wage Months or Hours Matching Funds BLM Funds (if applicable) Jon Valley Vegetation Management Supervisor $70.65/ hr. 60 hrs. 0 $4,239.00 Rick Stubblefield Applicator #1 $49.45/ hr. 360 hrs. 0 $17,802.00 Erik Johnson Applicator #2 $48.15 hr. 360 hrs. 0 $17,334.00 A) TOTAL PERSONNEL COSTS: $ $39,375.00 (SF-424A Object Class Category 6a. Personnel) Justification: EXAMPLE - Project Coordinator - FNamel: This position directs the overall operation of the project; responsible for overseeing the implementation of project activities, coordination with other agencies, development of materials, provision of in-service and training, conducting meetings and coordinating with agencies, designs and directs the gathering, tabulating and interpreting of required data, responsible for overall program evaluation and for staff performance evaluation; and is the responsible authority for ensuring necessary reports/documentation are Page 4 submitted to NOFO. This position relates to all program objectives. John Doe will provide 10 months effort for a total of $xx each year for three years (total $xx). B) FRINGE BENEFIT COSTS (SF-424A Object Class Category 6b.) Fringe benefits are usually applicable to direct salaries and wages. Provide the fringe benefit rate used and a clear' description of how the computation of fringe benefits were applied. Provide both the annual (for multiyear awards) and total.. If a fringe benefit rate is not used, show how the fringe benefits were computed for each position. The budget justification should be reflected in the budget description. Elements that comprise fringe benefits should be - indicated. The fringe rate should be proportional among the federal and non-federal share categories. If a fringe rate is greater than 35%, a description and breakdown of the benefits must be provided unless a negotiated indirect cost rate agreement (NICRA) has been provided. If fringe benefits are not computed by using a percent of salaries, provide a breakdown of how the computation is done. The applicant should not combine the fringe benefit costs with direct salaries and wages in the personnel category. Name &Title/Position Salary/Wage Base (BLM Amounts budgeted in Section A above) Fringe Beneofit Rate (/o) Matching Funds (if applicable) BLM Funds Erik Johnson Equipment operator/ Applicator $29.27 60.6% 0 $17,802.00 Rick Stubblefield Equipment operator/ Applicator $30.94 50.8% 0 $17,334.00 Jon Valley Vegetation Management Supervisor $45.09 56.7 0 $4,239.00 B) TOTAL FRINGE BENEFIT COSTS: $ $39,375.00 (SF-424A Object Class Category 6b. Fringe Benefits) Justification: EXAMPLE: The fringe benefit rate for full-time employees for years one and two is calculated at 33%. The fringe rate for the student is calculated at 7%. For years three and four, the fringe rate is anticipated to increase to 34% for employees and remain at 7% for graduate students. If fringe rate is greater than 35%: Project Coordinator - Salary [amount] Retirement 5% of $35,000 = [amount] FICA 7.65% of $35,000 = [amount] Insurance = [amount] Workman's Compensation, etc. = [amount] Total [amount] Page 5 C) TRAVEL COSTS (SF-424A Object Class Category 6c.) Domestic travel includes travel within and between the U.S., the commonwealths of Puerto Rico and the Northern Mariana Islands, Guam, the U.S. Virgin Island, and the territories and possessions of the United States. Provide a narrative justification describing the travel staff will perform. List origin and destination, number of trips planned, who will be making the trip, purpose of travel and how it relates to the scope of work, and approximate dates. If mileage is to be paid, provide number of miles and the cost per mile. If travel is by air, show cost of airfare and proposed airline (if known). If per diem/lodging is to be paid, indicate number of days and the amount for each day's per diem and the number of nights and the amount for each night's lodging. Include any ground transportation when applicable. Total each trip planned. Dollars requested in the travel category, should be for staff travel only. Travel for consultants should be shown in the consultant category along with the consultant's fee. Travel for training participants, advisory committees, review panels etc., should be itemized the same way as indicated above and placed in the "other" category. Travel should include: origin and destination, estimated costs and type of transportation, number of travelers, related lodging and per diem costs, brief description of the travel involved, its purpose, and explanation of how the proposed travel is necessary for successful completion of the project. If travel details are unknown, then the basis for proposed costs should be explained (i.e., historical information). Travel costs can be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or a combination of the two if applied consistently and results in reasonable charges. Travel support for dependents of key project personnel may be requested only when the travel is for a duration of six months or more either by inclusion in the approved budget or with the prior written approval of the Grants Officer (2 CFR §200.474(c)(2)).http://www.p-sa.gov/i)ortal/content/104877. Proposed Travel No. of No. of Cost Per Person Matching Funds BLM (Lodging & Per Diem) People Days Per Day (if applicable) Funds To: From: To: From: To: From: Ter.° / czFa''/e° Portland, OR j S150.00, j,10.;i >'00.00 L `r rri-rr ° Eugene. OR Da; SUB -TOTAL MILEAGE REIMBURSEMENT - The cost of reimbursement for estimated mileage traveled in recipient vehicles for agreement activities. Give details and the purpose of the travel in the Narrative Box. Current Federal mileage reimbursement rates may be found online at www.GSA.gov. NOTE: Mileage reimbursement rates include all vehicle costs, i.e. fuel, insurance, maintenance, etc. Proposed Travel No. of No. of Cost Per Matching Funds BLM (Mileage Reimbursement) Miles Trips Mile (if applicable) Funds To: From: To: From: To: From: T"� ° f ecntrl�tc: Poi 1/anel, OR NO 2 so/0/1 U.00 �a,._.UO E:�gene, OR �9iles A4ile SUB-TOTAL OTHER TRAVEL COSTS - The costs of airfare, bus fare, car rental, etc., required for agreement activities. Explain the details and the purpose of the costs in the Narrative Box. Proposed Other Type Cost No. Matching Funds BLM (Travel Reimbursement) (if applicable) Funds Page 6 To: From: To: From: To: From: C) TOTAL TRAVEL COSTS: (SF-424A Object Class Category 6c. Travel) Justification: EXAMPLE - The Project Coordinator and the Education Specialist will travel to [event location] to provide training at the "Sage Grouse Workshop" being held [date]. They will both travel from [origin] to [destination], and take ground transportation from the airport to the even/hotel. D) EQUIPMENT COSTS (SF-424A Object Class Category 6d. Equipment) Provide justification for the use of each item and relate them to specific program objectives. Provide both the annual '(for multiyear awards) and total for equipment. Equipment is defined as an article of tangible personal property that has a useful life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non -Federal entity for financial statement purposes, or $5,000. A recipient organization may classify equipment at a lower dollar value but cannot classify it higher than $5,000. For example, a state may classify their equipment at $1,000 with a useful fife of a year. It is recommended that internal policies for equipment be provided in this section in order to avoid requests by BLM for closeout documents and delays during the closeout period. General use of equipment (i.e., computers, faxes, etc.) must be used 100% for the proposed project if charged directly to the agreement. Maintenance fees for equipment should be shown in the "other" category. Provide a lease versus purchase analysis. This must accompany every equipment request over $5,000 even if a lease vs purchase analysis cannot be completed, a statement is required to that effect. General-purpose equipment such as office equipment and furnishings, and information technology equipment and systems are typically not eligible for direct cost support (2 CFR §200.439). Provide objective -related justification for all equipment items after the detailed budget. The source for determining the budget price for each unit of equipment should be included in the justification. Explain the need and purpose of the equipment in the Justification Box below. Matching BLM Equipment Quantity Cost per Unit Funds Funds (if applicable) GMC 5600 4X4 with truck mounted Sprayer 150 hrs. $30.00/ hr. $4,500.00 Gator 4WD side X side with 50 gal spray tank and 300 hrs. $30.00/ hr. $9,000.00 Intelespray hose reel Polaris 500 4 wheeler w/ 25 gal. spray tank and 270 hrs $25.00/ hr. $6,750.00 Intelespray hose reel Pickup ,equipment haul 360 hrs. $16.50/ hr. $5,940.00 D) TOTAL EQUIPMENT COSTS: $ $26,190.00 (SF-424A Object Class Category 6d. Equipment) Justification: EXAMPLE - Equipment costs of [$ amount] is requested for modified gill nets (lx$20,000), anchors (2x$6,000), floating and acoustic transmitters and receivers (4x$10,000). The gill nets will be used for Page 7 [description]. The anchors are needed for [description]. The transmitters and receivers will be used for [description]. E) SUPPLY COSTS_(SF-424A Object Class Category 6e. Supplies) List by supply item. An explanation is necessary for supplies costing more than $5,000, or five percent of the award, whichever is greater. Show unit cost of each item, number needed, and total amount. Provide both the annual (for multiyear awards) and total for supplies. Provide justification of the supply items and relate them to specific program objectives. It is recommended that when training materials are kept on hand as a supply item, that it be included in the "supplies" category. When training materials (pamphlets, notebooks, videos, and other various handouts) are ordered for specific training activities, these items should be itemized and shown in the "other" category. If appropriate, general office supplies may be shown by an estimated amount per month multiplied by the number of months in the budget period. Requirements for supplies, which exceed the thresholds: explain the type of supplies to be purchased, or nature of the expense in the budget narrative; provide a breakdown of supplies by quantity and cost per unit if known; and indicate basis for estimate of, supplies,, i.e., historical use on similar projects. If your organization has a written policy for purchasing supplies, please submit a copy with your application. Explain the purpose of the costs in the Justification Box below. Item Quantity Cost per Unit Matching Funds (if applicable) BLM Funds Herbicide, Surfactant and Marking Dye $2,245.00 E) SUPPLY COST TOTAL: $ $2,245.00 (SF-424A Object Class Category 6e. Supplies) Justification: EXAMPLE - General office supplies will be used by staff to carry out daily activities of the program. Pamphlets will be kept in stock and distributed to schools as needed upon request. Supplies relate to (describe how pamphlets relate to objectives). Sample Budget SUPPLIES Total $ General office supplies (pens, pencils, paper, etc.) Lab supplies (developing chemicals, petri dishes, etc.) 12 months x $100/month = [amount] 2,000 pamphlets entitled [name] x $.58 ea. = [amount] Page 8 F) CONTRACTUAL COSTS (SF-424A Object Class Category 6f Contractual) Provide separate budgets for each sub award or contract, regardless of the dollar value and indicate the basis for the cost estimates in the narrative. Describe products or services to be obtained and indicate the applicability or necessity of each to the project.Please note the differences between sub award, contract, and vendor: • Sub award means an award provided by a pass -through entity to a subrecipient for the subrecipient to carry_ out part of a Federal award, including a portion of the scope of work or objectives. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. • Contract means a legal instrument by which a non -Federal entity purchases property or services needed to carry out the project or program under a Federal award. • Vendor is generally a dealer, distributor or other seller that provides, for example, supplies, expendable materials, or data processing services in support of the project activities. Provide both the annual (for multiyear awards) and total for contractual. Do not incorporate contractual indirect costs under the indirect costs line item for the applicant/grantee on the SF-424A or budget narrative. • Name of Subrecipient, Contractor, or Vendor: include the name of the qualified subrecipient, contractor, affiliation, and contact. • Method of Selection: Include how selection was made. If sole source, include an explanation. Include qualifications. • Period of Performance: Include the dates/length for the performance period. If it involves a number of tasks, include the performance period for each task. • Scope of Work: List and describe the specific tasks to be performed. • Criteria for Measuring Accountability: Include an itemized line item breakdown as well as total contract/award amount. If applicable, include any indirect costs paid under the contract/award and the indirect cost rate used. Explain the details and purposes of the costs in the Justification Box below. Contractor Name, Type, etc. Cost Matching Funds (if applicable) BLM Funds L xan,g71e,, lice Deliv ia' ,SRYIwe 0�eol'l.V C 0311raco 4 2,500.00 0,00 , ."'.iK OO F) CONTRACTUAL COST TOTAL: $ $ (SF-424A Object Class Category 6f. Contractual) Justification: EXAMPLE - Contractual costs of [$ amount] is requested for the university to execute a contract with TBD, competed competitively, for [$ amount] to develop and deploy satellite tags on North Atlantic right whales for 2016 (one year). Expenses will include: (1) personnel and fringe for a technician to implement tag development and testing during Year 1, (2) expenses TBD to travel to Seattle, WA to meet with XX computers engineers to develop a GPS-linked satellite tag, (3) travel for TBD to the Southeast U.S. to lead tag deployments in 2015 and 2016, and (4) tagging supplies (satellite tags, tag darts, measurement electronics for tag testing, other tag testing supplies). TBD will report to the university quarterly to ensure progress. [Attach itemized budget.] Page 9 CONTRACTUAL SAMPLE Name of Organization Method of Selection (competitive or sole source; if sole source, provide justification) Period of Performance Description of Activities Method for Maintaining Performance Accountability Itemized Budget (include categories used in program budget) G) CONSTRUCTION COSTS (SF-424A Object Class Category 6g. Construction) Construction activity is allowable only when program legislation includes specific authority for construction and/or when the BLM operating unit specifically authorizes such activity. Activities under an award are considered construction when the major purpose of the award is construction as defined in this chapter. In contrast, alteration of facilities incidental to a non -construction purpose is not considered construction under this chapter. - FAR Part 2 Definitions. Most federal programs do not allow construction costs, and those that do typically have detailed instructions describing how to figure construction costs. Estimated construction costs must be supported by documentation including drawings and estimates, formal bids, etc. As with all other costs, follow the specific requirements of the program, the terms and conditions of the award, and applicable regulations. Whereas non -construction awards use the SF-424A form, construction awards must use the SF-424C form. Detail provided should include administrative and legal expenses; land, structures, rights -of -way, appraisals, etc.; relocation expenses and payments; architectural and engineering fees, project inspection fees; site work; demolition and removal; equipment; contingencies; and program income. Explain the details and purpose of the costs in the Justification Box below. Contractor: Name/Type/Organization/Etc. Cost Matching Funds (if applicable) BLM Funds G) CONTRUCTION COST TOTAL: $ $ (SF-424A Object Class Category 6g. Construction) Justification: Page 10 H) OTHER COSTS (SF-424A Object Class Category 6h. Other) This category contains items not included in the previous categories. List items by type of material or nature of expense, break down costs by quantity and cost per unit if applicable, state the necessity of other costs for successful completion of the project and exclude unallowable costs (i.e., alcohol, fundraising, meals and coffee breaks). Provide both the annual (for multiyear awards) and total for other. Give justification for all the items in the "other" category (e.g., separate justification for printing, telephone, postage, rent, etc.). All costs associated with training activities should be placed in the "other" category except costs for consultant and/or contractual. List all expenses anticipated for the training activity in the format above. Include rental space for training (if required), training materials, speaker fees, substitute teacher fees, and any other applicable expenses related to the training. It is recommended that sub awards fall under the contractual section rather than the other section. Explain the details and purpose of the costs in the Justification Box below. Item Cost Matching Funds (if applicable) BLM Funds j..a E, 16,, ,ice �Cj N �a , , <��tr, (1 opt , � � ,r ? I12 >', 11 - . ,/ , 0.'.00 H) OTHER COSTS TOTAL: (SF-424A Object Class Category 6h. Other) $ $ Justification: EXAMPLE - [$ amount] is requested for printing informational pamphlets as it relates to our proposed marketing and outreach efforts, stipend costs for reviewing and contributing to the vetting process of the training curriculum, and other miscellaneous costs including phone, and postage and mailing costs. Sample Budget OTHER Total $ Printing ($ per x documents) = [subtotal] Telephone (Charges $ per month x months) = [subtotal] Postage (Charges $ per month x months) = [subtotal] Rent J$ per month x months) = [subtotal] Etc. (Charges $ per x item) = [subtotal] Training costs for [name of training] = [subtotal] Page 11 I) TOTAL DIRECT COSTS (SF-424A Object Class Category 6i. Sum of 6a.-6h.) The total of all direct costs applicable to this project. Matching BLM Total Direct Costs Funds Funds (if applicable) I) TOTAL DIRECT COSTS: $ $67,810.00 (SF-424A Object Class Category 6i. Total, Sum of 6a.-6h.) J) INDIRECT COSTS (SF-424A'Object Class Category 6j. Indirect Charges) Indirect costs are those costs incurred for common or joint objectives, which cannot be readily identified with an individual project or program but are necessary to the operations of the organization. Please refer to the BLM Financial Assistance Standard Terms and Conditions and the 2 CFR 200 for more information about indirect costs and facilities and administrative costs, including more information regarding predetermined, provisional, and fixed rates. Provide the most recent indirect cost rate agreement with the itemized budget. The applicable indirect cost rate(s) negotiated by the organization with the cognizant negotiating agency must be used in computing indirect costs (F&A) for a proposal (2 CFR §200.414). The amount for indirect costs should be calculated by applying the current negotiated indirect cost rate(s) to the approved base(s). Any non -Federal entity that has never received a negotiated indirect cost rate, except for those nonfederal entities described in Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals, paragraph (d)(1)(B) may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. Foreign grantees that do not have a negotiated indirect cost rate may also elect to charge the de minimis rate limited to an indirect cost rate recovery of 10% of modified total direct costs, and foreign grantees that have a negotiated rate agreement with a U.S. federal agency may recover indirect costs at the current negotiated rate. (Only mandatory cost sharing or cost sharing specifically committed in the project budget must be included in the organized research base for computing the indirect (F&A) cost rate or reflected in any allocation of indirect costs.) Use the Narrative Box below to explain how you calculated your indirect cost base and resulting indirect costs. Indirect Cost Rate to be used on this Grant (%): Indirect Cost Base for this Grant: $ Matching BLM Total Indirect Costs Funds Funds (if applicable) J) TOTAL INDIRECT COSTS: $ $2,190.00 (SF-424A Object Class Category 6j. Indirect Charges) Page 12 Narrative: SELECT WHICH APPLIES TO YOUR ORGANITION & DELETE THE OTHERS 1. A state or local government entity receiving more than $35 million in direct Federal funding with an indirect cost rate of [insert rate]. We submit our indirect cost rate proposals to our cognizant agency. A copy of our most recently approved rate agreement/certification is attached. 2. A state or local government entity receiving less than $35 million in direct Federal funding with an indirect cost rate of [insert rate]. We are required to prepare and retain for audit an indirect cost rate proposal and related documentation to support those costs. 3. A non-profit organization that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. A copy of our most recently approved rate agreement is attached. 4. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency. Our indirect cost rate is [insert rate]. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made. 5. [Insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is lower than 10%. Our indirect cost rate is [insert rate; must be lower than 10%]. However, if we receive an award we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat indirect cost rate of [insert rate; must be lower than 10%] against [insert a clear description of the direct cost base against which your rate is charged (e.g., salaries; salaries and fringe benefits; or modified total direct costs). However, please note that your organization cannot charge indirect costs in excess of the indirect costs that would be recovered if applied against modified total direct costs as defined in 2 CFR 200.681. We understand that we must notify the BLM in writing if we establish an approved rate with our cognizant agency at any point during the award period. 6. If your organization is a Cooperative Ecosystems Studies Unit (CESU) partner, your indirect cost rate will be 17.5% of your NICRA-determined indirect cost base. K) TOTALS (SF-424A Object Class Category 6k. TOTALS) The sum total of all Direct and Indirect Costs (Sum of 6i. & 6j.) Applicable to this agreement. Total Project Costs Matching Funds (if applicable) BLM Funds K) TOTAL COSTS: $ $70,000.00 (SF-424A Object Class Category 6k. TOTALS) L�\)- E S 2 o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of April 6, 2020 DATE: April 1, 2020 FROM: Lee Randall, Facilities, 541-617-4711 TITLE OF AGENDA ITEM: Adult Parole and Probation Office Expansion RECOMMENDATION & ACTION REQUESTED: Recommend Board direct staff to proceed with project design and development for the Option B concept. Staff to report back with updated budget and plan information at the 50% design stage. BACKGROUND AND POLICY IMPLICATIONS: The Adult Parole and Probation division's ability to serve the community has been hampered by insufficient space resulting in inefficiencies, risks to safety, and inability to provide the full range of services necessary. Beginning in 2017, public safety campus stakeholders developed a public safety campus master plan of which a key component is to expand the Adult Parole and Probation offices and consolidate all operations in Bend to a single location. On October 24, the Board directed staff to proceed with developing plans for expanding Parole and Probation office space, as well as re -purposing the Programs building for use as a Stabilization Center, and improvements in the Work Center. As of this date, two preliminary design options and cost estimates for expanding the Adult Parole and Probation facilities have been developed. Option A involves renovating 7,799 square feet of existing space on the second floor of the Adult Community Justice Building and adding 7,207 square feet of new constructions on the second floor over the existing Work Center. Total space provided for Adult Parole and Probation operations is 15,006 square feet. Direct construction cost estimate at this concept stage is $6,300,000. Option B involves constructing a two story structure adjacent to and integrated with the Adult Community Justice Building. This option involves constructing 3,797 square feet of space on the first floor and 4,354 square feet of space on the second level providing a total of 15,950 square feet for Adult Parole and Probation operations. Direct construction cost estimate at the concept stage is $5,100,000. Both options provide sufficient space to meet current operational requirements and increase safety and operational efficiency by consolidating operations into one location. Among other advantages, Option A requires no additional land use, displaces less parking, and provides more accessible intake rooms and better adjacency between a different set of staff and activities. Among other advantages, Option B requires no phasing, provides larger conference rooms, separate lobbies for group meetings and regular offender traffic, better campus wide access to meeting rooms, and almost 900 square feet of un-programmed expansion space. FISCAL IMPLICATIONS: Consistent with the Board's prior direction, staff seek to pursue completion of the project without undue delay. As with any construction, particularly in central Oregon, additional project development time may increase cost. Under the current circumstances it is advantageous to undertake the next stage of design work and be prepared to competitively bid the subcontracts at the soonest reasonable opportunity. The next stage of design under the construction manager -general contractor (CM/GC) model provides the maximum opportunity to apply value engineering, trim costs, and refine construction estimates. Prior to construction, the Board will have the opportunity to approve the Guaranteed Maximum Price (GMP) as an amendment to the CM/GC contract with Skanska USA Building. ATTENDANCE: Who will be attending the Board meeting to present this item? Community Justice Director Ken Hales and Facilities Director Lee Randall L�0-� E S COG � 2 o� Deschutes County Board of Commissioners +� 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of April 6, 2020 DATE: April 1, 2020 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: Potential Appeal of Site Plan Review for Thornburgh Resort Golf Course, Consideration of Board Order No. 2020-016 BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners is a consideration to call up a potential appeal of an administrative decision (File No. 247-19- 000881-SP) approving a golf course and artificial lakes at the Thornburgh Destination Resort. The Board will consider Order No. 2020-016 and whether to hear the matter on appeal. See attached staff memorandum for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Cynthia Smidt, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: April 1, 2020 RE: Potential Appeal of Administrative Decision on a Site Plan review for the Thornburgh Resort Golf Course and Lakes (247-19-000881-SP) The Board of County Commissioners (Board) will conduct a meeting on April 6, 2020 and consider calling up a potential appeal of an administrative decision (File No. 247-19-000881-SP) approving a golf course and lakes at the Thornburgh Destination Resort. I. BACKGROUND On December 11, 2019, Kameron DeLashmutt on behalf of Central Land and Cattle Company, LLC submitted a request for a Site Plan Review (SP) for the Phase A golf course of the Thornburgh Destination Resort. The golf course includes artificial lakes approved by the Conceptual and Final Master Plans for the destination resort. The resort property is large and comprised of numerous tax lots. The properties subject to this application are located in the southern region of the destination resort and noted in the following table. Map Number & Tax Lot Address 15-12-00 7700 67205 Cline Falls Rd. 15-12-00 7800 67555 Cline Falls Rd. 15-12-00 7900 67545 Cline Falls Rd. The Thornburg Destination Resort has a lengthy and complex history that began in 2005. Each aspect of the Thornburg Destination Resort project includes decisions by Hearings Officers, the Board, Land Use Board of Appeals (LUBA), Oregon Court of Appeals, and Oregon Supreme Court.' The most recent appeal to LUBA (No. 2019-136) is currently awaiting review. LUBA stayed the appeal 1 See the Land Use History summary on pages 3-5 under the Basic Findings section of the attached administrative decision for file 247-19-000881-SP. 1 1 7 NW Lafa,v/me Avenue, Bend, Oregon 97703 1 P.O. Box 0005, E3end, OR 97708-6005 ,1 � (.`1 -) 388-6575 @ cdd@desdhnte�.org ®wvdvv.de5chutes.org/cd pending the outcome of the Supreme Court decision of case S067074. Staff finds the Site Plan Review for the golf course and lakes does not depend on the outcome of the pending matters. II. DECISION On January 10, 2020, the application was deemed complete. The Planning Division issued an administrative decision without a public hearing on April 1, 2020, determining the applicant met the applicable criteria. Notice of the decision was sent to neighboring property owners within 750 feet and those that provided comments. The decision becomes final if not appealed by 5:00 PM on April 13, 2020. 111. APPEAL Although no appeal has been filed, one is likely based on public comments from a dedicated opponent. In the event of an appeal, the applicant, Kameron DeLashmutt (Central Land and Cattle Company, LLC), requests the Board initiate review and conduct a hearing of the administrative decision. IV. BOARD OPTIONS Deschutes County Code 22.28.050 grants the Board the authority to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 121h day following the mailing date of this decision is April 13, 2020, Board Order No. 2020-016 has been provided. In determining whether to hear an appeal, the Board may consider only: 1. The record developed before the Hearings Officer, 2. The notice of appeal, and 3. Recommendation of staff In addition, if the Board decides to hear the appeal, it may consider providing time limits for public testimony. V. 150-DAY LAND USE CLOCK The land use permit, 247-19-000881-SP was submitted to the Planning Division on December 11, 2019. An incomplete application letter was sent on January 9, 2020. The applicant provided additional information and the application was subsequently deemed complete on January 10, 2020. On March 19, 2020, the applicant extended the 1501h deadline for a final local decision by 90 days in order to allow adequate time of any proceedings on any appeal before the Board. Based on this information, the 150th day on which the County must issue a final local land use decision is September 6, 2020. 247-19-000881-SP Page 2 of 4 Attachments: Binder Document Item No. 2020-04-01 DRAFT Order No. 2020-016 (Calling -Up Review) 71 2020-04-01 Admin Decision 70 2020-03-19 K DeLashmutt submittal 69 2020-03-19 K DeLashmutt clock extension 68 2020-03-11 K DeLashmutt submittal 67 2020-03-10 Staff submitted document 66 2020-03-06 NOA to Sherriff 65 2020-01-22 K DeLashmutt submittal 64 2020-01-22 K DeLashmutt Response to Comments 63 2020-01-17 Gould comments 62 2020-01-17 K Anuta (Gould) Comments 61 2020-01-16 DSL 0 Brown) Response 60 2020-01-14 K DeLashmutt - LUA affidavit 59 2020-01-13 S Dorsey Comments 58 2020-01-10 L Fancher email with correspondence 57 2020-01-09 Incomplete App Letter 56 2020-01-09 C Macbeth (COLW) comments 55 2020-01-07 KAnuta comments 54 2020-01-07J Kleinman Comments 53 2020-01-07 COID Comments 52 2020-01-06 N Gould comments 51 2020-01-06 N Gould comments with address 50 2020-01-01 D Arnold Comments 49 2019-12-30 P Russell (Sr Trans Planner) comments 48 2019-12-26 R Scheid (Bldg Division) comments 47 2019-12-24 Watermaster a Giffin) comments 46 2019-12-24 C Butler (RDM fire) comments 45 2019-12-20 Notice of Application 44 2019-12-20 LUA sign letter 43 2019-12-18 D Arnold Comments 42 2019-12-16 N Gould Comments 41 2019-12-13 Application & Exhibit list 40 2019-12-13 Burden of Proof 39 2019-12-13 Attachment 1 Golf Course & Lake Site Plan 38 2019-12-13 Attachment 2 Peterson Golf and economic feasibility 2005 Excerpt 37 2019-12-13 Attachment 3 Peterson Economic Rebuttal during TP Phase A-1 36 2019-12-13 Exhibit A - Lot of Record Decision 14-450-LR 35 2019-12-13 Exhibit B - FMP Ex. A8d1 34 2019-12-13 Exhibit C - BOCC approval of CMP, pg. 8 33 2019-12-13 Exhibit D - FMP A1.1 Open Space Plan 32 2019-12-13 Exhibit E - FMP A3.1 Master Development Map 31 2019-12-13 Exhibit F-1 - Olsen Decision Phase A-1 TP SP 30 2019-12-13 Exhibit F-2 BOCC TP Phase A-1 Decision 29 247-19-000881-SP Page 3 of 4 2019-12-13 Exhibit G - LUBA Decision TP-SP June 21, 2019 28 2019-12-13 Exhibit H - Water Rights Permit 27 2019-12-13 Exhibit H-2 OWRD Transfer dated 3-12-14 26 2019-12-13 Exhibit H-3 IDP Laura Wilke Letter dated 7-10-18 25 2019-12-13 Exhibit H-4 OWRD Water Rights Info G 17036 24 2019-12-13 Exhibit I - Proposed Final Order Permit Extension 23 2019-12-13 Exhibit) - BOCC approval of CMP, pg 25 22 2019-12-13 Exhibit K - Steve Johnson Letter to Board 21 2019-12-13 Exhibit L - BOCC approval of CMP, pgs 70-72 20 2019-12-13 Exhibit M - Wildfire and Natural Hazards Protection Plan 19 2019-12-13 Exhibit N - BOCC Remand Decision with Exhibit 8, B-24A 18 2019-12-13 Exhibit O - ODOT CIA 17 2019-12-13 Exhibit P - Wildlife Mitigation Plan page 7 RE flexibility 16 2019-12-13 Exhibit Q - David Newton Letter, dated 9-25-18 15 2019-12-13 Exhibit R - Gould COA Brief, Oct 2009 pg 22 14 2019-12-13 Exhibit S -Jeremy Giffin email 13 2019-12-13 Exhibit T - Big Falls Ranch Memo - Recorded 12 2019-12-13 Exhibit U Jan Newman Letter, dated 10-8-18 11 2019-12-13 Exhibit U-2 -Jan Neuman Memo dated 9-24-19 10 2019-12-13 Exhibit V FWMP Newton Associates dated 4-21-08 9 2019-12-13 Exhibit W - Incremental Development Plan Approved 2018 8 2019-12-13 Exhibit X - Clemow Trip Debit letter 7 2019-12-13 Exhibit Y - FMP 2008 Decision, pg 22 6 2019-12-13 Exhibit Z-1 - Eagle Crest II FMP, M-01-1 (relevant part) 5 2019-12-13 Exhibit Z-2 - Pronghorn FMP, M-02-1 (relevant part) 4 2019-12-13 Exhibit AA - Mitigation Debit Table 3 2019-12-13 Exhibit AB - Open Space FMP & TP 2 2019-12-13 Exhibit AC - ODFW Letter 6-13-08 1 247-19-000881-SP Page 4 of 4 -�C C O M M UNITY D EV I L I" KI I~m i;�1..E FILE NUMBER: OWNER/APPLICANT: CO -APPLICANT: ATTORNEY: FINDINGS AND DECISION 247-19-000881-SP Central Land and Cattle Company, LLC Kameron DeLashmutt Liz Fancher, Attorney PROPOSAL: The applicant requests approval of a Site Plan Review for the Phase A golf course of the Thornburgh Destination Resort. The golf course includes lakes approved by the Conceptual Master Plan and Final Master Plan for the destination resort. STAFF CONTACT: Cynthia Smidt, Associate Planner Cynthia.Smidt@deschutes.org 1 541-317-3150 I. APPLICABLE CRITERIA: Title 18, Deschutes County Zoning Ordinance Chapter 18.16. Exclusive Farm Use Zones Chapter 18.113. Destination Resorts Zone Chapter 18.116. Supplementary Provisions Chapter 18.124. Site Plan Review Title 22, Deschutes County Procedures Ordinance II. BASIC FINDINGS: LOCATION: The Thornburgh Destination Resort (also referred to as the Thornburgh Resort) property is large and comprised of numerous tax lots. The tax lots that are subject to this application are located in the southern region of the destination resort and are denoted in bold with a (*) below: 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd Map Number & Tax Lot Address 15-12-00 (index map) 5000 11800 Eagle Crest Blvd. 15-12-00 5001 11810 Eagle Crest Blvd. 15-12-00 5002 11820 Eagle Crest Blvd. 15-12-00 7700* 67205 Cline Falls Rd.* 15-12-00 7701 67705 Cline Falls Rd. 15-12-00 7800* 67555 Cline Falls Rd.* 15-12-00 7801 67525 Cline Falls Rd. 15-12-00 7900* 67545 Cline Falls Rd.* 15-12-00 8000 67400 Barr Rd. The tax lots denoted above in bold with a (*) are identified on the attached map below: LOT OF RECORD: The property subject to these applications is comprised of multiple lots of record. Tax lot 7700 is comprised of six legal lots of record as determined by Deschutes County file no. 247-14-000450-LR. The proposed development will occur within lots of record 1, 2, 4, and 4 of 247-14-000450-LR. Tax lots 7800 and 7900 are each comprised of one legal lot of record as determined by file nos. LR-91-56 and LR-98-44, respectively. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 2 of 60 ZONING: The subject property is zoned Exclusive Farm Use (EFU), and is within the Destination Resort (DR) Combining Zone. The property is designated as Agriculture (AG) in the Deschutes County Comprehensive Plan. SITE DESCRIPTION: The subject property is part of a larger tract consisting of approximately 1,980 acres of land, which lies west and south of Cline Buttes. The site has varying topography with rock outcroppings and ridges and with vegetation consistent of juniper woodland Quniper trees, native shrubs, and grasses). Cline Falls Road crosses tax lot 7700 in the southeastern corner, displacing approximately 4.6 acres on the east side of the roadway. Primary access is taken from Cline Falls Road. This phase of development is concentrated in the southern portion of the property near and west of Cline Falls Road, involving approximately 93-acre development area for golf course and lakes. The property is currently developed with two single-family dwellings and accessory structures. According to the Flood Insurance Rate Map for Deschutes County and the National Wetlands Inventory, respectively, the subject property is not located in the 100-year flood plain nor does it contain mapped wetlands. SURROUNDING LAND USES: The subject property is surrounded by public land primarily managed by the Bureau of Land Management (BLM). Other portions of the public land are managed by the Oregon Department of State Lands (DSL) and Deschutes County. The Eagle Crest Destination Resort is located near the northern portion of the subject property. LAND USE HISTORY: The Thornburg Destination Resort has a lengthy and complex history. The following is a brief summary that includes the County file numbers and Board of County Commissioner (referred to as BCC, BOCC, or Board in this decision) document numbers. Each aspect of the Thornburg Destination Resort project includes state level court proceedings that include Oregon Land Use Board of Appeals (LUBA), Oregon Court of Appeals (CA), and Oregon Supreme Court (SC). Conceptual Master Plan (CMP) - The Conceptual Master Plan (CMP) application submitted by Thornburgh Resort Company, LLC (TRC) was denied by the Hearings Officer on November 9, 2005 (file CU-05-20). The Hearings Officer's decision was appealed (file A-05-16) by Nunzie Gould (hereafter Gould) and Steve Munson (Munson) to the Deschutes County Board of Commissioners. On May 10, 2006, the BCC approved the CMP. Gould and Munson appealed the BCC decision to the LUBA. (LUBA Nos. 2006-100 and 101). LUBA remanded the BCC decision on May 14, 2007. Gould v. Deschutes County, 54 Or LUBA 2005 (2007). The LUBA decision was appealed to the Court of Appeals. On November 7, 2007, the Court of Appeals reversed and remanded LUBA's decision. Gould v. Deschutes County, 216 Or Appl 50,171 P3d 1017 (2007). The result was that the BCC decision in CU-05-20 approving the CMP was remanded to the county for further proceedings. On April 15, 2008, the BCC issued its decision on remand again approving the CMP (Document No. 2008-151). Gould and Munson appealed the BCC decision to LUBA on May 6, 2008 (No. 2008-068). On September 11, 2008, LUBA affirmed the BCC decision. Gould v. Deschutes County, 57 Or LUBA 403 (2008). That decision was appealed to the Court of Appeals (A140139). On April 22, 2009, the court affirmed LUBA's decision. Gould v. Deschutes County, 227 Or App 601, 206 247-19-000881-SP, Central Land and Cattle Company, LLC Page 3 of 60 P3d 1106 (2009). On October 9, 2009, the Supreme Court denied review. Gould v. Deschutes County, 347 Or 258, 218 P3d 540 (2009). On December 9, 2009, the Court of Appeals issued its appellate judgement so the CMP received final approval as of December 9, 2009. CMP Initiation of Use- On November 1, 2011, TRC sought a Declaratory Ruling (file DR-11-8) that the April 15, 2008 CMP had been timely initiated. The Hearings Officer found the CMP was timely initiated. The BCC declined to exercise discretionary review and the opponent appealed to LUBA. On appeal, LUBA remanded that decision on January 8, 2013 (LUBA No 2012-042). LUBA's decision was affirmed by the Court of Appeals, without opinion. Gould v. Deschutes County, 256 Or App 520, 301 P3d 978 (2013). On remand, the Hearings Officer found the CMP was not timely initiated. TRC appealed the hearings officer's decision to the BCC, which issued a Declaratory Ruling that the April 15, 2008 CMP decision was "initiated" before the two-year deadline for doing so expired. Gould appealed the decision to LUBA. On appeal, LUBA remanded the Declaratory Ruling of the BCC on January 30, 2015 (LUBA No 2015-080). On appeal, the Court of Appeals reversed and remanded stating that the express language of the county code requires Defendant substantially exercise the permit conditions as a whole, and any failure to initiate development by fully complying with the conditions should not be the fault of the applicant, a determination of which must be based on more than just the complexity of the process. The Court also held that the County could not interpret the county code contrary to a prior LUBA order in this same litigation, as the lower tribunal was bound to follow the appellate court's ruling. Gould v Deschutes County, 272 Or App 666 (2015). In the application materials for File 247-19-000881-SP: Loyal Land has not initiated a review on remand. This application is moot, however, because the resort's final master plan (FMP) incorporates and satisfies all conditions of the CMP and has received final approval. Final Master Plan (FMP) - Thornburgh Resort Company filed for approval of the FMP in 2007, which was amended in 2008 (file nos. M-07/MA-08-6). The application was approved by the County, appealed by Gould and remanded by LUBA (Gould v. Deschutes County, 59 Or LUBA 435 (2009)) to address issues regarding the Thornburgh Wildlife Mitigation Plan (TMP). The LUBA decision was appealed to the Court of Appeals. The Court affirmed LUBA's decision. Gould v. Deschutes County, 233 Or App 623, 227 P3d 759 (2010). In 2015, on remand, the County denied approval of the FMP. Central Land and Cattle Company, LLC successfully appealed the denial and LUBA remanded the County decision. Central Land and Cattle Company v. Deschutes County, 74 Or LUBA 326 (2016), The Court of Appeals affirmed LUBA's decision without opinion (Al 63359). On the second remand, the FMP was approved by the County. The County decision was appealed by Gould. The County's approval was affirmed by LUBA affirmed (LUBA No. 2018- 008, August 21, 2018) and the FMP is now final. The FMP approves and requires construction of the proposed golf course and authorizes development of the lakes. Phase A-1 Tentative Plan and Site Plan Review - Through file nos. 247-18-000386-TP, 247-18- 000454-SP, and 247-18-000592-MA, the County approved a Tentative Plan for Phase A-1 and Site Plan Review for utility facilities were reviewed through file nos. 247-18-000386-TP, 247-18- 247-19-000881-SP, Central Land and Cattle Company, LLC Page 4 of 60 000454-SP, and 247-18-000592-MA'. The BCC declined review of an appeal. The County decision was appealed to LUBA and LUBA remanded (LUBA No. 2018-140) on one issue, the Tentative Plan Condition of Approval No. 17. The LUBA decision was appealed to the Court of Appeals (Al71603) but the appeal was dismissed based on the filing deadline. In addition, the Court of Appeals denied reconsideration of said order of dismissal. The Oregon Supreme Court accepted review of Court of Appeals order denying reconsideration of the order -dismissing petition for review (S067074), which is scheduled for May 4, 2020. Meanwhile, the applicant initiated remand proceedings on August 2, 2019 through file no. 247- 19-000611-A. The County Hearings Officer found he did not have jurisdiction to issue a decision based on the above noted cases. The BCC used its discretion to hear the appeal on the record pursuant to BCC Order 2019-043, dated October 30, 2019. The BCC removed Condition of Approval No. 17 and affirmed the approval of the Tentative Plan and Site Plan Review on remand from LUBA. A County decision on remand was appealed to LUBA and it currently awaiting review (LUBA 2019-136). LUBA stayed the appeal pending the outcome of the Supreme Court decision of case 5067074.Staff finds the golf course does not depend on the outcome of the pending matters. PROPOSAL: The applicant is requesting a Site Plan Review for the Phase A golf course of the Thornburgh. Resort. The golf course includes lakes approved by the Conceptual Master Plan (CMP) and Final Master Plan (FMP) for the destination resort. The golf course and lakes will encompass approximately 93-acres, which includes 85 acres for golf course and eight (8) acres for lakes. The proposed golf course includes the typical elements such as 18-holes, greens/putting greens, teeing grounds, fairway, rough, sand challenges and other hazards (e.g. water), and a paved/gravel cart paths. In addition, pathways will connect from the residential lots to a path bordering the lake. The proposal does not include structures. According to the applicant, the golf clubhouse, welcome center, gatehouse, comfort station(s), and irrigation and pump house(s) will be proposed in a subsequent Site Plan Review request. The applicant states the following regarding the proposal (bold and italics emphasis by applicant). The applicant is proposing to develop the subject property with a golf course and lakes as authorized by Exhibit A8d1 of the approved FMP, Exhibit B of this application. Construction of the golf course was required in Phase A to comply, in part, with the version of DCC 18.113.060(E)(2005) and FMP Condition of Approval 33. The CMP decision explains: "At least one golf course, the restaurant and the meeting rooms are required to be constructed in Phase A, which is slated to be in the Tribute Village. These are required by DCC 18.113.060(E) in order to qualify Phase A as a destination resort..." ' The Tentative Plan was for 192 single-family lots, 24 additional single-family lots to be deed -restricted for overnight lodging units, 13 lots dedicated to overnight lodging units, private roads, emergency access roads, and lots and tracts for the development of resort facilities and utility facilities, as well as open space. The Site Plan Review was the development of certain utility facilities including a well, a well house, pump house, a reservoir, and an interim subsurface sewage disposal system. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 5 of 60 See, page 8, CU-05-20, Exhibit C. The other Phase A -required development described by Condition 33 of the FMP, including the Overnight Lodging Units (OLUs) and restaurant and meeting rooms, will be proposed in separate site plan applications. They will be developed or financially assured, as required by Condition 33, prior to the closure of sales, rental or lease of any residential dwellings or lots. The applicant is not attempting to evade any obligations imposed upon it by the FMP, including the obligation to provide specified lodging and guest facilities prior to the sale of residential lots in the resort described in Condition 33 by seeking approval of the golf course in a separate land use application. Instead, it is taking an orderly and logical step toward providing the Phase A resort amenities required prior to the sale of residential dwellings or lots. The applicant provided the following information regarding location and the open space relationship of the proposed uses. The location of the proposed golf course is within the golf area approved by the FMP. It includes areas to be platted as open space by the Phase A-1 tentative plan as well as land outside the Phase A-1 plat. The entire golf course is open space. Approval of the site plan will add 103 more acres of open space to the open space proposed on the approved Phase A-1 tentative plan. This additional 103 acres will bring the total land in Phase A to 617 acres and the total open space to approximately 444 acres. This means to about 72% of the land area will be open space, far more than the 50% required by DCC 18.113.060(D)(1) and FMP Condition 14. The applicant submitted an application in support of the proposal. The application materials are incorporated herein by reference. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and received the following comments. Central Oregon Irrigation District (COID): The following comments where submitted on January 7, 2020. The lands within the proposed development are located within the boundary of COID; however, COID does not have water rights or facilities located within the proposed development. Deschutes County Building Safety Division: Randy Scheid, Building Safety Director, submitted the following comments on December 26, 2019. The Deschutes County Building Safety Division code required Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. will be specifically addressed during the plan review process for any proposed structures and occupancies. All Building Code 247-19-000881-SP, Central Land and Cattle Company, LLC Page 6 of 60 required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Senior Transportation Planner: On December 30, 2019, Peter Russell submitted the following comments. I have reviewed the transmittal materials for 247-19-000881-SP for an 18-hole golf course on 85 acres at the Thornburgh destination resort in the Exclusive Farm Use (EFU) and Destination Resort (DR) zones. The golf course covers three tax lots with these three addresses, 67205 Cline Falls Highway, 15-12-00, Tax Lot 7700; 67555 Cline Falls Highway, 15-12-00, Tax Lot 7800; and 67545 Cline Falls Highway, 15-12-00, Tax Lot 7900. The golf course is on the southern edge of the property and is part of Phase A of the resort's development. just as in the recent tentative plat application for Phase A, the County will not require an updated traffic study. The applicant has agreed to the traffic mitigations identified in the original TIA for the Cline Falls Highway/site access and has an agreement regarding financial contributions to improving the US 20/Cook-OB Riley intersection. Thus, the transportation issues have already been resolved and further analysis is not needed. The property will have access to Cline Falls Highway, a County -maintained road, which is functionally classified as an arterial. The applicant will need to either provide a copy of a Deschutes County -issued access permit or be required to obtain one as a condition of approval to comply with DCC 17.48.210(A). Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,448 per p.m. peak hour trip. The original traffic study at Table 8 (Golf Course Trip Generation PM Peak Hour) indicates the proposed golf course would generate 10 p.m. peak hour trips. The original TIA based its analysis on a similar course, which was also in a resort, had 18 holes, and a strong seasonal component for when the course was played. Therefore, the applicable SDC is $44,480 ($4,448 X 10). The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. The County also has a 10- year payment plan available, but the applicant will need to apply as the payment plan requires review by the Road Department and Planning and approval by the Board of County Commissioners. If you have any questions, please let me know. Thanks. Oregon Department of State Lands (DSLI: Jevra Brown, Aquatic Resource Planner, provided the following comments on January 16, 2020. If this proposal has changes from what was proposed in WN2018-0455 then please submit a new WLUN. I don't see that we have any other documents regarding this project/parcel. If you are anticipating that the applicant will submit a delineation or permit application to us, you may check that an review status here http://www.statelandsonline.com/index.cfm?fuseaction=Home.home 247-19-000881-SP, Central Land and Cattle Company, LLC Page 7 of 60 Oregon Deschutes Basin Watermaster - District 11: Jeremy Giffin provided the following comments on December 24, 2019. The applicants have an active permit (G-17036) for a full build out rate of 9.28 CFS and 2,129.0 AF of water use for the resort. The applicant will need to mitigate for the consumptive use of the permit at several previously determined increments as shown in their incremental mitigation plan submitted to the Oregon Water Resources Department. For 2019 they were required to have 3.6 mitigation credits purchased for the first increment, which they provided. For years 2020-2024 they are required to provide 24.9 mitigation credits which they still have time to purchase, either through temporary credits or permanent credits. If at any time we find the applicant to be appropriating more water than is allowed per the mitigation plan we will regulate accordingly. As of the comment period the applicant is in compliance on their water usage and mitigation plan. Redmond Fire and Rescue: The following comments were submitted by Deputy Fire Marshal, Clara Butler, on December 24, 2019 (bold, italics, and underlined emphasis by Ms. Butler). Findings: Water and access requirements must be met. WATER: • Fire Safety during Construction - 2019 OFC 501.4 o Approved fire department access roads, required water supply, fire hydrants, and safety precautions shall be installed and serviceable prior to and during the time of construction. The requirements of NFPA 241 shall be followed until project is complete. Area with Fire Hydrants: • Water Supply - 2019 OFC 13105.1 o The minimum fire -flow requirements for one- and two- family dwellings having a fire -flow calculation area which does not exceed 3,600 sq ft (including the garage) shall be 1,000 gpm at 20 psi residual flow. Dwellings exceeding 3,600 sq ft shall use Table B105.4 o Exception: ■ A reduction in required fire flow of up to 50 %, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.3 (NFPA 13D) of the OFC. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 8 of 60 • Fire Hydrant - 2019 OFC 507.5.1 o Where a portion of the building is more than 400 ft from a hydrant on a fire apparatus access road as measured by an approved route around the exterior of the building, on -site hydrants and mains shall be provided where required. ■ Exception: For Group R3 occupancies, the distance requirement shall be 600 ft. • Private Fire Hydrants - If on site hydrates are required, these hydrates will be private hydrants. Per the City of Redmond water department, the hydrant system must be isolated by a DCDV. The DCDV brand, size and specification sheet must be included with the to -scale plans. The hydrant system will be designed and installed to the NFPA 24 (2016) standard. The site plans submitted will clearly show details for the private fire service mains and the hydrants per NFPA 24 (2016) section 4.1.3. Site plans per the above requirements shall be submitted along with an engineered fire flow analysis. These systems will be inspected, tested and functional prior to combustible construction. • Area Separation - 2019 OFC B104.2 o Portions of buildings which are separated by fire walls without openings constructed in accordance with the International Building Code are allowed to be considered as separate fire flow calculation areas. • Obstruction & Protection of Fire Hydrants - 2019 OFC 507.5.4 - 507.5.6 o A 3 foot clear space shall be maintained around the circumference of fire hydrant. When exposed to vehicular damage, concrete curbing, sidewalks, or 4 inch concrete filled bollards placed 3 feet from hydrant shall suitably protect fire hydrants. • Note: Before the application can be deemed complete a stamped engineered fire flow analysis will be required. ACCESS: • Premises Identification - 2019 OFC 505.1 o Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4" high and a .5 "stroke width. o Note: The street names shall follow the City of Redmond or Deschutes County grid names and numbers. • Required Access - 2019 OFC 504.1 o Exterior doors and openings shall be made readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 9 of 60 • Fire Apparatus Access Roads - 2019 OFC 503 & Appendix D o Fire apparatus access roads shall extend to within 150 ft of all portions of the building as measured by an approved route around the exterior of the building. o Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. o Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000 Ibs and shall be surfaced so as to provide all- weather driving capabilities. o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. o The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). • Fire Lanes - 2014 OFC 503.3 & D103.6 o Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read "No Parking Fire Lane". Spacing for signage shall be every 50 feet. • Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. o D103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on both sides of a fire lane. o D103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft wide shall have a Fire Lane signs posted on one side of the road as a fire lane. • Aerial Access Roads - 2019 OFC D105 o Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads and capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadways. o Access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of a building more than 30 feet in height. o At least one of the required access routes meeting above requirement shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building. • Dead -Ends - 2019 OFC 503.2.5 and D103.4 o Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for requirements. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 10 of 60 • D 103.4 Table: Length of Dead end: greater than 500 ft shall meet the turnaround requirements and the width of the road shall be a minimum of 26 ft clear for fire apparatus. • Additional Access - 2019 OFC 503.1.2 o The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, conditions or terrain, climatic conditions or other factors that could limit access. • Emergency Access Road Gates - 2019 OFC D103.5 o Minimum 20 feet wide. o Gates shall be swinging or sliding type. o Shall be able to be manually operated by one person. o Electric gates shall be equipped with a means of opening by emergency personnel & approved by fire official. o Locking devices shall be fire department padlocks purchased from A-1 Lock, Safe Co., Curtis Safe and Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an order form. o Section 503.3: Install a sign on the gate "Emergency Access" • Key Boxes - 2019 OFC 506.1 o An approved key box shall be installed on all structures equipped with a fire alarm system and /or sprinkler system. Approved key boxes can only be purchased at A-1 Lock Safe Co., Curtis Safe and Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an order form. • One and Two Family Residential Developments - 2019 OFC D107 o Developments where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section D 104.3. Unless, all dwellings are equipped with and approved automatic sprinkler system. o Remoteness - 2019 OFC D107.2 Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal of the property or area to be served, measured in a straight line between accesses. The following agencies did not respond or had no significant comments: Central Electric Cooperative, Deschutes County Assessor, Deschutes County Environmental Health Division, Deschutes County Environmental Soils Division, Deschutes County Legal Counsel, Deschutes County Property Address Coordinator, Deschutes County Road Department, Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Oregon Department of Transportation, and Tumalo Irrigation District. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 11 of 60 PUBLIC COMMENTS: The Planning Division sent notice of this proposal to all property owners within 750 feet of the subject property. The following comments were received. December 18, 2019, Nunzie Gould - The following email correspondence included the attached SC order allowing review as noted. In light of the Oregon Supreme Court December 12, 2019 Order Allowing Review (Supreme Court 5067074, Court of Appeals A171603) attached, Please check -in with County Legal this morning prior to assigning any planner to 247-19-000881-SP for orderly CDD process. December 18, 2019, David Arnold - As an interested party, Mr. Arnold requested to include his email and mailing address to the record. January 1, 2020, David Arnold -The following email correspondence included three photographs of the posted land use action sign that is discussed. Cynthia, I visited the location where the above sign is located. According to the Sign Posting Instructions: in your letter to Kameron, the sign should be posted so that it is clearly visible and should be located 10 to 15 feet from the road. I have attached some photos of the site that show the sign is not placed as according to you [sic] directions. My pictures will show the sign is about 40 feet from the road and is placed back in the trees making it difficult for vehicles driving by to see. Also the sign is located on the east side of Cline Falls road indicating the the [sic] Golf course and Lake will be east of the road when they will actually be located on the west side of Cline Falls Hwy. I would ask that the sign be moved to the west side of Cline Falls Hwy and be located at 10 to 15 feet from the road. At the signs current location it is unsafe for a vehicle to pull over to the rear the sign if it is seen. lanuary 6, 2020, Nunzie Gould - For more than 15 years using water for lakes and a new golf course has been a contentious issue in Tumalo. For this reason and others, I request that a public hearing be held on 247-19-000881-SP. Please provide the latitude and longitude for the Thornburgh Resort's ROW that abuts Cline Falls Highway (2ndary entrance) This is a request that the land use notice posted on the East side of Cline Falls Highway be posted on the west side of Cline Falls Highway since zero part of the Resort development is proposed on the East Side of the Highway and since the County has not even mailed NOA to the mailing list interested in Thornburgh resort that the County used in it's NOD dated 11-27-2019 and because the location of the land use notice is unsafe for reading because there is no shoulder northbound on the road to pull over to park 247-19-000881-SP, Central Land and Cattle Company, LLC Page 12 of 60 plus there is no crosswalk across Cline Falls Highway at the sign location for safe crossing of this highly trafficked road to get to the East side of the road. January 7. 2020, Nunzie Gould - Mailing address was provided for the record upon request by Planning staff. lanuary 7 2020, Attorney Karl G. Anuta - Mr. Anuta, representing Ms. Gould on some water related aspects of the resort project, requested his name and address be included in the record as an interested party. January 7 2020 Attorney Jeffrey L. Kleinman - Mr. Kleinman, representing Ms. Gould, requested his name and address be included in the record. January 9 2020 Attorney Carol MacBeth - Ms. MacBeth, representing Central Oregon LanclWatch (LandWatch), requested LanclWatch be included in the record as an interested party. In addition, Ms. MacBeth stated the following: LanclWatch is concerned that the above -referenced application for a golf course and lakes associated with the Thornburgh resort may not meet the applicable land use and water use approval criteria lanuary 13 2020 Sage and Lynne Dorsey - Mr. Dorsey requested him and his wife be added to the record as an interested party. January 17, 2020, Nunzie Gould - The following email correspondence included the noted Oregon Water Resources Department (OWRD) Order dated January 31, 2019. Kindly enter the attached Order on Reconsideration Withdrawing Final Order Approving Extension of Time for Permit G-17036 into the record. Please also identify the driveway permit with street address for the golf course access road where it intersects with Cline Falls Road. January 17 2020, Attorney Karl G. Anuta - Mr. Anuta's email correspondence included the two documents noted. Bold emphasis added by Mr. Anuta. Ms. Smidt - I understand that the applicant has claimed that it has water available for the propose use. That is not accurate. The applicant holds a permit that could have been proved up or certificated - but was not. The applicant sought an Extension of time to do that, but it did not do so until after the period for development under the permit had expired. Ms. Gould opposed Extension. OWRD issued a Final Order Extending the permit. Ms. Gould then appealed, or challenged that decision. Ultimately the agency withdrew the 247-19-000881-SP, Central Land and Cattle Company, LLC Page 13 of 60 Final Order extending the permit. The agency then issued a Final Order on Reconsideration and found that Ms. Gould had raised significant disputes about whether the permit could be extended, or not. I understand that the applicant referenced, but did not provide, the OWRD Order Withdrawing the Extension. It is not clear to me if the applicant referenced the subsequent agency Final Order sending the matter to Contested Case. A copy of both those two Orders are attached. The bottom line here is that right now, the permit is NOT extended. Until a Contested Case Hearing is held it is unclear whether it will ever be extended. So while the applicant still technically holds a permit, the fate of that permit is entirely up in the air at the moment. If the permit is not extended, then the applicant cannot legally take more water than it can prove it already been using at the time the development period under the permit expired (i.e. none). If the permit is extended, it is only then that the applicant can pursue drilling the wells called for in the permit and creating the infrastructure to deliver water. I trust that this information will be helpful the review of this matter Staff Comment: The applicant reviewed the above public comments and on January 22, 2020 provided the following response2, which primarily address Mr. Anuta and Ms. Gould's comments (bold and italics emphasis by applicant). Six exhibits were included with the following correspondence. Staff finds the applicant's response is a sufficient for addressing this issue. Please accept this letter as a response to the comments made by Karl Anuta and Nunzie Gould pertaining to the resort's water rights permit. These comments were filed after the close of the public comment period. In the event, you consider these comments, following is the applicant's formal response. Both Mr. Anuta and Ms. Gould raise water rights permit issues that were resolved in prior reviews. The claim that the water rights permit has expired because Ms. Gould has filed a protest of the extension and the resort cannot legally pump groundwater was raised by Ms. Gould and rejected by Hearings Officer Dan Olsen during the review of the Phase A-1 tentative plan. Ms. Gould raised this issue in her LUBA appeal. LUBA affirmed Mr. Olsen's rejection of Gould's argument. Review by Hearings Officer Olsen Gould raised and lost the "water permit has expired" argument in the previous Phase A- 1 Tentative Plan proceedings. In those proceedings, Janet Neuman, water lawyer for z The applicant's attorney provided a brief response on January 2, 2020 addressing public comments. However, the response came prior to those comments submitted on January 17, 2020 by Mr. Anuta and Ms. Gould. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 14 of 60 Central Land and Cattle Company, LLC ("Central") argued: "The bottom line is that Thornburgh holds valid water rights for this project, is in full compliance with those water rights, has exercised due diligence in pursuing water development to date, and stands ready to continue that diligent development going forward, including fully mitigating for project impacts in accordance with the requirements of OWRD rules, Pinnacle's water permit, and its approved Incremental Development Plan" See Exhibit 1: Page 4, Neuman September 11, 2018 letter. In a subsequent letter, dated September 25, 2018 Ms. Neuman expanded on those contentions stating the permit is in full force and effect (Exhibit 2). OWRD also disagreed with Gould's claims. On August 24, 2018, after Gould had filed her protest of the extension of the OWRD water rights permit, Jeremy Giffin, OWRD, Watermaster for the Deschutes Basin sent an email to the County stating: "Thornburgh has done everything needed to be in compliance and good standing with OWRD in regard to permit G-17036 as well as purchasing mitigation credits and providing in stream flow benefits without even using any water yet" (Exhibit 3). According to OWRD, the applicant had done more than it was required to do. Given the expert and Agency evidence in opposition to Gould's position Hearing Officer Dan Olsen rejected Gould's claims. In doing so Hearing Officer Olsen referred to the OWRD email and Ms. Neuman's claims that the permit was in full force and effect, which according to him meant that "the extension approval remains valid pending resolution of the appeal." Hearing Officer Olsen further noted that Ms. Neuman stated that the permit holder may proceed with development and use of water and found that Condition 10 is primarily "an information requirement requiring documentation of the state water permit and an accounting of mitigation 'under the water right."' See Exhibit 4, Page 33, TP Decision. Review by LUBA Gould appealed the water permit issue to LUBA arguing "the challenged decision [the permit extension] is invalid because the initial OWRD water permit had expired, and thus the tentative plan cannot be approved..." LUBA noted that the Intervenor [Central] argued "that the current record demonstrates that intervenor has a valid water right and petitioner's protest of the extension does not render permit void." LUBA rejected Gould's claims, stating: "We agree that the hearing officer did not err in ...... concluding that, based on the record before him, intervenor had established a valid water right." See Exhibit 5, LUBA page 32-34. Review of Golf Course Site Plan In spite of having her claims fully rejected by all parties in the previous proceeding, Gould raises the same issue again. Nothing has changed. In this current site plan proceeding, Jeremy Giffin, OWRD Watermaster, again confirms: "The applicants have an active permit (G-13076) for a full build out rate of 9.28 CFS and 2,129 AF of water use for the resort." 247-19-000881-SP, Central Land and Cattle Company, LLC Page 15 of 60 Mr. Giffin goes on to detail the mitigation requirements for the consumptive uses of the permit at several previously determined increments as shown in their incremental mitigation plan submitted to OWRD and then concludes that: "As of the comment period the applicant is in compliance on their water usage and mitigation plan." See Exhibit 6, Jeremy Giffin email, December 24, 2019. OWRD's comments highlight the fallacy of Mr. Anuta's arguments. NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of Section 22.24.030(B) of Deschutes County Code (DCC) Title 22. The applicant submitted a Land Use Action Sign Affidavit, dated December 14, 2019, indicating the applicant posted notice of the land use action on December 23, 2019. Staff Comment: Noted above under Public Comments, Mr. Arnold and Ms. Gould expressed concerns regarding the posting of the land use action sign. Section 22.24.030(B) of DCC Title 22 specifies: B. Posted Notice. 1. Notice of a land use action application for which prior notice procedures are chosen shall be posted on the subject property for at least 10 continuous days prior to any date set for receipt of comments. Such notice shall, where practicable, be visible from any adjacent public way. Based on the photos provided by Mr. Arnold and staff site visit, the sign was posted on the subject property. In addition, the sign was visible from the road. Beyond the plain language of the criterion, no additional requirements are placed on the posting location of the sign. Staff finds that this requirement is met. REVIEW PERIOD: The application was submitted to the Planning Division on December 11, 2019. An incomplete application letter was sent on January 9, 2020. The applicant provided additional information and the application was subsequently deemed complete on January 10, 2020. Based on this information, the 150th day on which the County must issue a final local land use decision is June 8, 2020. III. FINDINGS AND CONCLUSIONS: Title 18, Deschutes County Zoning Ordinance CHAPTER 18.16. EXCLUSIVE FARM USE ZONES Section 18.16.035. Destination Resorts. Destination resorts may be allowed, where mapped, as a conditional use, subject to an applicable standards of the Destination Resort Zone. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 16 of 60 FINDING: The subject property is within the EFU Zone as well as the Destination Resort Combining Zone. The property has previously received conditional use approval for the Thornburgh Resort, as described in this decision. The CMP and FMP set out dimensional standards for development that supersede Chapter 18.16. CHAPTER 18.113. DESTINATION RESORTS ZONE Section 18.113.040. Application Submission. C. Site Plan Review. Each element or development phase of the destination resort must receive additional approval through the required site plan review (DCC 18.124) or subdivision process (DCC Title 17). In addition to findings satisfying the site plan or subdivision criteria, findings shall be made that the specific development proposal complies with the standards and criteria of DCC 18.113 and the FMP. FINDING: The applicant has submitted a Site Plan Review application for the golf course required in Phase A of the development. Findings of compliance for applicable sections of Titles 18 of the Deschutes County Code, and the FMP, are addressed below. Section 18.113.060. Standards for Destination Resorts. The following standards shall govern consideration of destination resorts: A. The destination resort shall, in the first phase, provide for and include as part of the CMP the following minimum requirements: FINDING: Staff finds that this criterion imposes a requirement to include the minimum requirements of DCC 18.113.060 as part of the CMP. That requirement was met in the final CMP approval. It also requires that these requirements be provided for in the first phase. As such, findings under DCC 18.113.060 are required as part of this first phase site plan approval. 1. At least 150 separate rentable units for visitor oriented overnight lodging as follows: a. The first 50 overnight lodging units must be constructed prior to the closure of sales, rental or lease of any residential dwellings or lots. b. The resort may elect to phase in the remaining 100 overnight lodging units as follows: i. At least 50 of the remaining 100 required overnight lodging units shall be constructed or guaranteed through surety bonding or equivalent financial assurance within 5 years of the closure of sale of individual lots or units, and, ii. The remaining 50 required overnight lodging units shall be constructed or guaranteed through surety bonding or equivalent financial assurance within 10 years of the closure of sale of individual lots or units. iii. If the developer of a resort guarantees a portion of the overnight lodging units required under subsection 18.113.060(A)(1)(b) through surety bonding or other equivalent financial assurance, the overnight lodging units must be constructed 247-19-000881-SP, Central Land and Cattle Company, LLC Page 17 of 60 within 4 years of the date of execution of the surety bond or other equivalent financial assurance. iv. The 2.5.1 accommodation ratio required by DCC 18.113.060(D)(2) must be maintained at all times. c. if a resort does not chose to phase the overnight lodging units as described in 18.113.060(A)(1)(b), then the required 150 units of overnight lodging must be constructed prior to the closure of sales, rental or lease of any residential dwellings or lots. FINDING: The applicant is proposing recreational facilities (golf course and lakes), not rentable units. Therefore, this criterion does not apply to the review of the submitted site plan. 2. Visitor oriented eating establishments for at least 100 persons and meeting rooms which provide seating for at least 100 persons. FINDING: The applicant is not proposing visitor -oriented eating establishment. This criterion is not applicable at this time. 3. The aggregate cost of developing the overnight lodging facilities, developed recreational facilities, and the eating establishments and meeting rooms shall be at least $ 7,000,000 (in 1993 dollars). FINDING: The applicant is not proposing overnight lodging facilities, eating establishments, or meeting rooms. This criterion is not applicable at this time. 4. At least $ 2,333,333 of the $7,000,000 (in 1993 dollars) total minimum investment required by DCC 18.113.060(A)(3) shall be spent on developed recreational facilities. FINDING: Thornburgh Destination Resort CMP and FMP were reviewed under the previous code provisions that required at least $2,000,000 (in 1984 dollars) be spent on developed recreational facilities. As discussed below under FMP Condition 33(D), the proposed recreational facilities (golf course and lakes) will allow the applicant to come into compliance with this criterion by developing the recreational amenities prior to the sale of residential lots. See additional finding for FMP Condition (33)(E) discussed below. S. The facilities and accommodations required by DCC 18.113.060(A)(2) through (4) must be constructed or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots or as allowed by DCC 18.113.060(A)(1). FINDING: Similar to criterion (4) above, the Thornburgh Destination Resort was reviewed under former code provisions, which stated the following: 247-19-000881-SP, Central Land and Cattle Company, LLC Page 18 of 60 The facilities and accommodations required by DCC 18.113.060 must be physically provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots. As noted below under FMP Condition 33(E), the proposal will allow the applicant to continue compliance with FMP Condition 33(D) by developing the golf course prior to the sale of residential lots. The applicant indicates that the cost of the amenities will exceed $2,000,000 in 1984 dollars thus meeting this criterion. Otherwise, the applicant will financially assure the construction as allowed. Based on this information, staff finds that the golf course shall be physically provided or financially assured prior to closure of sales, rental, or lease of any residential dwellings or lots as discussed below under FMP Condition 33(D). This criterion will be met as conditioned. See further discussion in FMP Condition 33(D) below. B. All destination resorts shall have a minimum of 160 contiguous acres of land. Acreage split by public roads or rivers or streams shall count toward the acreage limit, provided that the CMP demonstrates that the isolated acreage will be operated or managed in a manner that will be integral to the remainder of the resort. FINDING: No changes are proposed to the previously approved contiguous acreage of the Resort. This criterion has been met. C. All destination resorts shall have direct access onto a state or County arterial or collector roadway, as designated by the Comprehensive Plan. FINDING: No changes are proposed to the previously approved accesses for the Resort. This criterion has been met. D. A destination resort shall, cumulatively and for each phase, meet the following minimum requirements: 1. The resort shall have a minimum of 50 percent of the total acreage of the development dedicated to permanent open space, excluding yards, streets and parking areas. Portions of individual residential lots and landscape area requirements for developed recreational facilities, visitor oriented accommodations or multifamily or commercial uses established by DCC 18.124.070 shall not be considered open space, FINDING: This requirement has been satisfied. 2. Individually owned residential units that do not meet the definition of overnight lodging in DCC 18.04.030 shall not exceed two and one-half such units for each unit of visitor oriented overnight lodging. Individually owned units shall be considered visitor oriented lodging if they are available for overnight rental use by the general public for at least 38 weeks per calendar year through one or more central reservation and check in service(s) operated by the destination resort or by a real estate property manager, as defined in ORS 696.010. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 19 of 60 a. The ratio applies to destination resorts which were previously approved under a different standard. FINDING: The applicant is proposing recreational amenities (golf course and lakes) and does not include any dwelling or overnight lodging units. Therefore, this criterion is not applicable. E. Phasing. A destination resort authorized pursuant to DCC 1 & 113.060 may be developed in phases. If a proposed resort is to be developed in phases, each phase shall be as described in the CMP. Each individual phase shall meet the following requirements: 1. Each phase, together with previously completed phases, if any, shall be capable of operating in a manner consistent with the intent and purpose of DCC M 113 and Goal & 2. The first phase and each subsequent phase of the destination resort shall cumulatively meet the minimum requirements of DCC M 113.060 and DCC 1 & 113.070. 3. Each phase may include two or more distinct noncontiguous areas within the destination resort. FINDING: The proposed recreational amenities are part of the first phase of the Thornburgh Resort. No Resort phasing is included in this proposal. F. Destination resorts shall not exceed a density of one and one half dwelling units per acre including residential dwelling units and excluding visitor oriented overnight lodging. FINDING: This criterion is similar to FMP Condition 20 discussed below. Staff finds the following response by the applicant for Condition 20 is a sufficient for meeting this criterion. This Site Plan adds 103 acres of open space to the total area proposed for resort development platting by the tentative plan without adding dwelling units. Hearings Officer Olsen found that Phase A-1 included 514 acres with 192 single-family dwelling units and the further applications related to Phase A are limited to the maximum of .72 dwelling units per acre cumulatively for Phase A. The 103 acres added by this site plan along with the 514 acres of Phase A-1 equals 617 acres which reduces to about .31 the dwelling units per acre. This is far below the maximum density allowed by code of 1.5 units per acre or the FMP density of .72 residential dwelling units per acre. This condition is met. G. Dimensional Standards: 1. The minimum lot area, width, lot coverage, frontage and yard requirements and building heights otherwise applying to structures in underlyingzones and the provisions of DCC M116 relating to solar access shall not apply within a destination resort. These standards shall be determined by the Planning Director or Hearings Body at the time of the CMP. In determining these standards, the Planning Director or Hearings Body shall find that the minimum specified in the CMP are adequate to satisfy the intent of the comprehensive plan relating to solar access, fire protection, vehicle access, visual management within landscape management corridors and to protect resources identified by LCDC Goal 5 which are identified in the Comprehensive Plan. At a 247-19-000881-SP, Central Land and Cattle Company, LLC Page 20 of 60 minimum, a 100 foot setback shall be maintained from all streams and rivers. Rimrock setbacks shall be as provided in DCC Title 18. No lot for a single family residence shall exceed an overall project average of 22,000 square feet in size. 2. Exterior setbacks. a. Except as otherwise specified herein, all development (including structures, site obscuring fences of over three feet in height and changes to the natural topography of the land) shall be setback from exterior property lines as follows: i. Three hundred fifty feet for commercial development including all associated parking areas, ii. Two hundred fifty feet for multi family development and visitor oriented accommodations (except for single family residences) including all associated parking areas, in. One hundred fifty feet for above grade development other than that listed in DCC 18.113.060(G)(2)(a)(i) and (ii), iv. One hundred feet for roads; v. Fifty feet for golf courses, and vi. Fifty feet for jogging trails and bike paths where they abut private developed lots and no setback for where they abut public roads and public lands. b. Notwithstanding DCC 18.113.060(G)(2)(a)(iii), above grade development other than that listed in DCC 18.113.060(G)(2)(a)(i) and (ii) shall be set back 250 feet in circumstances where state highways coincide with exterior property lines. c. The setbacks of DCC 18.113.060 shall not apply to entry roadways and signs. FINDING: Exterior setbacks are depicted on the CMP, FMP, and the tentative plan. The submitted site plan drawings also depict the exterior setbacks. All proposed elements conform to exterior setback requirement of 50 feet for golf courses. The proposed lakes are not considered "above -grade development." Therefore, they not subject to a specific setback. For reference, however, the lakes far exceed the setback requirements for above -grade development. As noted in DCC 18.113.060(G)(1), the underlying zoning requirements such as minimum lot area, width, coverage, frontage, setbacks, and building heights not apply within the destination resort. Based on this information, no setback standards from the underlying EFU zone apply to the proposed golf course and lakes. H. Floodplain requirements. The floodplain zone (FP) requirements of DCC 18.96 shall apply to all developed portions of a destination resort in an FP Zone in addition to any applicable criteria of DCC 18.113. Except for floodplain areas which have been granted an exception to LCDCgoals 3 and 4, floodplain zones shall not be considered part of a destination resort when determining compliance with the following standards, 1. One hundred sixty acre minimum site, 2. Density of development; 3. Open space requirements. A conservation easement as described in DCC Title 18 shall be conveyed to the County for all areas within a floodplain which are part of a destination resort. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 21 of 60 FINDING: According to the Flood Insurance Rate Map for Deschutes County, the subject property is not located in the 100-year flood plain. The Landscape Management Combining Zone (LM) requirements of DCC 18.84 shall apply to destination resorts where applicable. FINDING: The subject property does not fall within the LM Zone and thus DCC 18.84 does not apply. J. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland shall be a separate conditional use subject to all pertinent requirements of DCC Title 18. FINDING: According to the National Wetlands Inventory the subject property does not contain mapped wetlands. Moreover, the property does not contain a stream or river. K. Time-share units not included in the overnight lodging calculations shall be subject to approval under the conditional use criteria set forth in DCC 18.128. Time-share units identified as part of the destination resort's overnight lodging units shall not be subject to the time-share conditional use criteria of DCC 18.128. FINDING: No time-share units are included in this proposal. L. The overnight lodging criteria shall be met, including the 150-unit minimum and the 2-112 to 1 ratio set forth in DCC 18.113.060(D)(2). 1. Failure of the approved destination resort to comply with the requirements in DCC 18.113.060(L)(2) through (6) will result in the County declining to accept or process any further land use actions associated with any part of the resort and the County shall not issue any permits associated with any lots or site plans on any part of the resort until proof is provided to the County of compliance with those conditions. 2. Each resort shall compile, and maintain, in perpetuity, a registry of all overnight lodging units.... 3. An annual report shall be submitted to the Planning Division by the resort management or home owners association(s) each February 1, documenting all of the following as of December 31 of the previous year... 4. To facilitate rental to the general public of the overnight lodging units, each resort shall set up and maintain in perpetuity a telephone reservation system. S. Any outside property managers renting required overnight lodging units shall be required to cooperate with the provisions of this code and to annually provide rental information on any required overnight lodging units theyrepresent to the central office as described in DCC 18.113.060(L)(2) and (3). 6. Before approval of each final plat, all the following shall be provided... 7. Compliance Fee... 247-19-000881-SP, Central Land and Cattle Company, LLC Page 22 of 60 FINDING: The applicant is proposing recreational facilities (golf course and lakes), not overnight lodging units. Therefore, this criterion does not apply to the review of the submitted site plan. Section 18.113.070. Approval Criteria. In order to approve a destination resort, the Planning Director or Hearings Body shall find from substantial evidence in the record that. A. The subject proposal is a destination resort as defined in DCC 18.040.030. FINDING: Staff finds the subject applications support the Thornburgh Resort's continued compliance with the destination resort definition under DCC 18.040.030. B. All standards established by DCC 18.113.060 are or will be met. FINDING: Findings of compliance with DCC 18.113.060 are addressed in this decision. C. The economic analysis demonstrates that. 1. The necessary financial resources are available for the applicant to undertake the development consistent with the minimum investment requirements established by DCC 18.113. 2. Appropriate assurance has been submitted by lending institutions or other financial entities that the developer has or can reasonably obtain adequate financial support for the proposal once approved. 3. The destination resort will provide a substantial financial contribution which positively benefits the local economy throughout the life of the entire project, considering changes in employment, demands for new or increased levels of public service, housing for employees and the effects of loss of resource land. 4. The natural amenities of the site considered together with the identified developed recreation facilities to be provided with the resort, will constitute a primary attraction to visitors, based on the economic feasibility analysis. FINDING: The economic analysis was approved as part of the initial CMP approval. This proposal does not affect the prior findings of fact made in the CMP and FMP for this approval criterion. D. Any negative impact on fish and wildlife resources will be completely mitigated so that there is no net loss or net degradation of the resource. FINDING: The FMP Conditions 37 and 38, discussed below, address impacts and mitigation of fish and wildlife resources. As noted under Condition 37, the applicant has satisfied compliance with this criterion. Moreover, the obligation to abide by the April 2008 Wildlife Mitigation Plan, the August 2008 Supplement, and agreements with the BLM and ODFW for management of off - site mitigation efforts, as noted under Condition 38, is ongoing and requires annual reporting to ensure compliance. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 23 of 60 E. Important natural features, including but not limited to significant wetlands, riparian habitat, and landscape management corridors will be maintained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands will be maintained. Alterations to important natural features, including placement of structures, is allowed so long as the overall values of the feature are maintained. FINDING: The existing CMP and FMP approvals identify no important natural features on the subject property. F. The development will not force a significant change in accepted farm or forest practices or significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. FINDING: There are no agricultural fields, crops, or intensive agricultural use near the Thornburgh Resort or the proposed recreational facilities. An agricultural assessment was approved as part of the initial CMP approval. This proposal does not affect the prior findings of fact made in the CMP and FMP for this approval criterion. G. Destination resort developments that significantly affect a transportation facility shall assure that the development is consistent with the identified function, capacity and level of service of the facility. This shall be accomplished by either. 1. Limiting the development to be consistent with the planned function, capacity and level of service of the transportation facility, 2. Providing transportation facilities adequate to support the proposed development consistent with Oregon Administrative Rules chapter 660, Division 12, or 3. Altering land use densities, design requirements or using other methods to reduce demand for automobile travel and to meet travel needs through other modes. A destination resort significantly affects a transportation facility if it would result in levels of travel or access that are inconsistent with the functional classification of a facility or would reduce the level of service of the facility below the minimum acceptable level identified in the relevant transportation system plan. a. Where the option of providing transportation facilities is chosen, the applicant shall be required to improve impacted roads to the full standards of the affected authority as a condition of approval. Timing of such improvements shall be based upon the timing of the impacts created by the development as determined by the traffic study or the recommendations of the affected road authority. b. Access within the project shall be adequate to serve the project in a safe and efficient manner for each phase of the project. FINDING: The proposed project will not adversely impact traffic at the Thornburgh Resort, as confirmed by the comments provided by the Deschutes County Transportation Planner. H. The development will not create the potential for natural hazards identified in the County Comprehensive Plan. No structure will be located on slopes exceeding 25 percent. A wildfire management plan will be implemented to ensure that wildfire hazards are 247-19-000881-SP, Central Land and Cattle Company, LLC Page 24 of 60 minimized to the greatest extent practical and allow for safe evacuation. With the exception of the slope restriction of DCC 1&113.070, which shall apply to destination resorts in forest zones, wildfire management of destination resorts in forest zones shall be subject to the requirements of DCC 1&40.070, where applicable, as to each individual structure and dwelling. FINDING: This criterion is similar to FMP Conditions 18 and 19 discussed below. The applicant has not proposed development on slopes of 25% or more. In addition, staff finds the following response by the applicant for Condition 19 is a sufficient for meeting this criterion. Applicant has informed the Redmond Fire Department and Deschutes County Sheriff of its filing of this application. Applicant previously coordinated with the Oregon State Police and ODOT to develop its evacuation plans. The FMP includes a Wildfire & Natural Hazard Protection Plan, Exhibit M of this application. The proposed site plan does not violate that plan or preclude implementation of the plan. This condition is met. 1. Adequate public safety protection will be available through existing fire districts or will be provided onsite according to the specification of the state fire marshal. If the resort is located outside of an existing fire district the developer will provide for staffed structural fire protection services. Adequate public facilities to provide for necessary safety services such as police and fire will be provided on the site to serve the proposed development. FINDING: This criterion is similar to FMP Condition 17 discussed below. As noted, there are some fire protection requirements that apply to the proposed recreational amenities, while others are related to dwelling and structural development. The emergency roadway improvements will be made according to the standards required by the FMP prior to approval of the final plat (FMP Condition 4). Staff finds the following response by the applicant for Condition 17 is a sufficient for meeting this criterion. All development will meet fire protection requirements imposed by code or as a condition of approval based on the requirements of the Redmond Fire Department. This site plan shows access roads that were approved as part of the Tentative Plan Phase A-1 and identifies those that will be built to access the golf course See Attachment 1: Golf Course and Lake Site Plan Page 2.4. FMP Condition 17 has been added as a condition of approval to include that all applicable development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department (Redmond Fire & Rescue). Moreover, as required under DCC 18.124.060, the applicant shall provide written confirmation from the Redmond Fire Department that all applicable fire safety standards are met; including this development's compliance with the resort's Wildfire/Natural Hazard Protection Plan shall be submitted prior to commencement of construction, earthmoving, or clearing. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 25 of 60 J. Streams and drainage. Unless otherwise agreed to in writing by the adjoining property owner(s), existing natural drainages on the site will not be changed in any manner which interferes with drainage patterns on adjoining property. All surface water drainage changes created by the development will be contained on site in a manner which meets all standards of the Oregon State Department of Environmental Quality (DEQ). The erosion control plan for the subject development will meet all standards of ORS 468. FINDING: The existing CMP and FMP approvals identify no natural drainages on the subject property. The applicant indicates that surface water drainage will be controlled, as demonstrated in the erosion control plan submitted as part of the Tentative Plan for Phase A-1 (file nos. 247-18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA)3. Furthermore, the golf course is designed such that it will contain water and prevent adverse impacts. Additionally, the lakes are proposed so that they will not create drainage issues. This criterion will be met. K. Adequate water will be available for all proposed uses at the destination resort, based upon the water study and a proposed water conservation plan. Water use will not reduce the availability of water in the water impact areas identified in the water study considering existing uses and potential development previously approved in the affected area. Water sources shall not include any perched water table. Water shall only be taken from the regional aquifer. Where a perched water table is pierced to access the regional aquifer, the well must be sealed off from the perched water table. FINDING: This proposal does not affect the previous determination of compliance with this criterion. Adequate water for the resort has been an issue throughout the land use history of the Thornburgh Resort. However, these issues have been resolved. Accordingly, Jeremy Giffin, District 11 Oregon Deschutes Basin Watermaster, has indicated, "[TJhe applicant is in compliance on their water usage and mitigation plan." L. The wastewater disposal plan includes beneficial use to the maximum extent practicable. Approval of the CMP shall be conditioned on applicant's making application to DEQ for a Water Pollution Control Facility (WPCF) permit consistent with such an approved wastewater disposal plan. Approval shall also be conditioned upon applicant's compliance with applicable Oregon Administrative Rules regarding beneficial use of waste water, as determined by DEQ. Applicant shall receive approval of a WPCF permit consistent with this provision prior to applying for approval for its Final Master Plan under DCC 18.113. FINDING: The applicant is proposing recreational amenities (golf course and lakes) and does not include modifying the already approved wastewater disposal plan. As noted under FMP Condition 15, the applicant has already obtained an approved WPCF permit M. The resort will mitigate any demands it creates on publicly -owned recreational facilities on public lands in the surrounding area. 3 As noted in the above footnote 1, staff submitted into the record for reference the drawings related to Phase A-1 Tentative Plan. The erosion control plan, dated April 30, 2018, was developed by a licensed professional engineer at the Hickman, Williams & Associates, Inc. (HWA) engineering firm. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 26 of 60 FINDING: This proposal does not materially affect the previous determination of compliance with this criterion. N. Site improvements will be located and designed to avoid or minimize adverse effects of the resort on the surrounding land uses. Measures to accomplish this may include establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and appropriate fences, berms, landscaped areas and similar types of buffers, and setback of structures and other developments from adjacent land uses. FINDING: The subject tract is buffered from surrounding resort lands to the north, south, east, and west and public lands to the south. Accordingly, the proposal will have no significant impacts on such properties. This proposal does not affect the prior findings of fact made in the CMP and FMP for this approval criterion. O. The resort will be served by an on -site sewage system approved by DEQ and a water system approved by the Oregon State Health Division except where connection to an existing public sewer or water system is allowed by the County Comprehensive Plan, such service will be provided to the resort. FINDING: The applicant is proposing recreational amenities (golf course and lakes) and does not include modifying the already approved on -site sewage system. Therefore, the proposal will not affect the prior findings of fact made in the CMP and FMP for this approval criterion. Therefore, this criterion is not applicable. P. The destination resort will not alter the character of the surrounding area in a manner that substantially limits, impairs or prevents permitted or conditional uses of surrounding properties. FINDING: Staff finds that this proposal will result in no new off -site impacts that substantially limit, impair, or prevent permitted or conditional uses of surrounding properties. Q. Commercial, cultural, entertainment or accessory uses provided as part of the destination resort will be contained within the development and will not be oriented to public highways adjacent to the property. Commercial, cultural and entertainment uses allowed within the destination resort will be incidental to the resort itself. As such, these ancillary uses will be permitted only at a scale suited to serve visitors to the resort. The commercial uses permitted in the destination resort will be limited in type, location, number, dimensions and scale (both individually and cumulatively) to that necessary to serve the needs of resort visitors. A commercial use is necessary to serve the needs of visitors if.* 1. Its primary purpose is to provide goods or services that are typically provided to overnight or other short-term visitors to the resort, or the use is necessary for operation, maintenance or promotion of the destination resort, and 247-19-000881-SP, Central Land and Cattle Company, LLC Page 27 of 60 2. The use is oriented to the resort and is located away from or screened from highways or other major through roadways. FINDING: The proposed golf course and lakes will be contained within the development and not oriented to public highways adjacent to the property. The proposed golf course is oriented in an east to west configuration with the closest hole (Hole 13) approximately 330 feet west of Cline Falls Highway. In addition to the distance, the recreational facility will be separated from the highway with natural landscaping and topography. The proposed lakes will be further away from the highway, also with intervening vegetation and topography. This criterion will be met. R. A plan exists to ensure a transfer of common areas, facilities such as sewer, water, streets and responsibility for police and fire protection to owners' associations or similar groups if contemplated. If such transfer is not contemplated, the owner or responsible party shall be clearly designated. Adequate open space, facility maintenance and police and fire protection shall be ensured in perpetuity in a manner acceptable to the County. FINDING: The use of the CC&Rs, as contemplated in the CMP and FMP for transfer of such areas to a homeowner's association, where applicable, would not change under this proposal. S. Temporary structures will not be allowed unless approved as part of the CMP. Temporary structures will not be allowed for more than 18 months and will be subject to all use and site plan standards of DCC Title I& FINDING: No temporary structures are included in this proposal. T. The open space management plan is sufficient to protect in perpetuity identified open space values. FINDING: Even after completion of the development, the Thornburgh Resort will continue to meet the minimum 50 percent open space requirement. CHAPTER 18.124. SITE PLAN REVIEW Section 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following. 1. All conditional use permits where a site plan is a condition of approval, 2. Multiple family dwellings with more than three units; 3. All commercial uses that require parking facilities; 4. All industrial uses, 247-19-000881-SP, Central Land and Cattle Company, LLC Page 28 of 60 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards, and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SM/A). FINDING: The proposed golf course and lakes are resort recreation amenities that require Site Plan Review is required under 18.113.040(C) above. Site Plan Review is also required by the CMP/FMP. Section 18.124.060. Site Plan Approval Criteria. Approval of a site plan shall be based on the following criteria: A. The proposed development shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. FINDING: The applicant states the following regarding this criterion. The Resort is required to provide one golf course in Phase A. It is also allowed to build up to a total of three golf courses by the CMP/FMP approval. The golf course and lakes were allowed as a part of the FMP approval after meeting the extensive requirements of 18.113. The golf course has been designed in the minimalist philosophy; that is, it will be constructed to minimize the impacts and to relate harmoniously to the natural environment. The golf course will take advantage of natural features, interesting trees, rock outcroppings, elevated points, natural valleys and swales. It will protect and enhance topographical features and will, to a great extent, conform to the natural environment. The lake is located in an area that takes advantage of the natural contours of the land to minimize the amount of earthwork required. It will enhance the value of the surrounding property and improve the aesthetic beauty. It will also provide the water used to irrigate the golf course. In Father's House, files 247-18-000061-CU, 247-18-000062-SP, 247-18-000624-A, and 247-18- 000643-A, the Board of County Commissioners made the following finding regarding this standard. The Board agrees that DCC 18.124.060(A) is subjective and, at times, difficult to apply as the Hearings Officer observed. However, as the Board interprets the provision, DCC 18.124.060(A) does not require a particularly onerous exercise. It requires an applicant to show that its proposed site plan relates "harmoniously" to the natural environment and existing development. Unlike the conditional use standards of DCC 18.128.015(B), this standard does not indicate harmony achieved with "surrounding properties." However, the Board understands that the standard implies that the proposed development shall relate harmoniously on and off the subject property and generally 247-19-000881-SP, Central Land and Cattle Company, LLC Page 29 of 60 speaking, in the vicinity, by "minimizing visual impacts and preserving natural features including views and topographical features." The code does not define what it means to "relate harmoniously." The Hearings Officer reported that the online Oxford Living Dictionary defines "harmoniously' to mean arranging something "in a way that forms a pleasing or consistent whole." Both parties in this case, provided various interpretations of the term "harmonious." The Board is not adopting one interpretation of the term over another as each contributes equally to this evaluation. The Board concurs with the Hearings Officer that there is no "particularly useful case law defining or applying this term." In addition, the Board agrees, that the Hearings Officer is correct that a site plan should be approved in light of this meaning of "harmonious," so long as the proposed site plan does not create "more disharmony than other uses allowed by right or conditionally in the MUA-10 zone." In this regard, the Board finds that this standard presumes the use is approved and evaluates only whether the site plan for the use "relates harmoniously." The Board finds that the proposed church site plan meets the standard set forth in DCC 18.124.060(A). Specifically, the Board interprets DCC 18.124.060(A) to mean that an applicant must demonstrate that the site plan has arranged the development in a way that evaluates the natural environment and existing development in the area and in the process has minimized visual impacts and reasonably preserved natural features including views and topographic features. Minimizing visual impact, as with this case, may include introduced landscaping, design layout, and specific design elements such as siding and roofing color and material. In doing so, this enables the County decision maker to find that the site plan's impacts create no more disharmony than other uses allowed by right or conditionally in the MUA Zone. The Board agrees, in part, with the Hearings Officer that this standard is considered differentlywhen compared to the term "compatibility" and its associated standard of DCC 18.128.015(B). The chief differences between the two standards is that the DCC 18.128.015(B) compatibility standard evaluates the compatibility of the proposed use on existing and projected uses of surrounding properties and does so in light of specific factors that are not reproduced in DCC 18.124.060(A). The DCC 18.124.060(A) "harmonious" standard evaluates whether a proposed site plan "relates harmoniously to existing development and the natural environment" considering whether the site plan shows that the applicant has reasonably mitigated its impacts and reasonably preserved views. The Board observes that not every use that requires site plan approval also requires a conditional use permit. However, the Board finds that it is possible that a permitted or approved use is arranged so poorly on a site, that a proposed site plan must be denied under this standard. That is not the case here. Staff understands the BCC findings, cited above, make clear that the use itself is not the subject of review under this criterion. Rather, this criterion only evaluates whether the site plan for the use "relates harmoniously." Staff reads Father's House to require a demonstration, "...that the site plan has arranged the development in a way that evaluates the natural environment and 247-19-000881-SP, Central Land and Cattle Company, LLC Page 30 of 60 existing development in the area and in the process has minimized visual impacts and reasonably preserved natural features including views and topographic features." Staff finds the applicant's provides the required analysis and that this criterion will be met. With regard to siding and roofing color, staff finds that no structures are proposed. B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. FINDING: In response to this criterion, the applicant stated: As noted above the golf course is being designed and built with a minimalist philosophy where the entire design and development process aims to create the minimal amount of impacts to the natural environment and landscape. This is a key cornerstone of the resort's minimalist development philosophy, a concept popular 100 years ago. Fairways will be laid into the natural topography to minimize the earthwork required. The golf course will adapt and adjust to unique features, like rocks, ledges, valleys, and unique old growth juniper trees. It is a given that significant clearing will take place to accommodate golf play and provide for the safety of the golfers and employees. Furthermore, the removal of juniper trees is authorized by the Wildlife Management Plan to reduce water consumption and thereby benefit wildlife. Clearing will, however, be done with a light touch. Furthermore, minor refinements will be made during the clearing and construction process to preserve natural features, trees, and other interesting characteristics the land presents. The lake has been sited to take advantage of natural topography to minimize the earthwork. Staff concurs and finds, with the following condition of approval, this criterion will be met. Landscape & Topography Preservation: During construction of the golf course and lakes and as an ongoing condition of approval, the landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. FINDING: In response to this criterion, the applicant stated: Thornburgh will provide a core golf experience where, in large part, the golf course will sit in lightly sloping areas on the lower elevations, with the residential real estate above it, with a substantial separation between the two in many cases. For example, there are only 4 fairways with home frontage, while another 4 that offer cabin frontage. No fairways have lots on both sides of them. There are only 3 road crossings for the golf course, two of which cross a lightly used access road. The other is across a road serving 247-19-000881-SP, Central Land and Cattle Company, LLC Page 31 of 60 just 13 cabins. In short, there will be very little interaction between golfers and traffic or Resort residents who are not golfers. This design will enhance the safety of golfers, employees and homeowners. The transition from public to private areas will be clear with a natural environment/open space buffering between the two in most cases and safety set -backs to accommodate safe golf play. Staff concurs. Additionally, staff finds that a "safe environment" includes fire safety. Staff finds that the Advanced Oregon Wildfire Risk Explorer' identifies the subject property as at very high, high, and unidentified wildfire risk. As such, staff finds that development of the proposed project could present a hazard of igniting a wildfire. 'The FMP Condition 17 discussed below requires all development within the resort to meet all fire protection requirements of the Redmond Fire Department, including all minimum emergency roadway improvements. The applicant provides the following response to fire protection. All development will meet fire protection requirements imposed by code or as a condition of approval based on the requirements of the Redmond Fire Department. This site plan shows access roads that were approved as part of the Tentative Plan Phase A-1 and identifies those that will be built to access the golf course See Attachment 1: Golf Course and Lake Site Plan Page 2.4. FMP Condition 17 has been added as a condition of approval to include that all applicable development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department (Redmond Fire & Rescue). Moreover, as required under DCC 18.124.060, the applicant shall provide written confirmation from the Redmond Fire Department that all applicable fire safety standards are met; including this development's compliance with the resort's Wildfire/Natural Hazard Protection Plan shall be submitted prior to commencement of construction, earthmoving, or clearing. D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. FINDING: The proposed recreational amenities will include pathways accessible by golf cart, which will provide for those needs of disabled persons. This criterion will be met. E. The location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures shall be harmonious with proposed and neighboring buildings and structures. FINDING: As identified in the Tentative Plan for Phase A-1 (file nos. 247-18-000386-TP, 247-18- 000454-SP, and 247-18-000592-MA)5, primary access and secondary emergency access will be private roads with access from Cline Falls Road, which is a County -maintained rural arterial road. 4 https://tools.oregonexplorer.info/OE_HtmIViewer/index.html?viewer=wildfireplanning# 5 For reference for roads and erosion control plan, on March 10, 2020 staff submitted into the record the related Tentative Plan for Phase A-1 drawings. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 32 of 60 A third northern access road will connect to Eagle Crest Boulevard, a private road that will then connect to Highway 126. The previously approved configuration complies with the FMP. These roads will provide access to the golf course from different points of access. As noted by the applicant, 'The golf course provides a normal interior flow that runs from the 1 st hole through the 18th." There will be limited interaction between pedestrians and moving vehicles. The applicant is not proposing parking areas or buildings with this project. The applicant indicates that the road crossings will be signed. Staff finds the proposed improvements as discussed have been designed to be harmonious with proposed and neighboring buildings and structures. This criterion will be met. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. FINDING: As noted in a previous finding, the applicant indicates that surface water drainage will be controlled, as demonstrated in the erosion control plan submitted as part of the Tentative Plan for Phase A-1 (file nos. 247-18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA). The golf course is designed such that it will contain water and prevent adverse impacts. Furthermore, the lakes are proposed so that they will not create drainage issues. Based on this information, staff finds the proposed design will prevent adverse impacts on the neighboring properties, streets, or surface and subsurface water quality. This criterion will be met. G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires, and the like), loading and parking and similar accessory areas and structures shall be designed, located and buffered or screened to minimize adverse impacts on the site and neighboring properties. FINDING: The proposed recreational amenities do not include these types of facilities described here. Therefore, staff finds this criterion is not applicable. H. All above ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. FINDING: The applicant responded to this criterion as follows: All utilities proposed for this site plan are proposed to be located underground. As proposed, staff finds this criterion is met. Staff additional finds that no aboveground utility installations are proposed or approved by this application and that aboveground electrical, irrigation, or other similar installations will require separate site plan review to confirm compliance with this criterion. 1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). 247-19-000881-SP, Central Land and Cattle Company, LLC Page 33 of 60 FINDING: The required approval criteria of DCC Title 18, as well as the CMP/FMP, are addressed in other sections of this decision. J. All exterior lighting shall be shielded so that direct light does not project off site. FINDING: The applicant indicates that there will be no exterior lighting proposed with this project. To ensure compliance if lighting is added in the future, the following will be an added condition of approval. Exterior Lighting: As an ongoing condition of approval, all exterior lighting shall be shielded so that direct light does not project off site. K. Transportation access to the site shall be adequate for the use. 1. Where applicable, issues including, but not limited to, sight distance, turn and acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and pedestrian connections, shall be identified. 2. Mitigation for transportation -related impacts shall be required. 3. Mitigation shall meet applicable County standards in DCC 18.116.310, applicable Oregon Department of Transportation (ODOT) mobility and access standards, and applicable American Association of State Highway and Transportation Officials (AASHTO) standards. FINDING: The applicant states the following regarding transportation access to the golf course and lakes. The applicant is proposing to use the road system established by approval of the CMP/FMP and refined by the recently approved tentative plan for access. Mitigation for impacts of the golf course is provided by compliance with the transportation system mitigation requirements of the CMP/FMP and traffic impact agreements with ODOT, as determined by approval of the tentative plan. The applicant is enclosing an updated trip debit letter Exhibit X that demonstrates that the vehicle trips attributed to the golf course do not exceed the trips forecast by the Resort's approved transportation impact analysis. The Deschutes County Transportation Planner, whose comment is incorporated herein by reference, reviewed this project. No deficiencies in transportation access were identified and no mitigation is required. However, it was indicated that the applicant shall obtain driveway access permits for any new or existing unpermitted road accesses to Cline Falls Road pursuant to DCC 17.48.210(A). Driveway Access: Prior to initiation of use of the golf course and lakes, the applicant shall obtain driveway access permits for any new or existing unpermitted road accesses to Cline Falls Road pursuant to DCC 17.48.210(A). 247-19-000881-SP, Central Land and Cattle Company, LLC Page 34 of 60 Section 18.124.070. Required Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. FINDING: The applicant is not proposing residential development. The proposal is for resort recreational amenities. These criteria are not applicable. B. Required Landscaped Areas. 1. The following landscape requirements are established for multi family, commercial and industrial developments, subject to site plan approval. a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the final site plan and not otherwise improved shall be landscaped. FINDING: This project is not a multi -family, commercial, or industrial development. This criterion does not apply. 2. In addition to the requirement of DCC 18.124.070(8)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(8)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: 1) Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. 2) Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. 3) Vegetative ground cover. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. e. The landscaping in a parking area shall have a width of not less than five feet. f. Provision shall be made for watering planting areas where such care is required. g. Required landscaping shall be continuously maintained and kept alive and attractive. h. Maximum height of tree species shall be considered when planting under overhead utility lines. FINDING: No parking or loading areas are proposed, nor are they required at this time. This criterion does not apply. As noted under DCC 18.116.030, this decision is conditioned such that prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. The landscaping requirements will be addressed at that time. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 35 of 60 C. Nonmotorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. FINDING: The applicant is not proposing parking at this time. Off-street parking requirements are addressed below in DCC 18.116.030. Compliance with DCC 18.116.031 and 18.116.035 will be reviewed at the time the applicant requests Site Plan Review for golf course and lake parking. This decision is conditioned such that prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multi family residential developments through the clustering of buildings, construction of hard surfaced walkways and similar techniques. FINDING: The proposal is not a new commercial development and thus this criterion is not applicable. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. on -site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi family, public or park use. FINDING: Staff finds that (b) applies to any use subject to Site Plan Review. However, the criteria primarily set forth in (b) is typical of those walkways that connect building entrances to one another and from building entrances to parking areas, public streets, existing or planned transit facilities, and other pedestrian or bicycle connections. The applicant is proposing a golf course and lakes but not buildings or parking areas at this time. The applicant has stated that parking will be proposed when they request Site Plan Review for the golf course clubhouse. As discussed under DCC 18.116.030, this decision is conditioned such that prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off- street parking for the golf course and lakes. At such time, pedestrian walkways discussed in (b) will be addressed. c. Walkways shall beat least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 36 of 60 FINDING: As noted above, staff finds (c) above applies to any use subject to Site Plan Review. The proposed golf course will have walkways (pathways) that will accommodate golfers traveling by foot or motorized cart. The applicant indicates that the pathways are typically eight (8) feet of unobstructed width, satisfying the width requirement in (c) above. The second portion of (c) is typical of those walkways that border parking spaces. The applicant is not proposing any buildings or parking areas at this time. As noted, this decision is conditioned such that prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking (DCC 18.116.030), for the golf course and lakes. At such time, pedestrian walkways discussed in (c) will be addressed. Lastly, as noted by the applicant, the pathway design will be as direct as possible, surfaced with either crushed rock or pavement. Therefore, the last requirement of (c) above will be satisfied. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkways must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. FINDING: Staff finds that (d) applies to any use subject to Site Plan Review. The proposed golf course will have pathways (e.g. walkways) that will accommodate golfers traveling by foot or motorized cart. The pathways will cross three roads within the resort. The requirement in (d) addresses walkways that may cross driveways, parking areas, and loading areas. Since the proposed pathways will not be crossing driveways, parking and loading areas, this requirement is not applicable. However, staff will address road crossings in DCC 18.124.080 below. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. FINDING: Staff finds that (e) applies to any use subject to Site Plan Review. However, the criteria primarily set forth in (e) are specific to the primary building entrance and those walkways connecting the building to transit stops. At this time, the applicant is proposing a golf course and lakes but not buildings. The proposed golf course will have pathways that will accommodate golfers traveling by foot or motorized cart. The pathways will provide for those needs of disabled persons. Notwithstanding this information, the applicant will propose a clubhouse and associated parking. As discussed under DCC 18.116.030, this decision is conditioned such that prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. At such time, pedestrian walkways discussed in (d) will be addressed. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 37 of 60 Section 18.124.080. Other Conditions. The Planning Director or Hearings Body may require the following in addition to the minimum standards of DCC Title 18 as a condition for site plan approval. K. Any other limitations or conditions that are considered necessary to achieve the purposes of DCC Title 18. FINDING: The proposed golf course will have pathways (e.g. walkways) that will accommodate golfers traveling by foot or motorized cart. Although the pathways will provide "a normal interior flow that runs from the 1 st hole through the 18th", there will be three (3) road crossings, two of which will cross minor lightly used access roads. The third crossing will also be a less used road that will serve 13 cabins. The applicant indicates that the road crossings will be signed. To ensure compliance, this will be made a condition of approval. Road Crossings: Prior to initiation of use of the golf course, where the walkway system crosses roads, the walkways must be clearly identifiable through the use of elevation changes, speed bumps, different paving material, or other similar method. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS Section 18.116.020. Clear vision areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: 247-19-000881-SP, Central Land and Cattle Company, LLC Page 38 of 60 Right -of -Way Width Clear Vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet FINDING: Based on the submitted application, no clear vision area will be obstructed with the access points approved through Tentative Plan for Phase A-1 (file nos. 247-18-000386-TP, 247- 18-000454-SP, and 247-18-000592-MA. This criterion will be met. Section 18.116.030. Off Street Parking and Loading. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. FINDING: The off-street parking requirements for the proposed use are addressed below. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 5,000 0 5, 000-30, 000 1 30,000-100,000 2 100,000 and Over 3 FINDING: The applicant is proposing recreational amenities such as a golf course and lakes for the Thornburgh Resort. The applicant is not proposing any buildings and all site improvements will at grade. Therefore, no loading berth is required. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 39 of 60 D. Number of Spaces Required. Off-street parking shall be provided as follows: 9. Other uses not specifically listed above shall be provided with adequate parking as required by the Planning Director or Hearings Body. The above list shall be used as a guide for determining requirements for said other uses. FINDING: The applicant is proposing a golf course and lakes as part of the Thornburgh Resort recreational amenity. The applicant believes that because there are no buildings proposed with the golf course and lakes, no parking is required. Staff strongly disagrees. County code requires off-street parking for all uses', regardless if there is a building as part of the proposal. Staff finds that, "off-street parking spaces shall be provided and maintained" requires parking to be provided and maintained. No use or zoning district is exempt. As set forth in DCC 18.116.030(D)(9), uses not otherwise listed in the DCC shall be provided with adequate parking as required. Staff finds that uses are required to provide and maintain adequate parking, regardless if a building is part of the use. Staff finds that, "such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed" specifies that in no case shall the provision of such parking be delayed beyond "the time a new building is hereafter erected or enlarged". It does not have the effect of exempting uses that plainly require parking from providing such parking simply because the proposal does not include a building. Where no building is required, the timing of the provision of parking is left for the decision maker to evaluate for adequacy. In this case, staff finds that parking is required with a golf course or lakes prior to initiation of use of said golf course regardless if a clubhouse is part of the resort proposal. To ensure that off-street parking is provided prior to initiation of use of the golf course and lakes, staff will add the following condition of approval. Off -Street Parking: Prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. Section 18.116.031. Bicycle Parkin. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 1& 116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. 6 DCC 18.04.030 defines "use" as the following: "Use" means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 40 of 60 a. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. b. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least SO percent of the bicycle parking spaces shall be sheltered. FINDING: The applicant is not proposing parking at this time. Bicycling parking standards will be reviewed when parking is proposed. As discussed under DCC 18.116.030, this decision is conditioned such that prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. At such time, bicycle parking discussed above. FINAL MASTER PLAN, THORNBURGH RESORT The applicant received final approval of the FMP, which was initiated on September 25, 2015. The FMP requires construction of the proposed golf course and authorizes the proposed lake development. Specific development proposed with a destination resort shall comply with the standards and criteria of DCC 18.113, addressed below, and the FMP. The conditions of the CMP have been incorporated into the conditions of approval of the FMP. Therefore, the following addresses the FMP requirements specific to the Thornburgh Resort. 1. Approval is based upon the submitted plan. Any substantial change to the approved plan will require a new application. FINDING: Through the approval of the resort's CMP, the County required that a golf course be built in Phase A. The golf course is proposed in the approximate location of the "golf open space" depicted on the FMP A1.1 open space plan and the FMP A3.1 master development plan. Moreover, the proposed lakes are allowed as identified on the "Recreation, Visitor, Commercial Amenities Plan," FMP Exhibit A8d1. The applicant is not proposing substantial changes to the approved resort plan. Notwithstanding the above finding, the applicant has provided discussion on pages 4 -10 of the submitted Burden of Proof Statement, incorporated herein by reference, regarding any claims that the proposal is considered a substantial change to the CMP and FMP. The applicant addresses the Wildlife Mitigation Plan (WMP) and the Fish and Wildlife Mitigation Plan (FWMP), the two plans held within the Thornburgh's Mitigation Plan (TMP). The applicant indicates that they are not making any changes to the WMP or FWMP and thus no action is necessary at this time. Additional, applicant discusses location, phasing, and open space, indicating the proposed site plan does not constitute a substantial change of the approved FMP. Staff concurs. 2. All development in the resort shall require tentative plat approval through Title 17 of the County Code, the county Subdivision/Partition Ordinance, and/or Site Plan Review through Title 18 of the County Code, the Subdivision Ordinance. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 41 of 60 FINDING: The applicant has submitted a Site Plan review for the golf course and lakes as part of Phase A of the resort. This condition of approval will carry forward to subsequent developments of the resort. 3. Applicant shall provide a signed grant of right-of-way from the U.S. Department of the Interior Bureau of Land Management for an access easement connection to U.S. Highway 126, prior to submission of a Final Master Plan application. FINDING: This requirement has been satisfied. 4. Subject to US Department of the Interior -Bureau of Land Management (BLM) approval, any secondary emergency ingress/egress across the BLM-owned land or roadways shall be improved to a minimum width of 20 feet with all-weather resort access surface capable of supporting a 60,000-lb. fire vehicle. Emergency secondary resort access road shall be improved before any Final Plat approval or issuance of a building permit, whichever comes first. FINDING: The FMP provides two alternative resort access roads. These roads will be improved as required by condition of approval of Phase A-1 tentative plan (file nos. 247-18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA) and prior to final plat approval or issuance of a building permit. This is not a condition of Site Plan approval for the proposed golf course or lakes. In addition, the applicant states the following, Furthermore, the County has determined that the roads proposed by the Phase A-1 tentative plan that serve the golf course satisfy this criterion. The County's resolution of this issue was not challenged by Gould in her most recent appeal to LUBA. Staff finds that this review and approval does not include any development subject to building permits and that any such development would require separate site plan review and approval. S. The developer will design and construct the road system in accordance with DCC 17. Road improvement plans shall be approved by the Road Department prior to construction. FINDING: The roadways that will serve the proposed golf course and lakes were addressed in the first tentative plan for the resort (file nos. 247-18-000386-TP, 247-18-000454-SP, and 247-18- 000592-MA). The design and location of the roadways were found to comply with DCC Title 17 and it was made a condition of approval that said roadways shall be designed and constructed in accordance with DCC 17.48. Moreover, public and private road improvement plans shall be submitted to Road Department for approval prior to commencement of construction of the roads. The submitted site plan illustrates the approved roadways. According to the applicant, the roads needed to provide access to the golf course will be developed prior to opening the golf course. Improvement plans for the road system will be approved by the Road Department prior to construction. This condition will be met as conditioned. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 42 of 60 FMP Condition 5: Prior to initiation of use of the golf course and lakes, the developer will design and construct the road system in accordance with DCC Title 17. Road improvement plans shall be approved by the Road Department prior to construction. 6. All easements of record or right-of-ways shall be shown on any final plat. Plans shall be approved by the Road Department prior to construction. FINDING: This requirement applies during the County's review of any final plat for the resort. It is not a requirement of Site Plan approval. 7. All new proposed road names must be reviewed and approved by the Property Address Coordinator prior to final plat approval. FINDING: The applicant is not proposing roads with this request. The applicant is requesting a golf course and lakes. This requirement applies during the County's review of the final plat. It is not a requirement of this Site Plan approval. 8. Plan review and approval of water supply plans for phase 1 will be required by Oregon Department of Human Services -Drinking Water Program (DHS-DWP) prior to Final Master Plan approval. 9. Applicant shall designate the location of all utility lines and easements that burden the property on the FMP. FINDING: These requirements have been satisfied. 10. Applicant shall provide, at the time of tentative plat/site plan review for each individual phase of the resort development, updated documentation for the state water right permit and an accounting of the full amount of mitigation, as required under the water right, for that individual phase. FINDING: The applicant provides the following overview (footnotes removed) and compliance of Condition 10. (Footnotes and emphasis added by applicant) Condition #10 was made a condition of approval by the Board of County Commissioners when it approved the CMP in 2006. It overturned a finding by Hearings Officer Anne Corcoran Briggs that said "until the applicant demonstrates that it has enough mitigation credits to mitigate for 942 acre-feet of water (the estimated amount of consumptive use per OWRD), it is unlikely that the application will be approved." See Exhibit J, page 25 of the CMP decision. As explained by Steve Johnson, COID Manager: 'The decision rendered by Hearings Officer Anne Corcoran Briggs last month implies that the Resort must bring all of the water to the table with the application. This decision, if left unmodified, will set a precedent that will artificially escalate the competition for water rights in the basin, and consequently drive the price up, and drive some farmers out. Her analysis of Water Availability on page 25 247-19-000881-SP, Central Land and Cattle Company, LLC Page 43 of 60 expressly conditions approval of the application on having the credits in hand now. Some of this water will not be needed for many years, and this policy, if followed, will be a waste of water, against the beneficial use doctrine that is the pillar of Oregon's water law policy." See Exhibit K. Thornburgh appealed Hearing Officer Briggs' decision to the BOCC arguing that mitigation water only needed to be provided when the water rights permit dictated; not prior to development of the entire resort. The BOCC agreed. In reaching this decision, the Board required in Condition 10 that Thornburgh needed to provide mitigation water when required by the OWRD water right permit and found that prior to that time it is only necessary for the Resort to show it is not precluded from obtaining mitigation water as a matter of law. The Board found that Thornburgh had met this standard and had exceeded it by showing it is feasible for it to obtain sufficient mitigation water when required by OWRD. See BOCC CMP Decision Pgs. 70-72, Exhibit L. Hearing Officer Olsen, in the Phase A-1 tentative plan decision, explained Condition 10's requirements as follows: "Condition 10 appears primarily to be an informational requirement requiring documentation of the state water permit and an accounting of mitigation under the water right." See Exhibit F-1, 2018 TP Decision Page 33. Hearings Officer Olsen found that information provided by OWRD that it was in good standing with OWRD and information from the applicant that estimated the amount of mitigation water needed for Phase A-1 met this requirement. In its 2019 decision on remand, the BOCC found that the FWMP requires the water quantity and quality mitigation described in the plan to be provided to mitigate for the impacts of Phase A-1 before the applicant may pump groundwater to serve Phase A-1. Consistent with the BOCC's direction and what will be required by the OWRD, this application only looks to the water needs associated with approval of this site plan. The information provided below is the information required by Condition 10 for the review of the golf course and lakes site plan application. The applicant has provided updated documentation that shows Pinnacle Utilities, LLC (Pinnacle) owns water rights permit #G-17036 (Exhibit H-2). This is a permit for a quasi - municipal use of water granted by Oregon Water Resources Department for this project. A copy of the permit is Exhibit Hof this application. On June 24, 2018 Pinnacle submitted an application to amend its Incremental Development Plan, which was approved on July, 10, 2018 (Exhibit H-3). On April 2, 2018 Pinnacle applied to extend the time to fully develop the water uses of permit G-17036. On June 5, 2018 OWRD issued a Proposed Final Order ("PFO") approving Pinnacle's extension (See Exhibit 1). 247-19-000881-SP, Central Land and Cattle Company, LLC Page 44 of 60 On July 20, 2018, Annunziata Gould filed a protest of OWRD's PFO approval and has requested a contested hearing. This appeal is pending.' Under Oregon law, permit G- 17036 remains in place during the review of the extension unless and until cancelled by OWRD. See OAR 690-320-0020 (providing for OWRD to send a certified letter of intent to cancel a permit, with 60 days to respond). OWRD has taken no action against the permit and said it has no intentions to do so. OWRD, instead, has advised Deschutes County, after the Gould appeal was filed, that Pinnacle's water rights permit is in good standing. Exhibit 5 (email from Jeremy Giffin, OWRD Watermaster dated August 24, 2018). OWRD's Water Rights Information Query also states that the status of the permit is "non -cancelled." See, Exhibit H-4. LUBA has also affirmed Hearings Officer Olsen's determined that this evidence establishes that Thornburgh Resort has a valid water right. Exhibit G, p. 34. The attached "Mitigation Debit Table," Exhibit AA, shows the amount of mitigation water needed for this site plan as well as the amounts previously approved versus the total amount of mitigation water needed at full pumping of the water right approved by permit G-17036. This table is similar to the "Trip Debit" tables that deal with traffic that are provided with each application showing the allowable trips versus the trip count required for each application versus the remaining trips allowed. The Mitigation Debit Table shows the amount of mitigation water needed for the development outlined in this site plan for the golf course and lake is approximately 84 acres of water rights or 151 acre feet of mitigation water. Each acre of water "rights" provides a mitigation volume of 1.8 acre feet of mitigation water. The previous application for the Phase A-1 Tentative Plan required 28 acres of water rights or 50 acre feet of mitigation water.$ Together, these applications require approximately 201 acre feet of mitigation water. Pinnacle Utility Company, the Resort's utility company, has secured the right, by contract, to purchase 175 acres of Big Falls Ranch water (equal to 315 acre feet of mitigation water).' The project will use this water for all uses allowed outright by this Site Plan Review and the development of the lake and golf course. This initial Big Falls Ranch water, alone, provides far more water than needed for the uses previously approved and those proposed by this application. Staff finds the applicant's response is a sufficient for meeting this condition. 11. At the time of submission for Final Master Plan (FMP) approval, Applicant shall include a written plan for entering into cooperative agreements with owners of existing wells within a two-mile radius ofApplicant's wells. The plan shall include a description of howApplicant will provide notice to affected well owners and of the terms and conditions of an option for ' Due to the backlog at OWRD it could take more than a year for the protest to be heard. 8 This level of use will only occur many years in the future after all homes are constructed and occupied. In the original burden of proof and the hearing officers decision 58 acres was mentioned which included water for the 37 cabin lots. Those will be provided under a separate site plan application. Subsequent discussions referenced 50 acres, which is mentioned in the Phase A-1 LUBA decision. 9 This is consistent with the amount of Big Falls Ranch water the FWMP described in its initial phase of water development. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 45 of 60 well owners to enter into a written agreement with Applicant under which Applicant will provide indemnification to well owners in the event of actual well interference as a result of Applicants water use. The plan shall remain in effect for a period of five years following full water development by Applicant. Specific terms and conditions of the plan shall be developed in cooperation with County staff and the Oregon Water Resources Department. FINDING: These requirements have been satisfied. 12. Commercial, cultural, entertainment or accessory uses provided as part of the destination resort shall be contained within the development and shall not be oriented to public roadways. Commercial, cultural and entertainment uses allowed within the destination resort shall be incidental to the resort itself. As such these ancillary uses shall be permitted only at a scale suited to serve visitors to the resort. Compliance with this requirement shall also be included as a condition of FMP approval. FINDING: This condition was included in the FMP approval. This phase of the development does not include any specific commercial, cultural, entertainment, or accessory uses. 13. Applicant shall specify all recreational facilities within the proposed resort as part of final master plan submittal. FINDING: This requirement has been satisfied. 14. Applicant and its successors shall do the following to ensure that all open space used to assure the 50% open space requirement of Section 1&113.060 (D)(1) is maintained in perpetuity. A. Applicant shall submit for approval, as part of the Final Master Plan, a delineation of the Open Space that is substantially similar to the area shown in the Open Space Plan submitted as Ex. 9, B-14 to the "Memorandum of Applicant, in response to public comments dated September 28, 2005, Open Space shall be used and maintained as "open space areas" as that term is used in DCC 1&113.030(E). FINDING: This requirement has been satisfied. B. The CC&Rs, as modified and submitted to the County on December 20, 2005, shall be further revised such that, Section 3 .4 retains the first two sentences, but then the balance of 3.4 is replaced with the following: At all times, the Open Space shall be used and maintained as "open space areas." The foregoing sentence is a covenant and equitable servitude, which runs with the land in perpetuity and is for the benefit of all of the Property, each Owner, the Declarant, the Association, and the Golf Club. All of the foregoing entities shall have the right to enforce covenant and equitable servitude. This Section 3.4 may not be amended except if approved by an affirmative vote of all Owners, the Declarant, the Golf Club and the Association. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 46 of 60 FINDING: This requirement has been satisfied. C. All deeds conveying all or any part of the subject property shall include the following restriction: This property is part of the Thornburgh Resort and is subject to the provisions of the Final Master Plan for Thornburgh Resort and the Declaration of Covenants, Conditions and Restriction of Thornburgh Resort. The final Master Plan and the Declaration contain a delineation of open space area that shall be maintained as open space areas in perpetuity. FINDING: This requirement applies when the applicant conveys land within the destination resort. The applicant is proposing a golf course and lakes that does not involve conveyance of land. Moreover, this section is not an applicable approval criterion during review of the Site Plan. D. All open space areas shall be clearly delineated and labeled on the Final Plat. FINDING: This requirement applies during the review of each final plat. The applicant is not proposing a final plat and thus this section is not applicable. E. Any substantial change to the open space approved under this section will require a new land use permit. FINDING: The applicant provides the following regarding open space and the proposed amenities. (Footnotes and emphasis added by applicant) The golf course and lake are a part of the open space area approved by the FMP. The applicant is not proposing a substantial change to the open space plan as has been discussed under condition #1 above and in Hearing Officer Olsen's decision on the tentative plan, Exhibit F-1. The location of most of the open space proposed for development by this site plan was shown on the Phase A-1 tentative plan and approved bythe County. Hearings Officer Olsen determined that the "general concept" of the open space shown on the Phase A-1 tentative plan was "largely consistent with the Exhibit A.1.1 open space map of the FMP, Exhibit D. Hearing Officer Olsen found: "Given the lack of specificity in the FMP Open Space map and the lack of guidance in the FMP decision, it is likely that the amount of open space and the general location, including consideration of providing larger tracts, were the key considerations. The exact location and size of open space tracts was not. Accordingly, absent evidence of a more radical change or that areas arguably now not in open space have some special significance, I find that [the] tentative plat [sic] does not constitute a substantial change in the FMP." 247-19-000881-SP, Central Land and Cattle Company, LLC Page 47 of 60 The level of change that was found by the hearings officer to be permissible is shown on maps considered by the hearings officer in reaching his conclusion that changes were not substantial, Exhibit AB (Sheet 2, Thornburgh Open Space - FMP and Sheet 3, Thornburgh Open Space Tentative Plan).10 The same is true for the 103+/- acres of additional open space provided by the proposed site plan. It is proposed in the same general location shown on the FMP map, Exhibit A.1.1, Exhibit D. Upon approval of this site plan, 617 acres of Phase A will be approved for Resort development. 444 acres of that area is open space, for a total of 72% of open space. This far exceeds the 50% open space requirement of Section 18.113.060(D)(1) and Condition 14 of the FMP. Staff concurs with the applicant and finds the proposal does not constitute a substantial change to the open space approved. 15. Applicant shall obtain an approved Water Pollution Control Facility (WPCF) permit (as described in DCC 18. 113.070(L)) prior to application for Final Master Plan. FINDING: This requirement has been satisfied. 16. All temporary structures shall be limited to a maximum of 18 months on the resort site. FINDING: The applicant has not proposed any temporary structures. 17. All development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department. Fire protection requirements shall include all minimum emergency roadway improvements. FINDING: Staff finds that the proposal constitutes "development" under this condition. There are some fire protection requirements that apply to the proposed recreational amenities, while others are related to dwelling and structural development. Nevertheless, the emergency roadway improvements will be made according to the standards required by the FMP prior to approval of the final plat, as required by FMP Condition 4, noted above. The applicant states the following: All development will meet fire protection requirements imposed by code or as a condition of approval based on the requirements of the Redmond Fire Department. This site plan shows access roads that were approved as part of the Tentative Plan Phase A-1 and identifies those that will be built to access the golf course See Attachment 1: Golf Course and Lake Site Plan Page 2.4. 10 The hearings officer's resolution of this issue regarding the location of open space shown by the tentative plan is final because Gould's appeal of the tentative plan did not challenge this part of the hearings officer's decision. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 48 of 60 FMP Condition 17: Prior to and during the time of construction, all applicable development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department (Redmond Fire & Rescue). Fire protection requirements shall include all minimum emergency roadway improvements. M No development shall be allowed on slopes of 25% or more on the site. FINDING: The applicant has not proposed development on slopes of 25% or more. 19. Applicant shall implement a Wildfire/Natural Hazard Protection Plan for the resort as identified in Ex. 15, 8-29 of the CMP burden of proof statement. Prior to approval of each subdivision and site plan, Applicant shall coordinate its evacuation plans through that development phase with the Deschutes County Sheriff's Office and the Redmond Fire Department. At the same time, Applicant shall also coordinate its plans for the movement of evacuees over major transportation routes with the Oregon State Police and the Oregon Department of Transportation. FINDING: The applicant states the following regarding this condition. Applicant has informed the Redmond Fire Department and Deschutes County Sheriff of its filing of this application. Applicant previously coordinated with the Oregon State Police and ODOT to develop its evacuation plans. The FMP includes a Wildfire & Natural Hazard Protection Plan, Exhibit M of this application. The proposed site plan does not violate that plan or preclude implementation of the plan. This condition is met. Staff finds the applicant's response is a sufficient response to this condition. 20. The cumulative density of the development at the end of any phase shall not exceed a maximum density of 0.72 dwelling units per acre (including residential dwelling units and excluding visitor -oriented overnight lodging). FINDING: Staff finds the following response by the applicant is a sufficient for meeting this condition. This Site Plan adds 103 acres of open space to the total area proposed for resort development platting by the tentative plan without adding dwelling units. Hearings Officer Olsen found that Phase A-1 included 514 acres with 192 single-family dwelling units and the further applications related to Phase A are limited to the maximum of .72 dwelling units per acre cumulatively for Phase A. The 103 acres added by this site plan along with the 514 acres of Phase A-1 equals 617 acres which reduces to about .31 the dwelling units per acre. This is far below the maximum density allowed by code of 1.5 units per acre or the FMP density of .72 residential dwelling units per acre. This condition is met. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 49 of 60 21. Each phase of the development shall be constructed such that the number of overnight lodging units meets the 150 overnight lodging unit and 2:1 ratio of individually owned units to overnight lodging unit standards set out in DCC 18.113.060 (A)(1) and 18.113.060 (D)(2). Individually owned units shall be considered visitor oriented lodging if they are available for overnight rental use by the general public for at least 45 weeks per calendar year through one or more central reservation and check -in services. As required by ORS 197.445 (4)(b)(B), at least 50 units of overnight lodging must be constructed in the first phase of development, prior to the closure of sale of individual lots or units.... FINDING: The applicant is proposing recreational amenities (golf course and lakes) and does not include any dwelling or overnight lodging units. Therefore, this condition is not applicable. 22. The final covenants, conditions and restrictions adopted by the developer and amendments thereto shall conform in all material respects to this decision and the requirements of the DCC. FINDING: This requirement applies to covenants, conditions, and restrictions (CC&Rs) and is not a condition of approval of the site plan. 23. No permission to use or improve Barr Road as access to the Resort is given or implied by this decision. FINDING: The site plan does not propose access to Barr Road. 24. Applicant shall complete annexation of the property in any area of development into Deschutes County Rural Fire Protection District No. 1 before commencing combustible construction in the area. FINDING: This requirement has been satisfied. 25. Applicant shall submit a detailed erosion control plan with the first Tentative Plat or Site Plan, whichever comes first. FINDING: The applicant has submitted a detailed erosion control plan when it filed the first Tentative Plan and Site Plan applications, file nos. 247-18-000386-TP, 247-18-000454-SP, and 247- 18-000592-MA. The erosion control plan is contained on sheets 4.1 to 4.7 on that tentative plan. 26. Lot size, width (frontage), coverage, off-street parking and setbacks, including solar setbacks, are permitted as described in Applicant's Exhibit 8, B-24a in the Burden of Proof document [for the CMP] subject to review during the subdivision approval process to confirm that there will be safe vehicle access to each lot. Compliance with the dimensional standards shall be confirmed during subdivision approval for each development phase. All multi family units, commercial structures, and other resort facilities are exempted from meeting the solar setback standards. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 50 of 60 FINDING: This condition is applicable during review of Tentative Plans (subdivision) applications. The proposal is for Site Plan Review of recreational amenities (golf course and lakes) and thus this condition is not applicable. 27. Road width shall be consistent with the requirements set forth in the County's subdivision ordinance, DCC Chapter 17.36. FINDING: As noted above, the roadways that will serve the proposed golf course and lakes were addressed in the first tentative plan for the resort (file nos. 247-18-000386-TP, 247-18-000454- SP, and 247-18-000592-MA). The design and location of the roadways were found to comply with DCC Title 17, specifically standards related to private roads, and the Tentative Plan was conditioned to that effect. These approved roads are shown on the submitted site plan for the golf course and lakes. This condition will be met. 28 Applicant shall abide at all times with the MOU with BLM, dated September 28, 2005, regarding mitigation of impacts on surrounding federal lands, to include wildlife mitigation and long-range trail planning and construction of a public trail system. The mitigation plan adopted by Applicant in consultation with Tetra Tech, ODFW and the BLM shall be adopted and implemented throughout the life of the resort. FINDING: The Memorandum of Understanding (MOU) with the BLM supports the implementation of the BLM's Upper Deschutes Resource Management Plan, The Thornburgh Resort has agreed to several things involving long-range trail planning and construction, which includes establishing a resource mitigation fund of up to $350,000, as needed by BLM for one- time and long-term mitigation, to help fund the items described in the MOU. In addition, the applicant states the following regarding long-range trail planning that is addressed in the Wildlife Mitigation Plan for offsite actions (Measure C, Reduction of Off Road Vehicle Use"): This measure has been completed by BLM by completion of the Cline Buttes Recreation Area Plan by segregating the use of various areas into different user groups. As a result, the incidence of trespass ORV travel on the Resort property has diminished significantly. Currently there is very little OHV use on BLM lands adjacent to the resort. The applicant will continue to work with the BLM on trail development in the area to further reduce unwanted use and improve the interactions between the public and private lands. This measure requires nothing further than this ongoing collaboration. In addition, MOU required the establishment of a Wildlife Mitigation Plan, which has been completed. The WMP is further discussed below under FMP Conditions 38 and 39. Based on the WMP, there are action items that are no longer pertinent in the MOU in part because they have either been completed and/or the measures within the WMP replace it. However, overall, there are ongoing compliance requirements as noted below. " Off Road Vehicle Use (ORV or OHV) 247-19-000881-SP, Central Land and Cattle Company, LLC Page 51 of 60 29. Applicant shall abide at all times with the MOU with ODOT, regarding required improvements and contributions to improvements on ODOT administered roadways. FINDING: The applicant previously submitted an executed Cooperative Improvement Agreement (CIA) with ODOT that was anticipated by the MOU. Accordingly, payments under the agreement are not due until after the first final plat approval by the County. In file nos. 247-18- 000386-TP, 247-18-000454-SP, and 247-18-000592-MA, the Hearing Officer imposed the following condition of approval of the tentative plan, which staff finds necessary to apply to this Site Plan Review. FMP Condition 29: As an ongoing condition, comply with the ODOT Contribution Agreement to "assure the applicant's mitigation responsibility to ODOT is met now and through completion" of the resort. 30. Applicant shall submit a detailed traffic circulation plan, delineating resort access roads, resort internal circulation roads and resort secondary emergency ingress/egress roads, prior to Final Master Plan approval. FINDING: This requirement has been satisfied. 31. All exterior lighting must comply with the Deschutes County Covered Outdoor Lighting Ordinance per Section 15.10 of Title 15 of the DCC. FINDING: The applicant is not proposing exterior lighting with the golf course and lakes. To ensure compliance, however, it will be made a condition of approval. FMP Condition 31: As an ongoing condition, all exterior lighting must comply with the Deschutes County Covered Outdoor Lighting Ordinance per Section 15.10 of Title 15. 32 No permission to install helicopter landing zone (helipad) at the Resort is given or implied by this decision. FINDING: No helipad is proposed or approved. 33. The Resort shall, in the first phase, provide for the following. A. At least 150 separate rentable units for visitor -oriented lodging. FINDING: The applicant is proposing recreational facilities (golf course and lakes), not rentable units. Therefore, this condition does not apply to the review of the submitted site plan. B. Visitor -oriented eating establishments for at least 100 persons and meeting rooms which provide eating for at least 100 persons. FINDING: The applicant is not proposing visitor -oriented eating establishment. This condition is not applicable at this time. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 52 of 60 C. The aggregate cost of developing the overnight lodging facilities and the eating establishments and meeting rooms required in DCC 18.113.060(A)(1) and (2) shall be at least $2,000,000 (in 1984 dollars); FINDING: The applicant is not proposing overnight lodging facilities, eating establishments, or meeting rooms. This condition is not applicable at this time. D. At least $2,000,000 (in 1984 dollars) shall be spent on developed recreational facilities. FINDING: The proposed recreational facilities (golf course and lakes) will allow the applicant to come into compliance with this condition by developing the recreational amenities prior to the sale of residential lots. See additional finding below in Condition (33)(E). E. The facilities and accommodations required by DCC 18.113.060 must be physically provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots. FINDING: The applicant is proposing recreational facilities (golf course and lakes). As noted above, the proposal will allow the applicant to continue compliance with condition (33)(D) by developing the golf course prior to the sale of residential lots. The applicant provides the following information. The cost of these recreational amenities will far exceed $2,000,000 (in 1984 dollars) [in December 2019, $4,960,177.69 with average inflation of 2.63°yo, Dollar Times on internet based on the CPI] which will meet this criterion. In the event the applicant changes its plans and does not build the recreational amenities up front, it will financially assure their construction as allowed by subsection (E). Staff finds that the golf course shall be physically provided or financially assured prior to closure of sales, rental, or lease of any residential dwellings or lots. This condition can be met with a condition of approval. FMP Condition 33: The facilities and accommodations required by DCC 18.113.060 must be physically provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots. 34. Where construction disturbs native vegetation in open space areas that are to be retained in substantially natural condition, Applicant shall restore the native vegetation. This requirement shall not apply to land that is improved for recreational uses, such as golf courses, hiking or nature trails or equestrian or bicycle paths. FINDING: A condition requires the applicant to restore open space areas if they are disturbed by development of the subdivision. However, as noted in the condition, it does not apply to land 247-19-000881-SP, Central Land and Cattle Company, LLC Page 53 of 60 improved for reactional uses. The applicant is proposing recreational amenities such as a golf course and lakes. 35. The contract with the owners of units that will be used for overnight lodging by the general public shall contain language to the following effect. "[Unit Owner] shall make the unit available to [Thornburgh Resort/booking agent] for overnight rental use by the general public at least 45 weeks per calendar year though a central reservation and check -in service. FINDING: The applicant is proposing recreational amenities and not overnight lodging units. Therefore, this requirement does not apply to the Site Plan Review of the golf course and lakes. 36. Applicant shall coordinate with the Sheriff's Office and its designated representative to address all public safety needs associated with the resort and the development process. FINDING: The applicant states they have informed the Sheriff that it is filing of this site plan. A Notice of Application was sent to the County Sheriffs Office for the Site Plan Review 12. No comments or general concerns were submitted into the record from the Sheriff regarding the public safety needs associated with this aspect of the proposed development. Staff notes that the Sheriffs Office has been involved in the design of the resort during development of the CMP and FMP. This condition is met with the understanding that it is ongoing through future applications. 37. Applicant shall demonstrate compliance with DCC 18.113.070(D) by submitting a wildlife mitigation plan to the County as part of its application for Final master plan approval. The County shall consider the wildlife mitigation plan at a public hearing with the same participatory rights as those allowed in the CMP approval hearing. FINDING: This requirement has been satisfied. 38. The applicant shall abide by the April 2008 Wildlife Mitigation Plan, the August 2008 Supplement, and agreements with the BLM and ODFW for management of off -site mitigation efforts. Consistent with the plan, the applicant shall submit an annual report to the county detailing mitigation activities that have occurred over the previous year. The mitigation measures include removal of existing wells on the subject property and coordination with ODFW to model stream temperatures in Whychus Creek. FINDING: This condition is an ongoing obligation of the Thornburgh Resort FMP, which requires annual reporting for ensure compliance. No off -site mitigation is applicable or required during Site Plan Review because no impact has occurred. Impacts will not occur until development or groundwater pumping begins. One year after these events occur, the applicant will be required to provide the annual reporting. However, reporting is not required during Site Plan Review. 12 Staff mistakenly omitted the Sheriffs Office from the Notice of Application for the Site Plan Review. Tc correct this unintentional oversight, the record includes an email that staff sent to Sheriff Nelson on Friday, March 06, 2020 with a copy of the Notice of Application. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 54 of 60 Notwithstanding the above finding, the applicant has provided information addressing the elements of the Thornburgh Mitigation Plan, which includes the WMP, the Supplement to the WMP, and the FWMP. The applicant's response is intended to demonstrate that the proposed Site Plan Review for the recreational amenities will not violate these approved plans. This response is found on pages 19 - 33 of the Burden of Proof Statement submitted with the application materials and by this reference incorporated herein. Staff finds the applicant's response is sufficient for demonstrating compliance with this condition. In addressing the mitigation plans, the applicant delineates action items that are necessary with the golf course and lake development in order to meet the terms of the mitigation plans. Specific actions are to occur at different times, and be triggered by different events. Below, staff highlights only those that the applicant presents as specific action items related to this development. Terrestrial Wildlife Mitigation - Onsite: The terrestrial wildlife mitigation is divided between onsite and offsite actions. Regarding onsite mitigation, the WMP identifies 18 elements - Measures A through R - to be completed by phase. Specific actions are to occur at different times, and be triggered by different events. Measure B: Noxious weed control Measure C. Vegetation enhancement Measure D: Retain native vegetation Actions: No action is required now. When the golf course is complete, the applicant will implement these measures in the undeveloped, natural open space areas that lie within the golf course perimeter as required by the WMP. Measure E Golf course ponds and water features. Action: This measure requires water quality protection by implementing an integrated pest management program ("IPM") for the golf course and guidelines for the use of fertilizers and pesticides along water edges. The IPM is being developed taking into account relevant criteria of the Best Management Practices as recommended by the Golf Course Superintendents Association of America that will be modified for the particular needs of this golf course. The IPM will be completed as the golf course is being developed so it will be ready for use when the course is opened for play. Measure I. Install bluebird boxes Measure j. Install kestrel and bat boxes Actions: Prior to opening the golf course, at least 33 bluebird boxes will be installed along the edge of fairways and greens and at least 33 blue bird boxes will be installed along the perimeter of retained cleared areas. The boxes will be maintained annually as required by the WMP (at least 33 boxes). 247-19-000881-SP, Central Land and Cattle Company, LLC Page 55 of 60 Kestrel and bat boxes will also be installed during construction of the golf course as required by the WMP. A minimum of 2 of each type of box will be provided with construction of the Phase A golf course. Measure K. Retain snags Measure L: Retain downed logs Action: During construction, snags over 12 inches in diameter will be retained wherever possible. Snags over 20 inches in diameter that must be removed will be relocated to a retained native area. Downed wood 12 inches or greater in diameter will be left in place or, if disturbed, moved to a retained native vegetation area. This will occur during construction of the golf course and lakes. Measure 0: Rock outcrops and brush Actions: No action is required at this time. The requirement applies to construction plans; not site plans. As development occurs 80% of the total amount of potential rock outcrop areas identified on the Resort property by the WMP will be preserved. Assuming that all rock outcrops in potential rock outcrop areas identified by the WMP that could possibly be impacted by the golf course and all other approved development were removed, at least 80 percent of the rock outcrops identified in the WMP would remain. This is shown in the site plan, page 3.1. The actual amount of retained outcrops will be higher. In the annual reporting, the Applicant will report on the retention and removal of identified rock outcrops to insure at least 80% of the total outcrops will remain following development of the entire resort. During construction, the applicant will install rock piles and brush piles in selected areas around the perimeter and in natural areas. The WMP does not set a numerical standard for rock or brush piles. Rather it depends on the amount of rock and trees removed by construction. This will be completed prior to the full opening of the golf course. Measure P: Poisonous bait Action: No action is required at this time. The measure prohibits the use of poisonous bait that could cause secondary wildlife poisoning or reduce non -targeted wildlife production to control rodent or other wildlife. It applies to the golf course, once constructed, by virtue of the FMP. Terrestrial Wildlife Mitigation - Offsite: The WMP identifies 5 elements -Measures A through E - to be completed by phase. Specific actions are to occur at different times, and be triggered by different events. Measure A: Weed Management Program Measure B: Vegetation Enhancement 247-19-000881-SP, Central Land and Cattle Company, LLC Page 56 of 60 Actions: No actions are required at this time. Action is not required until after the golf course has been developed.... This work will be completed, as required by the WMP, within 90 days of the completion of the golf course phase of development, as permitted by weather and other factors. Measure D: Wildlife Water Sources (maintain two waterguzzlers) Actions: No action is required at this time. It applies once the Resort is operational. Prior to the final opening the golf course, the Applicant will assume responsibility to maintain the two water guzzlers the BLM maintains for wildlife in the Cline Buttes area. Fish Mitigation Addendum to WMP ("FWMP") - The proposed recreational amenities of golf course and lakes will use Big Falls Ranch water. There is no change to the FWMP. As noted by the applicant, "nothing further is required to comply with the FWMP and no conditions of approval are required to insure compliance with the FWMP." The applicant discusses water mitigation, source of mitigation water, and compliance on pages 23 - 29 in submitted Burden of Proof Statement. Although staff highlights four main points, the overall summary is that the aspects of the FWMP are not"required untiljust priorto the time thatthe resort begins pumping under permit G-17036." Compliance with OWRD Mitigation Requirements Thornburgh Resort is in compliance with this aspect. The applicant states, "While mitigation is required prior to pumping water, at this point the resort has not begun pumping water and it is not ready to do so." Nevertheless, mitigation will be in accordance with the OWRD permit. Not action is needed at this time. Action: Nothing is needed at this time. Inclusion of Big Falls Ranch (BFR) water rights as part of the OWRD mitigation program to provide additional cold water benefits Action: Since no mitigation is yet needed, the FWMP requires no reporting or any other action to comply. Once mitigation is required the applicant has shown it is feasible that 100% of its mitigation will come from BFR, which is in compliance with the FWMP. Removal of an existing instream irrigation pond in connection with the transfer of the Big Falls water rights Actions: Compliance with this element is governed by the FWMP, and is not a criterion of this site plan application. Nothing is needed at this time to comply. Elimination of Existing Groundwater Uses on the Resort Property Actions: Nothing is needed at this time to comply. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 57 of 60 The applicant also addresses additional comments that were present by N. Gould and Central Oregon LanclWatch (COLW) during the proceedings of the Tentative Plan of Phase A-1. These comments were focused on mitigation water. See pages 30 - 33 of the submitted Burden of Proof. As noted previously, staff finds the applicant's response is sufficient for demonstrating compliance with this condition. 39. The applicant shall provide funding to complete a conservation project by the Three Sisters Irrigation District to restore 106 acre-feet of instream water to mitigate potential increase in stream temperatures in Whychus Creek. The restoration shall occur as described in the applicant's submittals. The mitigation water shall be placed in stream no later than the date that groundwater pumping to serve the development commences (not testing). The applicant shall provide a copy of an agreement with the irrigation district detailing funding agreement prior to the completion of Phase A. FINDING: This condition does not require compliance at the Site Plan Review stage. The condition is tied to pumping groundwater and is not applicable until a later stage of development. The applicant has indicated that they will provide a copy of the agreement with the irrigation district prior to commencement of groundwater pumping, as required by this condition. This is an added condition of approval for Tentative Plan for Phase A-1 (file nos. 247- 18-000386-TP, 247-18-000454-SP, and 247-18-000592-MA. IV. CONCLUSION: Based on the foregoing findings and conclusions, staff concludes that the proposed golf course and lakes of the Thornburgh Destination Resort can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. Other permits may be required. The applicants are responsible for obtaining any necessary permits from the Deschutes County Building Division and Deschutes County Environmental Soils Division as well as any required state and federal permits. V. SYSTEM DEVELOPMENT CHARGE Board Resolution 2013-020 sets a transportation SDC rate of $4,448 per p.m. peak hour trip. The original traffic study at Table 8 (Golf Course Trip Generation PM Peak Hour) indicates the proposed golf course would generate 10 p.m. peak hour trips. The original TIA based its analysis on a similar course, which was also in a resort, had 18 holes, and a strong seasonal component for when the course was played. Therefore, the applicable SDC is $44,480 ($4,448 X 10). The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 58 of 60 VI. DECISION: APPROVAL, subject to the following conditions of approval. VII. CONDITIONS OF APPROVAL: A. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. Landscape & Topography Preservation: During construction and as an ongoing condition of approval, the landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. C. Exterior LightiDZ: As an ongoing condition of approval, all exterior lighting shall be shielded so that direct light does not project off site. D. Road Crossings: Prior to initiation of use of the golf course, where the walkway system crosses roads, the walkways must be clearly identifiable through the use of elevation changes, speed bumps, different paving material, or other similar method. E. Off -Street ParkioZ: Prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. F. Driveway Access: Prior to initiation of use of the golf course and lakes, the applicant shall obtain driveway access permits for any new or existing unpermitted road accesses to Cline Falls Road pursuant to DCC 17.48.210(A). G. FMP Condition 5: Prior to initiation of use of the golf course and lakes, the developer will design and construct the road system in accordance with DCC Title 17. Road improvement plans shall be approved by the Road Department prior to construction. H. FMP Condition 17: All development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department (Redmond Fire & Rescue). Fire protection requirements shall include all minimum emergency roadway improvements. I. FMP Condition 29: As an ongoing condition, comply with the ODOT Contribution Agreement to "assure the applicant's mitigation responsibility to ODOT is met now and through completion" of the resort. 247-19-000881-SP, Central Land and Cattle Company, LLC Page 59 of 60 J. FMP Condition 31: As an ongoing condition, all exterior lighting must comply with the Deschutes County Covered Outdoor Lighting Ordinance per Section 15.10 of Title 15. K. FMP Condition 33: The facilities and accommodations required by DCC 18.113.060 must be physically provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots Vill. DURATION OF APPROVAL: The applicant shall initiate the use within two (2) years following the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUU'T�ES COUNTY PLANNING DIVISION o17'Z Written by: Cynthia Smidt, Associate Planner Reviewed by: r Gutowsky, Planning Manager Dated this 1 st day of April, 2020 Mailed this 1 st day of April, 2020 247-19-000881-SP, Central Land and Cattle Company, LLC Page 60 of 60 i COMMUNITY DEVEI,,.OPIkJIEENT CERTIFICATE OF MAILING FILE NUMBER: 247-19-000881-SP DOCUMENT MAILED: Findings & Decision MAP/TAX LOT NUMBER: multiple tax lots I certify that on the 1" day of April 2020, the attached notice, dated April 1, 2020, was mailed by first class mail, postage prepaid, to the persons and addresses set forth below on the attached list. Dated this 15t day of April, 2020 COMMUNITY DEVELOPMENT DEPARTMENT By: Cynthia Smidt See attached list 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 %� (541) 388-6575 �7a cdd@deschutes .org @ www.deschutes.org/cd to V1 V1 N Vl VI In N VI V1 — W 00 00 a0 W m 00 00 00 W Q 00 m m a0 T T op a0 a0 00 Q O1 O1 Ol Ql Ol Ol Ol Ol O1 41 w cl (-- T 0 0 0 Q Q Q 0 0 Q Q LL LL LL LL LL LL LL LL LL LL w tD Ln Ln d n n o o m m m m m r', M m o 0 o rn rn o 0 z s 0 0 m m m 0 0 m m o a N o 0 0 0 0 c O O _@ _@ E E o a a a s a s j C G C 't' 'u C al wC a) m O o al o m� m m m a a m m NOTICE OF DECISION The Deschutes County Planning Division has approved the land use applications described below: FILE NUMBER: 247-19-000881-SP OWNER/APPLICANT: Central Land and Cattle Company, LLC CO -APPLICANT: Kameron DeLashmutt ATTORNEY: Liz Fancher, Attorney SUBJECT: The Deschutes County Planning Division has approved a request for a Site Plan review for the Phase A golf course of the Thornburgh Destination Resort. The golf course includes lakes approved by the Conceptual Master Plan (CMP) and Final Master Plan (FMP) for the destination resort. The proposal does not include structures. According to the applicant, the golf clubhouse, welcome center, gatehouse, comfort station(s), and irrigation and pump house(s) will be proposed in a subsequent Site Plan Review request. LOCATION: The Thornburgh Destination Resort property is large and comprised of numerous tax lots. The tax lots that are subject to this application are located in the southern region of the destination resort and are identified on the attached map and denoted in bold with a (*) below: STAFF CONTACT: Map Number & Tax Lot Address 15-12-5000 11800 Eagle Crest Blvd. 15-12-5001 11810 Eagle Crest Blvd. 15-12-5002 11820 Eagle Crest Blvd. 15-12-7700* 67205 Cline Falls Rd.* 15-12-7701 67705 Cline Falls Rd. 15-12-7800* 67555 Cline Falls Rd.* 15-12-7801 67525 Cline Falls Rd. 15-12-7900* 67545 Cline Falls Rd.* 15-12-8000 67400 Barr Rd. Cynthia Smidt, Associate Planner Cynthia.Smidt@deschutes.org, (541) 317-3150 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Qa (541) 388-6575 @ cdd@deschutes.org 0 www.deschutes.org/cd DOCUMENTS: Can be viewed and downloaded from: http://dial.deschutes.org and www.buildingpermits.oregon.gov APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against criteria contained in Chapters 18.16, 18.113, 18.116, and 18.124 in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC. The review includes compliance against the Final Master Plan requirements specific to the Thornburgh Resort. DECISION: Staff finds that the application meets applicable criteria, and approval is being granted subject to the following conditions: CONDITIONS OF APPROVAL A. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. Landscape & Topography Preservation: During construction and as an ongoing condition of approval, the landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. C. Exterior Lighting: As an ongoing condition of approval, all exterior lighting shall be shielded so that direct light does not project off site. D. Road Crossings: Prior to initiation of use of the golf course, where the walkway system crosses roads, the walkways must be clearly identifiable through the use of elevation changes, speed bumps, different paving material, or other similar method. E. Off -Street Parkin: Prior to initiation of use of the golf course and lakes, the applicant shall apply for and receive Site Plan Review approval for off-street parking for the golf course and lakes. F. Driveway Access: Prior to initiation of use of the golf course and lakes, the applicant shall obtain driveway access permits for any new or existing unpermitted road accesses to Cline Falls Road pursuant to DCC 17.48.210(A). G. FMP Condition 5: Prior to initiation of use of the golf course and lakes, the developer will design and construct the road system in accordance with DCC Title 17. Road improvement plans shall be approved by the Road Department prior to construction. 247-19-000881-SP Page 2 of 3 H. FMP Condition 17: All development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department (Redmond Fire & Rescue). Fire protection requirements shall include all minimum emergency roadway improvements. I. FMP Condition 29: As an ongoing condition, comply with the ODOT Contribution Agreement to "assure the applicant's mitigation responsibility to ODOT is met now and through completion" of the resort. J. FMP Condition 31: As an ongoing condition, all exterior lighting must comply with the Deschutes County Covered Outdoor Lighting Ordinance per Section 15.10 of Title 15. K. FMP Condition 33: The facilities and accommodations required by DCC 18.113.060 must be physically provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapter 22.24. Dated this 1" day of April, 2020 Mailed this 15Y day of April, 2020 247-19-000881-SP Page 3 of 3 N Application: 2147-19-000881-SP Site Plan Review for Golf Course with Lakes Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NIPS, NRCAN, GeoBase, IGN, Kadaster,NL, Ordnance Survey, Esri Japan, METE, Esri China (Hong Kong), sMsstopo, @ OpenStreetMap contributors, and the G IS User Community, Deschutes County GIS !V n C O M POW I I TY D EV I...,OP KA fir; N T. CERTIFICATE OF MAILING FILE NUMBER: 247-19-000881-SP DOCUMENT MAILED: Notice of Decision MAP/TAX LOT NUMBER: multiple tax lots certify that on the 15t day of April 2020, the attached notice, dated April 1, 2020, was mailed by first class mail, postage prepaid, to the persons and addresses set forth below on the attached list. Dated this 15t day of April, 2020 COMMUNITY DEVELOPMENT DEPARTMENT By: Cynthia Smidt See attached list 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 �� (541) 388-6575 cr cdd@deschutes .org @ www.deschutes.org/cd op op op op op op op op op op op T T /zzzzzzzzzzzzz as�j(ja\)\,\\(\ao / \]k\jo{k}kk\ /==§Raa§» B \ _ \ bD \(\ / E S COG o{ Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of April 6, 2020 DATE: April 1, 2020 FROM: Laura Skundrick, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: FY2021 Video Lottery Fund Allocations RECOMMENDATION & ACTION REQUESTED: Develop expenditure plan for Video Lottery Fund (165) in fiscal year 2021. BACKGROUND AND POLICY IMPLICATIONS: Each year, the Board of Commissioners reviews anticipated revenue from the County's portion of video lottery proceeds for the upcoming fiscal year and develops an expenditure plan that has historically included funding for economic development activities, various projects, support for other organizations, and Board grant programs. Based on the current situation and future unknown impacts of COVID-19, staff predicts that state lottery funding will decrease due to restaurant and bar closures, while the demand for funding and support from those dollars will increase due to community response to COVID-19 related needs. During the meeting, staff will provide background information concerning the video lottery fund, past allocations, and recipient organizations and will assist the Board in developing an expenditure plan for the County's video Lottery Fund (165) in FY 2021. Attached are supporting documents intended to assist with this process. ATTENDANCE: Laura Skundrick, Administrative Services Deschutes County Video Lottery Fund (165) Allocation Descriptions Resources Beginning Balance Anticipated amount left unspent at the end of FY 2020 and carried over into FY 2021. Includes expected video lottery proceeds received and interest earned as well as an estimate of unspent funds from FY 2020. General Fund Transfer (EDCO) Amount transferred from the General Fund into the Video Lottery Fund in FY 2016 to support increase in payments to Economic Development of Central Oregon. Not required in fiscal year FY 2017, 2018, 2019, or 2020. State Video Lottery Revenue Statewide revenue from video lottery proceeds is expected to decrease due to impacts from COVID-19. Retailers of video lottery machines such as restaurants and bars were either closed or are providing take-out only service, so the amount of video lottery games played will be significantly decreased in March and April, if not longer. Interest Revenue Earnings received on pooled investments predicted to be slightly lower than FY 2020. Requirements Administration Personnel - Personnel costs are not charged to Fund 165. Internal Service Charges - Charges in support of the Board of County Commissioners, Administration, Finance, and the Finance/Human Resources software replacement project as established by the budget office. Contingency Amount determined by the Board of Commissioners to be held in reserve to mitigate unforeseen reductions in video lottery revenue throughout the year. Economic Development Funding determined by the Board of Commissioners to support economic development activities. Economic Development for Central Oregon - Includes unrestricted operational support as well as resources for staffing in Bend, La Pine, Redmond, and Sisters and the Venture Catalyst Program. Business Loan Recapitalization - Amount established by the Board of Commissioners to recapitalize the Economic Development Loan Fund (105) if needed. Project Support Includes support determined by the Board of Commissioners for projects not otherwise categorized and also provides an opportunity to address economic development and other community issues which may be of a topical nature. Shop -with -a -Cop Program: Contribution to the annual program operated by the Sheriffs Office. Public Transit: Two-year commitment historically made by the Board of Commissioners for matching funds to secure a federal grant for public transit services in the La Pine community. Arts & Culture: Funding for a County competitive grant program to support programs that bring arts and culture events and education to residents of Deschutes County. Fuels Reduction Grant: In FY2020, The Board supported and contributed to this grant program, the first that recognizes and incentivizes Firewise community efforts in Deschutes County. Childcare Accelerator Initiative: First time request from BendNEXT/Bend Chamber to support a Central Oregon Child Care Accelerator position to help create additional childcare spots. Service Partners Service Partners are organizations that 1) Provide a mandated or sole source service to residents of Deschutes County; 2) Were initiated, led, or created by the County; and/or 3) Perform services that the County would otherwise be obligated to provide. Additional information has been provided by each Service Partner in advance of the FY 2020 video lottery discussion showing the impact of these investments. Discretionary Grant Program Funds made available to local non-profit organizations in the form of small grants for projects and initiatives. Each Board member has traditionally been assigned a set dollar amount to be awarded throughout the year. An additional amount has also been set aside for grants that leverage County support for fundraising activities. Community Grant Program In past years, the County offered a Community Grant Program which provided moderate amounts of funding annually to local non-profit organizations through a competitive grant process. Since 2015-16, this program was outsourced to United Way of Deschutes County which coordinates County funding with an annual federal grant program to support local non -profits which furnish emergency food, clothing, and shelter to Deschutes County residents in need. 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The Service Partners are annually allocated resources from the Video Lottery Fund to operate programs and conduct activities that contribute to the economic health of the region by addressing the root causes of poverty and/or protecting community assets. In addition, organizations must meet at least one of the following criteria, as defined by the Board of Commissioners, to be included in the Service Partner program: Mandated or Sole Source Operates a program or service that the County 1) would otherwise be statutorily obligated to perform, such as the Court -Appointed Special Advocates (CASA) and Central Oregon Council on Aging (COCOA; and/or 2) is essential to the community and not offered by another entity, such as the Latino Community Association (LCA) and Family Access Network (FAN). County Initiative The County led or was actively involved in the creation or development of the organization based on an identified need or a gap in the safety net service delivery system, such as the MountainStar Family Relief Nursery, KIDS Center, and Upper Deschutes Watershed Council. County Impact Termination of the organization, program, or service would require the County to assume additional responsibilities, resulting in a significant and negative impact to departmental operations, such as Central Oregon Veterans' Outreach (COVO) and Marys Place. 0 0 o O o 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 N O O O O O O O O O O O O O O O O O 00 Ln O O N Lfl � O O O O O r N 4- -- -b� m N m — — N m N— N 01 -b r tfr b4 bf tfr fR b4 -U� kU } b4 b% tf} b4 N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Om O O O O O O O O O O O O O O O O O CO Ln m 0 0 0 Ln Lrl 0 0 0 0 0 \Q N LF) r tfr m N m N m N N aj tfr b< tfr b% b4 b4 -Ur b4 b4 tfr tfr tfr b<r N tPr O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 O O O O O O O O O O O O O O O O Op Lfl ff Lf I� Lfl Lfl Lr O O O O O M N M— r- -bq (V = N == N m N = N VD tfr b4 trr bar bc� 4d4 tfr b4 b4 bar tfr tfr bcr N iov O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O = O O O O O O O O O O r r O fl Lfl N O Lr O Ln Lfi Lfj Lrl Lf1 O O N NbR N= N== — N— = N M b< tfr -b% 414 tfr b4 b% b% bar b'r bR tfr tfr N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Ln O O 0 0 0 0 0 0 0 0 0 0 0 LA 00 N m N O— Lfl 0 0 0 0 0 0 0 �- N tfr tfr tfr tfr tfr b4 tR b4 b4 b4 tf� b4 b4 r 4A c O U 06 M 4J v N N QJ 4J N i u u u u u u u �= O O O O O 0 0 L V) V) Lf) Vl Vl Vl V) U Q) N O > v , Q) > � (1) N > O "+- O O +- O U O *+-' U O O+ 4 -' rB � � r6 -- r6 M O - M M '4- -0 4 � v � c v Q- E -- w _ _� c E -- w v 4 C C — � -0 C: � � c � c .� C ::3 c Q c C C 7 C O v O Q — O T� v v b-0 N > r6 � N u U Q z m O > -0 i LL - Z O v w Q d O u v d v cl� V) c v — u •�y >, - v Q O a 4J Q O E p U 4- N U) bbO vl d U r6 > L v m>-0 c N O to c LL v O c c c z> c v C c+ rU6 E O v � V) l0/l ' v E E U r6 v O Q v n O c ro O u' O Q m O N ,cm u o (v U s :::cl� Q o c U O 2 >, 00 � E c .� v v Q o m v v r6 ra 0 a)Q- U� m � m LL Lm U U= u D F To: Deschutes County Board of County Commissioners From: Ed Keith, County Forester Date: April 6, 2020 Subject: Fuels Reduction Discretionary Grants Report Amount applied for: $102,520 in 21 community applications Amount awarded: $40,000 for 18 communities Amount of match identified in successful applications: $237,107 The application period for communities to apply for fuel reduction grants opened in November 2019 and closed in December 2019. A committee reviewed the applications and applied a scoring criteria considering the community's Firewise status, match amount, scope, size and focus of the fuel reduction work, estimated costs, how the community would involve residents in the project, and risk of wildfire to the community. Awards were announced in January. Grant awards ranged from $4,000 to $1,000. Projects are slated to be completed this spring in advance of wildfire season with accomplishment reports due upon completion. While it is too early to report the total acres or properties treated it is likely that several hundred residents across the 18 communities will participate in and benefit from the identified fuel reduction projects. In addition, although the funding was not exclusively for Firewise Communities, this is the first grant program that recognized and offered an incentive for Firewise Community efforts in Deschutes County. The benefits of Firewise Communities are communities that have a plan and are organized around reducing their risks from wildfire. We currently have 35 recognized communities, ten more than this time last year, with several more in the process of gaining recognition. Based on the amount of applications and demand for the funding this program would be well received if there were another opportunity for communities to request funds in the next fiscal year. Cuftivating Growth 'Through Community Community Need: BendNEXT/Bend Chamber — Child Care Accelerator Initiative March 15, 2020 Amount Requested: $10,000 501c3: 93-1224982 Overview: Central Oregon is a recognized child care desert. One in three children in our region is in need of a child care spot. This has had a drastic impact on children, families and employers. A new study just released by The Center for American Progress ranks Oregon the highest in parents experiencing job disruptions as a result of child care issues at over 14 percent. Regionally, we are in need of thousands of spots. 11,550 Children 0-5 years Available Slots 1 Unmet demand/ Missing Slots Action to Date, Going Forward: Supply 62 total child care providers - Including Certified Child Care Centers, Certified and Registered Family Child Care, and Exempt Child Care. Excluding Preschool, Head Start and School -aged programs. 3,045 desired child capacity/available slots (Child Care Resource & Referral Naccrraware - September 2018) Demand 6,930 children 0-2 years 4,620 children 3-5 years (OSU Early Care & Education Profiles using PSU Center for Population Research -August 2018) To help address this need, a cross -sector group including The Bend Chamber, Governor Brown's Regional Solutions team, Better Together, The Early Learning Hub, Neighbor Impact, Central Oregon Health Council, TRACES, OSU-C and COCC created a Central Oregon Child Care Accelerator position to work with employers, providers, brokers and more to create additional spots. BendNEXT, the 501c3 arm of the Bend Chamber of Commerce stepped up to host and administer this initiative and accelerator position. The overall goal of this initiative in the short term is to break down barriers to developing more high quality and affordable child care options in the region, with an eye toward increasing available child care openings by 1,000 in the next two years. In order to achieve this goal, various solutions will be required to help providers and employers add more spots. Some identified strategies include: - Create a low-interest/grant program to assist providers/development of facilities; involve banks and other institutions to offer low interest loans Establish a capital campaign to create a child care "fund" Create a regional building inspector to streamline facilities RFI out to COAR and COBA for pro-bono work/reduced costs for child care facility construction/rehab - Continue to work and support local governments on improving policies and reducing barriers to create more child care spots - Work with COCC and OSU-Cascades to explore child care facilities co -located with our higher learning institutions - Create and fund positions to help providers, employers and property owners navigate state and local requirements The Central Oregon Child Care Accelerator position has been partially funded thanks to public, private and non-profit entities. We have raised over $100,000 to cover the position to date. We are requesting support to fill the remaining gap for the Central Oregon Child Care Accelerator position. Current needs are roughly $30,000 to fundraise to help cover expenses related to website, collateral material development and salary for year one ending in November of 2020. Deschutes County r FY 2021 Video Lottery Fund Allocations Draft Projected Amount Available: $1,003,300 PROGRAM Beginning Net Working Capital General Fund Transfer State Video Lottery Revenue Interest Revenue FY2020FY'2021 90,578 200,000 0 0 750,000 800,000 7,000 3,300 ':: 847,578 1,003,300 BALANCE NOTES 7!d REMAINING 200,000 0. 800,000 3,300:: 1,003,300' CATEGORY RESOURCES TOTAL RESOURCES Administration Personnel Internal5ervices Undesignated EDCO Regional Capacity/ Operational Support Local Capacity: Bend Local Capacity: La Pine Local Capacity: Redmond Local Capacity: Sisters vent,,,-o r-- 1-t o­. 0 -15,996 -15,996 -12,082 -12,082 -128,000 -10,000 -35,000 -15,000 -35,000 -25:000 0 0 0 0 0 0 0 0 0 0 0 ': 1,003300' Personnel expenses not charged to Video Lottery Fund. 1,003,300: 1,003,300 0 Optional to allow for unexpected revenue variations. 1,003,300 1,003,300' Request: $130,000, increase of $2,000. 1,003,300 Request: $15,000, increase of $5,000. 1,003,300' Request: $35,000, no increase. 1,003,300'. Request: $15,000, no increase. 1,003,300 Request: $35,000, no increase. 1,003 300 Request: $60,000, increase of $35,000 Sub-Total Undesignated Sub-Total Economic Development Business Loan Fund Recapitalization (Fund 105) Sunriver Chamber of Commerce Central Oregon Intergovernmental Council Shop -with -a -Cop Program Public Transit: Rural Services Arts & Culture fuels Reduction Grant One time project fund - affordable BencINEXT Childcare Accelerator Initiative Other: Central Oregon Council on Aging (COCOA) MountainStar Family Relief Nursery -Bar- / Cascade Youth and Family Services Redmond Senior Center KIDS Center Latino Community Association Bethlehem Inn Family Access Network (FAN) Saving Grace / Mary Place Central Oregon Veterans' Outreach (COVO) Court Appointed Special Advocates (CASA) Healthy Beginnin s Central Oregon 2-1-1 Upper Deschutes Watershed Council Other: Other: 0 -248,000 -40,000 0 -40,000 -3,000 -2,500 -20,000 -40,000 -20,000 0 0 -85500 -40,000 -18,000 -15,000 -4,000 -30,000 -20,.000 -32,000 -15,000 -17,000 -20,000 -30,000 -20,000 -10,000 -20,000 - 0 0 0 ': 0 0 0 0 0 -2,500 0 r' 0 + 0 0 :' 0 -2,500 0 0 0 '. 0 ' 0 0 0 0 0 0 , 0 0 0 0 0 0 1,003,300' 1,003,300 1,003,300 1,003,300, 1,003,300` 1,003,300 Request: $3,000, no increase. 1,000,800 Second year of biennial commitr 1,000,800 1,000,800 1,000,800. First time request: $10,000 1,000,800 1,000,800 1,000,800 Request: $75,000, increase of $2 1,000,800 No increase requested. 1,000,800' No increase requested. 1,000,800 Request: $8,000, increase of $4,1 1,000,800: Request: $60,000, increase of $3 1,000,800' No increase requested. 1,000,800 Request: $40,000, increase of $8 1,000,800' No increase requested. 1,000,800' Request: $25,000, increase of $8 1,000,8001 Request: $30,000, increase of $1 1,000,800' No increase requested. 1,000,800` No increase requested. 1,000,800 Request: $10,000, no increase. 1,000,800 Request: $20,000, no increase. 1,000,800 1,000,800 Sub-Total Other Economic Development Sub-Total Project Support Sub -Total Service Partners iary Grant Program Discretionary Grants Fundraising Grants Other: I ity Grant Program Emergency Food, Clothing a I :QUIREMENTS ORT Service PartnerGrant Prograrr Service Partners are organizations that 1) Provide a mandated or sole source service to residents of Deschutes County; 2) Were initiated, led, or created by the County; and/or 3) Perform services that the County would otherwise be obligated to provide OPI : I I I OFITAffini Leverage Grant Leverage ES $0 IM 2M 3M Granted $291,000 to 15 Service Providers, For every $1 granted, Service Providers leveraged nearly $12.28 for a total of over $3,500,000 Hours 1,300 Emergency 600 Child/Youth 3,800 Referrals Shelter Nights WACES Screens UFjTjTJ_7oWejM!7 Invasive We,� Removelf FM �U C E 5 CO Q BETHLEHEM INN Volunteer Coordination of Emergency Meals 2019-20 Award $32,000 (5% of project funding) Amount Requested 2020-21 $40,000 "The inn's partnership with Deschutes County will be more critical than ever during the upcoming year. The need for collaboration as we all address the rapidly growing, urgent food needs (37% increase) of families and adults experiencing homelessness will be essential. COVID-19 will have a significant economic impact on our region resulting in a critical need for Inn services." Kim Fischbach, Dir. of Philanthropy Community Need We respectfully request BOCC grant funding to help support the ever increasing demand for emergency shelter services and the projected record level of people served next year as a result of COVID-19. As the region's only shelter providing our level of emergency shelter, the Inn serves as a critical safety net in our region. Without access to the services uniquely provided by the Inn, economically disadvantaged adults and families are at greater risk of chronic poverty and certainly will have no other place to go as the region recovers from the devastating impact of the virus. The Deschutes County unemployment rate of 3.7% in Dec. 2019 is projected to sky rocket in Central Oregon i.e. week ending March 21 saw 880% increase in unemployment claims. Hundreds of adults/families who have lost their income may no longer have a safe place to live and will be seeking support from the Inn. The impact this will have on the Inn's fundraising revenue projections and on our Meal Program is significant. It will be essential for the Inn to seek emergency funding support along with traditional grant funding to address the extreme hunger and nutrition -related health conditions to mitigate the reduction in cognitive abilities, which make it even more difficult for homeless individuals to find and hold jobs. As of May 2019 the Inn began serving 30% more single adults (112 total beds) daily; August 2018 family services increased by 100% (38 total beds) daily; resulting in a nightly projection of 150 people. While the demand for meals was great before COVID-19, it is projected to be even more significant as we transition into the post virus months. Bethlehem Inn respectfully requests $40,000 for FY20121 to support our EMP, which will serve a projected 127,000 nutritious meals (4% increase) to over 1,300 children and adults next year. Funding will help support 1 FTE volunteer coor.; 1 FTE Kitchen Mgr to oversee the Meal Program which includes over 1,400 meal volunteers. Matching funds will help support 1 FTE Kitchen Steward and 1- .25 FTE facility assistant to support food inventory management and facility needs. Impact of Current Provide support for .06 (of .33FTE) volunteer/outreach staff, .5 (of 1 FTE) kitchen manager, .34 (of 1 FTE) kitchen steward to coordinate the EMP. • Staff recruit/train/schedule volunteers to provide a minimum of 6,500 hours • Volunteers serve up to 150 residents daily, providing a minimum of 108,000 meals %4Palthy P(-,uple:.Suppurt and odvancc the health and sofety of Deschutes Caunty's residents �vI t�s C� 2 G COURT APPOINTED SPECIAL ADVOCATES OF CENTRAL OREGON CASA 2019-20 Award $30,000 (5% of project funding) Amount Requested 2020-21 $30,000 "I've seen some extraordinary success stories, and in nearly every situation where we find a positive, long-term, safe home for a child, a CASA volunteer has been involved. They provide a gentle reminder, and sometimes a forceful push, to make sure we're always working to do what's best for the children." Jason Kropf, Deschutes County Deputy District Attorney & CASA Board Member Community Need Over the past six years, the County's CASA caseload has grown by 40%. In 2018, 315 children in Deschutes County were wards of the court and under legal custody of the Department of Human Services, up from 288 children in 2015, 248 children in 2014, and 228 in 2013. In 2019, CASA had the capacity to recruit, train and support volunteer advocates for 87.5% of children in foster care in Deschutes County. CASA respectfully requests $30,000 for FY 20-21 to fund .54 FTE of a Program Coordinator position. This calculation reflects wages and benefits for an experienced, college educated Program Coordinator earning $20.00/hr. National CASA standards for a Program Coordinator caseload is 1 FTE: 45 cases/30 volunteers. In the last fiscal year, the County funded CASA at $30,000, and as a direct result the average Deschutes County caseload for 1 FTE dropped from 78 cases/38 volunteers to 73 cases/36 volunteers per 1.0 FTE. A continuation in funding will allow CASA to afford the staff hours to continue to improve program capacity and serve more children. Impact of Current Investment Provide .54 (of 6 FTE) program staff to train/support CASA volunteers for children birth through age 18. • In the period July 1, 2019 to March 20, 2020 there are 251 unduplicated Deschutes County children in foster care. During the same period an average of 212 of children referred by the court have an assigned CASA. We estimate that there will be approximately 320 children in foster care from July 1, 2019-June 30, 2020. Comments Every time a child enters foster care in Deschutes County, CASA of Central Oregon is appointed by the judge to represent that child's best interests in all court proceedings. Despite the increase in need, and despite the fact that CASA programs are mandated by state law, the CASA program in Deschutes County received from the state general fund just 10% of the funding needed to serve all children in foster care in the FY 19-21 biennium. Children with CASAs tend to do better over time: 1) they transition into a safe, permanent home faster than children without a CASA's help; 2) they do better in school; 3) have fewer disciplinary problems, and; 4) receive more services. County support is essential for CASA of Central Oregon to have the staff to support enough volunteers to keep pace with the growth in Deschutes County. Ilealthy People: Support and a(.-Jvlonce the, health and safety o.f Deschutes 6,-)unty's residents LES C-0 a� COUNCIL ON AGING OF CENTRAL OREGON Volunteer Coordination of Meals on Wheels & Congregate Dining 2019-20 Award $30,000 direct service (4% of nutrition project funding) $10,000*add'I support (33% of equipment purchase) Amount Requested 2020-21 $75,000 in direct service support for food and labor "I appreciate what you're doing for us old folks. I am 91 years old, I don't drive and I don't cook. My closest family member is in Metolius and I am alone most of the time. I'm so thankful that you're doing what you're doing during this crisis." - Jean M., our client, on March 26, 2020 Community Need • Our older adult clients are in crisis. Because of their vulnerability to COVID-19, they are seeking our services at an explosive rate. During the first two weeks of the Governor's 'stay home' order, we added 15 clients to our Meals on Wheels routes in Deschutes County. • As well as daily deliveries and wellness checks, we are ensuring that each Meals on Wheels client receives and maintains a shelf -stable pack of five meals from us in case of any services interruption. Every day we field requests for additional services, and we are adding every client as quickly as we can qualify them and fit them into a route. • We have also transformed our community dining to drive -through hot lunch service in Bend, Sisters and LaPine three times per week (tripling our services in Bend and Sisters). We are providing box lunches as well as take-home frozen lunches for later. We have expanded community partnerships and are working with the Bend LaPine School District, Bend Food, Riff Coffee, the Giving Plate and many others. We are also using staff and volunteers to provide regularly phone check -ins for all clients to reduce isolation. • We respectfully and urgently request a significant increase in the Service Partner Grant to help us continue to meet the rapidly growing and ongoing demand for nutrition programs — Meals on Wheels and Congregate/Drive Through Dining —throughout Deschutes County. We are also requesting funds to help us hire a volunteer manager. Our total request is for $75,000: 25% of salary and benefits for a volunteer coordinator @ $15,000, additional food @$50,000, and increased volunteer mileage @$10,000. Impact of Current Investment Provide .6 FTE (of 3.2 FTE) to support nutrition programs. Serve over 2,000 unique clients. • Volunteers provide 11,000 hours to serve /or deliver a minimum of 76,000 meals • Support 33% of projected kitchen equipment purchase/repair and maintenance. Comments Your investment in services in these times of uncertainty will have a dramatic and lasting impact on our ability to serve our most vulnerable community members. Thank you! Nealfhy People: Suppor l olld aa'vance the health and safety of Oeschucns County's resioe nts C.�v� E S COG 41`-A CENTRAL OREGON VETERANS AND COMMUNITY OUTREACH k Homeless Outreach Coordinator 2019-20 Award Amount Requested 2020-21 $20,000 (21% of project funding) $30,000 "Since 2005 COVO has provided support and housing solutions for Deschutes County's homeless and disadvantaged Veterans and their families, helping hundreds on their way to building a stable life. Our outreach program provides lifesaving support to some of the hardest to reach and hardest to serve members of our community." JW Terry, Executive Director Community Need Central Oregon Veterans Outreach (COVO) had a significant increase in the number of people served in 2019 as compared to 2018. Total number of clients rose from 5,032 to 5,917 (18% increase), walk-ins at COVO rose from 3,368 to 4,093 (22% increase), the number served by the outreach teams rose from 1,664 to 1,824 (10% increase) and the number of veterans that are homeless or at risk rose from 122 to 174 (42% increase). Although COVO has made a concerted effort to combat homelessness, including strong partnerships with other service providers in Deschutes County, the numbers continue to rise in Deschutes County. COVO respectfully requests $30,000 to continue funding a portion of the outreach manager to oversee camp and street outreach efforts, and to train and support outreach volunteers. The manager works with community partners to enhance collaborative efforts for best addressing service to the homeless in Deschutes County. COVO is actively engaged in the Coordinated Entry System (CES) with the Central Oregon Continuum of Care (CoC), a collaborative effort to expedite the process for getting homeless persons into housing. COVO is leading the effort for maintaining a community -wide system specifically for expediting the housing process for homeless Veterans. The outreach manager is key to both these county -wide projects. In 2020-21, three priorities for outreach are identifying more isolated areas of Deschutes County with camps, connecting with the growing population of street camping in populated areas and reaching more homeless women Veterans. Impact of Current Investment Provide .5 FTE (of 1 FTE) outreach manager. • Train a minimum of 15 volunteers to provide 2,000 hours assisting outreach to homeless and/or low income people (distribute basic needs goods, refer to services/resources) • Minimum 3,000 contacts with homeless and low income people visiting the center • Minimum 1,200 contacts with homeless people in camps Comments COVO continually seeks viable solutions to better address homelessness in Deschutes County, for both Veterans and non -Veterans. We do this by building our network of community partners, believing in strength in collaboration. COVO fills a unique niche in services for those experiencing homelessness, affordable housing and Veterans of all eras. Healthy People: Support and advance the health and safety of Deschutes County's residents ES Cp�2 f 4 A FAMILY ACCESS NETWORK Elton Gregory Middle School FAN Advocate Project 2019-20 Award $15,000 (43% of one school project funding) Amount Requested 2020-21 $15,000 "Long term supportfrom Deschutes County has allowed FAN to serve the most vulnerable children in our community, those living in poverty or experiencing homelessness who struggle each and every day." Julie N. Lyche, FAN Executive Director Community Need A child that is well-fed, well -rested, and healthy is more likely to attend and stay in school, paving the way for success in school and later life. The direct placement of FAN advocates within the schools allows FAN to combat problems like this head-on. With the help of our 100+ community partners, FAN advocates serve nearly 8,000 children and family members each year, connecting them to a diverse array of assistance in one place. Local need • Over 1,050 children are homeless in Deschutes County • Nearly 45% of students in Deschutes County are eligible for free/reduced meals • One in four children will go to bed hungry on any given night • Over 25% of FAN clients are Latino, more than triple the County demographic These are the families that FAN serves Children who are living in poverty, belong to a minority, or live in rural areas do not receive the same opportunities as their peers. As highlighted in the book, Our Kids: The American Dream in Crisis, author Robert Putnam found that disparities are widening not shrinking. Additionally, many of the rural communities that FAN serves have higher percentages of children in poverty than that of the urban settings served through FAN. Impact of Current Investment Grant supports .47 FTE (of .94 FTE) FAN advocate at Elton Gregory Middle School to connect children and family members to basic -need resources. • Connect a minimum of 225 children and family members to basic -need resources • During the fall client survey, 100% of families reported that FAN improved their situation Comments Deschutes County is a key partner in our work to support local families, helping children thrive in school and life. We couldn't do it without you! Hcofz-Fly I'eciCtte. Sulaljoi`i and oa'vunce the heaf'th and softly rij Oeschutrs Counzy s residents L�vI E S C'0G HEALTHY BEGINNINGS 4 b4 5 Preschool Developmental Screening Project 2019-20 Award $20,000 (30 % of project funding) Amount Requested 2020-21 $20,000 "Studies have shown that children who receive early assessment and intervention for developmental disorders are more likely to graduate from high school, to hold jobs as adults, and are less likely to commit criminal acts than those who do not receive early intervention." Dr. James J Heckman, Nobel Prize winner, founder of the Heckman Institute Community Need Oregon estimates that nearly 38% (4 out of 10) of children enter kindergarten with barriers to their success. Healthy Beginnings' goal is to reach more of the 13,133 children in the county ages 0-6 that miss receiving a developmental screening (estimated at nearly 7,000 children). With increased demands on working families in Central Oregon, preschool screenings are an innovative solution to provide comprehensive developmental screenings for children in the preschool environment. In FY18-19, Healthy Beginnings screened 427 children Deschutes County through the preschool screening program. The program identified concerns in 186 children, providing referrals and follow up to connect them with services in development, hearing, and vision. Impact of Current Investment Grant supports .4 FTE (of 1.1 FTE) to coordinate a minimum of one preschool screening event per month. 300 children ages 0-6 receive an evidence based screening in development, behavior, hearing, and vision at preschool sites. • Follow up texts and email, and efaxing of all screening results to parents of all children assessed. Families who receive a referral receive text and email at 6 weeks to determine outcomes of the referral and help parents navigate any challenges they have. • Screening results sent to the medical provider, family, and shared with the preschool teacher to ensure closed loop communication between family, medical home & school. Comments Healthy Beginnings is a sole source provider of evidence -based preschool screenings in the region. Our program continues to create strong partnerships with other local service providers such as Deschutes County WIC, Healthy Families of the High Desert, United Way, Mosaic Medical, and MountainStar Family Relief Nursery in order to wrap around families in a collaborative way to identify concerns and risk factors as early as possible. Heolthv Pec)ple: �upport crud advance thtc, health onu'sofely of Desn'-wits County's residents �G\yT E S COG2 JBARJ CASCADE YOUTH & FAMILY CENTER o � Runaway &Homeless Youth Emergency Shelter Project 2019-20 Award $15,000 (6% of project funding) Amount Requested 2020-21 $15,000 "Cascade Youth & Family Center (CYFC) is the sole provider of a comprehensive spectrum of prevention and intervention services targeting runaway, homeless and street youth, including victims of human trafficking, in Deschutes County and the greater region." Stephanie Alvstad, ED Community Need The total number of homeless in Central Oregon has increased by 48% since 2015 (Point in Time Count data: 594 — 2015; 880 — 2019). The number of homeless children and youth has also increased — especially for those who are also unaccompanied and unsheltered. The following is data for children (under 18) and youth (18-24): • Homeless increased by 21% (184 — 2015; 223— 2019) • Unaccompanied homeless increased by 31% (55 — 2015; 72 — 2019) • Unaccompanied & unsheltered increased by 55% (29 — 2015; 45 — 2019) It is estimated that 30-40% of homeless youth are not identified. 2019 service totals include: • Shelter — 5,592 nights (emergency and transitional) for 114 youth (20% transgender) • 24-Hour Crisis Response - 8,000+ hotline calls • Street Outreach Youth Contacts (basic needs: food, clothing) - 1,033 (85-90/month) Impact of Current Investment Grant supports .18 (of 2.95 FTE) Case Manager to provide emergency shelter and crisis intervention/family mediation. • 1,300 nights of emergency shelter, crisis intervention and family mediation for a minimum of 60 youth • 90% of youth who have accessed shelter and received crisis intervention and/or mediation, will be reconnected with family or transition to other safe and stable living environments when leaving the program Comments CYFC's goal is to shelter the most vulnerable youth to reduce risk and end chronic homelessness. Youth access shelter directly off the street. In 2019, 37 human trafficking victims (33 sex/4 labor/1 both) were identified and served. Homeless youth are at higher risk for physical and sexual exploitation, mental health and substance abuse - even death. It is estimated that 5,000 homeless youth die each year as a result of assault, illness, or suicide. RHY services are largely funded through federal and state grants and donations. However, grant funds require that 10-25% of the project cost be provided through matching funds. Deschutes County grant funds continue to be crucial match funds for this project. tteoh.hy ('�otJ(e: Support and odvonce: the heorhh and suFely of Deschutes Coun'iy's r csk-ietlts E S (-p�2 KIDS CENTER Child Abuse Medical Evaluation Project 2019-20 Award $30,000 (15% of project funding) Amount Requested 2020-21 $30,000 "Support from the Board of County Commissioners helps ensure KIDS Center is able to provide medical evaluation services to Deschutes County's most vulnerable citizens: children who have experienced abuse. Support from the BOCC is more crucial than ever. As our population grows and more people experience societal stressors, sadly the incidences of child abuse rises as well. Continued support from the BOCC will ensure that children and families who have experienced abuse will receive compassionate and comprehensive professional services to heal from the trauma of abuse."- Gil Levy, Executive Director Community Need KIDS Center serves children (birth to 18) referred for all forms of abuse (sexual, physical, emotional, witness to violence, and drug endangerment). KIDS Center is the sole provider of medical evaluations, family support, and therapy for children referred by law enforcement, DHS/Child Welfare, licensed therapists, and medical professionals. • In 2018, Deschutes County had 3,496 child abuse reports to DHS/ Child Welfare, compared to 2,997 in 2017, a 14% increase. In 2019, KIDS Center served 2,156 unduplicated children, youth and families, conducting 435 evaluations total, a 26% increase over 2018. Additionally, medical providers fielded 26 medical consult calls from providers in Deschutes County. Calls resulted in work -up recommendations, referrals to investigative agencies and direct referrals for a child to be seen at KIDS Center. Impact of Current Investment Grant supports .15 FTE (of 1 FTE) lead medical examiner to conduct medical evaluations and consults on suspected victims of child abuse and/or neglect ages 0-18 years. All numbers are July 1 to December 31, 2019. • Perform medical assessments on 100% of children referred (92) • 100% of child abuse assessments will be cross reported to DHS and Law Enforcement (124 law enforcement investigations) • 100% of the cases referred to the DA's Office for prosecution (59 cases accepted) • Every child (and their families) served with a medical evaluation received additional services including family support and a referral to therapy (as appropriate) Comments KIDS Center employees three therapists who can provide immediate crisis intervention at the time of evaluation to help parents and family members de-escalate and remain present for their child during what can be a very challenging time. Safe Coma a nilies: &,,duce crime and recidhli.sm through prevention, irli(rvc:r70.on super0sion and enforcement T F S C0 a One-time amount requested 2020-21: $30,000 Project: Medical Equipment Upgrade KIDS CENTER Child Abuse Medical Evaluation Project Community Need KIDS Center seeks to provide the highest quality of medical evaluation services to children who have experienced abuse. In order to achieve this for our region's children, we hope to utilize a one-time grant from the Deschutes County Board of County Commissioners to purchase specialized cameras (Cortexflo Forensic Medical Cameras) to improve the photo documentation of injuries. The Cortexflo camera system would replace the aging colposcopes which are used to assess anogenital injuries. KIDS Center has employed these devices for over 13 years, and they no longer represent the highest possible quality of technology or care. On multiple occasions, the quality of the images and video captured has been so poor that experts have been unable to opine on the findings, creating complications for treatment and the investigative process. This is a disservice to our patients and community which could be effectively remedied through optimized technology. The cameras would also drastically improve the quality of physical abuse photos. Photos are a required element of carrying out Karly's Law requirements, and crucial to physical abuse investigations. Improved technology would have far-reaching impacts for the children & community we serve including; Decrease the likelihood of physical findings being deemed unable to determine for abuse. This decreases the likelihood of possible re-examination of children who have experienced abuse. Photo documentation of injuries and expert testimonials are often used in criminal court cases. Improved technology would impact the outcome of this process, strengthening criminal cases and increasing public safety. Impact of Investment Child abuse is a public health and public safety issue. The outcomes from a KIDS Center evaluation range from a child's ability to heal from the trauma of abuse, to investigative agencies (Law Enforcement, DHS- Child Welfare and Prosecution) being able to carry out their duties with the most information and evidence as possible. With the addition of these cameras, KIDS Center would be able to provide state of the art care to the region's most vulnerable children. Comments KIDS Center is the Designated Medical Professional (DMP) for Deschutes, Crook and Jefferson counties, meaning we are tasked with seeing all child abuse cases from those counties. KIDS center employs four specially trained Medical Providers and has capability of seeing multiple children a day for services. Vendor quotes and information about Cortexflo Forensic Medical Camera available upon request. .� .5�c?re �.orrtnnunit�res: F;�.vuce r_rrrne and recrdwr.,,rn through prevention, rnterver7Ewrx, supervision orra enforcen'ien �vIES CO 4CC, G2� o LATINO COMMUNITY ASSOCIATION Healthy Families & Family Empowerment Programs 2019-20 Award $20,000 (7% of project budget) Amount Requested 2020-21 $25,000 "Deschutes County funding support is absolutely critical to the sustainability of our services to vulnerable immigrant families, and it represents a reliable foundation of funding that helps us leverage over $240,000 and 200 volunteers." Brad Porterfield, Executive Director Community Need Requesting an increased funding level to support growing demand for our uniquely -tailored services, advocacy and consulting role. Immigrant Latino families in our communities are one of our most vulnerable and underserved populations. Key data indicators include: • Fastest growing segment (20% since 2000) with the • Lowest median age at 26, the • Highest rate of labor force participation (78%), yet also with the • Lowest average per capita income ($17,267) and the • Highest rate of uninsured (20.3%) referring to health insurance Immigrant Latino families face unique barriers such as English proficiency and they are currently under heightened stress due to the federal administration's portrayal of immigrants -of -color as less than. Last year, we moved to a slightly larger, more welcoming office in Bend to serve additional families and we hired a Development Manager to strengthen our chances at maintaining stable revenues to support our growth. This move increased our annual facility costs by $15,000 and we already need more space. We partner with churches and schools to utilize class space for our English and Citizenship classes, but to be more efficient and effective, we need to bring most of these services in-house. We anticipate hiring a Workforce Navigator this spring and we need Deschutes County's support to make this happen. Impact of Current Investment Provide 0.42 FTE (of 3.8 FTE) to operate Healthy Families and Family Empowerment programs • Enroll minimum of 750 clients in health insurance • Low-cost dental services for a minimum of 50 clients • Coordinate information & referrals for minimum of 250 clients • Provide minimum 75 free legal consultations • Provide citizenship assistance for 35 clients Comments On a budget of $594,000, LCA services impacted the lives of 10,000 family members last year. Many of LCA's immigrant families are now living in fear and with great uncertainty, which is increasing the urgency and demand for our services. LCA's role as a resource hub, cultural consultant and facilitator of community conversations has never been more needed. Healthy People: Support and advance the health and safety of Deschutes County's residents MOUNTAINSTAR FAMILY RELIEF NURSERY Therapeutic Early Childhood Classroom and Safety Net Projects 2019-20 Award $18,000 (3% of project funding) Amount Requested 2020-21 $18,000 "According to a recent analysis by DHS/Child Welfare, 9 years after exiting an Oregon Relief Nursery program, 90% of children remained free of foster care. Our new center in Redmond will help more young children in Deschutes County get help." Tim Rusk, Executive Director Community Need Deschutes County Data: There has been a dramatic increase in the number of children in DHS/Child Welfare. 21% increase in the number of children in foster care from 2015 to 2019: 231 children in foster care in 2015 to 280 children in 2019 (Children First For Oregon County Data Book) 99% increase in incidents of abuse and neglect from 2015 to 2019: 345 children in 2015 to 688 children in 2019 (Children First For Oregon County Data Book) MountainStar Data: Average of 13 family "risk factors" (such as mental health or substance abuse issues) for child abuse and neglect Parents have an average Adverse Childhood Experience (ACE) score of 6 (ACE score scale is 0-10). An ACE score of 4 or more predicts adverse long-term health outcomes including a two- to five -fold increase in chronic disease state, six- to 12- fold increase in mental illness and addiction disorders in addition to an increase in learning disabilities and behavioral disorders. In Central Oregon, there are over 5,000 children ages 0-3 considered at -risk. MountainStar currently serves just 6% of this population. 98% of our client families live in poverty and 100% meet the OR state definition of at -risk. Impact of Current Investment Grant supports .27 FTE (of 1.0 FTE Program Manager) to support Relief Nursery Therapeutic Early Childhood and Outreach Programs in Bend. • Therapeutic early childhood classes, home visiting, parent support, and transportation for a minimum of 80 children ages 0-4 Safety Net services (crisis intervention, home visits and basic needs support) for a minimum of 125 children and their families Comments MountainStar raises $1.2 in private investment for every $1 of government funding. PSU documented a 4:1 return on investment (ROI) for the Salem Relief Nursery. Nationally, investments in early childhood are documented at a 12:1 ROI which exceeds most other economic development projects. MountainStar Bend's early childhood classes are rated 5-stars by the State. In FY 2018-19, 98% of the children served remained free from confirmed cases of abuse and neglect. MountainStar offers services in Bend, Redmond, and La Pine. Hfeohhy and advance the health owl softy o Dc-.,schutc s County's resirz`ents ES CpGZ REDMOND SENIOR CENTER Food for Meals on Wheels & Congregate Meals Project 2019-20 Award $4,000 (6% of project funding) Amount Requested 2020-21 $8,000 "I cannot shop for myself and look forward to getting my daily meal and visiting with my Meals on Wheels driver every day. God Bless you all." Grateful Meals -on -Wheels Client Community Need The Redmond Senior Center has been serving older adults for over 70 years with little to no direct tax funding. We are the only resource focused solely on senior citizens in this area, serving Redmond, Crooked River Ranch, Eagle Crest, Terrebonne, Powell Butte, Alfalfa, and all areas in between. Currently, over 23% of the Redmond area population is 50 or older according to the last census. By 2025, the number of seniors is expected to double. With the high cost of housing, rising food and prescription drug costs, and lack of public transit, many older citizens are finding it harder to afford nutritious meals and activities they can afford. Currently, the Center delivers over 100 meals, Monday -Friday through our Meals on Wheels Program, and those numbers are increasing every day due to the Coronavirus outbreak. Our Congregate Meal Program has changed from dining in the Center, to having those meals delivered as well (30 per day, adding additional clients every day). We have the capacity to serve 250 meals for seniors each day and are confident we will reach that number. Requesting an increase in funding to keep pace with: • Increase in numbers of unduplicated clients for Meals on Wheels and Home Food Delivery Service due to the Coronavirus pandemic • Demand for more services while funding remains flat • Substantially higher food and staffing costs Impact of Current Investment Support 6% of the$68,000 annual food cost for Meals on Wheels and congregate meals. Comments The Center served 41,000+ meals last fiscal year. We are on track to increase that number by 50-100% this fiscal year. Although we are subsidized by funds through the Council on Aging, our cost analysis indicates we will lose $2.78 per meal served. H' ohhy People: Support rt omd odvonce ,he heolth ood safety t f Deschutes County's resident a Cl A' A � 2019-20 Award SAVING GRACE Mary's Place Supervised Visitation & Safe Exchange Center Amount Requested 2020-21 $17,000 (3% of project funding) $25,000 "Without Mary's Place I'd be under constant attack from the other parent with no way to protect myself. You have been my children's voice and so helpful." Mary's Place client. "The BOCC Service Partner Grant is critical to our ability to provide safe, trauma -informed visits and exchanges for County families impacted by domestic violence." Gail Bartley, Mary's Place Program Manager Community Need During FY2018-19 in the County, 4,125 individual victims of domestic violence, sexual assault and/or stalking received 13,265 vital safety services from Saving Grace including shelter, 24-hr hotline, group and individual counseling, and legal assistance, a 14% increase is services over FY 2017-18. • Demand for Mary's Place (MP) services increased significantly in FY 2019-20. From July 2018 — February 2019 MP provided 768 visits and exchanges. However, from July 2019 — February 2020, MP provided 1,119 visits and exchanges, a 46% increase. An increase in funding will support supervision of staff who provide these direct services. • A key strategy for survivors and their children seeking increased protection from an abusive partner is a restraining order. During FY 2018-19, of 418 restraining orders granted in Deschutes County Court (more than one per day) 172 involved children. 55 of these families were referred to MP due to serious safety concerns. • Mary's Place is the sole provider of free domestic violence -specific supervised visit and exchange including case management in Oregon. • 66% of all children who received services at Mary's Place were aged 0-6, a highly vulnerable age for trauma and injury related to living with domestic violence. Impact of Current Investment Provide .22 FTE (of 1 FTE) to supervise staff who facilitate supervised visits and safe exchanges for families that have experienced domestic violence, sexual assault, stalking and/or child abuse. Serve an average of 40 families each month Facilitate a minimum of 1,200 supervised visits (on average 2.5 hours per visit/family/week) and safe exchanges (multiple times week to several times/month) for families that have experienced domestic violence Comments Following the pattern of other natural disasters, it is anticipated that the incidence of domestic violence within families will significantly increase due to COVID 19 which has made leaving unsafe homes impossible for survivors and their children. In FY 20-21 Mary's Place anticipates a surge in demand for supervised visitation and safe exchange. Safe C onnrruuniiies: Reduce cone and recidivism through 10/IT SUDeITISIOIn one, ergforceinent To: Deschutes County Board of Commissioners From: Laura Skundrick, Administrative Analyst Date: April 6, 2020 Subject: Deschutes County Service Partner Program Results: UDWC & 2-1-1 Each year, the Deschutes County Board of Commissioners reviews and determines allocations to be made from the Video Lottery Fund, including those made to the Service Partner Program. The majority of the Service Partners provide human services that are somewhat related to other contractual agreements with the County. As a result, their efforts are monitored by staff in the Health Services Department for efficiency. However, two Service Partners, the Upper Deschutes Watershed Council (UDWC) and Central Oregon 2-1-1 (211), do not operate under agreements outside the Service Partner Program and are monitored by staff in the Department of Administrative Services. This memorandum addresses the results of those two entities. Upper Deschutes Watershed Council In FY 2020, the Upper Deschutes Watershed Council received $20,000 as a Deschutes County Service Partner. Annual funding from Deschutes County has enabled the UDWC to maximize and leverage project specific funding and accomplish valuable outreach to keep community members, landowners, and civic leaders engaged and informed about the importance of watershed restoration and long-term protection. Recent significant accomplishments include: Annual Deschutes River Clean-up was held in July and nearly 300 volunteers removed 1,360 pounds of garbage and invasive weeds from in and along the river. Four restoration projects are being designed and planned for implementation in 2020 and 2021: a BPRD project at Riverbend Park; a Creekside Park project with City of Sisters; a project to remove the last fish passage barrier in Whychus Creek in partnership with Three Sister Irrigation Disrict, the U.S. Forest Service, and private landowners; and a project on Whychus Creek with Deschutes Land Trust. • The Youth Education Program creates place -based education activities for approximately 3,000 kids per year in Central Oregon, connecting students in local school districts to the natural world through art, writing, science and watershed education. Changes have been made due to COVID-19 to deliver remote education opportunities that teachers and students can use while at home. • Coordination of continuous watershed monitoring program to monitor stream temperatures and water quality at various locations in Central Oregon, and ensuring that UDWC restoration activities are beneficial and effective ways to protect and restore local rivers and streams. Central Oregon 2-1-1 2-1-1 is a non-profit organization funded by state and municipal contracts, foundations, United Ways, donations and community partners in Oregon and Southwest Washington. The purpose of the program is to empower Oregon and Southwest Washington communities by helping people identify, navigate and connect with the local resources they need. In FY 2020, Central Oregon 2-1-1 received $10,000 as a Deschutes County Service Partner. Between July 2019 and February 2020, the service made 1,784 contacts with Deschutes County residents seeking information and referrals, including: • 8842-1-1 phone calls • 41 2-1-1 emails • 105 text messages • 754 Web searches Mobile application generated messages data not available at this time E s C- o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Monday Meeting of April 6, 2020 DATE: April 1, 2020 FROM: Laura Skundrick, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: 2019-20 Q4 Discretionary Grant Review RECOMMENDATION & ACTION REQUESTED: Review applications and determine awards for discretionary grant applications submitted for the fourth quarter of 2019-20. BACKGROUND AND POLICY IMPLICATIONS: Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant Program and makes awards accordingly. On April 6, 2020, the Board will consider requests made for activities to take place beginning on or about the fourth quarter of 2019-20. ATTENDANCE: Laura Skundrick, Administrative Services