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2020-364-Minutes for Meeting October 07,2020 Recorded 10/26/2020vTES Co BOARD F COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 01vu Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2020-364 Commissioners' Journal 10/26/2020 10:25:24 AM iiiiiiumiiiuiumuninu FOR RECORDING STAMP ONLY Wednesday, October 7, 2020 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Henderson. 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). Attendance was limited due to 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: Commissioner Henderson addressed an editorial in the Bend Bulletin last week and commented on the headline and gave background specific to the accusations against him. Commissioner Henderson explained his beliefs and his previous statement relative to the China Virus, noting his disappointment with the comments made against him. Commissioner Henderson described the comments as an obvious political attack. Commissioner Adair commented positively on Commissioner Henderson's character and stated that she is supportive of his BOCC MEETING OCTOBER 7, 2020 PAGE 1 OF 8 statement here today. Commissioner Adair hopes that folks in the community remember civility. Commissioner DeBone also commented on the negative impacts associated in some circles with the word "police" and also noted his support of Commissioner Henderson. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner DeBone commented on the Board of Property Tax Appeals and the proposed legislative change to the name of the Board and also pointed out one spelling correction in the minutes of September 23. Commissioners Henderson and DeBone commented on the work of Housing Works. Commissioner Adair pointed out a discussion in the minutes from the meeting of September 16' and what was approved was a site plan which included only one golf course contrary to the public opinion. DEBONE: Move approval of Consent Agenda HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Order No. 2020-056 of Appointing County Residents to Two Pools from which the County Clerk will Select Members of the Board of Property Tax Appeals. 2. Consideration of Board Signature to Thank Wayne Purcell of the Central Oregon Regional Housing Authority Board (Housing Works) 3. Consideration of Board Signature to Reappoint John Roberts to the Central Oregon Regional Housing Authority Board (Housing Works) 4. Consideration of Board Signature to Appoint Melissa Valadez to the Central Oregon Regional Housing Authority Board (Housing Works) 5. Approval of Minutes of the September 16, 2020 BOCC Meeting 6. Approval of Minutes of the September 21, 2020 BOCC Meeting 7. Approval of Minutes of the September 23, 2020 BOCC Meeting BOCC MEETING OCTOBER 7, 2020 PAGE 2 OF 8 ACTION ITEMS: 8. Consideration of Chair Signature of Document No. 2020-576, Notice of Intent to Award Contract for the Tumalo Road/Tumalo PI Intersection Improvement Project to Marcum and Sons LLC County Engineer Cody Smith (via Zoom conference call) presented the item for consideration. Six bids were received for the project. The lowest qualified bidder was Marcum and Sons, LLC. The work on the project is anticipated for this fall and is estimated to be completed by June 30, 2021. DEBONE: Move approval of Document No. 2020-576 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 9. COVID19 Update Public Health Director Nahad Sadr-Azodi (via Zoom conference call) presented the COVID19 Update. Presentation is attached to the record. The Board commented on the various issues that are facing our community. Commissioner DeBone requested the next update include a medical explanation of the virus and how it presents as a reminder. Dr. Richard Fawcett (via Zoom conference call) presented an update on the number of positive cases and tests. Dr. George Conway (via Zoom conference call) presented a report on the BinaxNOW applications in Oregon. Presentation is attached to the record. 10.CARES Act Funding Update Chief Financial Officer Greg Munn (via Zoom conference call) presented the BOCC MEETING OCTOBER 7, 2020 PAGE 3 OF 8 update on the Coronavirus Relief Fund allocation worksheet. Scott Cooper, Neighborlmpact (via Zoom conference call) presented information on the request for funding for the proposed warehouse expansion to support the COVID response for the regional food system program. Chamber of Commerce representatives: Judy Trego, Sisters Chamber; Ann Gawith, La Pine Chamber; and Kent Elliott, Sunriver Chamber were present to report on their funding requests. HENDERSON: Move approval of allocating the current remainder of CARES Act Funding of $246,843 be split by $120,000 to the Deschutes County Rural Chambers of Commerce and for $126,843 to be allocated to Neighborlmpact for the regional food system warehouse expansion. DEBONE: Second Discussion: Commissioner DeBone suggested the Chambers conduct an outreach with the community businesses and asking for input and extending information on available resources. VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried DEBONE: Move approval of the request of Neighborlmpact to move the $100,000 previously granted for the regional COVID isolation shelter (motel) to the emergency winter shelter facility. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried RECESS At the time of 12:15 p.m. the Board took a recess and the meeting BOCC MEETING OCTOBER 7, 2020 PAGE 4 OF 8 was reconvened at 1:03 p.m. 11. Preparing for the 2021 Legislative Session Discussion Communications Director Whitney Hale presented a list of legislative concepts that are of interest to Deschutes County departments. Departments were available via Zoom call. Barrett Flesh, Holly Harris, and Molly Wells Darling (via Zoom) presented priorities of Behavioral Health. Tom Kuhn, Nahad Sadr-Azodi, and Dr. George Conway (via Zoom) presented the priorities of Public Health. Ms. Hale reported on the priorities on behalf of the Clerk's Office. Community Development Department Director Nick Lelack presented the priorities of CDD. Facilities Director Lee Randall (via Zoom) presented items of priority would be those that may impact county facilities. Community Justice Director Ken Hales (via Zoom) presented priorities that would impact the department. Ms. Hale and County Administrator Anderson reported on a draft bill regarding transient lodging tax. Legislative Priorities will be brought back to the BOCC in November. 12.Consideration of Board Signature of Document No. 2020-645, Termination of Improvement Agreement Community Development Department Planner Will Groves along with legal representative for the developer, Laura Craska Cooper, Brix Law, presented (via Zoom conference call). BOCC MEETING OCTOBER 7, 2020 PAGE 5 OF 8 DEBONE: Move approval of Document No. 2020-645 HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 13.Consideration of Board Signature of Resolution No. 2020-065, Support of the Proposed South Redmond US 97 TIF Plan (Urban Renewal) County Administrator Anderson presented the Resolution as a follow-up to a prior BOCC meeting discussion. Sheriff Shane Nelson (via telephone call) presented input based on the City's request of the urban renewal and has no disagreements but doesn't believe the ORS is meant for these types of statutes and feels the voter's should have a say in this decision. Commissioner DeBone commented he supports the concept but doesn't feel Deschutes County needs to provide support for Redmond to proceed. Commissioners Henderson and Adair expressed suppo� L VI Ll IC RCJVIUIIVI I. HENDERSON: Move approval of Resolution No. 2020-065 ADAIR: Second VOTE: HENDERSON: Yes DEBONE: No ADAIR: Chair votes yes. Motion Carried 14.DLCD Technical Assistance Grant / Progress Report Community Development Department Director Nick Lelack presented this item along with Planner Tanya Saltzman (via Zoom). Mr. Lelack reported on the plans for options to gather public input. A survey would cost approximately $7,000 that may present additional methods of public perspective. The goal is to complete the public outreach by mid -December. Commissioner Henderson offered to assist with the public outreach. BOCC MEETING OCTOBER 7, 2020 PAGE 6 OF 8 Commissioner DeBone suggested including water in the research for impacts to wildlife. 15.State of the County Presentation Communications Director Whitney Hale presented a draft outline for the content of presentation for the upcoming State of the County Address. The Board made recommendations for revision. The Chamber presentations will be conducted virtually. RECESS: At the time of 2:47 p.m., the Board went into recess and reconvened the meeting at 2:56 p.m. 16. FY21 Q2 Discretionary Grant Review: This item was deferred to the meeting of October 14. OTHER ITEMS: • Facility Project Review Committee consideration will be included on the BOCC meeting of October 14. The Board suggested the candidate recommendation be brought back as 7 candidates with 2 as alternates. • Commissioner Henderson introduced the Deschutes Basin Water Collaborative bylaws for review to be discussed later. COMMISSIONER UPDATES: None presented BOCC MEETING OCTOBER 7, 2020 PAGE 7 OF 8 EXECUTIVE SESSION: At the time of 3:04 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 3:33 p.m. At the time of 3:34 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property. The Board came out of Executive Session at 4:00 p.m. Being no further items to come before the Board, the meeting was adjourned at 4:00 p.m. DATED this ( Day of 2020 for the Deschutes County Board of Commissioners. ATTI A AI , CHAIR ANTHONY E NE, VICE CHAIR PHILIP G. HENDERSON, COMMISSIONER BOCC MEETING OCTOBER i, 2020 PAGE 8 OF 8 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, OCTOBER 7, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www. deschutes. org/meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. 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 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been conducted primarily 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/meetings. In Person Attendance: Limited due to Virus restrictions. Please contact Sharon Keith at sharon.keith@deschutes.org prior to the meeting to request in person attendance. 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: citizeninput@deschutes.org 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 Board of Commissioners BOCC Meeting Agenda Wednesday, October 7, 2020 Page 1 of 4 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 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 citizen input 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 Order No. 2020-056 of Appointing County Residents to Two Pools from which the County Clerk will Select Members of the Board of Property --" Aprnealc 2. Consideration of Board Signature to Thank Wayne Purcell of the Central Oregon Regional Housing Authority Board (Housing Works) 3. Consideration of Board Signature to Reappoint John Roberts to the Central Oregon Regional Housing Authority Board (Housing Works) 4. Consideration of Board Signature to Appoint Melissa Valadez to the Central Oregon Regional Housing Authority Board (Housing Works) 5. Approval of Minutes of the September 16 2020 BOCC Meeting 6. Approval of Minutes of the September 21 2020 BOCC Meeting 7. Approval of Minutes of the September 23 2020 BOCC Meeting ACTION ITEMS Board of Commissioners BOCC Meeting Agenda Wednesday, October 7, 2020 Page 2 of 4 8. 10:05 AM Consideration of Chair Signature of Document No 2020-576, Notice of Intent to Award Contract for the Tumalo Rd/ Tumalo PI Intersection Improvement Project to Marcum and Sons LLC - Cody Smith, County Engineer 9. 10:15 AM COVID19 Update 10. 10:45 AM CARES Act Funding Update 11. 11:00 AM Preparing for the 2021 Legislative Session Discussion - Whitney Hale, Communications Director LUNCH RECESS 12. 1:00 PM Consideration of Board Signature of Document No. 2020-645, Termination of Improvement Agreement - William Groves, Senior Planner 13. 1:10 PM Consideration of Board Signature of Resolution No 2020-065, Support of the Proposed South Redmond US 97 TIF Plan (Urban Renewal) - Tom Anderson, County Administrator 14. 1:30 PM 15. 1:45 PM 16. 2:00 PM OTHER ITEMS DLCD Technical Assistance Grant / Progress Report - Nick Lelack, Community Development Director State of the County Presentation - Whitney Hale, Communications Director FY21 Q2 Discretionary Grant Review - Laura Skundrick, Administrative Analyst 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. Board of Commissioners BOCC Meeting Agenda Wednesday, October 7, 2020 Page 3 of 4 Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 17. Executive Session under ORS 192.660 (2) (e) Real Property ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetin 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 (541) 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 388-6S72.) 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'.. c O O. 0 0 0 C O C O C C c Ln , Lf) v o o N U u u _ p > U n E Y - o m m (u E 0 L •a/ a) a) — Z O N h EL Y Of u '.. a) o v cu '.. C — O N N0 :' it ., C Y U i A m > U •Y U CU () m, Jam, aJ o L p G m : G a) ' O. U C a1 [ > 0 c GO V E N `1 O u c a m nN U -o O f o m - 0-:.U to w :,, V) CC Vi ', d ...4 (—. M d co u u U u L O c a) X LU 0 OQ n V) c (U a) N �' aJ m, = • GO . c w U L LL Y > 0 Y o C Uc-I 'Ip N a) u CC6 G a1 u O t N u 01 C O O 01 O cu 0 a, O @ Q'U O 00 C T N N U C O � N � 2 .6 O GJ Q. > Q O O_ N m QI U U n O CO s o f0 O M UO O O O 00 C i O N L'1 N 00 m 00 On LO V1 a 0 4 o M , N M 00 m oN ai N C C R � V U C C � �0 10 = I [O � V X LU I 0 V v C m F NeighborImpact Supporting People, Strengthening Communities. October 2, 2020 Deschutes County Board of Commissioners PO Box 6005 Attn: BoCC Bend, OR 97708-6005 Dear Commissioners Adair, DeBone and Henderson: Thank you for your critical investments to date to support COVID response. Your additional considerations of the following projects would be much appreciated. Supporting the regional food system NeighborImpact is grateful for the previous funding provided from CARES Act resources to support the recovery of Deschutes County residents from the depredations of COVID. We are making excellent progress on getting the funding out the door and are very comfortable in saying that all funding will be distributed to low - and moderate -income households well in advance of the December 30, deadline. In reviewing Greg Munn's report of initial expenditure last week, I noticed that there are still funds remaining. Currently, NeighborImpact is engaged in another COVID response -related project which will be delivered prior to December 30 and which could benefit from allocation of remaining CARES funds. Pre -pandemic, NeighborImpact was feeding approximately 24,000 household monthly out of the regional food warehouse, which was built at the Redmond Campus in 1992. The warehouse gathers food from local groceries and food drives and take deliveries from Oregon Food Bank and Feeding America (which redistributes USDA commodities.) This food is redistributed through 58 partner agencies who deliver 2303 SW First Street Redmond, OR 97756 • te1541.548.2380 • fax 541.548.6013 • www.neighborimpagt.org. United Way e - of Deschutes County DREGO h fObD BAHP Neighboi r6- CHARTERED MEMBER If you require accommodation for impairment, disability, language barrier, etc., please contact NeighborImpact at 541-548-2380 or email: reception@ncighborimpact.org food through pantries, shelters, emergency food box distributions, congregate meal sites and our mobile food pantry. As you can imagine, on any given day, the warehouse is a hive of activity! We were struggling pre -pandemic with inadequate space. Even before the uptick in volume, our food warehouse stored and distributed more food per Sn -qre foot for its size than any food program in Oregon: have moved 1.7 million additional pounds of food from March through August of this year alone. That is a 57 percent increase over all of last year! Post -pandemic, we are continuing to feed 32,000 people monthly. Our use of volunteers has increased 53 percent over last year as we have had to repackage bulk - - food into household -sized boxes. For health reasons, the crowded warehouse is inadequate to allow social -distancing ofvolunteers and to handle the volumes being received on delivery days. In addition, the number of semi -trucks bring weekly ueu`v'eriea Ilan r,rowil vy Iv Lo [.v auuiL1011al pallVLJ of WO weekly, and our ex1JLIlIg pavement is inadequate to allow trucks to safely turn around and maneuver around the loading zone and adjacent Head Start Center. We initially responded to this problem by commandeering a vacant Head Start - - classroom building thatsitsadjacent-to-the warehouse, which was vacated by the declaration of emergency and school_ closure. however, with the planning resumption_ _ of Trlead Start this fall, that building can no'longer be used. At present, we are operating in overflow tents pitched in the parking lot adjacent to the warehouse. This «/ill not vvnrlr nC \E/inti-r QPtQ in Tt;c time to AAArAao fk,s ;orni� r fflnp ivsnilnn..n4o—na-o1ln — «Io 1, 9 v 1-11 A ..4 . .-+4 auav w uuul voo Lll 10JL%, val L111N 111AMIL M, VVa1L,11VLISt— YV V llaV%, 100Keu aL ILAILlllg or purchasing additional industrial space; however, the installation of emergency backup systems, the connected coolers and freezers, and the extensive nIIlmbing and dishwashing facilities that allow us to meet USDA hygiene standards for food handling do not lend themselves to relocation. To address the overflow problem, we are moving ahead with a multi -phase expansion. Phase I is estimated at $397,000 and involves extending the existing paving apron south of the current warehouse to create a new loading/unloading/staging area. We will also be added a 60x40 hard -sided "tent" where repack will occur. Future phases include extension of the existing warehouse, enclosure of our freezer and coolers to meet new health codes and construction of a new designated travel path for arriving semis. The tent structure will be converted to parking for food trucks at that time, but this interim improvement is critical to being able to continue to meet the community's nutrition needs for the rest of this year. Of the project's $397,000 budget, we have $197,000 unrestricted COVID-19 funds in hand. If no other funding can be found, NeighborImpact is prepared to cover the cost of the tent purchase out its capital reserves. The project is that important; however, if the $200,000 in CARES Act funds could be allocated to this project it will help us preserve capital which can then be applied to "float" that speeds up the distribution of rent and energy assistance because we don't have slow down payments while we wait for reimbursement to arrive. Your support of the warehouse expansion project will provide immediate relief to hunger in the region, solve a challenge created by COVID and is easily deliverable by December 30. (The tent can be delivered and operating within three weeks of being ordered.) Your generous grant of $200,000 would be very timely, appropriate and useful in responding to the ongoing challenges of COVID19. Fund Swap The Commissioners were generous in granting $100,000 to support winter shelter planning in Central Oregon. Winter shelter supports the general population of houseless individuals and is separate from the regional COVID isolation shelter. The regional COVID isolation shelter has been funded by NeighborImpact, utilizing first -round Emergency Solutions Grant CARES Act funding (ESG-CV 1). This funding stream differs from the county -controlled CARES Act funding in that ESG- CV 1 does not nee to be expended until Sept. 30, 2022. Because the winter shelter season extends from mid -November through the end of March and sometimes into April, it makes sense to do a "fund swap" and replace $100,000 in ESG-CV 1 funding spent on the shelter to date with the funding allocated to Winter Shelter. This will return $100,000 to NeighborImpact, which NeighborImpact will contribute to the regional winter shelter budget. This will ensure timely expenditure of the $100,000 in Deschutes -county controlled funding and create flexibility to program winter shelter across the winter season. The net effect on either the isolation shelter budget or the winter shelter budget is zero as the funds are simply replacing each other. This accounting maneuver, however, will maximize the region's ability to be flexible in planning winter shelter and ensure that Deschutes County funds are spent out timely. We hope you will agree to this common-sense solution to a timing issue. Thank you for your ongoing support and consideration. Sincerely, Scott Cooper, Executive Director Neighuorlrnpact 4 Fe&fdNewb MCaunW Oregon of Commerce & Visk Center To the Deschutes County Commissioners: 5UNRIVER AREA Chamber of Commerce The Sisters, Sunriver and La Pine mission is to assist small business in our rural communities. We are in a unique position to help our local businesses in the rural part of Deschutes County with resources, education and available grant/loan funding currently available through the federal, state, and local funding sources. The value of our Chamber's is our ability to be the first -line service providers for information, saving time and resources at the county and statewide levels. We have been working since March to assist our members and our communities get through the COVID-19 crisis together. Unfortunately, most of the funding sources for COVID-19 are for businesses and 501(c)3 organizations. Sisters, Sunriver and La Pine Chambers are all 501(c)6 -organ �izations and are not eligible for these funding streams. We all have experienced a loss of revenue due to membership non -renewals, decreases in TRT, loss of revenue from events and our promotional materials. We have been working diligently to help our businesses and are grateful to be able to assist. Due to the economic turmoil caused by the pandemic these funds will be used to publicize the resumption of activities in a safe manner, the funds are not accounted for in state or local government budgets and will be expended by December 2020. To be able to continue to be as effective as possible, and allow us to continue to be efficient and agile in publicizing the resumption of our activities we are requesting a $120,000 grant to be divided equally between our three rural Deschutes County Chambers of Commerce. We appreciate your consideration of our request during this difficult time. Warm Regards, jU OAJ JWXr dn' ��A 5Ce"a 6MOU AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of October 7, 2020 DATE: September 29, 2020 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Preparing for the 2021 Legislative Session BACKGROUND AND POLICY IMPLICATIONS: During the Board's discussion with PacWest on Sept. 28, commissioners indicated an interest in beginning discussions about potential legislative priorities for the 2021 legislative session. Staff would like to discuss Commissioner priorities and review potential legislative priorities and concepts submitted by Departments. Department staff will be available via Zoom to provide feedback to the BOCC as requested. ATTENDANCE: Whitney Hale, Communications Director; Laura Skundrick, Administrative Analyst LC 878 2021 Regular Session 9/22/20 (ASD/ps) D RAF T Authorizes unit of local government to use net revenue from new or in- creased transient lodging tax to fund public police, fire and search and res- cue services related to effects of tourism on city or county. Adjusts percentages of other permissible uses of such net revenue. Takes effect on 91st day following adjournment sine die. 1 A BILL FOR AN ACT 2 Relating to local transient lodging taxes; creating new provisions; amending 3 ORS 320.300, 320.305, 320.350 and 320.360; and prescribing an effective 4 date. 5 Be It Enacted by the People of the State of Oregon: 6 SECTION 1. ORS 320.350 is amended to read: 7 320.350. (1) A unit of local government that did not impose a local tran- 8 sient lodging tax on July 1, 2003, may not impose a local transient lodging 9 tax on or after July 2, 2003, unless the imposition of the local transient 10 lodging tax was approved on or before July 1, 2003. 11 (2) A unit of local government that imposed a local transient lodging tax 12 on July 1, 2003, may not increase the rate of the local transient lodging tax 13 on or after July 2, 2003, to a rate that is greater than the rate in effect on 14 July 1, 2003, unless the increase was approved on or before July 1, 2003. 15 (3) A unit of local government that imposed a local transient lodging tax 16 on July 1, 2003, may not decrease the percentage of total local transient 17 lodging tax revenues that are actually expended to fund tourism promotion 18 or tourism -related facilities on or after July 2, 2003. A unit of local govern- 19 ment that agreed, on or before July 1, 2003, to increase the percentage of NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 878 9/22/20 1 total local transient lodging tax revenues that are to be expended to fund 2 tourism promotion or tourism -related facilities, must increase the percentage 3 as agreed. 4 (4) Notwithstanding subsections (1) and (2) of this section, a unit of local 5 government that is financing debt with local transient lodging tax revenues 6 on November 26, 2003, must continue to finance the debt until the retirement 7 of the debt, including any refinancing of that debt. If the tax is not otherwise 8 permitted under subsection (1) or (2) of this section, at the time of the debt 9 retirement: 10 (a) The local transient lodging tax revenue that financed the debt shall 11 be used as provided in subsection (5) of this section; or 12 (b) The unit of local government shall thereafter eliminate the new tax 13 or increase in tax otherwise described in subsection (1) or (2) of this section. 14 (5) Subsections (1) and (2) of this section do not apply to a new or in- 15 creased local transient lodging tax if all of the net revenue from the new or 16 increased tax, following reductions attributed to collection reimbursement 17 charges, is used consistently with subsection (6) of this section to: 18 (a) Fund tourism promotion or tourism -related facilities; 19 (b) Fund city or county services; [or] 20 (c) Fund public safety services related to the effects of tourism on 21 a city or county; or 22 (d) Finance or refinance the debt of tourism -related facilities and pay 23 reasonable administrative costs incurred in financing or refinancing that 24 debt, provided that: 25 (A) The net revenue may be used for administrative costs only if the unit 26 of local government provides a collection reimbursement charge; and 27 (B) Upon retirement of the debt, the unit of local government reduces the 28 tax by the amount by which the tax was increased to finance or refinance 29 the debt. 30 (6)(a) At least [70] 20 percent of net revenue from a new or increased lo- 31 cal transient lodging tax shall be used for the [purposes] purpose described [2] LC 878 9/22/20 1 in subsection (5)(a) [or (01 of this section. 2 (b) No more than 30 percent of net revenue from a new or increased local 3 transient lodging tax may be used for the purpose described in subsection 4 (5)(b) of this section. 5 (c) No more than 50 percent of net revenue from a new or increased 6 local transient lodging tax may be used for the purposes described in 7 subsection (5)(c) or (d) of this section. 8 SECTION 2. ORS 320.300 is amended to read: 9 320.300. As used in ORS 320.300 to 320.365: 10 (1) "Collection reimbursement charge" means the amount a transient 11 lodging tax collector may retain as reimbursement for the costs incurred by 12 the transient lodging tax collector in collecting and reporting a transient 13 lodging tax and in maintaining transient lodging tax records. 14 (2) "Conference center" means a facility that: 15 (a) Is owned or partially owned by a unit of local government, a govern- 16 mental agency or a nonprofit organization; and 17 (b) Meets the current membership criteria of the International Associ- 18 ation of Conference Centers. 19 (3) "Convention center" means a new or improved facility that: 20 (a) Is capable of attracting and accommodating conventions and trade 21 shows from international, national and regional markets requiring exhibition 22 space, ballroom space, meeting rooms and any other associated space, in- 23 cluding without limitation banquet facilities, loading areas and lobby and 24 registration areas; 25 (b) Has a total meeting room and ballroom space between one-third and 26 one-half of the total size of the center's exhibition space; 27 (c) Generates a majority of its business income from tourists; 28 (d) Has a room -block relationship with the local lodging industry; and 29 (e) Is owned by a unit of local government, a governmental agency or a 3o nonprofit organization. 31 (4) "Local transient lodging tax" means a tax imposed by a unit of local [31 LC 878 9/22/20 1 government on the sale, service or furnishing of transient lodging. 2 (5) "Public safety services" means police, fire and search and rescue 3 services. 4 [(5)] (6) "State transient lodging tax" means the tax imposed under ORS 5 320.305. 6 [(6)] (7) "Tourism" means economic activity resulting from tourists. 7 [(7)] (8) "Tourism promotion" means any of the following activities: 8 (a) Advertising, publicizing or distributing information for the purpose 9 of attracting and welcoming tourists; 10 (b) Conducting strategic planning and research necessary to stimulate 11 future tourism development; 12 (c) Operating tourism promotion agencies; and 13 (d) Marketing special events and festivals designed to attract tourists. 14 [(8)] (9) "Tourism promotion agency" includes: 15 (a) An incorporated nonprofit organization or governmental unit that is 16 responsible for the tourism promotion of a destination on a year-round basis. 17 (b) A nonprofit entity that manages tourism -related economic development 18 plans, programs and projects. 19 (c) A regional or statewide association that represents entities that rely 20 on tourism -related business for more than 50 percent of their total income. 21 [(9)] (10) "Tourism -related facility" means: 22 (a) A conference center, convention center or visitor information center; 23 and 24 (b) Other improved real property that has a useful life of 10 or more years 25 and has a substantial purpose of supporting tourism or accommodating 26 tourist activities. 27 [(10)] (11) "Tourist" means a person who, for business, pleasure, recre- 28 ation or participation in events related to the arts, heritage or culture, 29 travels from the community in which that person is a resident to a different 30 community that is separate, distinct from and unrelated to the person's 31 community of residence, and that trip: [4] LC 878 9/22/20 1 (a) Requires the person to travel more than 50 miles from the community 2 of residence; or 3 (b) Includes an overnight stay. 4 [(11)] (12) "Transient lodging" means: 5 (a) Hotel, motel and inn dwelling units that are used for temporary 6 overnight human occupancy; 7 (b) Spaces used for parking recreational vehicles or erecting tents during 8 periods of human occupancy; or 9 (c) Houses, cabins, condominiums, apartment units or other dwelling 10 units, or portions of any of these dwelling units, that are used for temporary 11 human occupancy. 12 [(12)] (13) "Transient lodging intermediary" means a person other than a 13 transient lodging provider that facilitates the retail sale of transient lodging 14 and: 15 (a) Charges for occupancy of the transient lodging; 16 (b) Collects the consideration charged for occupancy of the transient 17 lodging; or 18 (c) Receives a fee or commission and requires the transient lodging pro- 19 vider to use a specified third -party entity to collect the consideration 20 charged for occupancy of the transient lodging. 21 [(13)] (14) "Transient lodging provider" means a person that furnishes 22 transient lodging. 23 [(14)] (15) "Transient lodging tax collector" means a transient lodging 24 provider or a transient lodging intermediary. 25 [(15)] (16) "Unit of local government" has the meaning given that term 26 in ORS 190.003. 27 [(16)] (17) "Visitor information center" means a building, or a portion of 28 a building, the main purpose of which is to distribute or disseminate infor- 29 mation to tourists. 30 SECTION 3. ORS 320.305 is amended to read: 31 320.305. (1)(a) A tax of 1.5 percent is imposed on any consideration [51 LC 878 9/22/20 1 charged for the sale, service or furnishing of transient lodging. 2 (b)(A) The tax must be computed on the total retail price, including all 3 charges other than taxes, paid by a person for occupancy of the transient 4 lodging. 5 (B) The total retail price paid by a person for occupancy of transient 6 lodging that is part of a travel package may be determined by reasonable and 7 verifiable standards from books and records kept in the ordinary course of 8 the transient lodging tax collector's business. 9 (2) The tax imposed under this section becomes due when the occupancy 10 of the transient lodging with respect to which the tax is imposed ends. 11 (3)(a) The tax shall be collected by the transient lodging provider or 12 transient lodging intermediary that collects the consideration charged for 13 occupancy of the transient lodging, or a transient lodging intermediary de- 14 scribed in ORS 320.300 [(12)(0] (13)(c), as applicable. 15 (b) The transient lodging tax collector may withhold a collection re- 16 imbursement charge of five percent of the amount collected under this sub- 17 section. 18 (4) The tax imposed under this section is in addition to and not in lieu 19 of any local transient lodging tax. 20 SECTION 4. ORS 320.360 is amended to read: 21 320.360. (1) The transient lodging provider or transient lodging interme- 22 diary that collects the consideration charged for occupancy of transient 23 lodging, or a transient lodging intermediary described in ORS 320.300 24 [(12)(c)] (13)(c), as applicable, is responsible for collecting any local transient 25 lodging tax and shall file a return of the tax with the unit of local govern- 26 ment that imposes the tax, or with any tax administrator identified by the 27 unit of local government, reporting the amount of tax due with respect to 28 all occupancy of transient lodging that ended during the reporting period to 29 which the return relates. 30 (2) Returns shall be filed on or before the deadline fixed by the unit of 31 local government for filing returns and shall be made under penalties for [6] LC 878 9/22/20 1 false swearing. 2 (3) When a return is required under this section, the transient lodging tax 3 collector required to file the return shall remit the tax due to the unit of 4 local government at the time fixed for filing returns. 5 (4) This section applies to a transient lodging tax collector unless a 6 charter provision or ordinance or resolution of the unit of local government, 7 or an agreement entered into between the transient lodging tax collector and 8 the unit of local government, provides otherwise. 9 SECTION 5. ORS 320.355 and 320.360 are added to and made a part 10 of ORS 320.345 to 320.365. 11 SECTION 6. (1) The amendments to ORS 320.300 and 320.350 by 12 sections 1 and 2 of this 2021 Act apply to net revenue from a new or 13 increased local transient lodging tax that becomes due as provided in 14 ORS 320.355 (2) on or after the effective date of this 2021 Act. 15 (2) Notwithstanding the applicability date set forth in subsection (1) 16 of this section, a unit of local government may not change the per- 17 centage of net revenue dedicated to the uses described in ORS 320.350 18 (5)(c), as in effect on the day immediately preceding the effective date 19 of this 2021 Act, as long as debt that is described in ORS 320.350 (5)(c), 20 as in effect on the day immediately preceding the effective date of this 21 2021 Act, and that was contracted before the effective date of this 2021 22 Act remains outstanding. 23 SECTION 7. This 2021 Act takes effect on the 91st day after the date 24 on which the 2021 regular session of the Eighty-first Legislative As- 25 sembly adjourns sine die. 26 [71 Potential 2021 Legislative Priorities • Exploring Urban Renewal Changes • Non -Prime Resource Lands • Rural ADUs • TRT Modifications (LC 878) Behavioral Health (in order of priority) 1. POP 409 Community BH Services - increases capacity for community mental health, continues funding for CCBHCs, increases BH workforce 2. POP 412 Aid & Assist - provides revenue to cover the additional service expectations and housing requirements for a growing Aid & Assist population 3. POP 406 Children's Mobile Crisis - funds mobile crisis and stabilization services specific to children and youth 4. POP 415 415 SRTF at Junction City - increases inpatient psychiatric beds in Oregon 5. POP 410 BH Electronic Records Public Health 1. Public Health Modernization (SB 253 in 2019) - This policy package supports implementation of key public health programs in state, local and tribal Public Health health authorities and communities and creates mechanisms for increased accountability for equitable health outcomes. Not funding this policy package risks OHA's ability to ensure basic public health protections guaranteed in statute are available to every person in Oregon and challenges OHA in continuing to meet the deliverables and timelines prescribed in House Bill 3100 (2015). 2. Tobacco Retail Licensure (Legislative Concept 2) - This policy package would establish a strong statewide licensing system for retailers that sell tobacco products and inhalant delivery systems. It would equip OHA-PHD with new tools to educate retailers about tobacco laws, and - critically =,to hold tobacco retailers that sell tobacco illegally accountable. Without statewide tobacco retail licensure, Oregon cannot robustly enforce tobacco laws such as the minimum legal sales age. - 3. Beer, Wine, and Cider Tax (Legislative Concept 11) - This policy package would increase the tax on beer, wine, and cider by an amount yet to be determined. The additional revenues generated by the tax would be primarily used to address behavioral health, including substance use disorder prevention and treatment. 4. Of interest, if pursued: a. Constrain of non -medical exemptions (was HB 3063) - would be high priority b. Support or assisting with emerging COVID-19 immunizations -would be high priority Clerk's Office 1. Elections: Allowing clerks to process ballots as soon as signatures have been verified (instead of waiting until the week before). LC 1199 2. Elections: Clarifying language allowing clerks to ask the SOS for permission to not use a secrecy sleeve/envelope if other measures are taken. LC 1201 3. Recording: More flexibility in hours of operation. LC 1200 4. Recording: Exempting death certificates from the housing fee imposed on recorded documents. LC 1202 5. Recording: Changing the name of the Board of Property Tax Appeals (BOPTA) to something that makes sense, namely the Property Values Appeals Board (PVAB). LC 1203 Community Development 1. Rural ADUs 2. Land Use and Wildfire Policy Committee (from 2020 Legislative Session HB 4054A) 3. Split -Zoned Parcel Partitions 4. Wildfire Recovery - Streamlined Process to Replace Dwellings/Structures Destroyed by Fires 5. Wildfire Hazard Areas - New Development (TBD) Facilities (items of interest, no specific priorities) 1. Funding for Courthouses. (Funding would need to be through direct state budget appropriations. There was a change to state law that allows State bond funds to be used to expand a courthouse, however, these can only be used for seismic upgrades.) 2. Funding for additional judges 3. Changes to public procurement law 4. Energy code mandates from the state Finance (item of interest, no specific items this session) 1. PERS Community justice 1. "DV bill' (no bill number or LC number yet) - would create new misdemeanor domestic violence crime classification and for persons convicted of that crime to be counted in the community corrections funding formula. (Anticipates OAC to support the bill, no down side for counties) 2. Bill will aim to remove all fees on juveniles in the juvenile justice system. (No bill or LC number yet) To include court fees and child support that OYA/DHS charges families when a youth is committed. (OJDDA supports this) Human Resources (item of interest) 1. PERS 2. Changes to Employment/Labor rules and definitions 3. Health Plan requirements 4. Protected leave requirements, specifically updates/changes/extensions to the FFCRA (Emergency Paid Sick Leave and Emergency FMLA) AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of October 7, 2020 DATE: October 1, 2020 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: DLCD Technical Assistance Grant / Progress Report C. MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager Tanya Saltzman, AICP, Associate Planner DATE: October 1, 2020 SUBJECT: DLCD Technical Assistance Grant / Progress Report Staff is providing the Board of County Commissioners (Board) with a status update regarding the two tasks comprising the Department of Land Conservation and Development (DLCD) Technical Assistance (TA) Grant. 1. Background Deschutes County received an 18-month DLCD TA grant to: 1. Incorporate Wildfire Mitigation Advisory Committee (WMAC) recommendations into the Comprehensive Plan and development code; and 2. Begin updating Goal 5 wildlife habitat inventories. This TA Grant provides a basis for the County to evaluate rural growth and development through a multi -faceted lens, taking into consideration its effect on resource lands, wildlife, natural hazards, economic development, housing, transportation, public facilities, and rural communities. Staff structured the grant tasks so that they will give Deschutes County the resources to evaluate land use interrelationships as part of a future Comprehensive Plan update. County staff can then engage residents and stakeholders in a separate, multi -year public process to update the Comprehensive Plan holistically. II. Wildfire Mitigation Update A. Project Scope Last year, the Board discussed approaches to updating the Wildfire Hazard Zone (WHZ) / Map and potential building and land use standards to mitigate wildfire hazards and improve wildfire safety. Ultimately, the Board established a WMAC to provide recommendations.' The WMAC, which consisted of 12 voting members, held meetings from October 2019 to January 2020. A draft WMAC report was provided to the Board and the Planning Commission on February 13, 2020 and a final report on April 17, 2020.2 B. Community Outreach Staff is preparing for two months of community engagement tentatively set to start on October 15. Recognizing the importance of social distancing in light of COVID-19, it will likely consist of the following: • Communications Plan. Staff will use press releases, social media, the department's electronic newsletter and the NextDoor to announce a project website, ArcGIS StoryMap (interactive web -based maps with text and photos) and an online survey to understand the public's support to adopt building codes (R327.4) and defensible space standards for rural housing. • Open Houses. The Planning Commission will conduct two virtual open houses on October 21 and November 19. The October 21 open house will be livestreamed on Facebook. • Statistically Valid Survey. Staff is currently exploring the cost of a survey to obtain statistically valid input from Deschutes County residents. C. Timeline The public outreach campaign is anticipated to occur from October 15 to December 18. Afterwards, staff will prepare a report for the Board summarizing the community input and providing options for next steps. III. Wildlife Inventory Update A. Project Scope Under this task, staff will evaluate updated data for wildlife inventories from the Oregon Department of Fish and Wildlife (ODFW) and potentially federal land management agencies to ' The WMAC was charged to undertake the following objectives: 1. Recommend an updated Wildfire Hazard Zone based on the Oregon Department of Forestry's criteria in Oregon Administrative Rules (OAR) 629-044-0200 (weather, slope, fuel hazard, fuel distribution); 2. Review and recommend whether and how to apply the Oregon Building Codes Division's updated Wildfire Hazard Mitigation standards, i.e., ORSC - R327, in areas under Deschutes County's building jurisdiction; and 3. Review and recommend whether and where to propose new land use regulations based on the University of Oregon's Community Service Center audit of Deschutes County Code and best practices from other jurisdictions. Z The report was finalized on April 17, 2020. https://www.deschutes.org/cd/page/wildfire-mitigation-advisory committee. -2- implement the procedures and requirements for complying with Goal 5 (Oregon Administrative Rule 660, Division 23). This will entail engaging ODFW and a DLCD Goal 5 Coordinator to mutually understand the methodology of the agency's updated wildlife inventories, conflicting uses, and the range of options for protecting wildlife habitat. B. Technical Advisory Committee Meeting #1 The first Technical Advisory Committee meeting was held on August 27, 2020, attended by representatives from DLCD, ODFW, the County, and the consultant. The primary task of the meeting was to select three inventories/species that the project will focus upon. Committee members were instructed to come to the meeting prepared with lists of their highest -priority inventories for consideration and reasons supporting that decision. Ultimately, while there are numerous species of note in the County, choosing the three that should be addressed through this grant was straightforward based on committee members' experience and expertise. Those inventories, along with the TAC's reasoning behind choosing them, are as follows: Inventory Selection Mule deer winter range habitat Sensitive Bird Habitat (Bald and Golden Eagles) Elk winter range habitat justification This layer is used frequently and is out of date Focal species for ODFW Development projects overlap with this layer frequently Updating this layer will likely help other species as well Data sets are very out-of-date and used frequently Majority of conflicts with developmental zoning is from golden eagle, so the layer needs to be accurate This layer has not been updated for 30 years. This layer is very obviously out of date, the range hasexpanded Focal species for ODFW Development projects overlap with this layer frequently Updating this layer will likely help other species as well Recognizing that this is the first County effort to update some of its wildlife inventories, the TAC also identified alternatives for potential future study: Mule deer migration corridor was identified as important because of significant change in understanding over past decade. The resource area is likely larger than currently protected -3- because newer data are available and ODFW has a better understanding of how deer use corridors. T&E (Threatened and Endangered) species habitat was also identified as important, primarily due to the listing of the Oregon spotted frog, which is now a species within scope of an inventory update and is high profile. However, it is a federally protected species, so the group decided it should focus on species that do not currently receive as much protection. C. Timeline The consultant is currently working with an Interagency Working Group (IWG) to review and evaluate wildlife data of the three inventories. The first IWG meeting is scheduled for October 16, 2020. These inventories and their methodology will be presented in a draft report in the winter to the Board and Planning Commission. Public outreach concerning the inventories, the methodology, impacts to properties (if any) and potential protection measures will begin in early 2021. Staff, along with the TAC and consultant, will be committed to exploring alternative methods of public outreach, consistent with the outreach strategies deployed for wildfire mitigation, if COVID-19 remains a constraint on in -person public meetings. IV. Next Steps Staff will provide relevant updates to the Board concerning both TA Grant projects as they progress, and can provide in -person updates if requested by the Board. -4 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of October 7, 2020 DATE: October 1, 2020 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: State of the County Presentation BACKGROUND AND POLICY IMPLICATIONS: Discussion about upcoming State of the County presentations with the Bend, Redmond and Sisters Chambers. ATTENDANCE: Whitney Hale, Communications Director AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of October 7, 2020 DATE: October 1, 2020 FROM: Laura Skundrick, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: FY21 Q2 Discretionary Grant Review RECOMMENDATION & ACTION REQUESTED: Review applications and determine awards for discretionary grant applications submitted for the second quarter of 2020-21. SUMMARY: Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant Program and makes awards accordingly. On October 7, 2020, the Board will consider requests made for activities to take place beginning on or about the second quarter of 2020-21. ATTENDANCE: Laura Skundrick, Administrative Services = V >rM1 n d5 aJ O v Ln a) ' o O V > -�CDL co aJ O �_ O to L N > Q4-1 C ON 0C _0 Lu N aJ O V) x N L Q v O D L O- �O N ec Ln B o J O i + + ? v \ � p O O O by a� �' — L Q t a� x J c v > T O O v a) O a}. w O Q I bq 0— !y N E m d: z Lntii' 4- CD cc > mm v 4 W cu t� r �.�u ✓i LaS�..�r`�S. 1 Ste.{�' "/ Y. O ✓'; kMll-cl,0 O O S^ 0 0 -n O O O tt g 0 0 0 0 0 0 0 0 0 0 0 w` WIN oo Ln O u-) ul u) Ln o-) u-) O u)CNJ to HE, 4fi¢tY i ISO 'Y d ti yi S \d 4t2 INS4-1 p w E 0-yam 4 TS p O ; o ' Okk 0-0 T >, -0 W O O s ; r V 4-� Q > v U � O O O O C Q N t Q� M � W n > '1 ' K W N b0 b0 QJ C coS W E C U b0 Q bQ Q m O O E N_ W OR &�U aJ O v ti— o a C U p M51-11 m MIR%O O .� Q O U c O V O O C ti Q f� spa ` U _ Q aJ U U U U N ?rR i� is gi y M c 4 \)1 ES c o Deschutes County Board of Commissioners " 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of October 7, 2020 DATE: October 1, 2020 FROM: William Groves, Community Development, 541-388-6518 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2020-645, Termination of Improvement Agreement and Hold Harmless Agreement for the Infrastructure Improvement Agreement Recorded at 2016-21768, Tetherow Tract Y RECOMMENDATION &ACTION REQUESTED: The applicant has submitted a supplemental memo to address the concerns the Board expressed at the 9/23/20 discussion of this matter. BACKGROUND AND POLICY IMPLICATIONS: The County and VRE Tract Y, L.L.C. ("Owner") are the parties to an Infrastructure Improvement Agreement, pursuant to which the Owner constructed the Required Improvements (as defined in the Improvement Agreement). The Owner has completed the Required Improvements and conveyed them to the Homeowner's Association ("Association"). The County has inspected the Required Improvements and determined that some repairs are necessary. Pursuant to a letter from the Association to the County, the Association has acknowledged the need for such repairs and agreed to make them. The County has agreed to release Owner from any and all warranty obligations under the Improvement Agreement, provided that the Owner and Association agree to hold County harmless from any claims related to the condition of the Required Improvements. The Owner and County Legal have worked together to draft this Termination of Improvement Agreement and Hold Harmless Agreement. The applicant has submitted a supplemental memo to address the concerns the Board expressed at the 9/23/20 discussion of this matter. FISCAL IMPLICATIONS: None ATTENDANCE: Will Groves, Legal vTES c COMMUNITY DEVELOPMENT STAFF MEMORANDUM Date: October 1, 2020 To: Board of County Commissioners From: Will Groves, Senior Planner Re: Doc No 2020-645 - Termination of Improvement Agreement and Hold Harmless Agreement for the Infrastructure Improvement Agreement recorded at 2016-21768, Tetherow Tract Y, File No. 247-15-000485-TP I. Background The County and VRE Tract Y, L.L.C. ("Owner") are the parties to an Infrastructure Improvement Agreement, pursuant to which the Owner constructed the Required Improvements (as defined in the Improvement Agreement). The Owner has completed the Required Improvements and conveyed them to the Homeowner's Association ("Association"). The County has inspected the Required Improvements and determined that some repairs are necessary. Pursuant to a letter from the Association to the County, the Association has acknowledged the need for such repairs and agreed to make them.The County has agreed to release Owner from any and all warranty obligations under the Improvement Agreement, provided that the Owner and Association agree to hold County harmless from any claims related to the condition of the Required Improvements. The Owner and County Legal have worked together to draft this Termination of Improvement Agreement and Hold Harmless Agreement. The Board expressed concern at the September 23,2020 meeting regarding developer membership in the Homeowners' Association and potential conflict with future property owners regarding repairs. The applicant has submitted a supplemental memo to address the Board's expressed concerns. III. NEXT STEPS The Board will consider signature of this document on October 7, 2020. DESCHUTES COUNTY PLANNING DIVISION 117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend,OR 97708-6005 t2'(541)388-6575 @cdd@deschutes.org ;,www.deschutes.org/cd p(dakzo Will Groves, Senior Planner Attachment Ref No. Doc No. 2020-645 - Termination Of Improvement Agreement And Hold Harmless 1 Agreement Deschutes County Document No. 2016-21768 2020-09-28 Supplemental Memo 2 2020-05-06-Trailhead at Tetherow Association letter to Will Groves re roads 3 Page 2 of 2 William Groves From: Laura Craska Cooper <lcooper@brixlaw.com> Sent: Monday, September 28, 2020 2:59 PM To: William Groves Subject: Trailhead at Tetherow Improvement Agreement Attachments: Trailhead Balance Sheet(8-31-20) (00143436xDD452).pdf Follow Up Flag: Follow up Flag Status: Flagged [EXTERNAL EMAIL] Hi Will, As a follow up on the Trailhead at Tetherow Improvement Agreement, here's some more information on the road repairs: 1. The work needed is not as a result of a defect; it was damaged by construction traffic from lot buyers building homes; 2. As lot owners are currently building homes, and there will be more under construction over the next couple of years, the damage is going to recur; 3. The Association will be responsible for that future damage because the roads now belong to the H OA; 4. Nonetheless, the developer fully funded the reserves for the project, including funding to repair the damages (see the attached statement showing the $39,000 reserve balance funded by the developer); 5. By holding the money contributed by the developer, the Association has the funds to do the work in the future; and 6. The estimated cost of repairs is approximately $4,000. The developer has deposited $30,000 in reserves for these roads (as well as $12,000 for management of the Association). Please let me know if you can pass this info along to the Board and/or if it would be possible for me to speak to them. Thanks, Laura Laura Craska Cooper I Partner Brix Law LLP 15 SW Colorado Ave., Suite 3 I Bend, Oregon 97702 T: (541) 693-0061 I E: Ic000erCalbrixlaw.com Web Confidentiality Notice: This email message, including any attachments, may contain confidential or privileged information of BRIX Law LLP and/or its clients. This transmission is for the sole use of the recipient(s)to whom it is addressed. If you have received this transmission in error or have reason to believe you are not authorized or intended to receive it, please delete all electronic copies of it,destroy all paper copies,and notify the sender immediately. Any unauthorized review,dissemination,disclosure or distribution or other use of the message(including attachments)is strictly prohibited. 1 Trailhead at Tetherow Neighborhood Association BALANCE SHEET As of August 31, 2020 TOTAL ASSETS Current Assets Bank Accounts Reserve Checking 30,000.00 TOTAL BUS CHK(8502) 9,009.02 Total Bank Accounts $39,009.02 Accounts Receivable Accounts Receivable(A/R) 2,511.00 Total Accounts Receivable $2,511.00 Total Current Assets $41,520.02 TOTAL ASSETS $41,520.02 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable(A/P) 2,475.00 Total Accounts Payable $2,475.00 Total Current Liabilities $2,475.00 Total Liabilities $2,475.00 Equity Retained Earnings 42,886.17 Net Income -3,841.15 Total Equity $39,045.02 TOTAL LIABILITIES AND EQUITY $41,520.02 Accrual Basis Friday,September 25,2020 09:07 AM GMT-07:00 1/1 May 6, 2020 Mr. Will Groves Senior Planner Deschutes County Community Development 117 NW Lafayette Bend, Oregon 97701 Re: Roads and Utilities Improvement Agreement, VRE Tract Y, L.L.C. Dear Mr. Groves: Please let this serve as approval from the Trailhead at Tetherow Owners Association to release any remaining funds to VRE tract Y, L.L.C. associated with that certain Roads and Utilities Improvement Agreement (IA 2016-21768) related to the infrastructure completed by VRE Tract Y, L.L.C. for Gateway Loop Road. On October 31, 2019 VRE Tract Y, L.L.C. conveyed Gateway Loop Road to the Trailhead at Tetherow Owners Association(2019-42243). At that time,the Association accepted the roads and utilities as-is, where-is. We recognize that Cody Smith, County Engineer, provided a Warranty Inspection report on November 7, 2019 noting several repairs. The Owners Association recognizes these repairs, and will coordinate making such repairs in conjunction with the overall maintenance of the Association. Please let me know if you should you require anything further from me in this regard. Tha you, Rick Johnson Manager Trailhead at Tetherow Owners Association cc: Cody Smith, PE, County Engineer Deschutes County Official Records 2019-42243 S Stn=1 BN 10/31/201910:04 AM $10.00$11.00$10.00$61.00$6.00 $98.00 After recording return to and send all tax statements to: I,Nancy Blankenship,County Clerk for Deschutes County,Oregon, certify that the instrument identified herein was recorded in the Clerk records. Trailhead at Tetherow Neighborhood Association Nancy Blankenship-County Clerk 61240 Skyliner Ranch Road Bend, Oregon 97702 Attn: BARGAIN AND SALE DEED VRE Tract Y, L.L.C., a Missouri limited liability company, grantor, conveys to Trailhead at Tetherow Neighborhood Association, an Oregon nonprofit corporation, grantee, the following described real property located in Deschutes County, Oregon: Gateway Loop (Private Road Tract 2), Trailhead at Tetherow Phase 1, as shown on the Plat recorded in the real property records of Deschutes County on April 27, 2017, at 2017-15943. PROVIDED, HOWEVER, grantor specifically reserves easements over the foregoing property for grantor and its successors and assigns to perform any maintenance, repair or replacement of any of the property or any improvements thereon that grantor or its successors or assigns may elect, in its sole discretion, to perform, provided, neither grantor nor any of its successors or assigns shall have any obligation to perform any of the foregoing. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is OTHER VALUE GIVEN. This is a conveyance of common areas to an owners' association. Dated this "day of Q tler 2019. Grantor: V.R.E. TRACT Y, L.L.C., A Missouri limited liability company Recorded by Western Title as an BY: t ` V GAI-S accommodation only. No liability Name:. .l1Ja--roc .j - .��.�do►J accepted for condition of title or Title: ("ea 4-, validity, sufficiency or affect of document. {00127154;1} STATE OF ORE-CON ) l )ss. County of;-it ) The foregoing instrument was acknowledged before me on thisday ofQ ios12019, by0a401��,., as the authorized agent for V.R.E. Tract Y, L.L.C., a Missouri limited liability company, on behalf of the company. Notary Public for Oregcnf;,sa,,,,.; / My Commission Expires: // i at2 NAN Y M AHRENS Notary Fu•He, Notary Seal State of Misso ri St. Louis coup Commis ion i 126 8839 MY Coma a No ber 12,2020 (00127154;1} ,\\ . ESC0 ? ' G2 0 -G '` ROAD DEPARTMENT 4.1 MEMORANDUM To: Bill Snyders, VRE From: Cody Smith, PE, County Engineer Date: November 7, 2019 Subject: Warranty Inspection Trailhead at Tetherow (formerly Forest Gateway at Teherow), Phase 1 Mr. Snyders, Deschutes County Road Department completed a one-year warranty inspection of the road improvements for the above-referenced project on October 29, 2019. The following deficiencies were observed: • Settlement and raveling of repair patches Y f ! .} _. t �aa x ' `¢aye :it. 1 A _- _ , - _- .:. , ,... Spiv Tl �.s a, - a . Ty:- d, •O regs" Fct' k:.ts15 � • • Jr ax .Lt , !Az,'.j-,, y;-..,-„,--.7,. ___ _ - x ct' ` � � Y ''y< ��'4a ~ r r s ' ra. 4.. .cP Ye1r -i` .f. " �.* ,fi..t"9 mac. �,ry " -C ` "-aw�. 5 fr "* , ,- �T '� t ky J' f svfrs,4 . Y . .„: '= ''-x'� _ ,,� tom ' J. ,- ,'r `- '�.s' ` r, ~ . is -� r i Atea.-' '►,. "� Tt z� ^*r r - _ a . 5R, > zs4 . Photo1 —Sta 15+1- on 9 77 02 6 1 150 SE 27th Street Ben (541) 388-6581 road@deschutes.org www.deschutes.org R m 444. N Photo 2—Sta 15+75 R ..M rq a` y r 1 'sue e � * ,�. • .. _ » , Photo 3—Sta 16+40 R 2 • Settlement of joint at Sta 19+50 i A, V • r. { • 7•-� -.ate .e+p�:;� �.d' � . : �Y, s `.. • Photo 4 - ,, _ s • •' Photo 5 3 i 1as Photo 6—Negative cross-slope • Cracking at centerline joint—various locations -t ti0 - { Ot • J , kK v•;1<Y- ' • + i ` z. Photo 7- Sta 15+75 Photo 8—Sta 17+50 4 • Pavement damage due to construction activities—various locations al ► . ' " .1.,r, i 1 \ ..... - ,..,..„._ • , ..._ _ , . .._ ,... .... ........ „,.. Photo 9 I E " . . • .,. i Photo 10 5 • Sidewalk settlement—Sta 19+50 a 'tea T.+ 4«. - l Photo 11 6 • Cracking at back of curb—various locations r yf ' J Photo 12 .sue 4'fp $ ; I, 1 x: Photo 13 7 a Aftl if ' Photo 14 The deficiencies noted above must be resolved before the warranty bond for this project can be released. Please contact me at cody.smithadeschutes.or or 541-322-711 A 3 if you have anyquestions or concerns. Cc: Will Groves, Deschutes County Community Development Department Brett Hamrick, Deschutes County Road Department 8 IBRIXILAw Memorandum To: Deschutes County Board of Commissioners From: Laura Craska Cooper Date: October 7, 2020 Re: Request for Release of Trailhead at Tetherow Improvement Agreement Enclosed, please find the following documents: • Letter from Rick Johnson, the independent, professional manager for The Trailhead at Tetherow Neighborhood Association • Trailhead at Tetherow Neighborhood Association Balance Sheet, dated August 31, 2020 As Will Groves can attest, we did submit the enclosed documents last Thursday for inclusion in today's meeting packet. However, there was either a glitch or the documents were just a bit too late to make the packet. I will be available via Zoom to answer any questions you may have when you consider this matter. Thank you. {00143848;11 PORTLAND 75 SE Yamhill Street, Suite 202 I Portland, OR 97214 I 503-741-2310 I www.brixlaw.com BEND 15 SW Colorado Avenue, Suite 3 I Bend, OR 97702 I 541-617-1309 f. I . Al ) To whom it may concern: This letter is to confirm as an independent company/manager representing the interests of all property owners of the Trailhead at Tetherow Neighborhood Association the statements below are correct. We are on site almost every day and monitor all common area closely to prevent damage from occurring, unfortunately construction traffic is a necessary evil but working closely with the developer,VRE, the road and curb repairs needed have already been noted and funds set aside in the reserve account to repair once construction slows down or the neighborhood is near built out. 1. The road work in question is not as a result of a defect; it was damaged by construction traffic from lot buyers building homes, builders, and sub-contractors; 2. As lot owners are currently building homes, and there will be more under construction over the next couple of years, the damage is going to recur; 3. The Association will be responsible for that future damage because the roads now belong to the HOA; 4. Nonetheless,the developer fully funded the reserves for the project, including funding to repair the damages (see the attached statement showing the $39,000 reserve balance funded by the developer); 5. By holding the money contributed by the developer, the Association has the funds to do the work in the future; and 6. The estimated cost of repairs is approximately$4,000. The developer has deposited $30,000 in reserves for these roads (as well as $12,000 for management of the Association). This is a very simple HOA with few common elements, roads, curbs, fencing, and irrigated grassy area make up most of common areas. The reserve study had already compensated for the road repairs. We are on reserve target to seal coat the property in 2023 and at that time,the noted repairs would be done prior. As the manager of this HOA, we are not concerned about the cost, funding, or the timing of these repairs and would like to stay on target with the reserve study. The units have and continue to sell fast so the operating and reserve accounts are being well funded each quarter. Again, we are a company independ t of the developer and work for and paid by the HOA. Rick Johnson M C CA, AMS Solis Northwest Bend, Oregon 541-948-2860 rick@solisnorthwest.com cc: Henry Warshaw Trailhead at Tetherow Neighborhood Association BALANCE SHEET As of August 31, 2020 TOTAL ASSETS Current Assets Bank Accounts Reserve Checking 30,000.00 TOTAL BUS CHK(8502) 9,009.02 Total Bank Accounts $39,009.02 Accounts Receivable Accounts Receivable(A/R) 2,511.00 Total Accounts Receivable $2,511.00 Total Current Assets $41,520.02 TOTAL ASSETS $41,520.02 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable(A/P) 2,475.00 Total Accounts Payable $2,475.00 Total Current Liabilities $2,475.00 Total Liabilities $2,475.00 Equity Retained Earnings 42,886.17 Net Income -3,841.15 Total Equity $39,045.02 TOTAL LIABILITIES AND EQUITY $41,520.02 Accrual Basis Friday,September 25,2020 09:07 AM GMT-07:00 1/1