2021-88-Minutes for Meeting March 01,2021 Recorded 3/16/2021C,r�)T E S CpG
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
1:00 PM
Recorded in Deschutes County CJ2021-88
Nancy Blankenship, County Clerk
Commissioners' Journal 03/16/2021 8:16:29 AM
qC\' 1FS
2021-88
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call); and Sharon
Keith, BOCC Executive Assistant (via Zoom conference call). Attendance was limited in response to
Governor's Virus orders.
CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
ACTION ITEMS:
1. Discussion of Request to Convert 3.0 Forensic Diversion FTE from
Limited Duration to Regular
Health Services Holly Harris was present via Zoom to report on the need of
these positions. County Administrator Anderson explained the mechanics of
a limited duration position. Funding for these positions will be covered
under a service element through Jail Diversion Services. The Resolution will
be presented on the agenda of Wednesday, March 3.
BOCC MEETING MARCH 1, 2021 PAGE 1 OF 3
2. Discussion of Requested FTE Increase for Deschutes County
Stabilization Center
Health Services Holly Harris presented this request for discussion. The
Resolution will be presented for consideration of an additional front desk
staff person and additional hours for a weekend staff person. Commissioner
Adair requested a report on stabilization centers visits and law enforcement
drop offs. The Resolution will be presented on the agenda of Wednesday,
March 3.
3. Preparation for Reconsidered Public Hearing and Board Signature of
Order No. 2021-008 to Establish Public Hearing Procedures for
Reconsideration
Community Development Department staff present via Zoom conference call
were Kyle Collins and Peter Gutowsky. Commissioner Chang announced he
will not participate in the decision and consideration of this item as he was
not on the Board when the subject decision was reached. This order would
clarify applicable public hearing procedures specific to this application
(subject property located at 19800 Pacific Heights Road, Bend). Four
documents were inadvertently excluded from the Board's record
necessitating that the County file a Notice of Withdrawal with LUBA. Mr.
Collins reviewed the process for the public hearing that has been scheduled
for March 10, 2021.
ADAIR: Move approval of Order No. 2021-008
DEBONE: Second
VOTE: ADAIR: Yes
CHANG: Abstain
DEBONE: Chair votes yes. Motion Carried
Note: Commissioner Adair excused herself at 1:26 p.m. to provide testimony on
Senate Bill 587.
BOCC MEETING MARCH 1, 2021 PAGE 2 OF 3
OTHER ITEMS:
Commissioner Chang reported on request from ODOT for a Commissioner to
participate on a mobility advisory committee to discuss road infrastructure
work in Deschutes County over the next few years. Commissioner DeBone
asked for more information on the request.
County Administrator Anderson and Communications Director Whitney Hale
reported both the St. Charles website and COVID hotline are experiencing
high volumes for vaccine requests. Ms. Hale noted staff are working in
partnership with St. Charles to best serve the public through
communications and increased response times.
Commissioner Adair was present at the meeting at 1:37 p.m.
The challenges of communications for the vaccine schedule was discussed.
EXECUTIVE SESSION: None presented
ADJOURN: Being no further items to come before the Board, the meeting was adjourned at
1:47 p.m.
DATED this / 1) Day ofe 11/ 2021 for the Deschutes County Board of
Commissioners.
ATTEST:RECORDING SECRETARY
IL CHANG, VICE CHAT
PA"TI A AIR, COMMISSIONER
BOCC MEETING MARCH 1, 2021 PAGE 3 OF 3
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, MONDAY, MARCH 1, 2021
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/meetin&s.
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:
citizen input@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 Monday, March 1, 2021 Page 1 of 3
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
ACTION ITEMS
1. Discussion of Request to Convert 3.0 Forensic Diversion FTE from Limited Duration
to Regular - Holly Harris,
2. Discussion of Requested FTE Increase for Deschutes County Stabilization Center -
Holly Harris,
3. Preparation for Reconsidered Public Hearing and Board Signature of Order No.
2021-008 to Establish Public Hearing Procedures for the Reconsideration - Kyle
Collins, Associate Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
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.
ADJOURN
Board of Commissioners BOCC Meeting Agenda Monday, March 1, 2021 Page 2 of 3
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 (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetin2calendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners BOCC Meeting Agenda Monday, March 1, 2021 Page 3 of 3
�01ES CO
o " Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of March 1, 2021
DATE: February 24, 2021
FROM: Holly Harris, Health Services,
TITLE OF AGENDA ITEM:
Discussion of Request to Convert 3.0 Forensic Diversion FTE from Limited Duration to
Regular
RECOMMENDATION & ACTION REQUESTED:
Staff request approval of a Resolution that will be presented on Wednesday March 3 to
convert 3.0 existing full-time equivalent (FTE) positions from limited duration to regular
due to a change in funding from a Jail Diversion grant to regular Service Element funds by
the Oregon Health Authority (OHA).
BACKGROUND AND POLICY IMPLICATIONS:
In the 2015-2017 biennium, OHA awarded Deschutes County a seven-year grant for Jail
Diversion. At the end of the first contract, OHA converted the grant award into its ongoing
funding stream through the Financial Assistance Award Intergovernmental Agreement
(IGA) for the financing of behavioral health services, and the program now follows the
Service Element requirements.
In May 2020, Health Services requested the 3.0 FTE designated as limited duration under
the initial grant be converted to regular positions as part of the ongoing funding. At that
time, uncertainty surrounded OHA funding due to the COVID-19 pandemic. Because of
that unknown, the Board declined to convert the positions pending further information
on OHA funding.
Health Services has now received the 2021 behavioral health Financial Assistance Award
IGA, which includes the continued level of funding in Service Element MHS 09, "Jail
Diversion Services." Health Services is now bringing the request back to the Board to
convert the following 3.0 FTE limited duration positions to regular:
1.0 Behavioral Health Specialist, position 1845
2.0 Peer Support Specialist, positions 1694 and 1695
FISCAL IMPLICATIONS: None
ATTENDANCE: Holly Harris, Crisis Services Program Manager; Cheryl Smallman,
Health Services Business Officer via Zoom
Cheryl Smallman
From: Holly Harris
Sent: Tuesday, March 17, 2020 8:37 AM
To: Cheryl Smallman
Subject: FW: SE 09 funding
This should be sufficient....hopefully. Thanks!
Holly McCown Harris, M.Ed., LPC Program Manager
Crisis, Forensic Diversion and Access Services
3
Deschutes County Health Services
2577 NE Courtney I Bend, Oregon 97701
Office: (541) 322-7508 Fax: (541) 322-7565
Holly.Harris@deschutes.org
Our mission: To promote and protect the health and safety of our community.
Think Green, please print only if necessary and recycle. Confidentiality Notice: This e-mail message,
including any attachments, is for the sole use of the intended recipient's and may contain confidential
and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of
the original message. Thank you.
From: Derting Sheryl L <SHERYL.L.DERTING@dhsoha.state.or.us>
Sent: Tuesday, March 17, 2020 8:35 AM
To: Holly Harris <Holly.Harris@deschutes.org>
Cc: Gabel Cody W <CODY.W.GABEL@dhsoha.state.or.us>
Subject: RE: SE 09 funding
[EXTERNAL EMAIL]
Hi Holly,
At the end of the first contract where the Jail Diversion grant was awarded, OHA chose to turn this award into a regular
part of your funding stream rather than renew it for the terms within the solicitation itself. It now just follows the
Service Element requirements.
Sheryl
Fiscal Analyst 3
OREGON HEALTH AUTHORITY
Health Systems Division
Shervl.L.Dertingl@state.or.us
Desk: 503-945-6263
http Lvvvvw.oregon.gov/OHA
From: Gabel Cody W <CODY.W.GABEL@dhsoha.state.or.us>
Sent: Tuesday, March 17, 2020 8:21 AM
To: Harris Holly <holly.harris@deschutes.org>
Cc: Derting Sheryl L <SHERYL.L.DERTING@dhsoha.state.or.us>
Subject: RE: SE 09 funding
Holly,
I have looked through the historic files and I cannot find anything that I can send that would assist in what you are
asking. The only Jail Diversion funding that we have currently is part of the Jail Diversion Service Element. I am adding a
colleague from the contract department to see if they have an idea on how to help you with what you are asking for.
Cody Gabel LPC, CADC 3
Forensic Diversion Coordinator
OREGON HEALTH AUTHORITY
Health Systems Division
Adult Mental Health and Housing Unit
Mobile: 971-283-6160
From: Holly Harris <Holly.Harris@deschutes.org>
Sent: Monday, March 16, 2020 4:05 PM
To: Gabel Cody W<CODY.W.GABEL@dhsoha.state.or.us>
Subject: SE 09 funding
Think twice before clicking on links or opening attachments. This email came from outside our organization and might
not be safe. If you are not expecting an attachment, contact the sender before opening it.
Hi Cody,
About 3 years ago or so we were awarded the Jail Diversion Grant from OHA. At some point along the way, the funding
was moved to a SE and became ongoing funding. Jennifer Rees had clarified this in one of our meeting a few years ago
and put it in the meeting notes but I cannot find those anywhere.
Can you provide me something in writing stating this? Basically our HR wants to know that it is SE dollars and not a 7
year limited duration grant as it had started.
Thanks!
Holly
Holly McCown Harris, M.Ed., LPC Program Manager
Crisis, Forensic Diversion and Access Services
Deschutes County Health Services
2577 NE Courtney I Bend, Oregon 97701
Office: (541) 322-7508 Fax: (541) 322-7565'.
Holly.Harris@deschutes.org
Our mission: To promote and protect the health and safety of our community.
Think Green, please print only if necessary and recycle. Confidentiality Notice: This e-mail message,
including any attachments, is for the sole use of the intended recipient's and may contain confidential
and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of
the original message. Thank you.
Lev E S Co
o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of March 1, 2021
DATE: February 24, 2021
FROM: Holly Harris, Health Services,
TITLE OF AGENDA ITEM:
Discussion of Requested FTE Increase for Deschutes County Stabilization Center
RECOMMENDATION & ACTION REQUESTED:
Staff request approval of a Resolution that will be presented on Wednesday March 3 to
increase FTE to support the Deschutes County Stabilization Center.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County Stabilization Center (DCSC) opened June 1, 2020, and has served
more than 630 unique individuals in over 1,000 visits. Currently, five Behavioral Health
Technicians operate the front desk 24 hours a day, 7 days a week, 365 days a year. Day
and swing shifts have proved to be the busiest times, revealing a critical need for
additional front desk support.
Health Services requests 1.0 full-time equivalent (FTE) Administrative Support Technician
be added to support the DCSC front desk operations to ensure seamless billing and
administrative support. The position will be limited duration from April 1, 2021, to
September 30, 2023. The position will be funded by the 2020 Central Oregon Health
Council (COHC) Grant through December, 2021. At January 1, 2022, the position will be
supported by Certified Community Behavioral Health Clinic (CCBHC) Demonstration
funding, which was approved through September 30, 2023, by the Federal legislature.
(NOTE: CCBHC Demonstration funding is a pay -per -service model and funds are received
through the Oregon Health Authority. Health Services estimates approximately $2-3
million per year in revenue from this funding stream.)
In addition, Health Services requests an increase of 0.1 FTE to an existing Behavioral
Health Technician position (position 2714) which covers the front desk on weekends in
order to eliminate a gap in coverage that currently exists. The cost of the increased FTE
will be covered by the 2020 COHC Grant until December 31, 2021, and by the IMPACTS
grant from January 1 to June 30, 2022, when this limited duration positon is set to expire.
The chart below shows the funding sources and expenditures by fiscal year.
FY21 FY22 FY23 FY24
(4/1/21)
RESOURCES
COHC Grant
21,170
39,586
CCBHC Demonstration
42,064
87,135
23,413
IMPACTS
6,190
TOTAL
21,170
87,840
87,135
23,413
REQUIREMENTS
Admin Support Technician 4/1/21- 9/30/23 @ step 1
19,205
81,650
87,135
23,413
Increase 0.1 FTE Behavioral Health Technician
1,965
6,190
-
TOTAL
21,170
87,840
87,135
23,413
FISCAL IMPLICATIONS:
Increase FTE in the Health Services Fund 274 and re -appropriate $21,170 from Materials
and Services to Personnel in FY 2021 for the following positions:
• 1.0 limited duration FTE April 1, 2021-September 30, 2023
• 0.1 limited duration FTE April 1, 2021 June 30, 2022
ATTENDANCE: Holly Harris, Crisis Services Program Manager; Cheryl Smallman,
Health Services Business Officer via Zoom
\>'\)I ES CO
o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of March 1, 2021
DATE: February 24, 2021
FROM: Kyle Collins, Community Development, 541-383-4427
TITLE OF AGENDA ITEM:
Preparation for Reconsidered Public Hearing and Board Signature of Order No. 2021-008
to Establish Public Hearing Procedures for the Reconsideration
A reconsideration public hearing is scheduled before the Board on March 10, 2021 (File No. 247-
21-000147-RC). As part of the reconsideration proceedings, both the Applicant (Scott and Carol
Ann Smallwood) and the Appellant (Danielle and Sanders Nye), have requested that the Board
modify the public hearing procedures as identified in the order presented before the Board. The
Board will consider these modified hearing procedures for a reconsideration of a Board decision
(File Nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) approving a series of
property line adjustments and a 10-lot subdivision in the UAR10 Zone.
i 14 Alto] 1 pill1Y/ l
TO: Board of County Commissioners
FROM: Kyle Collins, Associate Planner
DATE: February 24, 2021
RE: Consideration of an Order to establish procedures for the reconsideration of File Nos.
247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A
The Board of County Commissioners (Board) will conduct a meeting on March 1, 2021 and consider
hearing procedures for a reconsideration of a Board decision (File Nos. 247-19-000913-LL, 247-19-
000914-TP, and 247-20-000580-A) approving a 10-lot subdivision in the UAR10 Zone.
I. BACKGROUND
The property subject to this application is located approximately 0.6 miles northwest of the City of
Bend. The specific location is noted in the following table:
Map Number & Tax Lot Address
17-12-07, 501 19800 Pacific Heights Road, Bend, OR 97703
The Applicants, Scott and Carol Ann Smallwood, have requested two property line adjustments to
increase the size of the subject property to 100.1 acres. Concurrent with the property line
adjustments, the Applicants requested a tentative plan approval for a 10-lot subdivision.
The Board conducted a public hearing to review an appealed Hearings Officer decision on
November 9, 2020, and deliberated on December 9 and December 16, 2020. The Board voted 2-1
(DeBone and Adair in favor, Henderson opposed) to uphold the Hearings Officer's Decision of
approval for two property line adjustments and to establish a 10-lot residential subdivision on the
subject property.
The Board broadly concurred with the Hearings Officer's decision and approved the application, but
amended Condition EE, which addresses the standards of Deschutes River Corridor Design Review.
The local decision became final on January 25, 2021.
11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @cdd@deschutes.org @www.deschutes.org/cd
Subsequently, the Deschutes County received a Notice of Intent to Appeal the local decision to the
Land Use Board of Appeals (LUBA) on February 9, 2021. As part of the record preparation for the
LUBA appeal, County staff became aware that four documents were erroneously excluded from the
Board's record. To resolve these procedural issues, on February 16, 2021, County staff filed a Notice
of Withdrawal pursuant to ORS 197.830(13)(b) and OAR 661-010-0021(1) halting the LUBA appeal
and allowing the Board to reconsider its previous decision. The reconsideration is catalogued under
Deschutes County file no. 247-21-000147-RC.
II. HEARING PROCEDURES
A reconsideration public hearing is scheduled before the Board on March 10, 2021. As part of the
reconsideration proceedings, both the Applicant (Scott and Carol Ann Smallwood) and the Appellant
(Danielle and Sanders Nye), have requested that the Board modify the public hearing procedures
as identified in the order presented before the Board. If adopted, this order sets forth procedures
on par with a "record review" as would have been allowed for the initial public hearing before the
Board pursuant to DCC 22.32.027(B)(2). Consistent with DCC 22.32.030(E)(6) governing record
reviews, the Board shall not consider any new factual information submitted orally or in
writing. However, differing from the aforementioned provision and at the request of the applicant
and appellant, the Board will entertain brief oral arguments presented by any party. Staff will also
introduce the materials originally excluded from the record before the Board during the initial public
hearing proceedings. After review of the missing materials and hearing oral argument, the Board
may elect to deliberate on the reconsideration of its original decision.
III. 90-DAY LAND USE CLOCK
The Board has 90 days upon filing the Notice of Withdrawal to re -issue the same decision or to
render a new decision.' The final day the Board must render a final decision is May 17, 2021.
1 OAR 661-010-0021(1) provides: "If a local government or state agency, pursuant to OR5197.830(13)(b), withdraws a
decision for the purposes of reconsideration, it shall file a notice of withdrawal with the Board on or before the date the
record is due or, on appeal of a decision under 197.610 to 197.625, the local government shall file a notice of withdrawal
prior to the filing of the respondent's brief. A copy of the decision on reconsideration shall be filed with the Board within 90
days after the filing of the notice of withdrawal or within such other time as the Board may allow."
247-19-000913-LL, 19-914-TP, 20-580-A, 21-147-RC Page 2 of 2