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2020-314-Minutes for Meeting July 29,2020 Recorded 8/28/2020OT ES C0G� BOARD OF o -< COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 11 IXITS W11 Recorded in Deschutes County C J2020_314 Nancy Blankenship, County Clerk Commissioners' Journal 08/28/2020 4:08:47 PM p,\y�IiFSColl l{ IIIIIIIIII'�IIIIIIIIIIIIIII I III 2020-314 FOR RECORDING STAMP ONLY Wednesday, July 29, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair and Phil Henderson, and Anthony DeBone (via Zoom conference call). Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call) ; and Sharon Keith, Board Executive Assistant (via Zoom conference call). In room attendance was limited based on Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Adair called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: An email for Citizen Input was received prior to 9:00 a.m. this morning from Doug Hoschek, Sunriver resident, asking the Commissioners to consider reinstating the short term rental order and stressing the importance of wearing face masks during the COVID19 pandemic. BOCC MEETING JULY 29, 2020 PAGE 1 OF 9 CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda DEBONE: Move approval of Consent Agenda Items 1 - 10 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of ReslutionNo. 2020-013, Setting a Public Hearing Date for the Proposed Jurisdictional Surrender of Various Roads to the City of Bend, Oregon 2. Consideration of Board Signature of Document No. 2020-316, Services Agreement with Dr. Marc Williams 3. Consideration of Board Signature of Document No. 2020-522, Dedication Deed from Deschutes County for the Powell Butte Hwy/Alfalfa Market Rd/Neff Rd Roundabout Project 4. Consideration of Board Signature of Document No. 2020-523, Dedication Deed from Deschutes County for the Tumalo Rd/Tumalo PI Intersection Improvement Project 5. Consideration of Board Signature of Document N'o. 2020-492: Gate Permit No. 20-001, Authorizing Christopher P. Jackson, Michele L. Africa, and EOS Real Estate Investments III, LLC to Construct, Operate, and Maintain a Gate on Bonanza Lane North of Stage Stop Drive 6. Approval of Minutes of the Budget Hearing Week: May 26, 27, 28, and 29, 2020 7. Approval of Minutes of the May 28, 2020 BOCC Meeting 8. Approval of Minutes of the June 17, 2020 BOCC Meeting 9. Approval of Minutes of the July 8, 2020 BOCC Meeting 10.Approval of Minutes of the July 15, 2020 BOCC Meeting CONVENE AS THE GOVERNING BODY OF BLACK BUTTE RANCH SERVICE DISTRICT BOCC MEETING JULY 29, 2020 PAGE 2 OF 9 11.Consideration of Board Signature to Appoint Jeff Swan to the Black Butte Ranch County Service District HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY ACTION ITEMS: 12.Consideration of Board Signature of Document No. 2020-328, Telecare Mental Health Services of Oregon Molly Darling, Health Services (via Zoom conference call), presented the item for discussion and identified incorrectly listed items in the document for correction. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 13.Consideration of Second Reading: Ordinance No. 2020-007, Housekeeping Amendments Zechariah Heck, Community Development Department (via Zoom conference call), presented the Ordinance for consideration of the second reading. BOCC MEETING JULY 29, 2020 PAGE 3 OF 9 DEBONE: Move approval of second reading of Ordinance No. 2020-007, by title only HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair read the Ordinance by title only into the record. HENDERSON: Move adoption of Ordinance No. 2020-007 DEBONE: Second VOTE: HENDERSON: DEBONE: D• Yes Yes Chair votes yes. Motion Carried 14.DELIBERATIONS: Historic Preservation Amendments Zechariah Heck, Community Development Department (via Zoom conference call) presented the deliberations following the public hearing held on July 22 on the proposed amendments. Commissioner Henderson commented on the difference between the state of Oregon code and that of Deschutes County. Mr. Heck will include a paragraph to include a notation that the amendments were adopted to reflect state of Oregon code. Commissioner DeBone recommended including a statement in the Comprehensive Plan and a reference to the Comprehensive Plan in the Deschutes County Code that the state has determined local review was necessary. HENDERSON: Move to close the deliberations DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING JULY 29, 2020 PAGE 4 OF 9 HENDERSON: Move first reading of Ordinance No. 2020-006 by title only DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair read the Ordinance into the record by title only. 15.COVID19 Update Health Services Dr. George Conway, Public Health Director Nahad Sadr-Azodi and Dr. Richard Fawcett were present via Zoom conference call. RECESS: A recess was taken at 10:41 a.m. and the meeting was reconvened at 10:44 a.m. Commissioner DeBone mentioned the new feature of the meeting today where the COVID19 Update will be broadcast live via Facebook. Dr. Conway presented an update on long-term care facilities outbreaks. There are six current local facilities that meet the criteria of an outbreak. Testing will be done weekly until there are no infected individuals. Mr. Sadr-Azodi presented the COVID19 Public Health Update. Presentation attached to the record. Commissioner Adair stressed the importance for the community taking the COVID19 testing to self quarantine until the results come back negative. Dr. Fawcett reported on the COVID19 infections in the community and hospitalizations. Factors of reopening schools in the Fall were discussed. To reopen, the infection rate must be brought down by wearing face masks, maintain distance, and wash hands. Commissioner Adair commented on her hope that TSA will begin taking temperatures of people prior to getting on a plane for travel. Commissioner Henderson inquired if Dr. Conway was involved in setting school reopening BOCC MEETING DULY 29, 2020 PAGE 5 OF 9 policy. Mr. Sadr-Azodi stated his opinion that a critical step in the fight against COVID19 is to get flu shots this fall. Dr. Conway reported on the status of testing results in the long-term facility outbreaks. RECESS: At the time of 11:41 a.m. the Board went into recess and reconvened at 12:59 p.m. Commissioner Adair thanked videographer Alex Lyon for his service video recording for Deschutes County. Commissioner Adair announced the virtual livestock auction this weekend and encouraged the community to support the youth of FFA/4H. 16.Continued Discussions on Deschutes County Vacant Positions Commissioner Adair reported on the vacancies that are grant funded. County Administrator Anderson commented on the hiring freeze and the positions that are critical to the county. Commissioner Henderson acknowleged grant funded positions are those that are only funded through the grant period. Commissioner Adair reviewed six positions for the Health Services department that were requested and advocated byjanice Garceau. Human Resources Director Kathleen Hinman (via Zoom conference call) stated the positions are listed on the vacant position report. Ms. Garceau (via Zoom conference call) asked for clarity on grant funded positions verses needing to wait for a weekly review of vacancies. Commissioner Henderson commented on the sacrifices the smaller departments are making with their staffing levels. Commissioner Henderson stated Health is a large department and would like a review on positions that may not be essential at this time. Commissioner Adair asked for a better BOCC MEETING JULY 29, 2020 PAGE 6 OF 9 sorted graph to allow for clarity. Commissioner DeBone supports 1 % reduction and does not support a 1.5% reduction. The Board supported moving forward on positions that are authorized as services under grant awards. County Administrator Anderson will oversee a revised graph of vacant positions and will check with departments to consider positions that do not need to be filled at this time. 17.Harper Bridge Update County Administrator Anderson presented this item on behalf of the Crosswater Home Owners Association regarding the safety and tresspassing concerns at Harper Bridge. Road Department Director Chris Doty and Sheriff's Office Captain Paul Garrison (via Zoom conference call). Mr. Anderson reported there are people jumping from the bridge and an Ordinance enacting new county code will be considered to prohibit jumping from the bridge. Commissioner Adair supports a meeting with the Crosswater HOA and stresses the need to enforce public safety. Commissioner Henderson also feels the local recreation and shuttle services should be involved in options. Commissioner DeBone commented on frustrations he has heard from the community. DCSO Captain Paul Garrison commented on the continual problem at Harper Bridge with parking violations and traffic congestion. Commissioner Adair would support having a full time officer stationed at Harper Bridge to maintain public safety and due to the increased activity during the COVID19 pandemic could possibly be reimbursed through the CARES funding. Mr. Doty stated additional parking signs will be posted along with additional no jumping signs. Enforcement authority relative to public safety, loitering, and jumping from bridges requires the inclusion in Deschutes County Code. A public hearing can be set to consider the proposed prohibitions. County Administrator Anderson suggested inviting the Crosswater HOA to the public hearing that will be scheduled for Wednesday, August 12. Commissioner Adair commented on people using the bridge who are then trespassing on private property. Mr. Doty encouraged the property owners BOCC MEETING JULY 29, 2020 PAGE 7 OF 9 to post no trespassing signs. Mr. Doty has been working with Sunriver Police Department regarding signage locations. COMMISSIONER UPDATES: • Commissioner Henderson reported on the success of the Business Oregon grant program within Bend and outside of Bend area. County Administrator Anderson commented on the funding that will be available through the CARES Act and a committee that will be formed to explore additional funding options. • Commissioner Henderson inquired on the motel that was rented for the COVID19 pandemic housing. Mr. Anderson stated the majority of the use by Neighborlmpact vulnerable population verses homeless COVID population. • Commissioner DeBone reported on the Central Oregon Visitor's Association discussions and concerns relative to tourism during the COVID19 pandemic. • Commissioner Henderson is working with Biofuels on technology of converting waste to diesel type fuels and they are interested in working with Solid Waste department. Commissioner DeBone is an advocate and also pointed out there is another company interested in a similar process and presentation. Commissioner Henderson will invite them for a presentation. EXECUTIVE SESSION: At the time of 2:20 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of the session at 2:33 p.m. At the time of 2:33 pm. the Board went into Executive Session unders ORS 192.660 (2) (d) Labor Negotiations. The Board came out of the Session at 2:36 p.m. At the time of 2:40 pm. the Board went into Executive Session unders ORS 192.660 (2) (i) Employee Evaluation. The Board came out of the Session at 3:20 p.m. BOCC MEETING JULY 29, 2020 PAGE 8 OF 9 At the time of 3:22 pm. the Board went into Executive Session unders ORS 192.660 (2) (i) Employee Evaluation. The Board came out of the Session at 3:36 p.m. t, i P Il .mow, . Being no further items to come before the Board, the meeting was adjourned at 3:33 p.m. DATED this 1-2- Day of 2020 for the Deschutes County Board of Commissioners. T°TI ADAIR, CHAIR ATTEST: RECORDING SECRETARY r ILI a COMMISSIONER BOCC MEETING JULY 29, 2020 PAGE 9 OF 9 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, WEDNESDAY, DULY 29, 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. orgy/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. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetLoga. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizen input@deschutes orgy or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda Wednesday, July 29, 2020 Page 1 of 4 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2020-013, Setting a Public Hearing Date for the Proposed Jurisdictional Surrender of Various Roads to the City of Bend, Oregon 2. Consideration of Board Signature of Document No. 2020-316. Services Agreement with Dr. Marc Williams 3. Consideration of Board Signature of Document No. 2020-522, Dedication Deed from Deschutes County for the Powell Butte Hwy/Alfalfa Market Rd/Neff Rd Roundabout Project 4. Consideration of Board Signature of Document No. 2020-523, Dedication Deed from Deschutes County for the Tumalo Rd/Tumalo PI Intersection Improvement Project 5. Consideration of Board Signature of Document No. 2020-492: Gate Permit No. 20- 001, Authorizing Christopher P. Jackson, Michele L. Africa, and EOS Real Estate Investments III, LLC to Construct, Operate, and Maintain a Gate on Bonanza Lane North of Stage Stop Drive 6. Approval of Minutes of the Budget Hearing Week: May 26, 27, 28, and 29, 2020 7. Approval of Minutes of the May 28, 2020 BOCC Meeting 8. Approval of Minutes of the June 17, 2020 BOCC Meeting Board of Commissioners BOCC Meeting Agenda Wednesday, July 29, 2020 Page 2 of 4 9. Approval of Minutes of the July 8, 2020 BOCC Meeting 10.Approval of Minutes of the July 15, 2020 BOCC Meeting 11.Consideration of Board Signature to AppointJeff Swan to the Black Butte Ranch County Service District ACTION ITEMS 12. 10:10 AM Consideration of Board Signature of Document No. 2020-328, Telecare Mental Health Services of Oregon - Molly Darling, Behavioral Health Program Manager 13. 10:20 AM CONSIDERATION OF SECOND READING: Ordinance No. 2020-007, Housekeeping Amendments - Zechariah Heck, Associate Planner 14. 10:30 AM DELIBERATIONS: Historic Preservation Amendments - Zechariah Heck, 15. 11:00AM LUNCH RECESS 16. 1:00 PM 17. 1:30 PM OTHER ITEMS Associate Planner COVID19 Update Continued Discussions on Deschutes County Vacant Positions Harper Bridge Update 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. 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. Board of Commissioners BOCC Meeting Agenda Wednesday, July 29, 2020 Page 3 of 4 Executive Session under ORS 192.660 (2) (i) Employee Evaluation 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. 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 (S41) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/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 Wednesday, July 29, 2020 Page 4 of 4 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of July 29, 2020 DATE: July 23, 2020 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: DELIBERATIONS: Historic Preservation Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners held a public hearing on July 22, 2020 concerning legislative amendments to update the County's historic preservation ordinance, Deschutes County Code Chapter 2.28 and the Comprehensive Plan. Staff scheduled a follow-up meeting on July 29, 2020 for the Board to conduct deliberations on the proposed amendments. FISCAL IMPLICATIONS: None ATTENDANCE: Zechariah Heck, Associate Planner PPI TO: FROM: DATE: RE: MEMORANDUM Deschutes County Board of Commissioners Zechariah Heck, AICP, Associate Planner July 23, 2020 Amendments to the Historic Preservation Ordinance - Deliberations The Board of County Commissioners (Board) held a public hearing on July 22, 2020 concerning legislative amendments to update the County's historic preservation ordinance, Deschutes County Code (DCC) Chapter 2.28 and the Comprehensive Plan.' The Board closed the record at the end of the meeting after no public comments were provided. A follow-up meeting on July 29, 2020 is scheduled for the Board to conduct deliberations on the proposed amendments. The public meeting will be held in the Deschutes Services Center, Barnes and Sawyer rooms and conducted electronically and by phone. PROPOSAL The amendments update the Comprehensive Plan and DCC to comply with Oregon Administrative Rule (OAR) 660-023-0200 - Historic Resources.2 The proposal does not expand or takeaway protections beyond what is required in State rules. The amendments do not necessarily make it easier or harder to list a historic resource on the County's Goal 5 Historic Inventory. No additional historic resources are proposed to be listed beyond what DCC and the Comprehensive Plan currently recognize. Again, the amendments align County Code with State rules. II. SUMMARY OF AMENDMENTS The proposed amendments are summarized in Table 1, below. For reference, the proposed ordinance with exhibits that depict the full scope of changes to DCC Chapter 2.28 and the Comprehensive Plan in tracked changes is provided as an attachment. Table 1 - Overview of Amendments DCC 2.28 Overview 2.28.010 -Purpose • Delete "buildings" & add "objects" to align with definitions and reduce redundancy. ' The full record was provided to the Board during the July 20, 2020 work session; meeting materials can be downloaded at www.deschutes.org/meetings. 2 Updates to OAR 660-023-0200 became effective on February 23, 2017. 11 7 1\1W 1 if,)ye to Ave nl e, Bend, Oregon 97703 1 P.O. Fox 6005, Bend, OR 97708 6005 Q� (541) 388-6575 c cdd deschute .org ewvvw.deschutes.org/cd DCC 2.28 Overview • Add several new definitions to clarify protections and process 2.28.020 - Definitions requirements. 2.28.030 - Applicability Update language to refer to new definitions. • Delete "secretary' as an officer position. Clarify process based on new definitions and updated 2.28.040 - Administration requirements. • Update references to other sections of DCC. 2.28.050 - Criteria Update language to refer to new definitions. • Clarify procedures for designating a historic resource to the County's local Goal 5 inventory. • Delete separate procedures for designation of buildings, districts, 2.28.060 - Procedures and sites. Combine into one overarching procedure based on updated definitions. • Clarify procedures for landmarks on the NRHP and explain the difference from the local Goal 5 inventory. Add new language in reference to the Goal 5 inventory, (i.e., 2.28.070 - Historic and Cultural "Resource List"). resource Survey and Inventory • Specify requirements and technical language used in historic surveys and inventories. 2.28.080 -Designation not a Pecommenclation for Federal . 1lpdate language to refer to new definitions. Action Clarify process for exterior alterations to both Goal 5 inventoried 2.28.090 - Exterior Alteration resources and those listed on the NRHP. and New Building Structure "Alterations to a NRHP landmark listed on or after February 23, Restrictions 2017, are no longer subject to County review. This is the most significant change from the existing requirements. 2.28.100 - Demolition and • Update language to refer to new definitions. Relocation of Significant • Add review criteria for demolition or relocation of National Historic Resources Register Resources. 2.28.110 - Records and Artifact • Update language to refer to new definitions. Preservation 2.28.120 - Signs/Plaques • Update language to refer to new definitions. 2.28.130 - Redevelopment and Neighborhood Improvement • Update language to refer to new definitions. Projects Review by Commission 2.28.140 - Enforcement of State • Clarify the Countys responsibility in reviewing proposals to alter, Preservation Laws relocate, or demolish Archaeological Resources. Page 2 of 4 DCC 2.28 Overview Update language to refer to new definitions. 2.28.150 - Appeals Delete reference to reconsideration. 2.28.160 - Penalties Update reference to specific sections of DCC. 2.28.170 - Oregon State Special Assessment of Historic Delete subsection based on feedback from SHPO (not necessary). Properties *New* 2.28.170 - Preservation • Add language based on model ordinance and State law. of Archaeological Resources *New* 2.28.180 - Removal of a Add language based on model ordinance and State law. Significant Historic Resource Clarify process for removing a resource from the Goal 5 from the Resource List inventory. *New* 2.28.190 - Add new section with existing language on condemnation Condemnation Proceedings proceedings (previously located in DCC 2.28.100). Comprehensive Plan Overview • Update background section. Section 2.11 Cultural and • Update number of sites (ten years have passed since last Historic Resources Policies update). Delete section on need to include National Register Resources. Include new definitions. Section 5.9 Goal 5 Inventory • Update inventory. Cultural and Historic Resources • Create two new categories: Locally Significant Historic Resources and National Register Resources. 111111. POSSIBLE EDIT TO AMENDMENTS Commissioner DeBone discussed a potential edit at the end of the public hearing on July 22, 2020. Staff offers the following edit as a starting point for the Board to further consider: 2.28.140. Enforcement of State Preservation Laws. C. Applications to alter, relocate, or demolish a known Archaeological Resource a e It -alresetti-eeshall be forwarded to the state archeologist for comment. If the state determines a local review is necessary, Deschutes County shall- follow Section 2 28 090 or 2 28 100 depending on the nature of the request and utilize applicable sections of the Secretary of the Interior's Standards and Guidelines for Archeology to determine the appropriateness of the a application. Original amendments are provided above in red, underlined text; the suggested edit is provided in red, bold, underlined text. As described by staff at the hearing, the Board has discretion to edit this section as seen fit, or, keep the original text. Page 3 of 4 Staff will be ready to edit the amendments as directed by the Board during the July 29 deliberations meeting. Attachment: 1. Proposed Ordinance 2020-006 (DCC 2.28, Comprehensive Plan Section 2.11 & 5.9) Page 4 of 4 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 2, Administration, and, Title 23, Deschutes County Comprehensive Plan, to Update the County's Historic Resource Inventory and the * ORDINANCE NO. 2020-006 County's Historic Preservation Ordinance to Comply with the State's Historic Preservation Rule in OAR 660-023-0200. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File Nos. 247-20-000253-PA and 247-20-000254-TA) to the Deschutes County Comprehensive Plan, Chapter 2, Resource Management, Chapter 5, Supplemental Sections, and Deschutes County Code ("DCC"), Chapter 2.28, Historic Preservation and Historic Landmarks Commission to update the County's Historic Resource Inventory and the County's Historic Preservation Ordinance to comply with the State's Historic Preservation Rule in OAR 660-023-0200; and WHEREAS, the Deschutes County Historic Landmarks Commission reviewed the proposed amendments on June 1, 2020, and the Planning Commission reviewed the proposed amendments on June 25, 2020, with both Commissions then forwarding a recommendation of approval to the Deschutes County Board of County Commissioners ("Board"); and WHEREAS, the Board considered this matter after a duly noticed public hearing on , 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive Plan Title 23 and Deschutes County Code Chapter 2.28; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 23.01.010, Introduction, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in 'f''�. Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource Management, is amended to read as described in Exhibit `B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplemental Sections, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s'f�'� h. PAGE 1 OF 2 - ORDINANCE NO.2020-006 Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary Section — Legislative History, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfike�h. Section 5. AMENDMENT. Deschutes County Code Chapter 2.28, Historic Preservation and Historic Landmarks Commission, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik�gh. Section 6. FINDINGS. The Board adopts as its findings Exhibit "F", attached and incorporated by reference herein. Dated this of 52020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON Date of 1It Reading: day of .2020. Date of 2nd Reading: , day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Philip G. Henderson Patti Adair Anthony DeBone Effective date: day of .2020. PAGE 2 OF 2 - ORDINANCE NO.2020-006 Chapter 23.01 COMPREHENSIVE PLAN Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-001, are incorporated by reference herein. T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. Chapter 23.01 (405/2020) V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-002, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-006, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-011, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-005, are incorporated by reference herein. CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-008, are incorporated by reference herein. DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-002, are incorporated by reference herein. EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-001, are incorporated by reference herein. FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-003, are incorporated by reference herein. GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-004, are incorporated by reference herein. HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-011, are incorporated by reference herein. I1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. JJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. KK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. LL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. MM. The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance 2020-006 are incorporated by reference herein. (Ord. 2020-006�1, 2020; Ord. 2020-001§26, 2020; Ord. 2019-019 §2, 2019; Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §l, 2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1, 2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 2018; Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016; Ord. 2016-027 §1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016; Ord. 2015-010 §1, 2015; Ord. 2015-018 § 1, 2015; Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 § 1, 2012; Ord. 2012-013 § 1, 2012; Ord. 2012-005 § 1, 2012; Ord. 2011-027 § 1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Chapter 23.01 (405/2020) Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) Chapter 23.01 (405/2020) �Seot�ow 2.i:. aRL,tRy-UL avWl Histor"0 RZSCIRrces Background Historic buildings and sites connect us to the past and teach us how people in different eras managed resources and worked within their surroundings. Interesting information can be gleaned through an examination of significant buildings, rock shelters, cemeteries and individual graves, ranches, trails, wagon train routes, townsites, mill sites, fish hatcheries, river crossings, bridges, canals, dams, historic roads and other unique resources. These resources enrich the community by providing tangible evidence of our heritage. Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023. The Statewide Goal and OAR Fecernniend, but de net reqUiFe.require basic demolition and relocation review of historic resources on the National Register of Historic Places and recommend the County to inventory and protect other local historic and cultural sites. Historic Designations In 1979 the County inventoried potential historic and cultural sites in the Resource Element. The 1979 Plan included goals and policies for protection of historic resources as well as provisions that the County establish a Historical Landmarks Commission and adopt an ordinance to protect designated historic sites. On September 17, 1980 the Board of County Commissioners adopted Ordinance PL-21, which established a Historical Landmarks Commission and created a process to evaluate. designate and regulate historic structures. The Historic Landmarks Commission subsequently, and over time, evaluated proposed historic sites. The resulting inventory of historically designated sites can be found in Chapter S. This inventory will be reviewed as part of the Goal 5 review as described in the Goal 5 section of this Plan. Starting in 1997, all historic and cultural designations have been initiated at the request of property owners through the Comprehensive Plan text amendment process. Cultural and Historic Resources 20102020 Source: County GIS and Comprehensive Plan Information ■ -3635 Historic or Cultural sites in the Comprehensive Plan Inventory ■ 6-13 Sites in Deschutes County on the National Histerie Register of Historic Places Future of Cultural and Historic Resources Deschutes County supports the voluntary preservation of significant cultural and historical sites. Going forward there are a few issues regarding cultural and historical resources that need to be addressed. The first is to clarify that the County's role is to cooperate with the Historic Landmarks Commission. That body contains persons with expertise in historic and cultural preservation. of HiStE)FiE Places. Adding these sites te the list weuld net frern the-pfepefty DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.11 CULTURAL AND HISTORIC RESOURCES ewner eF Geunty, but would ensui=e the list as useful te the issues Ean be Another concern is that when cultural resources are discovered at a project site it can create significant delays. This can be addressed by creating a proactive process in conjunction with local tribes, for protecting cultural resources while not impacting on -going work. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.11 CULTURAL AND HISTORIC RESOURCES �sect'ow 2-:U aRLtRML RIAA Histor'c R.esou.rces es Goal and Policies Goal I Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.1 1.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. Policy 2.1 1.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government. b. Encourage private property owners to coordinate with the State Historic Preservation Office. Policy 2.1 1.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. Policy 2.1 1.4 Goal 5 historic inventories, ESEEs and programs are retained and not repealed, except for the amendment noted in Ordinance 201 1-003. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 3 CHAPTER 2 RESOURCE MANAGEMENT REFERENCES seceLow 57.9 coal 57 Iwvewtoru cultural, awd Histor%c tzesources Background This section rey*sea It 1 the cultuFal and hiSteF;G erg lists Locally Significant Historic Resources and National Register Resources in rural Deschutes County. These inventories mare acknowledged by the Department of Land Conservation and Development Goal S. One maneF change has been made te acknewledge an already appreved and e i i J change te Number 30, the Tufnale Creek Diyersien Dam and Headgate ef the Feed Canal 1. In 2020 Deschutes County's inventories were updated to comply with Oregon Administrative Rule (OAR) 660 023-0200 Historic Resources OAR 660-023-0200 was amended in 2017. inveflteptLocaI14 Significant Historic Resources I. Alfalfa Grange: Grange building and community center, built in 1930, located on Willard Road, Alfalfa. 17-14-26 TL 400. 2. Allen Ranch Cemetery: Oldest cemetery in Deschutes County. 30' by 40' fenced cemetery plot. Situated 100 yards west of South Century Drive, one-half mile south of Road 42. Two marble gravestones, two wooden markers. 20-1 1-7 TL 4-3001700. 3. rail River Fish Hatchery „Ice House": The hatchery "Ice House" dates from the beginning of fishery management in Oregon, circa 1920. It is an 18 foot by 18 foot improvement, the only original building remaining on the property, and the only significant building or structure on the site. Located at 15055 S. Century Drive, E'/Z; NEIA; Section 32, Township 20S, Range 10 E, Tax Lot 100. (Ordinance 94-006 §1, 1994). 4. Long Hollow Ranch — Black Butte: Headquarters complex of historic ranch, located on Holmes Road in Lower Bridge area, including headquarters house, ranch commissary, equipment shed, barn and bunkhouse. 14-1 1-1 TL 101. S. Swamp Ranch — Black Butte: The present day site of the Black Butte Ranch was part of the vast holdings of the Black Butte Land and Livestock Company in 1904. No buildings from the period exist. 14-9-1 OA, I OB, 15B, 15C, 16A, 21 A, 21 B, 21 C, 22A, 22B. 6. Brothers School: Only one -room schoolhouse currently in use in Deschutes County, located on Highway 20 in Brothers. 20-18-00 TL 3200. 7. Bull Creek Dam: The Bull Creek Dam, a component of the Tumalo Irrigation Project was constructed in 1914 to form a water storage reservoir to increase the amount of irrigated acreage at Tumalo. It is a gravity type of overflow dam. Two cut off walls are extended into solid formation, one at the upper toe and the other at the lower toes of the concrete dam. The dam proper is about 17 feet high from the foundation, although the completed structure is about 25 feet. Located on Tumalo Reservoir -Market Road. 16-1 1-33 TL 2700 SW-'/4; SW-�/4. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES 8. Bull Creek Dam Bridge (Tumalo Irrigation Ditch Bridge): Built in 1914, the bridge, which spans the dam, consists of five continuous filled spandrel, barrel -type concrete deck arch spans, each 25 feet long. The concrete piers are keyed into notches in the arch structure. The structure is the oldest bridge in Deschutes County. On Tumalo Reserve -market Road. 16-1 1-33 TL 2700/ SW-'/,; SW-'/+. 9. Camp Abbot Site, Officers' Club: Officers' Club for former military camp, currently identified as Great Hall in Sunriver and used as a meeting hall. 20-1 1-5B TL 112. 10. Camp Polk Cemetery: One of the last remaining pioneer cemeteries, located off Camp Polk Road near Sisters. The site is composed of a tract of land, including gravestones and memorials, containing 2.112 acres in the Southwest Quarter of the Southeast Quarter of Section 27, Township 14 South, Range 10 E.W.M., TL 2100, described as follows: Beginning at a point North 20 degrees 06' 20" West 751 feet from the corner common to Sections 26, 27, 34 and 35 in Township 14 South Range 10 E.W.M. and running thence South 88 degrees 30' West 460 feet; thence North I degree 30' East 460 feet; thence South I degree 30' 200 feet to the point of beginning. 11. Camp Polk Military Post Site: One of the oldest military sites in Deschutes County. Located on Camp Polk Cemetery Road. Site includes entire tax lots, listed as follows 14- 10-00 TL 2805 & 14-10-34 TL 100, 300. 12. Cloverdale School: School building in Cloverdale, located near 68515 George Cyrus Road. First building built in Cloverdale. 15-1 1-7 TL 600. 13. Eastern Star Grange: Grange hall for earliest grange organized in Deschutes County, located at 62850 Powell Butte Road. 17-13-19 TL 1900. 14. Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The Enoch Cyrus Homestead was the original homestead of Oscar Maxwell, built in 1892 and purchased in 1900 by Enoch Cyrus. Important stage/store stop for early travelers. The homestead house, including a back porch and cistern, and the Blacksmith Shop are designated. 15-1 1-10 TL 700. 15. Fremont Meadow: A small natural meadow on Tumalo Creek in Section 34, Township 17 South, Range I I East, lying within Shevlin Park. TL 5900. Campsite for 1843 Fremont expedition. 17-1 1-34 TL 5900. 16. Harper School: One -room schoolhouse, located west of South Century Drive, south of Sunriver, moved halfway between the Allen Ranch and the Vandevert Ranch from the former townsite of Harper. 20-1 1-17 TL 12004-900. 17. Improved Order of Redmond Cemetery: Historic cemetery used by residents of La Pine/Rolland area. Located on Forest Road 4270, east of Highway 97. A 40-acre parcel described as: The Southwest one -quarter of the Southeast one -quarter (SW-'/,; SE-'/,) Section 7, Township 22 south, Range 11, East of the Willamette Meridian, Deschutes County, Oregon. 18. Laidlaw Bank and Trust: One of the few remaining commercial buildings from the community of Laidlaw, located at 64697 Cook Avenue, Tumalo. 16-12-31A TL 2900. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY 19. La Pine Commercial Club: Building was built in 1912 as a community center, serving as a regular meeting place for civic organizations and occasionally served as a church. One of the oldest and continuously used buildings in La Pine. Located at 5 15 18 Morrison Street, La Pine. 22-10-15AA TL 4600. 20. Lynch and Roberts Store Advertisement: Ad advertising sign painted on a soft volcanic ash surface. Only area example of early advertising on natural material. Lynch and Roberts established mercantile in Redmond in 1913. Roberts Field near Redmond was named for J. R. Roberts. Site includes the bluff. 14-12-00 TL 1501. 21. Maston Cemetery: One of the oldest cemeteries in County. Oldest grave marker is 1901. About one-half mile from site of Maston Sawmill and Homestead. Site includes the gravestones and memorials and the entire tax lot, identified as 22-09-00 TL 1800. 22. George Millican Ranch and Mill Site: Ranch established in 1886. Well dug at or near that date. Remains of vast cattle ranching empire. 19-15-33 TLs 100, 300. 23. George Millican Townsite: Town established 1913. Site includes store and garage buildings, which retain none of the architectural integrity from era. 19-15-33 TL 500. 24. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. A residence house and museum are part of the site. The site has been a tourist attraction for over 60 years. Located at 7930 SW 77th, Redmond. Site includes entire tax lot. 16-12-1 1 TL 400. 25. Pickett's Island: After originally settling in Crook County, Marsh Awbrey moved to Bend and then homesteaded on this island in the Deschutes River south of Tumalo. The site was an early ford for pioneers. Located in Deschutes River near Tumalo State Park. 17- 12-6 NE-'/, TL 100. Portion between Deschutes River and Old Bend Road is designated. 26. Rease (Paulina Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle Rease and Denison Rease's homestead. Earliest known grave is of their son, George Guy Rease, born in 1879, who was also a homesteader on Paulina Prairie. George Guy Rease died of smallpox on the Caldwell Ranch on May 2, 1903. Other known burials are William Henry Caldwell, 1841-October 15, 1910, died on the Caldwell Ranch of injuries sustained on a cattle drive; Melvin Raper, 1892-1914, died in a tent of tuberculosis; Addie Laura Caldwell, 1909-November 16, 1918, died of the Spanish influenza epidemic; and Emma Nimtz Deedon, 1886-April 15, 1915, died of complications from a pregnancy. There are several unmarked graves. The cemetery is a county -owned one -acre parcel on the north edge of Paulina Prairie, two miles east of Highway 97. 210-1 1-29, SE-'/+; NW-'/+ TL 99. 27. Terrebonne Ladies Pioneer Club: The Club was organized in 1910. The building has been a community -meeting place since 1911. Located at 8334 1 Ith Street, Terrebonne. 14-13- 16DC TL 700. 28. Tetherow House and Crossing: Site is an excellent example of an early Deschutes River crossing. Major route from Santiam Wagon Road to Prineville. Tetherow House was built in 1878. The Tetherows operated a toll bridge, store and livery stable for travelers. Oldest house in County. Site includes house and entire tax lot. 14-12-36A TL 4500. 29. Tumalo Creek - Diversion Dam The original headgate and diversion dam for the feed canal was constructed in 1914. The feed canal's purpose was to convey water from DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S. I I GOAL 5 ADOPTED ORDINANCES Tumalo Creek to the reservoir. The original headworks were replaced and the original 94.2 ft low overflow weir dam was partially removed in 2009/2010 to accommodate a new fish screen and fish ladder. The remaining original structure is a 90 foot (crest length) section of dam of reinforced concrete. Tax Map 17-1 1-23, Tax Lot 800 & 1600. 30. Tumalo Community Church: The building is the oldest church in the County, built in 1905. It stands in the former town of Laidlaw, laid out in 1904. Located at 64671 Bruce Avenue, Tumalo. 16-12-31 A TL 3900. 31. Tumalo Project Dam: Concrete core, earth -filled dam 75 feet high. First project by State of Oregon to use State monies for reclamation project. On Tumalo Creek. 16-1 1-29. 32. William P. Vandevert Ranch Homestead House: The Vandevert Ranch House stands on the east bank of the Little Deschutes River at 17600 Vandevert Road near Sunriver. The homestead was established in 1892, and has been recently relocated and renovated. Vandevert family history in the area spans 100 years. 20-1 1-18D TL 1380020 11 00 TL 4WO. 33. Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of William P. Vandevert, died of influenza during the epidemic of 1918. Her grave is located across a pasture due south of the Vandevert House, 50 feet east of the Little Deschutes River. Site includes gravestone and fenced gravesite measuring is approximately 15 feet by 25 feet. 20-1 1-00 TL 1900. 34. Young School: Built in 1928, it is an excellent example of a rural "one -room" school which served homesteaders of the 1920s. Located on Butler Market Road. 17-13-19 TL 400. 35. Agnes Mae Allen Sottong and Henry J. Sottong House and Barn:_ House and barn are constructed with lumber milled on the property in a portable sawmill run by the Pine Forest Lumber Company in 1911. Henry was awarded homestead patent 7364 issued at The Dalles on Dec 1, 1904. Henry was president of the Mountain States Fox Farm. A flume on the Arnold Irrigation District is named the Sottong Flume. The structures are also associated with William Kuhn, a president of the Arnold Irrigation District; Edward and Margaret Uffelman, who were part of the group that privatized and developed the Hoo Doo Ski Resort; and Frank Rust Gilchrist, son of the founder of the town of Gilchrist and Gilchrist Mill and president of the Gilchrist Timber Company from the time of his father's death in 1956 to 1988. Frank R. Gilchrist served on the Oregon Board of Forestry under four governors and was appointed by the governors to serve as a member of the Oregon Parks and Recreation Advisory Committee. He served on the Oregon State University's Forest Products Research Lab and was a director and president of the National Forest Products Association. T 18 R 12 Section 22, 00 Tax lot 01600. Inventory note: Unless otherwise indicated the inventoried site includes only the designated structure. No impact areas have been designated for any inventoried site or structure. National Register Resources listed before February 23, 2017 36 Pilot Butte Canal: A gravity -flow, irrigation canal constructed in 1904 that diverts 400 cubic feet of Deschutes River water per second The canal conveys water through a 225- miles long distribution system of successively narrower and shallower laterals and ditches DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY on its way to those who hold water rights serving about 20,711 acres by 1922. The canal was built in an area that had a population of 81 people when it was constructed._The historic district measures 7,435 feet long and encompasses 50 feet on either side of the canal centerline to create a 100 foot corridor. The district has a character -defining rocky. uneven bed and highly irregular slopes angles cuts and embankments. 37 Elk Lake Guard Station: A wagon road built in 1920 between Elk Lake and Bend sparked a wave of tourism around the scenic waterfront To protect natural resources of the Deschutes National Forest and provide visitor information to guests the Elk Lake Guard Station was constructed in 1929 to house a forest guard. 38 Deedon (Ed and Genvieve) Homestead: The homestead is located between the Deschutes River and the Little Deschutes River. All of the buildings were constructed between 1914 and 1915. 39 Gerki g Jonathan N.B. Homestead: Jonathan N 8 Gerking "Father of the Tumalo Irrigation Project',' played a crucial role in getting the project recognized and funded. 40 McKenzie Highway The McKenzie Salt Springs and Deschutes Wagon Road, a predecessor to the modern McKenzie Highway, was constructed in the 1860s and 1870s. 41 Paulina Lake Guard Station: The station typifies the construction projects undertaken by the Civilian Conservation Corps and signifies the aid to the local community provided by the emergency work relief program through employment of youth and experienced craftsmen purchase of building materials and camp supplies and personal expenditures of enrollees. 42. Paulina Lake 1.0.O.F Organization Camp The Paulina Lake I 0 0 .F. Organization camp was constructed during the depression era and are the result of cooperative efforts by nonprofessional builders Such camp buildings are important in Oregon's recreational history as an unusual egression of both its rustic style and its vernacular traditions. 43 Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. The site has been a tourist attraction for over 60 years. 44 Rock O' the Range Bridge: Rock O' The Range is the only covered span east of the Cascades in Oregon To gain access to his property William Bowen instructed_ Maurice Olson a local contractor — to build a bridge inspired by Lane County's Goodpasture Bridge. 45 Skyliners Lodge: The Skyliners are a Bend -based mountaineering club organized in 1927. In 1935 the group started building the Skyliners Lodge with help from the Deschutes National Forest the Economic Recovery Act and the City of Bend. 46 Santiam Wagon Road: The Santiam Wagon Road went from Sweet Home to Cache Creek Toll Station The road was conceived of in 1859 to create a route across the Cascades. By the 1890s the road had become a major trade route. 47. Wilson William T.E. Homestead: This homestead house was built in 1903 and has an "American Foursquare" architectural style. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.11 GOAL 5 ADOPTED ORDINANCES National Register Resources listed on / after February 23, 2017 48 Central Oregon Canal: A gravity --flow irrigation canal constructed in 1905 and enlarged in 1907 and 1913 The canal retains its impressive historic open, trapezoidal shape, dimensions and characteristics It is characterized by the volcanic rock flows, native materials rock bed and sides and its hurried hand-hewn workmanship. The historic district is 3.4 miles long crossing rural land between the Ward Road Bridge on the western edge and the Gosney Road Bridge on the eastern edge. In the historic district, the canal ranges in width from 34' to 78' averaging around 50' and its depth varies from I' to 9' averaging around 4deep depending on the amount of volcanic lava flows encountered the terrain and slope The canal through the historic district carries nearly the full amount of water diverted from the Deschutes River, 530 cubic feet per second during the irrigation season April through October. The historic district encompasses 50' on either side of the canal centerline to create a 100' corridor that includes the whole of the easement held by COID and all the contributing resources. (Date listed: 03/18/2019) DESCHUTES COUNTY COMPREHENSIVE PLAN -LU"I "1 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12LEGISLATIVE HISTORY 5eotww 5.12 UOLsLatWe W�storu Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 20 I I -003 8- 10- I I/ I I -9- I I Community Plans, Deschutes Junction, Comprehensive Plan update p p Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 20 I I -027 10-3 I- I 1/ I I -9- I I 4.6, 5.3, 5.8, 5.1 I, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/ 1 1-19-12 3.7 (revised), Appendix C System Plan (added) La Pine Urban GrowthBoundary 2012-012 8-20- 12/8-20-12 4. I , 4.2 Housekeeping amendments to 2012-016 12-3- 12/3-4-13 3.9 Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/ 1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing designation of certain 2013-009 2-6- 13/5-8-13 1.3 property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, including certain 2013-012 5-8-13/8-6-13 23.01.010 property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 1 for Southern Deschutes County EXHIBIT C TO ORDINANCE No. 2020-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map Amendment, including certain 2013-016 10-21- 13/ 10-21-13 23.0 1.010 property within City of Sisters Urban Growth Boundary Comprehensive Plan Map Amendment, including certain 2014-005 2-26-14/2-26-14 23.01.010 property within City of Bend Urban Growth Boundary Housekeeping amendments toTitle 2014-012 4-2- 14/7- I -14 3. 10, 3. I I 23. Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban 2014-021 8-27- 14/ I I -25-14 23.0 I.010, 5.10 Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban 2014-021 8-27-14/I I-25-14 23.01.010, 5.10 Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 1 1-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing designation of certain 2015-029 I I -23- 15/ I I -30-15 23.0 I.010 property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial Housekeeping Amendmentsto 2015-018 12-9- 15/3-27-16 23.01.010, 2.2, 4.3 Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Text and Map Amendment recognizing 2015-010 12-2- 15/ 12-2- 15 2.6 Greater Sage -Grouse Habitat Inventories Comprehensive Plan Map Amendment, changing 2016-00 I 12-21- 15/04-5-16 23.01.0 10; 5.10 designation of certain property from, Agriculture to Rural Industrial (exception area) Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Planning Goal 1 I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non- 2016-005 1 1-28-16/2-16-17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan Amendment, including certain 20 ! 6-022 9-28-161 l I - 14- 16 23.01.010, 1.3, 4.2 property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/ 12/28/ 16 23.01.010 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing designation of certain 2017-007 10-30- 17/ 10-30-17 23.0 1.010 property from Agriculture to Rural Residential Exception Area Comprehensive Plan Amendment permitting 2018-002 1-3- 18/ I -25-18 23.01, 2.6 churches in the Wildlife Area Combining Zone tXHIBIT (C. TO URDINANC : NU. LULU-Uw DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral 2018-006 8-22-18/ 1 1-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing designation of certain 2018-0 I I 9- 12- 18/ 12- I I -18 23.0 I.010 property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, removing Flood 23.01.010, 2.5, Tumalo Plain Comprehensive Plan 2018-005 9-19-18/10-10-18 Community Plan, Designation; Comprehensive Newberry Country Plan Plan Amendment adding Flood Plain Combining Zone purpose statement. Comprehensive Plan Amendment allowing for the 2018-008 9-26- 18/ 10-26-18 23.01.010, 3.4 potential of new properties to be designated as Rural Commercial or Rural Industrial Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining to Rural Residential Exception 2019-002 I-2-19/4-2-19 23.01.010, 5.8 Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory Comprehensive Plan and Text 20 19-00 I I - 16- 19/4- 16- 19 1.3, 3.3, 4.2, 5.10, 23.01 Amendment to add a new Zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map Amendment changing designation of certain 2019-003 02-12-19/03-12-19 23.01.010, 4.2 property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth 20 19-004 02- 12- 19/03- 12- 19 23.01.010, 4.2 Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. Comprehensive Plan Map Amendment to adjust the Bend Urban Growth Boundary to accommodate the refinement of the Skyline Ranch Road alignment and the 2019-01 1 05-01-19/05-16/ 19 23.01.010, 4.2 refinement of the West Area Master Plan Area 1 boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Map Amendment, changing designation of certain 2019-006 03- 13- 19/06- I I -19 23.0 I.0 10, property from Agriculture to Rural Residential Exception Area Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 2019-016 11-25-19/02-24-20 23.01.01, 2.5 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. tXHIBIT l- I U UKUINAM-t rvv. cvcv-vvJ DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan and Text amendments to provide procedures related to the 2019-019 12- I I - 19/ 12- I I -19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments to provide procedures related to the 2020-00 I 12- I I - 19/ 12- I I -19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments to update the County's Resource List and Historic Preservation Ordinance to comply with the 2020-006 XX-XX-XX / YY- 23.01.01, 2.1 1, 5.9 yy-yy State Historic Preservation Rule. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Chapter 2.28. HISTORIC PRESERVATION AND HISTORIC LANDMARKS COMMISSION 2.28.010. Purpose. 2.28.020. Definitions. 2.28.030. Applicability. 2.28.040. Administration. 2.28.050. Criteria. 2.28.060. Procedures. 2.28.070. Historic and Cultural r—esou"""Resource Survey and Inventory. 2.28.080. Designation not a Recommendation for Federal Action. 2.28.090. Exterior Alteration and New BuildiRgStructure Restrictions. 2.28.100. Demolition and Relocation of Significant Historic Resources, Demolition Permitsd Condemnation n, oa u-gs-. 2.28.110. Records and Artifact Preservation. Demolished Tom' + ' Buildings Reeor-`' and �A t f t o do Jci-�TTCiyi[. 2.28.120. Signs/Plaques. 2.28.130. Redevelopment and Neighborhood Improvement Projects. 2.28.140. Enforcement of State Preservation Laws. 2.28.150. Appeals. 2.28.160. Penalties. 2.28.170. Preservation of Archaeological Resources. 2 28 180 Removal of a Significant Historic Resource from the Resource List. 2 28 190 Condemnation Proceedings. 2.28.010. Purpose. A. Districts, buildings, structures, objects and sites in Deschutes County which have special historic and prehistoric association or significance should be preserved as part of the heritage of the citizens of the County, and for the education, enjoyment and pride of the citizens, as well as for the beautification of the County and enhancement of the value of such property. B. To that end, regulatory controls and administrative procedures are necessary. (Ord. 2020-006 $5; Ord. 2010-019 §1; Ord. 88-008 §1, 1988) 2.28.020. Definitions. As used in DCC 2.28 the following words and phrases are defined as set forth in DCC 2.28.020. "Alteration" means the addition to, or removal of, or physical modification of any exterior part, structure or portion of a structur. d , 4.,,;' 4 . "Archaeological Obiect" means an object that is at least 75 years old; is part of the physical record of an indigenous or other culture found in the state or waters of the state; and is material remains of past human life or activity that are of archaeological significance including but not limited to monuments sAubols, tools facilities technological by-products and dietary by-products. "Archaeological Resource" includes Archaeological Objects and Archaeological Sites. CHAPTER 2.28 1 (-3 05/2020) "Architectural significance" means that the structure or district: A. Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; B. Embodies those distinguishing characteristics of an architectural type C. Is the work of an architect or master builder whose individual work has influenced the development of the county; or D. Contains elements of architectural design, detail, materials or craftsmanship which represent a significant innovation. "Archaeological Site" means a geographic locality in Oregon including but not limited to submerged and submersible lands and the bed of the sea within the state's jurisdiction that contains Archaeological Objects and the contextual associations of the Archaeological Objects with each other; or biotic or geological remains or deposits Examples of Archaeological Sites include but are not limited to shipwrecks, lithic quarries house pit villages camps burials lithic scatters homesteads and town sites. "Board" means the Deschutes County Board of County Commissioners. "Certificate of Approval / Appropriateness" means a document issued by the Planning Division indicating the applicant satisfactorily met the ,provisions of this regulation for the preservation rehabilitation, reconstruction alteration relocation or demolition of a Significant Historic Resource. 11—nem-e-lish" means to raze, destfoy, dismantle, defaee or- in any other manner- eause paFtial oi: total Fein of a -dam "Demolish" / "Demolition" means any act that destroys removes or relocates in whole or parta Significant Historic Resource such that it's historic cultural or architectural character and significance is lost. "Eligible/Contributing" means a Historic Resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location design setting, materials workmanship feeling and association) to convey a sense of history. These properties strengthen the historic integrity of an existing or potential historic district. "Eligible/Significant" means a Historic Resource in existence within the applicable period of significance that retains and exhibits sufficient integrity (location design setting materials workmanship, feeling, and association) to convey a sense of history These properties strengthen the historic integrity of an existing or potential historic district and are likely individually eligible for designation to the Resource List. "Exterior" means any portion of the outside of a Significant Historic Resourcgdesipated Miter^"' stfuet­:e or structure a buildin in a designated historic district or any addition thereto. "Historic" means 50-years old or older. "Historic Artifacts" means three-dimensional objects including furnishings, art objects, architectural elements, '""'materials and items of personal property which have historic significance. "Historic artifacts" does not include photographs, paper, electronic media or other media that are classified as public records. CHAPTER 2.28 2 (� 1-205/2020) "Historic Context Statement" means an element of the Deschutes County comprehensive plan that describes the important broad patterns of historical development in the Deschutes County and the region and identifies historic resources representative of the important broad patterns of historic development The Historic Context Statement also identifies Historic Resources that are representative of the important broad patterns of historical development. "Historic Preservation Plan" means an element of the Deschutes County comprehensive plan that contains the Count s goals and policies for Historic Resource preservation and the processes for creating and amending the program to protect Significant Historic Resources. "Historic Resource(s)" means those structures objects sites or districts that potentially have a significant relationship to events or conditions of the human past. "Historic Resource Inventory" means a record of structures objects sites and districts maintained by the County to identify Historic Resources that may be determined significant and designated to the Resource_ List. "Historical Significance" means that the structure a boil` in or district: A. Has character, interest or value as part of the development, heritage or cultural characteristics for the county, state or nation; B. Is the site of a historic event with an effect upon society; C. Is identified with a person or group of persons who had some influence on society; and/or D. Exemplifies the cultural, political, economic, social or historic heritage of the community. "Locally Significant Historic Resource" means a structure site object or district designated to the Deschutes County Resource List. "Integrity" means the authentici1y of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. "Inventory" is a survey, map, or description of one or more Historic Resources e sites that is prepared by a local government, state or federal agency, private citizen, or other organization and that includes information about the resource values and features associated with such sitesHistoric Resources. As a verb, "inventory" means to collect, prepare, compile, or refine information about one or more Historic Resources. hister-ie or- It "Landmarks Commission" means the Deschutes County Historic Landmarks Commission. CHAPTER 2.28 3 (J444-205/2020) "Maintenance" means the process of mitigating the wear and deterioration of a property without altering the historic character of the property, including action taken to protect and repair the condition of the property with the least possible impact on the historic character of the property. "Major Alteration" means an alteration which could adversely affect the historical or architectural significance of a Locally Significant Historic Resource' tefie r-ese "^e. Examples include alterations to the front facade, additions, exterior remodels or alterations to the setting that remove significant historic elements or add features that are incompatible with the historic or prehistoric period, thereby losing interpretive value. "Minor Alteration" means an alteration which does not affect the historical or architectural significance of a Locally Significant Historic Resourcestpaetw-e. ` National Register Resource" means structures objects sites or districts listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966 as amended (PL 89-665; 16 U.S.0 470). "Non -Contributing" means a Historic Resource in existence within the applicable period of significance that does not retain or exhibit sufficient integrity (location design setting materials workmanship feeling, and association) to convey a sense of history. These properties do not strengthen the historic integrity of an existing or potential historic district in their current condition. "Not in Period" means a structure object or site that was originally constructed outside the applicable period of significance. "Object" means to distinguish from biail� structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, moveable, an object is associated with a specific setting or environment. "Owner": A Means the owner of fee title to the property as shown in the deed records of the county where the property is located; or B. Means the purchaser under a land sale contract if there is a recorded land sale contract in force for the property; or C. Means if the property is owned by the trustee of a revocable trust the settlor of a revocable trust except that when the trust becomes irrevocable only the trustee is the owner; and D. Does not include individuals partnerships corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or E. Means for a Historic Resource with multiple owners including a district a simple majority of owners as defined in (A)-(D). F. Means for National Register Resources those individuals partnerships corporations or public agencies holding fee simple title to property. Owner or owners does not include individuals partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature. "Planning Division" means the Planning Division of the County Community Development Department. CHAPTER 2.28 4 (�8-1-205/2020) "Preservation" means the process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property, including but not limited to the ongoing maintenance and repair of historic materials but; not including the extensive replacement of historic materials or new construction. "Protect" means to require Landmarks Commission review of applications for demolition, relocation, removal, or exterior alteration of a Significant Historic Resource'h'^+^^^ resetiree, new construction or signs on the designated property in accordance with the provisions of this ordinance so that the defining characteristics of the b Significant Historic Resource and its site and environment are retained. "Reconstruction" means the process of depicting, by means of new construction, the form, features, and detailing of a non -surviving site, landscape, biiilding, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. "Rehabilitation" means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. See Appendix "C" The Secretary of the Interior's Standards for Rehabilitation for the ten basic principles created to help preserve the distinctive character of a Historic Resource histefie building ing and it while allowing for reasonable change to meet new needs. "Replacement" means the process of replacing historic materials and features with new materials when the deterioration of a character -defining material or feature is so extensive that protection, maintenance, or repair is not possible. Replacing severely deteriorated or damaged historic materials with new materials of the same kind as the historic materials and in the same design as the historic element is "replacement." "Resource List" means the list of Locally Significant Historic Resources and National Register Resources provided in the Comprehensive Plan and acknowledged by Deschutes County as important to its history and afforded the protection under this regulation. "Restoration" means the process of accurately depicting the forms, features and character of a property as it appeared at a particular period of time, by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. "Significant Historic Resource" means a Locally Significant Historic Resource and/or a National Register Resource. "Site" means the location of a significant event, prehie or- -historic occupation or activity, or a buildingT-structure, whether standing, ruined, or vanished, where the location itself possesses historical or; cultural, of af ehaeolegi 'value regardless of the value of any existing structure. "Structure" means anything constructed or built, any edifice or building or any kind, or any pieces of work architecturally built or composed of parts joined together in some definite manner. (Ord. 2020-0065; Ord. 2012-003 §1; Ord. 2012-001 §1; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §2, 1988) CHAPTER 2.28 5 (�8-t-205/2020) 2.28.030. Applicability. This code applies to Locally Significant Historic Resources National Register Resources Archeological Sites and Archeological Objects within the jurisdiction of Deschutes County. This code also applies to the administration of the Landmarks Commission. (Ord. 2020-006 §5; Ord. 2010-019 §0 2.28.040. Administration. A. The Landmarks Commission is composed of five voting and an undetermined number of ex-officio members. 1. The voting members must reside within the County. 2. The membership of the Landmarks Commission shall, to the extent possible, be representative of the various geographic areas of the County. 3. The Mayor of Sisters may appoint one Commissioner to represent the City of Sisters or delegate it to Deschutes County. 4. The Board shall appoint at least four Landmarks Commissioners. 5. Upon recommendation of the Deschutes County Pioneer Association, the Board shall appoint one representative from the Deschutes County Pioneer Association as one of the four Landmarks Commissioners. 6. If the City of Sisters delegates their appointment to Deschutes County, the Board shall appoint a fifth Landmarks Commissioner. 7. The ex-officio members shall be appointed by the Board. B. Landmarks Commissioners: To the extent they are available, at least some of the commission members should meet professional qualifications in the disciplines of history, architecture, architectural history, archaeology, or related fields. C. Landmarks Commissioners serve four-year terms. Any vacancy occurring in a position for any reason other than expiration of a term shall be filled by appointment for the remainder of the term. D. Ex-Officio Members. 1. In addition to the five voting members, there shall be an undetermined number of Commissioners called "ex officio members" who will act in a non -voting, advisory capacity to the Landmarks Commission and County staff. 2. These ex officio members shall not be entitled to vote and are not required to reside within Deschutes County. 3. These persons shall be representative of organizations including, but not limited to, the United States Forest Service, United States Bureau of Land Management, the County building division, the American Institute of Architects, the Confederated Tribes of Warm Springs, Burns Paiute Tribe, and Klamath Tribes. E. The officers of the Landmarks Commission shall consist of a chairperson, and vice -chairperson -and seems, each elected by a majority vote of the Commission. F. The regular time, place and manner of notice of meetings shall be fixed by rules of the Landmarks Commission. However, the Landmarks Commission shall meet at least on a quarterly basis. G. The Landmarks Commission shall submit an annual report to the Board. CHAPTER 2.28 6 (3Q 447 05/2020) H. Any clerical and staff assistance necessary shall be provided by the County Planning Division staff or as otherwise delegated by the Board. I. The Landmarks Commission shall serve as a hearings body for matters concerning Significant Historic Resources- ' + -- and oul tu_a'_ r-esel __e within the County and the City of Sisters. J. The Landmarks Cormnission shall serve as the initial hearings body for matters concerning applications to designate a historic resource as a Locally Significant Historic Resource. The Board of County Commissioners shall consider the decision of the Landmarks Cormnission and serve as the final hearings body. K. The Landmarks Commission shall review nominations to the National Register of Historic Places at the direction of the State Historic Preservation Office. JL. The eemmission Landmarks Cormnission may act upon requests by any eitizerrcormnunity member, by owners of structures objects districts Nanor sites, or on its own motion concerning the designation of particular districts,' 'ldifigs ands structures, objects, or sites. KM. The Landmarks Cormnission shall have authority to inspect or investigate any district, 1",structure o, bject or site in the County which it is requested to designate, or which it has reason to believe is an architectural and/or historical landmark. LN. The Landmarks Commission eemmissien—shall review all information which it has and shall hold hearings as prescribed in DCC 22.24.050 through 22.24.1904-60. MO. The Landmarks Cormnission eernmissishall have authority to coordinate historical preservation programs of the county, state and federal governments, as they relate to property within the County. NP. The eernmissieLandmarks Commission may recommend to the Board or the State Legislature any changes of law which it finds appropriate. OQ. Current Resource Lis t�f �— ' r '' ' "" f ees— 1. The eernmissierr-Landmarks Cormnission shall compile and maintain a current Resource List list e€ n r-' + r alid it fa esa -"o that includes the applicable tax lots arid addresses, the date of designation, and a brief description of the resource and reasons for inclusion. 2. Disclosure of the locations and descriptions of designated Archaeological Resources afehaealagieal sites4sare subject to appropriate state and federal laws. PR. The Landmarks Commission shall notify all preperty-owners of a historic resource sites recommended for designation of such recommendation. The site historic -resource will not be approved for a historic designation unless the property owners at the time of designation support the local designation of their property as QS. The Landmarks Commission eenunission shall have authority to take such steps as it finds appropriate or necessary to make available to the public information concerning its activities and various districts; Historic Resources to be designated pursuant to DCC 2.28. RT. The Landmarks Commission shall perform such other duties relating to historical matters as the Board of County Commissioners may request. SU. Landmark Commissioners shall serve without compensation. V. The Landmark Cormnission shall support the enforcement of all federal and state laws relating to the protection of National Register Resources Archaeological Sites and Archaeological Objects regardless if they are designated to the Resource List. (Ord. 2020-006 §5; Ord. 2012-003 §1; Ord. 2012-001 §1; Ord. 2010-019 §1; Ord. 2005-029 §1, 2005; Ord. 95 027 §1, 1995; Ord. 88 008 §3, 1988; Ord. 88 008 §4, 1988; Ord. 88 008 §5, 1988; Ord. PL 21 §2, 1980; Ord. PL 21 §3, 1980) CHAPTER 2.28 7 (205/2020) 2.28.050. Criteria A. The evaluation and designation of a Locally Significant Historic Resource h distriets, buildings aaliEtlef*w. and sites shall be based on the following criteria: 1. The factors listed on the County Landmarks Commission rating sheet, a copy of which is set out in Appendix A +of DCC 2.28. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §6, 1988) 2.28.060. Procedures A. Locally Significant Historic Resource Designation Procedures: Histefieal guild .,, ^ Site D ation pFeee Ufe 1. Upon receipt of a request from the Landmarks Commission to designate a particular building structure, object, or -site or district as a Locally Significant Historic Resources -euifi l r or upon direction by the Board or on its own motion, the Planning Division shall fix a date and time for a public hearing an the or -thin,, o before the Board. 2 Upon acceptance of a coMplete application the owner of the subject structure object, site, or district must be notified in writing of the designation process and their right to support or object to the designation of the Historic Resource to the Resource List under the provisions of ORS 197.772. a An owner may object to the designation of the Historic Resource to the Resource List. Such a refusal to consent shall be submitted on the public record and must remove the Historic Resource from any consideration for designation to the Resource List. 23. Any request for Locally Significant Historic Resource designation'' * ' or eultufal designa must be filed with the County Pplanning iep Division before the date of application for any building permit, or any other application or permit which might be affected by such historical designation. -4. The Planning Division shall notify, in writing, the property owners, the County Planning Commission and Landmarks Commission, of the public hearing before the Board at least 10 days prior to the public hearing. 45. The Landmarks Commission shall submit its recommendation to the Board at least 10 days prior to the public hearing. -6. At such public hearing, the owner($ of the property involved, a representative of the Landmarks Commission and all other interested parties shall be entitled to be heard. 67. If the Board determines that a property or properties proposed for designation has significance based upon the criteria in "Appendix A", the Board may designate such districts, sites, bugs, structures or objects as t ' ' ' It ' ees Locally Significant Historic Resource. 7. if the BE)ar-d finds that a pa-Ftieulaf site is sipifieapA, the Beai-7d may designate t4e same as 1- j S. > on its own mation-of-wen thefeftem. 8.9. At the time of annexation to a city, all Locally Significant Historic Resources prepert4es--y,44 within the annexation area shall retain their resource designations within city jurisdiction unless a public hearing by the applicable City Council is held to remove the resource designation. Listing the National Register- - of 14+ ,. Plaees is federal aetion a is not affeeted b. anaexatien-. CHAPTER 2.28 8 (a4"405/2020) 14 t lv if the Boafd finds that a patt4,�ulaf building, stpaeture, objeet or site does not meet the oriteria as r-e"ifem�nts of DGC 2.29 only in the event ef Elemolition or major- alteFatien. in sueh eases, the owner- of the building, sti�uetur-e E)r- site ffmst fiefify the Pianning Pi,,,isioa not less 4ian ! 0 days prior - to said demolition or- maj er alteration, so that the Goui#y may photograph the site or- building. c ti afe a t not binding • '' the G. u t D tDesignation 1 . Upon reeeipt of an appheation f+om a graiip of people or upon t4e r-e"est from Laiidmarks Commission fef laeal designation Aefa h— ---- --S sion shall fiyi a date and time for- a publie hear-ing before the Bear-d on a hister-ie distfiet rveaffunended for- desigiiation. 4: Hist, rie Dlaees 2. The (;OtIfity pIa+mjfjg staff shail notify, in wr-iting, owners of tvear-d of all prepei4ies within the proposed I+ister-ie distfiet and shall tratismit a eopy of the r-equest to t4e Planning Commission and 3. The Landmarks Commission shall s4mit its r-eeammendation to t4e Board at ieast 10 days prior- to the b.li he and all other- interested pai4ies sl4all be eatitled to be lie -9. An area may be designated an historic district even if all sites or buildings- ructures within a district are not of historical or architectural significance, provided that the district as a whole is of such significance. might9. if the pr-imat-y of sigtiifieant buildings withili an histor-io distr-iet have been demolished E)r- destfayed, the bE)afd on its own fflotie be held as upon the designation of the historie 4istr-iet in the first instan 10. A -y F-eqtjeSt for- hiStai4e distr-iet designation wmsf be filed with the bandmar-ks GowARissiea be the date of appheation for- any building peffnit, eondifienal use pennit of other- appli;atien E)r- permi4 whieh 10 A pen -nit to demolish or modify a structure object or site under consideration for a Locally Significant Historic Resource designation must not be issued for 120 days from the date of the owner's refusal to consent to designation or the application to alter, relocate, or demolish the structure object or site whichever occurs first. CHAPTER 2.28 9 (-3 t�05/2020) 11 The Landmarks Commission may recommend additional protections to supplement the regulations in Chapter 2.28. to the Board as part of the designation process necessary for the protection of.a Significant Historic Resource. B. National Register Resource Procedures: 1 National Register Resources listed on or after February 23 2017 are not automatically included in Deschutes County's Goal 5 Inventory / Resource List. 2 National Register Resources listed before February 23 2017 are automatically included in Deschutes County's Goal 5 Inventory / Resource List. 3 The Board Landmarks Commission, or any member of the public may request a National Register Resource to be included in the Goal 5 Inventory / Resource List through an application with the Planning Division to be processed as a land use action as described in DCC 22.20. 4 Regulations adopted prior to February 23 2017 regarding the alteration, preservation, restoration rehabilitation reconstruction relocation and/or demolition of a National Register Resource maybe amended or removed when the proposed National Register Resource is not the subject of a pending application for alteration or demolition The action must be processed as legislative procedure. 5 Applicable procedures described in Section 2 28 060(A) shall be followed upon receipt of an Uplication to include a National Register Resource in the Goal 5 Inventory / Resource List. 6 In addition to the procedures described in Section 2 28 060(A) the following procedures shall apply: a The proposal must include the National Register nomination document and a complete list of the additional protections proposed. b At a public hearing, the Landmarks Commission must consider all of the following factors: i The historic characteristics identified in the National Register nomination document; ii The historic significance of the resource; iii The relationship to the historic context statement and historic preservation plan contained in the comprehensive plan if they exist; iv. The goals and policies in the Deschutes County Comprehensive Ph v The effects of the additional protection measures on the ability of the owners to maintain and modify features of the National Register Resource; and vi Any other relevant factors. 7 Additional protections must be applied to National Register Resources without owner consent under the provisions of OAR 660-023-0200(8)(b). (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §10, 1988; Ord. 88-008 §9, 1988; Ord. 88-008 §8, 1988; Ord. PL-21 §4, 1980; Ord. PL-21 §5, 1980) 2.28.070. Historic and Cultural resource Survey and Inventory. A. The Landmarks Commission shall periodically survey and inventory properties potentially eligible for listing in the Deschutes County Goal 5 Inventory- of Historic and Cultural resources also known as the Resource List,- and/or National Register of Historic Places within unincorporated Deschutes County 1. Survey and inventory documents shall be maintained, periodically updated, and open to the public. 2. Survey and inventory documents and processes shall be compatible with the practices of the Oregon State Historic Preservation Office for maintaining the Oregon Inventory of Historic Sites. 3. Records concerning Archaeological Resources afeheelegieal shall not be made available to the public. 2 2a ncn a�ffld - 2Q 060 CHAPTER 2.28 10 (3,1201205/2020) 4 Historic Resources must be evaluated for their historic integrity and significance and recorded in a Historic Resource Inventory as Eligible/Significant.. (ES) Eligible/Contributing (EC) Non- Contributing(NC)or Not in Period (NP) Evaluation and documentation of properties in the Historic Resource Inventory must follow the document "Guidelines for Historic Resource Surveys in Oregon 2010" or most recent guidance for such efforts published by the Oregon State Historic Preservation Office and be supplied to the agency within six (6) months of the completion of the study. 5 Historic Resources are not subject to the protections afforded to Significant Historic Resource. 6 The objection of an owner must not prevent a Historic Resource from being inventoried or evaluated for placement on the Historic Resource Inventory. (Ord. 2020-006 §5; Ord. 2010-019 §1) 2.28.080. Designation not a Recommendation for Federal Action. A. Nothing in DCC 2.28 and no designation adopted under DCC 2.28 shall be interpreted as a recommendation by the Board supporting designation of any Historic Resource as a "Certified Historic Structure" for purposes of section 191(d)(1)(b) or (c) of the Federal Tax Reform Act of 1976. B. No such recommendation or certification shall be made by any jurisdiction in the County without notice to affected parties and an additional hearing thereon. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §11,1988; Ord. PL-21 §6, 1980) 2.28.090. Exterior Alteration and New Buildiag Structure Restrictions. A The following process applies to Locally Significant Historic Resources and National Register Resources listed before February 23, 2017: 1. A. Except as provided in DCC 2.28.090(A)(11I�), no person may demolish. relocate or alter any hinter Significant Historic Resource or- eultufal esowee in such a manner as to affect its exterior appearance or integrity, nor may any new structure "ndler- eildint be constructed in an historic district, unless a certificate of approval has been issued by the Landmarks Commission and the County. 2. B— —Application for a certificate of approval for exterior demolition, relocation, alteration or new construction under DCC 2.28.090 shall be made to the Pplanning divisier3-Division and shall be referred to the Landmarks Commission for review and/or hearing. Quasi-judicial applications shall follow DCC Chapter 22. 3. G. All applications for alteration or new construction shall be accompanied by appropriate plans and/or specifications. 4. D. Any request for a certificate of approval for demolition, exterior alteration or new construction must be filed prior to or in conjunction with an application for any building or land use permit. 5. E-.---Upon approval by the Chair of the Landmarks Commission, applications for minor alterations may be processed administratively. 6. F. Applications for major alterations shall be forwarded to the Landmarks Commission. 7. CT --.— Applications for certificates of approval for exterior alterations to structures buildings in an historic district or to a Significant Historic Resource a b "`ea'' +^"'^"' '" ' "" and/or- Wilding shall be evaluated by the Landmarks Commission under the following criteria: a. 4-:—Applicable provisions of the County Comprehensive Plan; b. -27—Applicable sections of the Secretary of the Interior's Standards and Guidelines for Rehabilitation; CHAPTER 2.28 11 (4404-205/2020) c. 3-.—The reasonableness of the proposed alteration and its relationship to the public interest in the resource's t- '' ler- b "ding!s preservation or renovation; d. 4—.The design review guidelines set out in Appendix B +41�of DCC 2.28; e. -5—The physical condition of the resource f. 6 --The general compatibility of proposed exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used on the existing resource stFd4ffe and g. ether the alteration is required to remedy an unsafe or dangerous condition; h. 8-.—Other pertinent aesthetic factors, as appropriate. 8. 14. Applications for certificates of approval for new construction of structures cgs in an historic district shall be evaluated by the Landmarks Commission under the following criteria: a. --The purpose of DCC 2.28; b. �---The provisions of the County Comprehensive Plan; c. 3--The economic effect of the new structureand/or- b'dildi on the historical value of the district; d. 4—The effect of the proposed new structurean&ar- build' " on the historical character of the district; e. -5—The general compatibility of the proposed exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new structure aREPOF - £ 6—The design review guidelines set out in Appendix B t f DCC 2.28 are the criteria for new construction; 9. 1---All decisions on certificates of approval shall be in writing. 10. 3- Nothing in DCC 2.28 shall be construed to prevent the ordinary maintenance or repair (e.g., painting) of exterior architectural features of a Significant 11 storic Resourcebuilding-or which does not involve a change in design or type of materials. 11. K -A change in design or type of materials shall be allowed if the County building official states in writing that the repair is necessary for personal or public safety due to an unsafe or dangerous condition in or on the btii�� =g o� structure. 12. L: All decisions by the Planning Division eeneeming eei4ifieates^r ppfo "maunder DCC �'rr 2.28.090 are subject to appeal to the Board, as provided in DCC 2.28.150. B Alterations to or new structures within a National Resister Resource listed on or after February 23, 2017 are not subject to the standards in Section 2 28 090(A) unless the Landmarks Commission reconi nends and the Board adopt additional protections for said resource as provided in OAR 660-023- 0200 8 b . 1 Section 2 28 060(B) lists the process for applyng additional protections for a National Register Resource. 2 The protection measures outlined Section 2 28 090(A) shall apply to a National Register Resource if the Board of County Commissioners adopts additional protections for said resource. (Ord. 2020-006 $5- Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §12, 1988; Ord. PL-21 §7, 1980) 2.28.100. Demolition and Relocation —of Si nificant Historic ResourcesD •t- Condemnation ' b s. A. No demolition of any Significant Historic Resource dl . Nail ing within n hist fie disti et or landni shall be allowed except with the CHAPTER 2.28 12 (3/201-205/2020) approval of the Landmarks Commission. A demolition or removal permit application shall be transmitted, before action is taken, to the Landmarks Commission. B. Upon receipt of an application for a permit for demolition or removal, the Landmarks Commission shall notify the applicant in writing, and the owner of the property, if the owner is not the applicant. C. The Landmarks Commission shall hold a public hearing within 30 days of receipt of the application. The applicant, the owner of the property and any interested parties shall be entitled to be heard. D. In determining whether to approve the demolition or Leval -relocation proposed in the application, the Landmarks Commission shall consider the following: 1. All plans, drawings and photographs as may be submitted by the applicant; 2. Information presented at the public hearing; 3. The County Comprehensive Plan; 4. The purpose of DCC 2.28; 5. The criteria used in the original designation of the Significant Historic Resource'' te4e ' � 6. The historical and architectural style, the general design, arrangement, materials of the resource s4uetufe andler-building, its appurtenant fixtures, and the relationship of such features to similar features of other resourcesbuildings within the County, and the position of the resource stpaeture angler buildifi in relation to public rights -of -way and to other resources in the area; 7. The effects of the proposed demolition or removal upon the protection, enhancement, perpetuation and use of the resource w t dbtiil ;.,, which cause it to possess a special character, or special historical or aesthetic interest or value; 8. Whether the demolition or removal is proposed to abate a nuisance or a hazardous condition; 9. Whether delay of the demolition or removal will cause substantial hardship to the applicants 10. -In addition to the criteria stated in Section 2.28.100(D)(.1) — (9) the Landmarks Commission must consider the following factors when reviewing an application for the demolition or relocation of a National Register Resource: a. Condition historic integrity, age historic significance value to the community, economic consequences design or construction rarity. E. If the Landmarks Commission approves the demolition or removal and if no appeal is filed, the appropriate County building official shall issue a demolition, relocation or removal permit in accordance with all applicable codes and ordinances of the County. F. Postponement. 1. The Landmarks Commission may postpone action on an application for a demolition or removal permit if the commission determines that there is a program or project under way which would result in public or private acquisition or relocation of the resource , a / '"' kk*g or site, and that there are reasonable grounds to believe that such program or project may be successful. 2. In such case, the Landmarks Commission may suspend consideration of the application for a period not to exceed 90 days. 3. During such period of suspension, no permit shall be issued for such demolition or removal, nor shall any person demolish or remove the resource t'r'^ an OF bt "'""" 4. If any such program or project appears to the Landmarks Commission to be unsuccessful and the applicant has not withdrawn the application for a demolition or removal permit, the building official shall issue a permit if the permit application otherwise complies with the codes and ordinances of the County. CHAPTER 2.28 13 (3�281-205/2020) G. Action by the Landmarks Commission suspending issuance of a permit for demolition or removal may be appealed by the applicant, the owner or the occupant, by filing a notice of appeal as provided in DCC 2.28.150. ..SAM- Mrn O-W-1..... ... . .•. 2.28.110. Records and Artifact Preservation Demolished 14istoirieal buildings n,.eolyds anand A +ziriofftet eserwation. 1 t A L ;^t « ^mil 1.,,;1 1; A. If a Significant Historic Resource ��-�_��=�=o==�--------b is to be demolished, insofar as practicable and as funds are available, the Landmarks Commission shall keep a pictorial and graphic history of the resource isk _ _ ' . ' b l r- hister4eal site, with any additional data it may obtain. B. To the extent funds are available or the Landmarks Commission may obtain donations thereof, the Landmarks Commission shall acquire historic artifacts from the resource building E)r- site which it deems worthy of preservation. C. Status of a Significant Historic Resource a stet^ u-apei4y at a New Location 1. When a Significant Historic Resource an histoncpr-epe is moved to a new location, the historic prepeA-resource status is retained for that resource pfepe4y-at the new site unless the County, using the process required for designation of a Locally Significant Historic Resourcehisterie prepeF�y, determines that the desi age ti on hi ster-iIt 1 nes R i2^e is no longer appropriate. 2. If the prepeA5-resource retains its Miter~^ ~~^^emsstatus at the new site, the County may review and modify the development standards and designation as appropriate, using the process required for designation. 3. Deschutes County will notify the State Historic Preservation Office documenting the new location. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §14, 1988; Ord. PL-21 §9, 1980) 2.28.120. Signs/Plaques. The owner of a Significant Historic Resource'-i^te-^ ee, or the occupant thereof with the consent of the owner, may install an identification plaque or sign indicating the name, date, architect an&or other appropriate information upon the subject property, provided that the size, material, design, location and text of such plaque or sign is approved by the Landmarks Commission. A. No sign or plaque may be displayed on are Significant Historic Resource h t^~~^ reso f except for signs or plaques approved by the Landmarks Commission, in conformance with Deschutes County sign code. B. Signs that are freestanding, painted on the windows or glass doors or that are similar to signs shown in historic photographs of the structure are encouraged. C. Signs must be attached to the structure in such away as to not cause irreversible damage to the structure building— New signs will be attached by reusing existing hardware whenever possible. New CHAPTER 2.28 14 (205/2020) brackets and bolts on masonry buildings -structures shall be put only in wood or mortar, and not in bricks or rock. D. The size of the sign must be in proportion to the size of the historic structurebu4dixg. E. The placement of the sign shall not obscure significant architectural elements of the structure'^". F. The type of the sign, font, design and shape of the sign should be compatible with the historic structureb _and the historic character of the historic district. G. The materials of which the sign is made must be compatible with the historic structurebuikling and the historic character of the historic district. H. Back lighted metal -framed plastic signs are discouraged. (Ord. 2020-006 �5; Ord. 2010-019 §1; Ord. 95-027 § 1, 1995; Ord. 88-008 § 15, 1988; Ord. PL-21 § 10, 1980) 2.28.130. Redevelopment and Neighborhood Improvement Projects -Review by Commission. A. In any redevelopment or neighborhood improvement project administered by a department of county, or submitted to the Board for its review and recommendations, proposed action relating to a designated Significant Historic Resource histarie a `, building ^" shall be submitted to the Landmarks Commission for its review and recommendation. B. A report thereon by the Landmarks Commission shall be filed with the Board, and a copy shall be sent to the appropriate County department. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 95-027 §l, 1995; Ord. 88-008 §16, 1988; Ord. PL-21 §11, 1980) 2.28.140. Enforcement of State Preservation Laws. A. The Board and Landmarks Commission shall support the enforcement of all sate laws relating to historic preservation. B. These testate laws include but are not limited to ORS 197.772 (Consent for designation for historic property), ORS 358.653 (Conservation Programs, Leases), and ORS 358.475 through 358.541 (Special Assessment). C. Applications to alter relocate or demolish a known Archaeological Resource a ouloafal resoufee shall be forwarded to the state archeologist for comment. If a local review is necessary, Deschutes County shall- follow Section 2 28 090 or 2.28. 100 depending on the nature of the request and utilize applicable sections of the Secretary of the Interior's Standards and Guidelines for Archeology to determine the appropriateness of the a application. (Ord. 2020-006 �5; Ord. 2010-019 §1) 2.28.150. Appeals. A. Appeals from actions of the Landmarks Commission shall be to the Board and may be filed by the applicant, the owner or occupant of the building, swaetare,site of '""`'""`Significant Historic Resource concerned, or by any other person who participated in the hearing. B. Uniess a fequest for r-eeensidef:ation has been filed, the notiee of appeal and appeal fee must be r-eeei CB. The appeal shall be conducted according to the terms of the applicable County ordinance. DC.A decision of the Board may be appealed to the land use board of appeals as provided by law. CHAPTER 2.28 15 (3-�O aO20 (Ord. 2020-006 15; Ord. 2010-019 §1; Ord. 95-027 §1, 1995; Ord. 88-008 §17, 1988; Ord. 86-023 §1, 1986; Ord. PL-21 § 12, 1980) 2.28.160. Penalties. Violation of DCC 2.28.090(A)(1), or DCC 2.28.100(A) is a Class A violation. A Class A violation is defined in DCC 1.16.010. (Ord. 2020-006 §5; Ord. 2010-019 §1; Ord. 2003-021 §7, 2003; Ord. 95-027 §l, 1995; Ord. 93-053 §l, 1993; Ord. 91-039 §l, 1991) 2.28.170. Oregon State Speeial Assessment of Hister4e Properties. eenstfuetion of stFdetufes leeated E)" a PFE)pefty that is listed on the National Register- of Hister-ie Plaees A-44 d- i,,; 1;L-mAefiting ffem the Oregon Speeial Assessment Pr-egpa+n, the applioa le se-eetions of this eade, thee Seeretafy of the Interior's Standards and Guidelines for -Rehabilitation and the appr-eved Presen,ation Nan will be used as er-iteria to deterffline the appropriateness and reasonableness of the applie-alion. B. After- the applioation is deemed eemplete bY P staff-, a eopy of the applioation will be sent to the (Ord. 2010 01L§1) 2 28 170 Preservation of Archaeological Resources. The following provisions apply to the preservation of Archaeological Resources under state law. A Archeological Resources must be protected and preserved in place subject to the requirements of federal state and local regulations including the guidelines administered by the Oregon State Historic Preservation Office and ORS 358.905-358.962. B. A person may not excavate injure destroy. or alter an Archaeological Resource or remove an Archaeological Object located on public or private lands unless that activity ms authorized by a permit issued under ORS 390.235. A violation of this subsection is a misdemeanor. (Ord. 2020-006 �5) 2 28 180 Removal of a Si nificant Historic Resource from the Resource List. A public hearing before the Landmarks Commission is required to remove a Significant Historic Resource from the Resource List. A A National Register Resource must first be removed from the National Register of Historic Places before an owner may apply for the National Register Resource to be removed from the Resource List. B. An a lication to remove a Significant Historic Resource from the Resource List must not be considered for one (1) year after the date of decision for the denial of an application for the relocation or demolition of the same Significant Historic Resource. C. Any individual or group including the Landmarks Commission acting on its own initiative, may initiate the removal of a Significant Historic Resource from the Resource List by submitting a complete application to the Planning Division. D. In order to approve an application for the removal of a Significant Historic Resource from the Resource List the Landmarks Commission mnust find the following: 1 The Significant Historic Resource has lost the qualities for which it was originally recognized;_ and/or 2 Additional infonnation shows the Significant Historic Resource no longer satisfies the criteria for recognition or did not satisfy the criteria for recognition at time of listing; and/or CHAPTER 2.28 16 (4Q81-205/2020 3 The County Building Official declares the Significant Historic Resource poses a clear and immediate hazard to public safety and must be demolished to abate the unsafe condition; and/or 4 The designation of the Significant Historic Resource to the Resource List was unposed on the property at the time of designation and: a The owner has retained ownership since the time of the designation; and b The owner can demonstrate that the owner objected to the designation on the public record or was not provided an opportunity to object to the designation; and c The owner requests in writing the local govermnent remove the property from the Resource List. E. A Significant Historic Resource removed from the Resource List under the provisions of this Section shall not be subject to the regulations of this ordinance. (Ord. 2020-006 §5) 2.28.190 Condemnation Proceedings. A Before any action is taken by a public entity to condemn a Significant Historic Resource, the Landmarks Coimnission shall review the report of the County building safety division and/or any other County departments relating to the condition of the resource and premises and the extent of its danger, deterioration or decay. B. The Landmarks Commission shall report on its review and make a recommendation concerning action to the Board before official action of condemnation is instituted. C. The Landmarks Commission may identify specific structures within a designated historic district which will be exempt from the provisions of DCC 2.28.100. (Ord 2020 006 §5. Ord 2010 019 §11. Ord 95-027 fl 1995. Ord 88-008 §13 1988. Ord. PL-21 §8 1980) CHAPTER 2.28 17 (3,�05/2020 FINDINGS BACKGROUND Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023-0200. The Statewide Goal and OAR require basic protections for sites listed on the National Register of Historic Places and recommend the County to inventory and protect other historic or cultural sites.' The Board of County Commissioners (Board) adopted Ordinance PL-21 on September 17, 1980 to establish the Deschutes County Historical Landmarks Commission and create a process to evaluate, designate and regulate historic resources throughout the rural county. The Historic Landmarks Commission evaluated proposed historic landmarks over time. The resulting local inventory of historical resources and National Register of Historic Places can be found in Chapter 5 of the County Comprehensive Plan. Resources listed on the National Register of Historic Places were not originally listed in the local inventory.2 Deschutes County Code (DCC) Chapter 2.28 — Historic Preservation and Historic Landmarks Commission — provides procedures for protecting designated local and National Register historic resources. 2017 Amendments to OAR 660-023-0200 The historic resources rule — OAR 660-023-0200 — includes procedural requirements for surveying sites, evaluating integrity, and considering whether and how to protect historic and cultural resources. The State amended the historic resources rule in February 2017 to require a base level of protection for National Register Resources and provide a more usable and clear list of standards for local governments to follow if they have an established historic preservation ordinance. The updates include new and amended definitions, clearer procedural steps, and more detail regarding review of applications to demolish or relocate resources listed in the National Register of Historic Places. Some procedural requirements have been added or removed. Unclear sections have been clarified. Protection standards for resources listed on the National Register of Historic Places are required for local governments to comply with regardless of what the local ordinance provides. 1 OAR 660-023-0200 was amended in 2017 to require local jurisdictions review demolition and relocation permits of buildings/structures/etc. listed in the National Register of Historic Places. Prior to 2017, the State only recommended protections to historic resources. 2 This was identified as a concern in the Comprehensive Plan Section 2.11 — Cultural and Historic Resources. Policy 2.11.3(a) encourages the County to develop and maintain a comprehensive list of sites on the National Register. List Exhibit F to Ordinance 2020-006 Page 1 of 14 2020 Amendments to County Code Deschutes County decided to bring the historic preservation ordinance up to standard with the amended OAR in the 2019-2020 Certified Local Government (CLG) grant. The proposed project was supported by the State Historic Preservation Office (SHPO), which administers the CLG grant program. County staff initiated the process in February 2020 to audit the current historic preservation ordinance and identify components that required updates. The HLC held a work session on May 4, 2020 to review the proposed amendments. A public hearing occurred on June 1, 2020 to receive public comments regarding the amendments. Subsequently, on June 15, the HLC made a recommendation to approve the amendments to the Board. II. PROPOSED PLAN AMENDMENTS The proposed amendments to Deschutes County's Comprehensive Plan are described in Ordinance 2020-006, Exhibits B & C. Added language is underlined and deleted language shown as Wikethrewgl4. Table 2 provides an overview amendments to specific Comprehensive Plan sections. Table 2 — Comprehensive Plan Amendments Comprehensive Plan Overview Minor amendments to background section. Section Cultural Updates number of sites (ten years have passed since last update). and Historic • Delete section on need to include National Register of Historic Resources Policies Places Section 5.9 Goal 5 • Include new definitions Inventory Cultural • Update inventory and Historic • Create two new categories: Locally Significant Historic Resources Resources and National Register Resources III. PROPOSED TEXT AMENDMENTS Ordinance 2020-006 also amends DCC Chapter 2.28 — Historic Preservation and Historic Landmarks Commission. The amendments include new text — as provided in Exhibit E — that updates the definitions and procedures to reflect the State's model ordinance and comply with the 2017 amendments to the historic preservation rules within OAR 660-023- 0200. Added language is underlined and deleted language shown as ct�t" = . Table 3 provides an overview of the amended text. Table 3 — Text Amendments DCC 2.28 Overview Delete "buildings" & add "objects" to align with definitions and 2.28.010 -Purpose reduce redundancy. Exhibit F to Ordinance 2020-006 Page 2 of 14 DCC 2.28 Overview • Add several new definitions to clarify protections, process, and 2.28.020 -Definitions requirements. 2.28.030 - Update language to refer to new definitions. Applicability Delete "secretary" as an officer position. 2.28.040 - • Clarify process based on new definitions and updated Administration requirements. • Update references to other sections of DCC. 2.28.050 - Criteria • Update language to refer to new definitions. Clarify procedures for designating a historic resource to the County's local Goal 5 inventory. • Delete separate procedures for designation of buildings, districts, 60 - and sites. Combine into one overarching procedure based on Procedures Proce updated definitions. • Clarify procedures for landmarks on the NRHP and explain the difference from the local Goal 5 inventory. 2.28.070 - Historic • Add new language in reference to the Goal 5 inventory, (i.e., and Cultural "Resource List"). resource Survey • Specify requirements and technical language used in historic and Inventory surveys and inventories. 2.28.080 - Designation not a Update language to refer to new definitions. Recommendation for Federal Action 2.28.090 - Exterior • Clarify process for exterior alterations to both Goal 5 inventoried Alteration and New resources and those listed on the NRHP. Building Structure **Alterations to a NRHP landmark listed on or after February 23, Restrictions 2017, are not subject to a County review of such alterations. 2.28.100 - Demolition Update language to refer to new definitions. and Relocation of Add review criteria for demolition or relocation of National Significant Historic Register Resources. Resources 2.28.110 - Records and Artifact Update language to refer to new definitions. Preservation 2.28.120 - Update language to refer to new definitions. Signs/Plaques Exhibit F to Ordinance 2020-006 Page 3 of 14 DCC 2.28 Overview 2.28.130 - Redevelopment and Neighborhood • Update language to refer to new definitions. Improvement Projects Review by Commission 2.28.140 - Enforcement of • Clarify the County's responsibility in reviewing proposals to alter, State Preservation relocate, or demolish Archaeological Resources. Laws • Update language to refer to new definitions. 2.28.150 -Appeals Delete reference to reconsideration. 2.28.160 - Penalties • Update reference to specific sections of DCC. 2.28.170 - Oregon State Special Delete subsection based on feedback from SHPO (not necessary). Assessment of Historic Properties *New* 2.28.170 - Preservation of • Add language based on model ordinance and State law. Archaeological Resources *New* 2.28.180 - Removal of a • Add language based on model ordinance and State law. Significant Historic • Clarify process for removing a resource from the Goal 5 Resource from the inventory. Resource List *New* 2.28.190 - Add new section with existing language on condemnation Condemnation proceedings (previously located in DCC 2.28.100). Proceedings Deschutes County lacks specific criteria in DCC Titles 22 or 23 for reviewing a legislative plan amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying the amendments are consistent with the Statewide Planning Goals, Oregon Revised Statutes, Oregon Administrative Rules and its existing Comprehensive Plan. Findings for the applicable approval criteria are provided below. IV. FINDINGS A. CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required Exhibit F to Ordinance 2020-006 Page 4 of 14 FINDING: The Historic Landmarks Commission held a public hearing on June 1, 2020. The Planning Commission reviewed the proposed amendments and the HLC's recommendation on June 25, 2020. The Board will hold a hearing following the Planning Commission recommendation. This criterion is met. 2. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in the Bend Bulletin newspaper on May 14, 2020. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion is met as notice was posted in the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend, as well as on the Planning Division website. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The Planning Division mailed notice on May 13, 2020 to all property owners with a designated historic or cultural resource on their property. This criterion is met. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion is met. Exhibit F to Ordinance 2020-006 Page 5 of 14 3. Section 22 12 030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board. This criterion is met. 4. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order.- 1. The Planning Commission. 2. The Board of County Commissioners. FINDING: Because the proposed amendments are specific to historic preservation, the Historic Landmarks Commission held a public hearing on June 1, 2020. The Planning Commission reviewed the Historic Landmarks Commission's recommendation, which will be followed by a Board hearing. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Planning Commission reviewed the proposed amendments prior to a public hearing before the Board. 5. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: Land use application file no. 247-20-000253-PA and 247-20-000254-TA are implemented by Ordinance Nos. 2020-006. This criterion is met. B. STATEWIDE PLANNING GOALS The parameters for evaluating these specific amendments are based on an adequate factual base and supportive evidence demonstrating consistency with Statewide Planning Goals. The following findings demonstrate that Ordinance 2020-006 complies with applicable Statewide Planning Goals and State Law. Goal 1, Citizen Involvement is met through this adoption process because the proposed amendments received noticed public hearings before the Historic Landmarks Commission and the Board. Exhibit F to Ordinance 2020-006 Page 6 of 14 Goal 2, Land Use Planning is met because ORS 197.610 allows local governments to initiate post acknowledgment plan amendments (PAPAs). A Department of Land Conservation and Development (DLCD) 35-day notice was initiated on March 30, 2020.3 This FINDINGS document provides the adequate factual basis and documented analysis for this plan update. Goal 3, Agricultural Lands and Goal 4, Forest Lands are not applicable because the proposed amendments will not have an effect on the operation and/or preservation of agricultural or forest lands. The proposed amendments impact the administration of historic resource protection, they do not modify allowed uses or where uses can be located. Some historic resources are located on agricultural and forest lands, but all historic resources were developed well before the development of the Statewide Planning Goals or land use regulations were adopted in Deschutes County. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces will be met because the purpose of the proposed amendment is to bring the County's historic preservation ordinance up-to-date and in compliance with the updated State historic preservation rule (i.e., OAR 660-023-0200). The text amendments mirror the model ordinance which was informed by the 2017 amendments to OAR 660-023-0200.4 Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards are not applicable because the County has proposed amendments that effect the administration of historic resource preservation. No development or land use changes are proposed that impact air, water and land resource qualities or natural hazards. Chapters 17, 18, and 19 of the County Code regulate uses, including uses within historic structures or properties. Protection standards for air, water and land resource quality and limitation of development in areas subject to natural hazard are provided in these chapters, not the historic preservation ordinance (DCC 2.28). Again, the historic preservation ordinance does not regulate uses or where a structure can be located. Thus, Goal 6 is not applicable. Goal 8, Recreational Needs is not applicable because the County is proposing amendments to the County's administration of historic preservation. No development or land use changes are being proposed that impact lands designated with recreational resources. Goal 9, Economic Development is not applicable because the proposed amendments do not impact the ability of cities or counties to have enough land available to realize economic growth and development opportunities. The amendments pertain to the administration of historic preservation. 3 Deschutes County completed periodic review on January 23, 2003. The Comprehensive Plan Update was adopted on November 9, 2011. 4 SHPO and DLCD created the model ordinance, which is available here: https://www.oregon.gov/oprd/OH/pages/cig.aspx Exhibit F to Ordinance 2020-006 Page 7 of 14 Goal 10, Housing is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11, Public Facilities is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact public facilities. Goal 12, Transportation is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact transportation facilities. Goal 13, Energy Conservation is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are proposed that pertain to energy conservation. For example, the proposed amendments do not prevent a historic -landmark property owner from applying for permits to increase energy efficiency. A property owner is not precluded from increasing their energy conservation if historic design standards are met. Again, the proposed amendments are limited to the administration of historic preservation — they do not increase or decrease allowed uses or similar standards. Goal 14, Urbanization is not applicable because no expansion of an urban area is proposed with these amendments. Goals 15 through 19 are not applicable to any amendments to the County's comprehensive plan because the County has none of those types of lands. C. OAR 660-023 PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 OAR 660-023-0200 Historic Preservation Rule (2) Relationship of Historic Resource Protection to the Standard Goal 5 Process. (a) Local governments are not required to amend acknowledged plans or land use regulations in order to provide new or amended inventories, resource lists or programs regarding historic resources, except as specified in section (8). Local governments are encouraged to inventory and designate historic resources and must adopt historic preservation regulations to protect significant historic resources. FINDING: Deschutes County has an adopted historic preservation ordinance.5 The purpose of the proposed amendments is to comply with the recently updated OAR 660- 023-0200(8). 5 See DCC 2.28 Exhibit F to Ordinance 2020-006 Page 8 of 14 (b) The requirements of the standard Goal 5 process in OAR 660-023-0030 through 660-023-0050, in conjunction with the requirements of this rule, apply when local governments choose to amend acknowledged historic preservation plans and regulations. (c) Local governments are not required to apply the ESEE process pursuant to OAR 660-023-0040 in order to determine a program to protect historic resources. FINDING: The County's response to the requirements of the standard Goal 5 process in OAR 660-023-0030 through 660-023-0050 are provided below. OAR 660-023-0030 This section speaks to the inventory process to locate, evaluate, and potential adoption of significant resources. The proposed amendments are unique in regards to this section because they are intended to bring the County's historic preservation ordinance up-to- date. There will be no collection or survey of potential resources because the County already has an adopted historic or cultural resource list.6 Thus, there is no need to evaluate potential resources for their significance. The adopted resource list has already been deemed significant, which is why each resource is on the County's resource list or on the National Register of Historic Places. Again, the proposed amendments seek to amend the historic preservation ordinance to comply with the 2017 updated OARs, including this specific section. OAR 660-023-0040 Not applicable as provided above in sub (c). OAR 660-023-0050 This section speaks to the various programs to achieve Goal 5 and refers to OAR 660- 023-0040. Staff finds this section is not applicable because the proposed amendments do not modify conflicting uses. The amendments pertain to the administration of historic preservation in order to comply with the 2017 updated OARs relevant to historic resources. (3) Comprehensive Plan Contents. Local comprehensive plans should foster and encourage the preservation, management, and enhancement of significant historic resources within the jurisdiction in a manner conforming with, but not limited by, the provisions of ORS 358.605. In developing local historic preservation programs, local governments should follow the recommendations in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, produced by the National Park Service. Local governments should develop a local historic context 6 Comprehensive Plan Section 5.9 Exhibit F to Ordinance 2020-006 Page 9 of 14 statement and adopt a historic preservation plan and a historic preservation ordinance in conjunction with inventorying historic resources. FINDING: The County has maintained policies and provisions to encourage historic preservation since 1980 (i.e., a historic preservation ordinance). The County's historic preservation ordinance is in compliance with ORS 358.605 which speaks to the importance of preventing the destruction of historic or cultural resources and the recommended development of preservation plans. The County's historic preservation ordinance requires coordinated review with the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. This requirement does not change in the proposed amendments. While the County does not have a formally -adopted local historic context statement, it is not a requirement in this situation.' (4) Inventorying Historic Resources. When a local government chooses to inventory historic resources, it must do so pursuant to OAR 660-023-0030, this section, and sections (5) through (7). Local governments are encouraged to provide opportunities for community -wide participation as part of the inventory process. Local governments are encouraged to complete the inventory in a manner that satisfies the requirements for such studies published by the Oregon State Historic Preservation Office and provide the inventory to that office in a format compatible with the Oregon Historic Sites Database. (5) Evaluating and Determining Significance... FINDING: The County is not proposing to inventory historic resources and, thus, is not required to evaluate or determine the significance of a resource. The proposed amendments pertain to the administration of historic preservation. (6) Designating Locally Significant Historic Resources... FINDING: The County is not proposing to designate a Locally Significant Historic Resource. While the proposed amendments include the addition of National Register Resources to the Comprehensive Plan, such resources are not categorized as Locally Significant Resources as defined in the applicable rule. (7) Historic Resource Protection Ordinances. Local governments must adopt land use regulations to protect locally significant historic resources designated under section (6). This section replaces OAR 660-023-0050. Historic protection ordinances should be consistent with standards and guidelines recommended in the Standards and Guidelines for Archeology and Historic Preservation published by the U.S. Secretary of the Interior, produced by the National Park Service. FINDING: The County has had a historic resource ordinance since 1980. DCC 2.28, formerly PL-21, protects Locally Significant Historic Resources. However, as stated 7 There is a possibility of applying future CLG grant funds to creating such documents. Exhibit F to Ordinance 2020-006 Page 10 of 14 above, the existing proposal does not include the designation of additional Locally Significant Historic Resources. (8) National Register Resources are significant historic resources. For these resources, local governments are not required to follow the process described in OAR 660-023-0030 through 660-023-0050 or sections (4) through (6). Instead, a local government: (a) Must protect National Register Resources, regardless of whether the resources are designated in the local plan or land use regulations, by review of demolition or relocation that includes, at minimum, a public hearing process that results in approval, approval with conditions, or denial and considers the following factors: condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the acknowledged comprehensive plan. Local jurisdictions may exclude accessory structures and non-contributing resources within a National Register nomination; FINDING: The purpose of the amendments is to comply with this specific section. The existing County historic preservation ordinance does not differentiate between Locally Significant Historic Resources and National Register Resources (i.e., sites and districts listed on the National Register of Historic Places). This means a National Register Resource receives the same protections as a Locally Significant Historic Resource. The County has proposed amendments to County Code 2.28 (historic preservation) in order to comply with the 2017 updates to this OAR section and, thus, specifically define what type of protections are provided to National Register Resources. The proposed amendments define National Register Resources and creates two categories for such resources: Resources listed before February 23, 2017 • Resources listed on or after February 23, 2017 Both categories receive certain protections as required by this rule. Resources listed before the aforementioned date receive the same level of review as Locally Significant Historic Resources (i.e., alteration, relocation, demolition). Demolition and relocation proposals for resources listed after said date are required to have a public hearing that reviews the condition, integrity, age, significance, etc. of the resource. Again, the purpose of the proposed amendments is to comply with the 2017 updates to this OAR section, and, specifically, the requirement to require a basic level of protections for National Register Resources. (b) May apply additional protection measures. For a National Register Resource listed in the National Register of Historic Places after the effective date of this rule, additional protection measures may be applied Exhibit F to Ordinance 2020-006 Page 11 of 14 only upon considering, at a public hearing, the historic characteristics identified in the National Register nomination; the historic significance of the resource; the relationship to the historic context statement and historic preservation plan contained in the comprehensive plan, if they exist, the goals and policies in the comprehensive plan; and the effects of the additional protection measures on the ability of property owners to maintain and modify features of their property. Protection measures applied by a local government to a National Register resource listed before the effective date of this rule continue to apply until the local government amends or removes them; and FINDING: The County — at this time — is not proposing to apply additional protection measures other than those already provided to National Register of Historic Places. (c) Must amend its land use regulations to protect National Register Resources in conformity with subsections (a) and (b). Until such regulations are adopted, subsections (a) and (b) shall apply directly to National Register Resources. FINDING: The proposed amendments specifically address this requirement as they update the County's historic preservation ordinance to conform to the applicable OARs (660-023-0200(8)). (9) Removal of a historic resource from a resource list by a local government is a land use decision and is subject to this section FINDING: The proposal does not involve the removal of a historic resource form the resource list. That said, the standards found in this section are included in the text amendments to comply with the latest OARs. (10) A local government shall not issue a permit for demolition or modification of a locally significant historic resource during the 120-day period following: FINDING: The proposal does not involve the removal of a historic resource form the resource list. That said, the standards found in this section are included in the text amendments in order to comply with the latest OARs. D. CONSISTENCY WITH DESCHUTES COUNTY COMPREHENSIVE PLAN Deschutes County updated its Comprehensive Plan on August 10, 2011. Chapter 2, Resource Management Section 2.11, Cultural and Historic Resources Exhibit F to Ordinance 2020-006 Page 12 of 14 Goal 1 Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.11.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. FINDING: The proposed Comprehensive Plan and text amendments are consistent with Policy 2.11.1. The HLC created the work program that provided direction for staff to update DCC 2.28 to comply with the State amendments to the historic preservation rule. The proposed amendments will promote historic and cultural resource preservation by providing a clear process for administering historic resource designations and protections. Policy 2.11.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government. b. Encourage private property owners to coordinate with the State Historic Preservation Office. FINDING: The proposed Comprehensive Plan and text amendments are consistent with Policy 2.11.2. The State Historic Preservation Office and the Department of Land Conservation and Development created a model ordinance for historic preservation that complied with the latest revisions to the historic preservation rule in OAR 660-023-0200. Staff utilized the model ordinance to audit Chapter 2.28 and develop text that needed to be included in a historic preservation ordinance to comply with the State historic preservation rule. The State Historic Preservation Office was consulted and provided guidance on the proposed amendments. The proposed amendments bring Chapter 2.28 into compliance with the historic preservation rule, and, thus, maintains Deschutes County's status as a Certified Local Government. The CLG status has certain requirements for a local jurisdiction. The County's CLG status could be in jeopardy if the historic preservation ordinance is not up- to-date and out of compliance. Thus, there is a need for the proposed amendments. The sub -policy to encourage private property owners to coordinate with the State Historic Preservation Office will not be impacted by the proposed amendments. Policy 2.11.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. Exhibit F to Ordinance 2020-006 Page 13 of 14 b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. FINDING: The Comprehensive Plan and text amendments are consistent with Policy 2.11.3. The amended text of the preservation ordinance will encourage preservation of historic and cultural resources by way of clearly: • Defining terms • Listing what resources are protected • Explaining how resources are protected The proposed Comprehensive Plan amendments develop and maintain a list of landmarks on the National Register of Historic Places, something that has not been done before. The proposed amendments directly accomplish Policy 2.11.3(b) as the process involves a thorough review of County Code and, subsequently, a list of amendments to bring the County's historic preservation ordinance up to standard with the newly updated historic preservation rule and the State's model ordinance. 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Date: July 24, 2020 To: Board of County Commissioners Cc: Tom Anderson, County Administrator and Erik Kropp, Deputy County Administrator From: Kathleen Hinman, HR Director Re: Updated Vacancy Report Attached is an updated Vacancy Report with information available through July 23, 2020. Please note the yellow highlighted positions are new to the report, added due to resignations and grant funding approval. Human Resources staff continue to work with departments to obtain information and updates. This week's report includes: Page 1: Positions eliminated as part of the vacancy review process. (green) Page 2: Currently vacant positions in county departments. (light orange) Pages 3 & 4: Currently vacant positions in Health Services (light orange) and vacant HS grant funded positions (darker orange). Page 5: Currently vacant positions in elected offices. (blue) 1300 NW Wall Street,Suite 201 Bend, Oregon 97703 (541) 3 8 8 - 6 5 5 3 Yu@descfiutes.org www.descliutes.org Deschutes County list of Vacant Positions as of July 23, 2020 Abbreviations: GF or CGF-County General Funds OHA-OregonHealth Authority OHP- Oregon Health Plan SGF - State Grant Funds Limited FUNDING SOURCE DEPT Job Class Desc Position FTE Duration End RECRUITMENT COMMENTS Days Unfilled DESCRIPTION CONSEQUENCE/BUSINESS JUSTIFICATION PRIORITY COMMENTS Date 911 Dep Dir, 911 Tech Systems 2598 1.0 No Open Request 276 9-1-1 levy Reallocate FTE to a admin assist position, considerable savings 6 ELIMINATED FY21(7/8/2020) Position limited by their classification in regards to the types of land use applications assigned and typically provide COD Assistant Planner 1041 1.0 No Open Request 103 Fees support to staff in higher classifications. 5 ELIMINATED FY21 Position is able to manage controversial land use applications that are more complex, regularly going before a hearings CDD Associate Planner 1035 3.0 No Open Request 13 Fees officer as well as manage lesser complex applications. 4 ELIMINATED FY21 Officers are needed to reduce caseload to increase g of in -home visits, which are directly related to public safety and cis Parole & Prob Officer 2742 1.0 No Open Request FY21 ADD State Grant offender compliance. The grant in aid allocation is based in part on the additional time needed to provide evidence ELIMINATED FY21(7/8/2020) based practices for the number of offenders County has on supervision Critical to revised custodial service plan. Vaunt position currently used to fund temp staff and contractor. Position is FACILITIES Custodian 2376 1.0 No Open Request 601 Internal Service Fee Charges critical to COVID-19 cleaning response. Elimination of the position would result in reduced services or shift of resources 1 ELIMINATED FY21 within Materials & Services from other line items to Custodial Contracting. Reallocated Custodian position to Project Coordinator in FY21 budget. Project Coordinator position Is integral to the FACILITIES Project Coordinator 1578 1.0 No Open Request 594 Internal Service Fee Charges Facilities Dept. capacity to manage capital maintenance work and complete maintenance needs identified in the Capital 2 ELIMINATED FY21(7/8/2020) Asset Binder for Fund 070. FAIR Manager, Administrative 1928 1.0 No Open Request 72 Enterprise Fund/TRT This position was originally planned to be adjusted/downgraded. ELIMINATED FY21 Vaunt remnant of a previous MA Service Impact -Admin had planned to increase FTE to 0.5 FTE support position that supports key infrastructure support HEALTH Management Analyst 2632 0.2 9/30/2023 No Open Request 588 position for PH and BH. FTE provides flexibility when new grants to pay for Admin Services positions 2 ELIMINATED FY21 Service Impact- Impact to services and programs: Leaves no FTE for PH to allocate to address emerging needs as they HEALTH Supervisor, Administrative 2480 0.05 No Open Request 366 GF arise across the PH service area. Future funding often comes during the year 2 ELIMINATED FY21 Service Impact -Position is to help divide managerial responsibilities to a more manageable workload. The plan is for this position to manage: • 9 person Adult Outpatient Program (AOP) integrated Care Team (currently managed by Barrett who manages complex HEALTH Manager, Behavioral Health Pgrm 1702 1.0 No Open Request 681 OHP, OHA, GF care teams in three cities) 2 ELIMINATED FY21 • 10 person, high volume client BH Access Team (currently Holly Harris who is also managing the stabilization center) • Grant Metrics and Monitoring (currently shared amongst all managers) Road Fund (primarily State Highway The Road Department operates with the minimum number of staff required to deliver core services. Elimination of ROAD PW Equipment Operator 1518 1.0 On -hold due to hiring freeze 112 Fund) Operator Positions will decrease the levels of service in our chip seal program and snow/ice operational response. 3 ELIMINATED FY21 SOLID WASTE Landfill Site Attendant 1556 0.5 No Open Request 1930 Solid Waste Funds Added position rather than using seasonal labor. ELIMINATED FY21 Currently using a contract operator to fill this roll due to economic uncertainty. Can only use contract operator SOLID WASTE PW Equipment Operator 1540 1 No Open Request 223 Solid Waste Funds seasonally. Coufd eliminate position and work shorthanded through winter, but will need FTE next spring unless ELIMINATED FY21(718/2020) operations are reduced. Page 1 of 7 Deschutes County List of Vacant Positions as of July 23, 2020 Abbreviations: GF or CGF - County General Funds OHA - Oregon Health Authority OHP- Oregon Health Plan SGF - State Grant Funds Limited FUNDING SOURCE DEPT Job Class Desc Position FTE Duration End RECRUITMENT COMMENTS Days Unfilled CONSEQUENCE/BUSINESS JUSTIFICATION PRIORITY COMMENTS Date DESCRIPTION 911 9-1-1 Call Taker 2690 1.0 Active & In Process 193 9-1-1 levy Interview in process, Sit along next- Start Sept 3 Essential 911 Supervisor, 911 2471 1.0 Temporary Fill through working out of class assignment 20 9-1-1 levy Need to fill position ASAP, will temporarily promote a Telecommunicator until regular recruitment can occur 1 Essential 911 Manager, 911 Technical Systems 2436 1.0 No Open Request 192 9-1-1 levy Fill this Manager position in Fall of 2020 5 Essential 911 Public Safety Dispatcher 11 1671 1.0 Active & In Process 140 9.1-1 levy A Call taker is slated to move into this position for training in July, and will be back filled by a 9.1-1 Call Taker 4 Essential 911 94-1 Call Taker sommulaym Code Enforcement Specialist 1346 2334 1.0 1.0 Active & In Process Active & In Process (approved 7/10/2020) 139 104 9-1-1 levy Fees Interview in process, Sit along next- Start Sept Complaints have increased 13%when compared to the same time period last fiscal year and are increasing in complexity 2 1 Essential Essential CDD requiring additional collaboration. The fourth positon on this team is viewed as critical. Active & In Process 7/10/20 (approved on - 7/2/2020, approval Resignation Building permit volumes remain steady and we continue to hear of future development, which may require this position CDD Building Safety Inspector III 1079 1.0 needed to make offer) 6/30/2020 Fees to be filled. Analysis will be performed before requesting recruitment. 2 Essential Retirement delayed Building permit volumes remain steady and we continue to hear of future development, which may require this position CDD Building Safety Inspector 111 1078 1.0 No Open Request until spring 2021 Fees to be filled. Analysis will be performed before requesting recruitment. We will utilize retiree as on -call, if available. New vacancy due to resignation Officers are needed to reduce caseload to increase lf of in -home visits, which are directly related to public safetyand CIS Parole & Prob Officer 2741 1.0 No Open Request FY21 ADD State Grant offender compliance. The grant in aid allocation is based in part on the additional time needed to provide evidence 1121 BudgetAdd based practices for the number of offenders County has on supervision Community Justice Officers (CIO) are needed to supervise Medium and High risk caseloads and utilize an evidence -based Cl$ Community Justice Officer - Juvenile 1454 1.0 No Open Request Resignation 6/30/20 General Fund practice (EBP) supervision model that creates community safety through behavior change. CJOs provide supervision to New vacancydue to resignation those juveniles most likely to criminally reoffend. Public safety would be jeopardized and youth recidivism risk increased without sufficient CIO resources to deliver EBP supervision model the County has in place. no Position reallocated to lower cost Spec I in Proposed FY 2021 budget. HVAC Spec III position was left vacant while exploring potential of contracting a portion of the HVAC repair work and resources used to fund HVAC contracting. The FACILITIES Maintenance Specialist 1 2435 3.0 No Open Request 6/14/2019 Internal Service Fee Charges reallocated Spec I position is critical to increasing the department's general maintenance capacity which is needed due to 1 Essential increased square footage and age of facilities. It is critical to general building maintenance (work orders) and grounds upkeep. The snow removal team is currently missing a team member for the downtown campus. This past winter that position was filled with temp labor. Offered 7/20/20 (To be filled on 8/3/2020) - Approved to Resignation Position is critical to maintenance activities at Sheriffs Office Substations, Juvenile Detention, 9-1-1 Dispatch, Oregon FACILITIES Maintenance Specialist It 2429 1.0 extend offer. 7/16/20 -Active & In Process 6/30/2020 Internal Service Fund Charges State Police, Health Services, State Courts and other critical facilities. The unfilled position would result in slower 1 Essential response times, lessened capacity for emergency response, and deferred maintenance. Approved to make offer to candidate - 7/16/2020 (Recruitment Critical to revised custodial service plan. Vacant position currently used to fund temp staff and contractor. Position is FACILITIES Custodian 2373 1.0 approved on - 7/2/2020) 462 Internal Service Fee Charges critical to COVI0.19 cleaning response. Elimination of the position would result in reduced services or shift of resources 1 Essential within Materials & Services from other line items to Custodial Contracting. Active & In Process 7/2/20- Approved to open recruitment- Resignation Budgeted in FY21 The position an integral component of building the County's annual budget and coordinating departmental budget FINANCE Budget Manager 2323 1.0 6/30/2020 (approval needed to make offer) 7/10/2020 Funded from ISF fees updates during the year, providing decision support analysis to County administration and the Board of County New vacancy due to resignation Commissioners. Road Fund — Primarily State Highway The productivity of the Road Department depends heavily upon the ability of Fleet/Equipment mechanics to perform ROAD Equipment Mechanic 1550 1.0 Active & In Process (approved 7/10/2020) Resignation Fund, but also via internal revenue maintenance and repairs, as well as prep equipment for the changing seasons. With very little redundancy in personnel Highest New vacancy due to 7/17/2020 reimbursement. and equipment, this position is key to maintain and sustain core services. resignation ROAD PIN Accounting Accounting Clerk 2740 1.0 No Open Request FY21 ADD Fund (primarily State Highway This position was approved for FY 21 by the Budget Committee to support the Fleet and Operations Division Managers. 1 Essential Fund) Road Fund (primarily State Highway The Road Department operates with the minimum number of staff required to deliver core services. Elimination of ROAD PW Equipment Operator 1515 1.0 No Open Request 14 Fund) Operator Positions will decrease the levels of service in our chip seat program and snow/ice operational response. 1 Essential This position provides the expertise and management of the Department's Vegetation Management Program, both No Request Resignation 11/30/20 Road Fund, plus contracted work with within rights -of -way, but also in association with the Countys Weed District. Many local, state and federal agencies New due ROAD Supervisor, Vegetation Mgmt 1602 1.0 Open local, state and federal agencies. partner (contract) with, and therefore rely upon the County to provide expertise and eradication services, making this vacancy to resignation position very important and a high priority. Accountant 2206 1.0 Active & In Process 0 Solid Waste Funds Essential position: performs accounts payable, accounts receivable. Elimination would severely hamper business Essential SOLID WASTE operations. Page 2 of 7 Deschutes County List of Vacant Positions as of July 23, 2020 Abbreviations: GF or CGF- County General Funds OHA - Oregon Health Authority OHP - Oregon Health Plan SGF - State Grant Funds Limited DEPT Job Class Desc Duration End RECRUITMENT COMMENTS Days Unfilled FUNDING SOURCE CONSEQUENCE/BUSINESS JUSTIFICATION PRIORITY COMMENTS DESCRIPTION Date +2231 Service Impact -Key front desk position needed at high volume Wall Street Services. Impacts client services and front desk HEALTH Admin Support Technician 4/30/2022 No Open Request 98 OHP, SGF, CGF, some CCHBC Demo funds coverage. Were waiting to post as other FD and Admin Support positions were moved around to different 1 Essential teams/locations. Health Care providers, including Behavioral Health providers, show up as essential workers in both federal and state guidance. These positions support our South County clinic which serves one of our most vulnerable communities in terms of income and acuity level of community members and the lack of existing comparable services. There are almost no HEALTH Behavioral Health Specialist If 2046 1.0 Offer approved 7/23/2020- Offer on HOLD 7/2/2020 - Active & Resignation 6/15/20 OHP, CCBHC Demonstration, CGF, OHA panel providers in La Pine, so the CMHP via our South County office is all that's available for residents without travel to New vacancy due to resignation In Process - State Dollars - Bend, which many cannot afford. These direct service positions generate Fee for Service revenue and CCBHC PPS revenue —They average $95,000 annually in revenue generating capability. While this revenue does not cover all of their costs, it ensures we are able to maintain service levels without additional burden on other funding sources. Vacating employee - Megan West, this position supports our Integrated Care Team at the Courtney Clinic which serves adults with Serious and Persistent Mental Illness, Substance Use and Trauma Disorders. Clinicians on this team have very large caseloads (up to 70 individuals) and this team has the longest wait in the agency for first treatment appointments. HEALTH Behavioral Health Specialist II 2321 1.0 No Open Request Resignation 9/1/2020 OHP, SGF, CGF, some CCHBC Demo funds This position generates Fee for Service revenue and CCBHC PPS revenue —They average $95,000 annually in revenue generating capability. While this revenue does not cover all of their costs, it ensures we are able to maintain service levels without additional burden on other funding sources. Leaving these positions vacant has significant service impacts for the community and fiscal impacts for the agency. This position is on one of the most productive and busiest teams in the Adult Outpatient Program, which currently has very high caseloads and is booked out until mid -August for new client appointments. This is a direct service position generating Fee for Service revenue. This fills a vacancy of the Substance Use Disorder Specialist for the program and is Resignation integral in providing core services in our revenue generating DUII (Driving Under the Influence of Intoxicants) program. HEALTH Behavioral Health Specialist It 2290 1.0 Recruitment Auth. received, HOLD for next review. - 7/23/2020 8/21/2020 This role is critical for ensuring that we are meeting contractual state care timelines for our DUII program. Provides an expert in addiction assessment and treatment to perform assessments on clients with SUDS Disorders and court mandates. Vacating employee- Elizabeth Smith This is an MCAT Position with direct impacts on the life and safety of individuals in HEALTH Behavioral Health Specialist 11 1815 1.0 Active & In Process Resignation OHP, CCBHC Demonstration, CGF, OHA Crisis. Position supports the Deschutes County Stabilization Center. Vacancies impact response time and direct safety of New vacancy due to resignation 6/19/2020 State Dollars individuals. vacating employee - Steven Harris This position is the only Veteran Specialist BH. Has a specific role in terms of liaising HEALTH Behavioral Health Specialist II 2036 1.0 Offer Approved 7/23/2020 - Active & In Process Resignation 6/9/2020 OHP, SGF, CGF, some CCHBC Demo funds with Veteran Serving entities. Provides direct service to high risk veterans with significant mental illness and co-occurring 1 substance use and/or physical health conditions. Position is revenue generating and averages 95,000 annually in fee for service and CCBHC Wrap payment revenue. vacating employee - Martin Gillette (This is the only licensed member of the Access Team. Position completes intake and HEALTH Behavioral Health Specialist II 2287 3.0 Offer Requested 7/22/2020 (HOLD for next review) - Active & In Resignation 6/30/20 OHP, SGF, CGF, some CCHBC Demo funds Assessment at SoCo and county -wide to ensure Medicare population can receive intake services that are covered by New vacancy due to resignation Process Medicaid. Revenue generating position. These positions are also responsible for ensuring BH meets it's access to care timelines which has a fiscal impact in terms of contract withhold.) K 4;1" .3.9 �� Filled 7/20/2020 Ire make affef6{f2{2829 iWA«k : 1a + e" b,'12P020 Filled 7/20/1020 lk gepayqaFat "Ith goes 11, ,ggg4 t0 ;FB 01113r611A,-GF Filled 7/22/1020 Page 3 of 7 Deschutes County List of Vacant Positions as of July 23, 2020 Abbreviations: GF or CGF - County General Funds OHA -Oregon Health Authority Limited DEPT Job Class Desc Position FTE Duration End RECRUITMENT COMMENTS Days Unfilled FUNDING SOURCE CONSEQUENCE/BUSINESS JUSTIFICATION PRIORITY COMMENTS Date DESCRIPTION Position is revenue generating: • Accurate credentialing of clinical staff is an essential, required function to receive payment from all insurance payers, including Medicaid which is our largest payer -This position annually supports 16G+clinical staff including the onboarding of new staff. Workload is high volume and HEALTH Credentialing Specialist 2372 1.0 Recruitment on HOLD- 7/23/2020 Resignation Internal Service Charges Paid by BH and very detail oriented to meet ridged insurance requirements. 11/3/2020 PH Position is unique and specialized: New vacancy due to resignation • There is one Credentialing Specialists supporting the entire Department (BH and PH).. • This position manages a significant amount of highly sensitive information — employee SSNs, DOBs, criminal background check results — so spreading work amongst existing staff puts confidential employee data at risk HEALTH Environmental Health Specialist It 2734 1.0 6/30/2021 Approved to Offer 7/10/20- Active & In Process FY21 ADD COVID Response/Backfill Backfill of EHS 11 position assigned to COVID-19 response. FY21 BudgetAdd This position will provide department -wide expertise in developing and implementing public health communications and evidence -based strategies proven to lead to behavior change. This expertise, as well as the behavior change communication, strategies and tools, is also essential in addressing growing trends in vaccine hesitancyand risk taking Active & In Process 7/6/20- Approved to open recruitment - behaviors (e.g. unsafe sex, physical inactivity, substance abuse, etc.). This position will continue to provide contract HEALTH Management Analyst 2520 1.0 7/2/2020 (approval needed to make offer) Resignation 7/1/2020 HSPHGENERAL & HSPREVENTION FUNDS management and oversight for a unique set of community contracts funded by the county and not currently managed by vacan cy ncy due to anyone else in the county. The funding we receive for this position is to support the community grant/contract resignation management for 13+grants. A critical time for those Grant's is the first quarter of the fiscal year (which is now) when the work plans and budgets are negotiated and contracts are set up. If we wait, these 13 non -profits will not receive their payments for service, creating a challenge for those agencies already operating on a thin margin due to COVID. HEALTH Psychiatric Nurse Practitioner 1618 0.5 Active & In Process 13 OHP, SGF, CGF, some CCHBC Demo funds Revenue generating position Service Impact. Open recruitment for child NP- critical for child services 1 Essential No Savings - Due to difficulty recruiting a full time Psychiatrist, the dollars that would have paid for this position have HEALTH Psychiatrist 2681 1.0 Not approved to open recruitment - 7/2/2020 892 OHP, SGF, CGF, some CCHBC Demo funds been used each year for tele-med psychiatry. Eliminating this position is NOT a savings and results in significant impact to teams from reduced psychiatric services. There is a current psychiatrist interested and in recruitment. The position is 1 Essential revenue generating. uc w r TurPI h NP P I Ith N1 F1 P It;2616eampliane;649140 SeaSePFe%seMeeFilled 81312020 HEALTH Public Health Educator It 2733 1.0 6/30/2021 Offer Extended 7/20/20- Approved to offer 7/17/20- FY21 ADD COVID GF - FY21 BUDGET COVID Response FY21 BudgetAdd Reallocated from Public Health Nurse 11 7/20 20 Service impact- High impact to services and program compliance: WIC is mandated to have a Registered Dietitian (RD) to Position funded by 66%OHA grant and serve high -risk clients (i.e. hypertension, gestational diabetes, failure -to -thrive, etc.). RD is also required for coordination HEALTH Registered Dietician 2469 0.6 No Open Request 42 of care with medical providers and to train WIC staff to assure appropriate nutrition counseling and care. 3) Impact to 1 Essential 34%General Fund, Program: WIC RD FTE was already reduced by 0.10 FTE in FY21 to balance PH budget. If this FTE is cut, will have only 1 remaining 0.60 FTE RD to serve over 3,400 WIC clients. c•• R ® e COVID has significantly depleted what little PH admin support was available while at the same time it has resulted in an increased demand on PH management's time for administrative level tasks. This position will help address added COVID Resolution #2020- OHA described in amendment #11 of the related needs and requirements: l) Coordinating seven days/week staffing schedules for contact tracing and case HEALTH Admin Assistant TBD 1.0 12 months Approved to recruit 7/23/2020 428 20191GA for financing of PHS investigation; 2) Facilitating paperwork needs for ARIAS and Opera access; 3) Delivering resources to contacts of cases Grant Funded (i.e. masks and thermometers; 4) Contacting recovered cases to provide information about convalescent antibody plasma donations; 5) Assisting team with COVID outreach including testing and vaccination; 6) As needed, assisting with crowd management, paperwork, delivery of specimens to lab, run copies of forms, etc. HEALTH I Behavioral Health Specialist I Position is associated with the Crisis Stabilization Center. No savings if not filled. Will work in conjunction with the CSC, Resolution # 2020. Law Enforcement and courts to attempt to divert individuals with Severe Mental Illness and frequent contacts with law TBD 1.0 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request 050 IMPACTS Grant enforcement and jail further involvement with criminal justice system and languishing in the jail. Intent is to provide 1 Essential Grant Funded individuals with intensive support/ treatment to stabilize them, connect them with ongoing treatment and divert them from Aid and Assist caseload (which has increased by 150%in the last 6 months) and criminal justice system. Page 4 of 7 Deschutes County List of Vacant Positions as of July 23, 2020 Abbreviations: GF or CGF - County General Funds OHA - Oregon Health Authority OHP - Oregon Health Plan SGF - State Grant Funds Limited FUNDING SOURCE DEPT lob Class Desc Position FTE Duration End RECRUITMENT COMMENTS Days Unfilled DESCRIPTION CONSEQUENCE/BUSINESSJUSTIFICATION PRIORITY COMMENTS Date -No- , - -,d £?n"o r . Also rave ` e a HEALTH Behavioral Health Specialist II, LIC (DayShift) TBD 1.0 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request Resolution N 2020- IMPACTS Grant No savings -grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating - S Essential Grant Funded 050 elimination = loss of OHP revenue HEALTH Behavioral Health Specialist Ii, LIC (Night Shift) TBD 1.0 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request Resolution It 2020- IMPACTS Grant No savings. grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating - 1 Essential Gran[ Funded 050 elimination = loss of OHP revenue Resolution g 2020. No savings- grant funded. Loss of position equals inabilityto expand Crisis Center hours. Also revenue generating - HEALTH Behavioral Health Specialist II, LIC (Night Shift) TBD 1.0 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request IMPACTS Grant 1 Essential Grant Funded 050 elimination = loss of OHP revenue HEALTH Behavioral Health Specialist II, LIC (Weekend TBD 0.6 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request Resolution tt 2020. IMPACTS Grant No savings- grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating - 1 Essential Grant Funded Night Shift) 050 elimination = loss of OHP revenue HEALTH Behavioral Health Specialist Ii, LIC (Weekend TBD 0.6 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request Resolution q 2020- IMPACTS Gran[ No savings -grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating - 1 Essential Gran[ Funded Night Shift) 050 elimination = loss of OHP revenue Requisition received, Approved 7/23/2020 (realocation of No Savings accrued as grant funded position. Results in reduced services to clients & non-compliance with federal grant. HEALTH Behavioral Health Supervisor 2762 1.0 4/30/2022 CCBHC Expansion Grant 1 Essential Grant Funded position It 2164) Position addresses critical community need. }�EA(,'TH ; - Hehavioial Neaith Techhidan -27A4 QS .- 4J80/2421 ' ti r" ndo .716 -D D Offered 7/20jYg20 ^App eyed to ante ffe7 I J2 2 - 41 t OR n IG t f Ceptrz O Hoahh Cou d. rart jVo -n - t ri ed. of iNo a uaisin bfi nd "si Ya it ti nCe erh rs. spVl gs grog fir d 4iss pAs ,n 9 - e I tyio ralPd Gn s; -4 iza p nt ou , i a i*Graht Fu dedj £ss ntia q Resolution N 2020- No savings -grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating - HEALTH Behavioral Health Technician (Night Shift) TBD 1.0 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request 050 IMPACTS Grant elimination = loss of OHP revenue 1 Essential Grant Funded HEALTH Behavioral Health Technician (Weekend Night TBD 0.6 6/30/2022 Approved to Open Recruitment 7/22/20- No Open Request Resolution N 2020- IMPACTS Grant No savings -grant funded. Loss of position equals inability to expand Crisis Center hours. Also revenue generating - 1 Essential Grant Funded Shift) 050 elimination =loss of OHP revenue I TBD I 1.0 I 6/30/2022 (Approved to Open Recruitment Open Request ( Resolution 2020. (IMPACTS Grant HEALTH (Peer Support Specialist Page 5 of 7 Position is associated with the Crisis Stabilization Center. No savings if not filled. Will work in conjunction with the CSC, Law Enforcement and courts to attempt to divert individuals with Severe Mental Illness and frequent contacts with law enforcement and jail further involvement with criminal justice system and languishing in the jail. Intent is to provide 1 Essential Grant Funded individuals with intensive support/ treatment to stabilize them, connect them with ongoing treatment and divert them from Aid and Assist caseload (which has increased by 150% in the last 6 months) and criminal justice system. ty Deschutes County List of Vacant Positions as of July 23, 2020 Abbreviations: GF or CGF-Coun H General Funds OHA -Oregon Health Authority OHP -Oregon Health Plan SGF - State Grant Funds Limited FUNDING SOURCE DEPT Job Class Desc Position FTE Duration End RECRUITMENT COMMENTS Days Unfilled CONSEQUENCE/BUSINESS JUSTIFICATION PRIORITY COMMENTS DESCRIPTION Date Business Justification: As stated in the Budget Committee hearings a number of uncertainties exist as to the impact of COVID-19 on the real estate market and new construction. Current indicators show that no, or very little, slow down has occurred. We will monitor closely and in the next quarter or two hopefully will have better indicators on impacts and to the need to fill these two vacant positions. Consequences of not leaving these two positions in the Assessor's FY20/21 budget is the loss of the entire Dept. of Revenue A&T grant with means around a $1 million dollar reduction in these Approx. 80%general fund remainder revenues for this year. The BoCC approved resolution g2020.018 on 4.22-20 where they state in Section 1. County ASSESSOR Property Appraiser II 2584 1 No Open Request 707 primarily from Dept. of Revenue agrees to appropriate the bud budgeted dollars based on 100 gg portent of the expenditures certified in the grant application in i Elected Official Assessment and Taxation Grant the amount of $6,752,896 the total expenditure amount far consideration in the grant. If 100 percent of the expenditures is not appropriated or the county is out of compliance with the laws referred to In the recitals, no grant shall be made to the countyfor the quarter in which the county is out ofcompliance. The Oregon Department of Revenue's acceptance letter restates this requirement and further states Any reduction in the dollar appropriation or any other resource restriction will result in loss ofgrant money. Business Justification: As stated in the Budget Committee hearings a number of uncertainties exist as to the impact of COVID49 on the real estate market and new construction. Current indicators show that no, or very little, slow down has occurred. We will monitor closely and in the next quarter or two hopefully will have better indicators on impacts and to the need to fill these two vacant positions. Consequences of not leaving these two positions in the Assessor's FY20/21. budget is the loss of the entire Dept. of Revenue A&Tgrant with means around a $1 million dollar reduction in these Approx. 806 general fund remainder revenues for this year. The BoCC approved resolution #2020-018 on 4-22-20 where they state in Section 1, County. ASSESSOR Property Data Specialist III 2451 1 On -hold rive to hiring freeze 101 primarily from Dept. of Revenue agrees to appropriate the budgeted dollars based on 100 percent of the expenditures certified in the grant application in 1 Elected Official Assessment and Taxation Grant the amount of$6,752,896 the total expenditure amountfor consideration in the grant lf100percentofthe expenditures is not appropriated or the county is out of compliance with the laws referred to in the recitals, no grantsholl be made to the countyfor the quarter in which the county is out ofcompliance. The Oregon Department of Revenue's acceptance letter restates this requirement and further states Any reduction in the dollar appropriation or any other resource.: restriction will result in loss of grant money. The limited duration position was designed to augment passport work load, provide succession training, and experience. CLERK Admin Support Technician 2705 1 4/1/2022 On -hold due to hiring freeze 41 Passport and Recording Revenues The next couple years the Office expects 4-5 retirements. That is significant considering there are only 9 employees in the - 1 Elected Official Clerk's Office. This position is funded by a grant from the United States Department of Justice's Office of Violence Against Women office. The grant pays in full (PERS, benefits, etc.) for.9 of a full-time FTE investigator who works on crimes of domestic violence. Local law enforcement agencies pay for the remaining.) cost of this 1.0 FTE position. Grant Funded Position This investigator position is one piece of a larger grant award that includes Saving Grace being funded for a .5 FTE pp Investigator 2621 1 SO/30/2021 No Open Request Resignation 2036-WE-AX-0030 position. If the investigator position in the DA's office is not filled, we would be out of compliance with the grant Elected Official 7/24/2020 program and risk losing the Saving Grace position. With two domestic violence murders in Deschutes County this month, now is not the time to reduce services to prevent crimes of domestic violence. Active & In Process Elected Official $D Sergeant, Digital Forensic RECLASS 1.0 s0 Corrections Deputy 27 99 2.0 Active & In Process FY21 ADD Elected Official s0 Detective, Digital Forensics 2748 1.0 Active & In Process FY21 ADD Elected Official SO Mechanic 2747 1.0 No Open Request FY21 ADD Elected Official so Lieutenant 2746 3.0 Hired 7/1/20-Per Sheriff FY21 ADD Elected Official so Deputy Sheriff 2745 1.0 Using existing open recruitment FY21 ADD Elected Official $O Deputy Sheriff 2744 1.0 Using existing open recruitment FY21 ADD Elected Official so Deputy Sheriff 2743 1.0 Using existing open recruitment FY21 ADD Elected Official $O Captain 1087 1.0 Filled with Retiree Rehire Filled through end ofyear s0 Deputy Sheriff 1171 1.0 Active &In Process Resignation New vacancy due to resignation 6 24 2020 $O Corrections Deputy 2694 1.0 6/30/2021 Using existing open recruitment 41 Elected Official s0 Corrections Deputy 2185 1.0 Using existing open recruitment 224 Elected Official s0 Corrections Technician 1270 1.0 Active & In Process 151 Elected Official $O Corrections Technician 1267 1.0 Active & In Process 0 Elected Official s0 Manager,Behavioral Health Pgrm 2175 0.5 No Open Request 743 Elected Official SO Corrections Deputy 1237 1.0 Using existing open recruitment 256 Elected Official so Corrections Deputy 2231 1.0 Using existing open recruitment 151 Elected Official SO Corrections Deputy 1221 1.0 Using existing open recruitment 49 Elected Official sD Corrections Deputy 1211 1.0 Using existing open recruitment 127 Elected Official $D Corrections Deputy 1210 1.0 Using existing open recruitment 224 Elected Official Page 6 of 7 Abbreviations: GF or CGF - County General Funds Deschutes County List of Vacant Positions as of July 23, 2020 OHA- Oregon Health Authority OHP - Oregon Health Plan SGF - State Grant Funds RECRUITMENT COMMENTS Using existing open recruitment Days Unfilled 55 FUNDING SOURCE DESCRIPTION CONSEQUENCE/BUSINESS JUSTIFICATION PRIORITY COMMENTS Elected Official Elected Official DEPT $o Job Class Desc Deputy Sheriff Position 1173 FIFE 1.0 Limited Duration End Date SO Deputy Sheriff 1130 1.0 Using existing open recruitment 49 No Open Request Resignation 7/14/2020 New vacancy due to resignation $O I[ Analyst It 2411 1.0 Using existing open recruitment Resignation 6/30/20 New vacancy due to resignation $O Deputy Sheriff 1168 1.0 Page 7 of 7 CROSSWATER OWNERS ASSOCIATION Spring River Road/Harper Bridge Summer 2020 July 15, 2020 To Ms. Patti Adair, Mr. Anthony DeBone, Mr. Phil Henderson and Mr. Shane Nelson, Deschutes County Commissioners and Sheriff, For many years, owners in the Crosswater community have watched as vehicle and pedestrian traffic at Harper Bridge on Spring River Road has increased exponentially. The increase in usage has resulted in attracting mobile businesses renting river float equipment, disregard for Crosswater private property as more users trespass to launch their watercraft, , blocking of Crosswater's emergency exit gate to Spring River Road as users exceed capacity, and most concerning of all, increased danger to life and limb as the area crosses from high usage to an out -of -control mess. In the brief period from 7/8/2020-7/15/2020, Crosswater owners witnessed: ■ Rafts blowing out of vehicles and across Spring River Road, stopping traffic as several people scrambled across the highway to collect them. ■ Daily parking of vehicles in non -designated parking areas after designated spaces were full, blocking the Emergency Exit Gate to Spring River Road out of Crosswater. • Walking back and forth across the bridge to jump from it into the river. ■ Lack of any masking or social distancing. ■ River users hopping the fence and trespassing in Crosswater to launch their watercraft. ■ River users taking a break and setting up a small picnic on the 131h green of the Crosswater golf course during active play. While the Sheriff's department was seen there on several occasions assisting with the situation, and the addition of flashing speed limit signs is appreciated to slow down traffic through the area, the potential for disaster continues to be very high. The Crosswater Board of Directors feels the lack of constant police presence and the shortcomings of the parking modification plan is placing all river user's safety in jeopardy. The Association does not want to be put in a position of looking back on these communication and concerns expressed repeatedly to the County after a tragedy occurs. Approximately one year ago, the Crosswater Owners' Association reluctantly agreed to grant an easement to Deschutes County to enact the proposed parking plan modifications, though the Board retained concerns for the safety of the general public, outlined in a letter dated April 2, 2019. A copy of the April 2 letter is attached to this one. The Crosswater Board of Directors feels a meeting with the Commissioners and Sheriff, which should also include the General Manager of Sunriver Owner's Association, is warranted to discuss this situation, and strongly urges the County to investigate a safe alternative to the current river access at Harper Bridge. The Board looks forward to a response and affirmation a meeting can be coordinated. Respectfully yours, TlwiCmsswate.Y Boards of D6 rect&rk Ill CROSSWATER OWNERS ASSOCIATION Jumping from Bridge Trespassing on CWOA Property Blocking CWOA Emergency Exit No Masking or social distancing Illegal Parking 'N 9 3 1 1 6 AV N ! j 11 1 N NJ N! I M �3i Dy, A In-, ml CROSSWATER OWNERS ASSOCIATION Spring River Road/Harper Bridge Proposed Parking Modifications Crosswater Board of Director Submitted Comments April 2, 2018 To Tom Anderson, Deschutes County Commissioner: Thanks again for discussing the Harper Bridge issue with the Crosswater Owner Association Board and Owners during our meeting on March 16th. After discussing your current "Planning Basis" for the Harper Bridge launch site -and parking, the Crosswater Owner Association Board of Directors offers the following comments: - We are disappointed that the proposed action does not resolve safety issues surrounding the ongoing public use of the east side of the Spring River Road/Harper Bridge intersection with the Deschutes River. - We are disappointed that no other options other than closure and the "Planning Basis" for modifications will be presented to the County Commissioners as feasible choices. - With no other launch site identified over the years, this launch site with all of its safety issues will, de facto, become permanent unless it is closed. -The plan does not address the safety hazard associated with the public jumping from Harper Bridge directly into the river. Physical barriers on the bridge rails could help mitigate this problem. - While limiting the number of available parking spaces to 40 - 60 will directionally improve safety due to a reduction in the number of people using the area, the access and egress between the Bridge, Spring River Road and parking will continue to be unsafe. In looking at the spacing of the anticipated lanes and paths, it would seem that 2' on each side between the roadway and the bike and buffer/parking zones could be dedicated to a concrete barrier that would prevent pedestrians from entering and crossing Spring River Road randomly along the entire length of the new parking areas. This current random access could well be the crux of the main safety problem and a barrier allowing only an exit at the bridge/river intersection might be a major improvement. -Based on historic "spill over" of the public on to private property and disregard for parking restrictions, the challenge to limit parking to only the new paved sites will be substantial. Participation of law enforcement will be required but it will be the only way to ensure compliance. - When the installation of flashing light crossings/speed humps and other means of signage have been mentioned, comments to the effect that it wouldn't be appropriate here, that there is a difference between city and county roads, etc. were made. Traffic control features of this sort are successfully used in similar situations in Bend. It seems that solutions to improve pedestrian and roadway safety certainly support both a studied answer and recognition that solutions would transcend city/county boundaries. 2031O EM)a)I'd,'EA#ti-NtJF. St.)Ct'EA 103 �'! BEND, (3R[iiGON 377t):i P.;41.3E39.3172 ) F,541.ti &5)2t)4 VIAN-VAJAPERI( NIVIGMT.COM I�1 CROSSWATER OWNERS ASSOCIATION -The plan to continue to use rumble strips on Spring River Road is a continuing concern. In earlier discussions, the County related that the strips would be removed following the installation of long term improvements. We have mentioned that approximately 25% of the Crosswater homesites are along the Spring River Road section of Crosswater and they are subject to the noise disruption associated with rumble strips. With the exception of periodic vacations, four of our five Directors are full time local residents. All but one of the Owner attendees at our recent meeting are full time residents. As mentioned at our meeting, while the current 24/7/365 rumble strip noise being reduced to 24/7 between Memorial Day and Labor Day is an improvement, the noise pollution imposed upon nearby houses and the negative impact on property values remains. In addition, there is concern regarding the possible impact on the bald eagles that have had a nearby nest for many years. It is our understanding that the rumble strips were installed without prior discussions or review with the government agency with oversight (i.e. Federal Fish and Wildlife). The strips are a source of intermittent loud noises from a point well inside the federally established 660' zone of concern during the January - August bald eagle reproductive period for the State of Oregon. BLM specifically restricts such noises in the zone of concern within the forests every year during this reproductive period. As a final point, the Board would prefer discussing the possible acceptance of the needed Slope Easement after we see a firm proposal for the modifications. Looking forward to continued discussions. Respectfully yours, 20310 EMPIRE AVENUE rrE.liTI:: A 103 '% BEND. OREGON iTM C P,6411.:389. �172 1=_.541.618.5204 v VAANV.APE'I�ii0i4tAG 'I'.',',OMl