2021-132-Minutes for Meeting March 17,2021 Recorded 4/2/202107ES C0G
fl ?� BOARD CE
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
• 11
Recorded in Deschutes County CJ2021-132
Nancy Blankenship, County Clerk
Commissioners' .journal 04/02/2021 2:36:24 PM
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2021-132
FOR RECORDING STAMP ONLY
Wednesday, March 17, 2021 BARNES & SAWYER ROOMS
VIRTUAL MEETING PLATFORM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom
Anderson, County Administrator; David Doyle, County Counsel; and Samantha Pepper, BOCC
Administrative 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 DeBone called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
CONSENT AGENDA: Before the Board was consideration of the Consent Agenda.
Commissioner Adair requests that Item #6 be pulled for further discussion.
ADAIR: Motion to approve Consent Agenda minus #6.
CHANG: Second
BOCC MEETING MARCH 17, 2021 PAGE 1 OF 10
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
1. Consideration of Board Signature of Resolution No. 2021-014 Accepting
the OHA School Based Health Center Outreach and Engagement Grant
and Increasing Appropriations Within the 2020-21 Deschutes County
Budget.
2. Consideration of Board Signature of Resolution No. 2021-015, Increase of
Appropriations Within the 2020-21 Deschutes County Sheriff's Office
Budget
3. Consideration of Board Signature of Resolution No. 2021-016 Transferring
Contingency and Increasing FTE Within the 2020-21 Deschutes County
Budget.
4. Consideration of Board Signature of Document No. 2021-093, Acceptance
of Tax Deed Related to General Judgement Foreclosure Case
5. Consideration of Purchase Agreement, Document No. 2021-215 and
Acceptance of Deed of Dedication, Document No. 2021-216, from Julie A.
Haugen for Right of Way for the NE Negus Way/NE 17Th Street
Imnrovement Proiect
7. Consideration of Board Signature to thank Jennifer Hills of the Deschutes
County Behavioral Health Advisory Board
8. Approval of Minutes of the February 19 2021 Legislative Update Meeting
9. 9. Approval of Minutes of the February 26 2021 Legislative Update
Meeting
ACTION ITEMS:
6. Consideration of Board Signature of Document No. 2021-238: a
Request for Property Line Adjustments and a Tentative Plan Approval
to Establish a 10-Lot Subdivision in the UAR10 Zone at 19800 Pacific
Heights Road
Commissioner Adair states that this land use matter was considered prior to
Commissioner Chang taking office. She is certain that there are no more
application/procedural errors at the county level.
BOCC MEETING MARCH 17, 2021 PAGE 2 OF 10
ADAIR: Move approval of Board Signature of Document No 2021-238.
DEBONE: Second
VOTE: ADAIR: Yes
CHANG: Abstain
DEBONE: Chair votes yes. Motion Carried
10. Consideration of Board Signature of Document No. 2021-009,
PacificSource Amendment #1
Behavioral Health Director Janice Garceau and Behavioral Health Program
Manager Kara Cronin explain the PacificSource Amendment which helps
support people with serious mental health issues in the community.
Commissioner Adair asked what eligible performance payment means.
Ms. Garceau replies that it is the monthly payment for Choice services.
Commissioner Adair asks how many clients are served under this
program. Ms. Cronin replies that approximately 75 clients are provided
services at any given time. Commissioner Chang asked where else people
would go or land if these services were not available. Ms. Garceau
mentions the state hospital, the jail and/or homeless.
ADAIR: Move approval of Board Signature of Document No 2021-009.
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
11.Consideration of Board Signature on Document No. 2021-107, a
Memorandum of Understanding with Bend Heroes Foundation and
Central Oregon Veterans Outreach and on Document No. 2021-094 a
Ground Lease with Central Oregon Veterans Outreach for Veterans
Village
Property Manager Kristie Bollinger explains the MOU and Ground Lease
for the Deschutes County Veterans Village with Bend Heros and COVO.
The MOU is for the construction and operation for the village while the
Ground Lease captures the 10 year lease/commitment with COVO. There
BOCC MEETING MARCH 17, 2021 PAGE 3 OF 10
will be 15 units and manufactured structured for support services.
Commissioner Chang asked if the units are movable. Ms. Bollinger
mentions that the issue a very important factor in the process and that
they are movable. Commissioner DeBone mentions the intent is for
veterans to stay about two years and then move on to more permanent
housing. Commissioners voice their enthusiasm for this project.
ADAIR: Move approval of Board Signature of Document No 2021-107.
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
CHANG: Move approval of Board Signature Document No 2021- 094.
ADAIR: Second
Commissioner Adair sends her thanks to the team at COVO for getting
this Village project going.
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ADAIR: Yes
DEBONE: Chair votes yes. Motion Carried
12.Consideration of Chair Signature of Document No. 2021-171, OHA
#166040
Behavioral Health DirectorJanice Garceau and Business Manager Cheryl
Smallman explain the OHA amendment. Ms. Garceau mentions
identifying a service element deduction (error) of $20,000. That error on
the part of OHA has been remedied and resulted in an overall increased
funding of $80,000. She also noted that the contract period has changed
to the calendar year (instead of fiscal year).
ADAIR: Move approval of Chair Signature of Document No 2021-171.
CHANG: Second
Commissioner Chang states it was very helpful to have the service
BOCC MEETING MARCH 17, 2021 PAGE 4 OF 10
elements lined out in the Board's packet.
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
13.Discussion: Road Name Assignment - Wildwood Pine Court
Assistant Planner Caroline House explains the location of the proposed
Wildwood Pine Court Road. Commissioners agree to have this approval
on the Consent Agenda March 24th
14.Consideration of County Administrator's Signature of Deschutes
County Investment Policy F-10
County Treasurer and CFO Greg Munn explains that this policy is
reviewed by the Board each year although there are no changes. The
Investment Advisory Committee and Treasurer have reviewed and have
no comments.
CHANG; Move arnrnrnxial of ('ni iinty Arlminictr?tnr gignati lire of the
Deschutes County Investment Policy.
ADAIR: Second
VOTE: CHANG:
ADAIR:
DEBONE:
OTHER ITEMS:
Yes
Yes
Chair votes yes. Motion Carried
• Commissioners agreed to rotate their attendance at the Eastern
Oregon Counties meetings so there is only one Commissioner
present.
• Commissioner Debone mentions the new Living with Wildfire
website and attending a meeting with the Prosecutor's Center
for Excellence.
• Commissioner DeBone also states that he recently attended the
Public Safety Training Center committee meeting. The group is
in very early planning stages.
BOCC MEETING MARCH 17, 2021 PAGE 5 OF 10
15.COVID19 Update
Public Health Director Nahad Sadr- Azodi, Heath Services Director Dr.
George Conway and Program Manager Molly Wells- Darling update
Commissioners on COVID19 in Deschutes County. Commissioner Chang
mentions that the community was concerned with the distribution of the
vaccine. Ms. Wells- Darling explains where doses of the vaccine were
given out in the community. She also adds that there is a new system for
signing up to receive alerts and vaccine appointments. The system has an
individual link for each person so their dose can be held for 48 hours and
if not registered will be given to the next person in line. Everything is
dependent on how much vaccine Deschutes County is allocated. Dr.
Conway thanks the emergency management team for all that they do to
get the vaccine out into the community.
Fiscal COVID19 Discussion
County Treasurer and CFO Greg Munn states that he has received more
information on the American Rescue Plan (ARP). He notes that receipting
and allocating the funding will require a formal supplemental budget
adjustment (requiring a public hearing before the Board).
CARES Act Small Business Loans- Mr. Munn states that there were 8 loans
in the amount of $10,000 each approved by the Board last fall. He would
like to know how to we address the loan repayments and suggests 4
options. The options are: to leave with COIC for future loans, return to the
county to be repurposed, forgive and convert to grants or table for
further discussion at a later date. Commissioner Chang notes that the
focus will soon be on recovery after the pandemic and wants to be able to
help people move forward. Commissioner DeBone suggests a memo that
explains the situation with more detail. Commissioner Chang would like
to know what the characteristic of the businesses and more about each.
Commissioner Adair states that it is very important to understand that the
$38 million coming directly from the federal government are Deschutes
County funds.
16.Marijuana Enforcement Update
DCSO Sargent Todd Kloss, Detective Dustin Miller, and Management
Analyst Danielle Martell update Commissioners on County marijuana
BOCC MEETING MARCH 17, 2021 PAGE 6 OF 10
enforcement. Commissioner Chang asked were the main interception of
marijuana is. Most illegal activity is on private property with illegal
operations. Commissioner Chang asked if there was illegal and legal
marijuana overlapping. Mr. Kloss mentions that there are three
government entities involved in marijuana enforcement/regulation which
causes problems. A person can have a medical card and grow marijuana.
The hope is OHA releases themselves from medical marijuana and OLCC
handles all things marijuana. Mr. Kloss thanks the Commissioners and all
county staff for the support of the program. Mr. Miller mentions that the
biggest raid was in November. Commissioner Adair asked if there are
other areas in the state who have large illegal marijuana issue. Mr. Kloss
replies that southwestern Oregon has huge issues because they do not
have the type or scope of county support that is seen in Deschutes
County. Commissioner Adair mentions several sites that grew Hemp
never harvested the Hemp and wondered if that is relevant to ODA. Mr.
Kloss states that there are not enough resources at the state level to
inspect and control legal and illegal marijuana in our community.
Commissioner Chang mentions the need for public awareness about
illegal and legal marijuana activity and where to find that information.
LUNCH RECESS: At the time of 11:42 a.m., the Board went into Lunch Recess
and reconvened at 1:00 p.m.
Commissioner Adair rejoins the meeting via Zoom Conference Call.
17.Overview of Near -Term Capital Improvement Projects and Funding
Options
County Administrator Tom Anderson provides an overview of this
discussion topic. Facilities Director Lee Randall explains capital
improvement projects- The biggest being the courthouse expansion. He
later explains near term capital needs. Usually county facility projects are
under general county reserves. Commissioner Chang asked if the
American Rescue Plan Funds can be allocated for capital improvements
like the health services building in Redmond. Mr. Randall states that they
BOCC MEETING MARCH 17, 2021 PAGE 7 OF 10
are in the very early stages of addressing the health building space needs
and Mr. Munn is unsure if these funds can be used for that purpose. Mr.
Munn explains the estimated capital improvement projects and funding
options. Property Manager Kristie Bollinger explained the sale of non-
essential county assets. Commissioner Chang asked if that is total
number. It is an estimated total number. Commissioner Adair asked
about seeing the essential properties too. With the current list of projects,
There would need to be debt financing. Commissioner Adair asked what
interest rate on this debt would be. The interest rate is estimated to be
around 3%. Commissioner Adair asked when the state's lease at the
Deschutes County Services Building will expire. Ms. Bollinger recalls 2026.
OTHER ITEMS:
Commissioner Adair presents a letter sent from Eastern Oregon Counties. It
suggests that COVID19 emergency orders at the state level end and that
issues be addressed locally. Commissioners will discuss a position at a future
meeting.
Commissioner Chang states that he has gathered more information on HB
2251. The Deschutes Basin Water Collaborative has a policy option package
inrli Irian %A1ith thic hill It is nnteri that the State Water Resnurre riivisinn is not
going to sign. Commissioner DeBone would like more clarity on the package
and discussion will continue to the Friday legislative meeting.
18. PRESENTATION: Non -Resource Lands with Oregon Department of
Land Conservation and Development
Community Development Nick Lelack introduces representatives of DLCD
and updates the Board request for development on certain non -resource
lands. There are six identified sub -areas in Deschutes County. Through
many efforts by state and county staff, there is not a path forward for the
county to redesignate these areas. Commissioner Adair mentions that
these areas total only 900 acres and community members are frustrated.
Commissioner Chang asks what the building process would be if
development was allowed. Planning Manager Peter Gutowsky explains
the process; one being based on EFU criteria and the other being the
forest dwelling template test. Often times these applications are
BOCC MEETING MARCH 17, 2021 PAGE 8 OF 10
approved administratively if all criteria are met. Commissioner DeBone
asks if this same problem is occurring around the state. DLCD Director Jim
Rue acknowledges Mr. Lelack's great leadership at CDD and on the LCDC
Commission. Mr. Rue adds that this is an issue everywhere; however it is
a high priority for the state to preserve farm and forest lands. DLCD has
added this issue to its proposed policy agenda in the past however it has
been knocked off and not authorized. Rue also notes that DLCD is coming
off a 33% budget deficit. The best option for addressing the issue is
through agency rulemaking, which will be hard. Much of the state funding
is now going to wildfire type projects which is putting all other projects
behind it. Commissioner Chang asked if they have pursued legislative
change. Mr. Rue mentions that other counties tried to address this same
issue a few years ago. And after a lot of state and county effort, there was
no movement. Commissioner Adair briefly mentions that the cost
associated with the land use permits can be a large expense. Mr. Lelack
mentions that Planning Commission is going to examine the general issue
during review of the county work plan next week. Commissioner Chang
mentions eastside UGB expansion for the City of Bend. Mr. Rue adds that
DLCD has been tracking the Stevens tract bill and believes it will pass
which will allow for more development in the Bend area.
19.Discussion of OSHA Draft COVID-19 Workplace Rules
Deputy Administrator Erik Kropp updates the Board on the proposed
OSHA workplaces rules. Apparently the temporary rule cannot be
extended any longer. Mr. Kropp asks if the Board would like to submit any
comments to the state. There are 5 proposed changes. Commissioner
DeBone suggest linking the ending date for the rules to the end of the
declared health emergency. Commissioner Adair asked for clarification on
vaccine in the workplace. Kropp explained that this would require the
employer (large employers) to provide time and space at the workplace of
vaccine clinics. There would be no cost to employee and this rule would
not require employees to receive the vaccination shot. Mr. Kropp will
prepare a draft letter and bring to Legislative meeting on Friday for
Commissioners to review and approval. Commissioner Chang adds that
he supports the workplace vaccine section of the rule.
QOCC MEETING MARCH 17, 2021 PAGE 9 OF 10
t � EE �s
Being no further items to come before the Board, the meeting was adjourned at 3:16 p.m.
DATED this Day of lhY _ 2021 for the Deschutes County Board of
Commissioners.
i
ANTHONY DEBONE, CHAIR
BOCC (MEETING MARCH 17, 2021 PAGE 10 OF 10
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
9:00 AM, WEDNESDAY, MARCH 17, 2021
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public
comment is not normally accepted. Written minutes are taken for the record
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary
measures to facilitate public participation in these virtual meetings.
Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be
conducted in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
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
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
Board of Commissioners BOCC Meeting Agenda Wednesday, March 17, 2021 Page 1
of 4
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.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as
posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-hearing-notices.
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 citizeninl2ut@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by 8:00am on the day of the meeting.]
CONSENT AGENDA
Consideration of Board Signature of Resolution No. 2021-014 Accepting the OHA
School Based Health Center Outreach and Engagement Grant and Increasing
Appropriations Within the 2020-21 Deschutes County Budget.
2. Consideration of Board Signature of Resolution No. 2021-015, Increase of
Appropriations Within the 2020-21 Deschutes County Sheriff's Office Budget
3. Consideration of Board Signature of Resolution No. 2021-016 Transferring
Contingency and Increasing FTE Within the 2020-21 Deschutes County Budget.
4. Consideration of Board Signature of Document No. 2021-093, Acceptance of Tax
Deed Related to General Judgement Foreclosure Case
5. Consideration of Purchase Agreement, Document No. 2021-215 and Acceptance of
Deed of Dedication, Document No. 2021-216, from Julie A. Haugen for Right of Way
for the NE Negus Way/NE 17Th Street Improvement Project
6. Consideration of Board Signature of Document No. 2021-238: a Request for
Property Line Adjustments and a Tentative Plan Approval to Establish a 10-Lot
Subdivision in the UAR10 Zone at 19800 Pacific Heights Road
7. Consideration of Board Signature to thank Jennifer Hills of the Deschutes County
Behavioral Health Advisory Board
Board of Commissioners BOCC Meeting Agenda Wednesday, March 17, 2021 Page 2
of 4
8. Approval of Minutes of the February 19 2021 Legislative Update Meeting
9. Approval of Minutes of the February 26 2021 Legislative Update Meeting
ACTION ITEMS
10. 9:05 AM Consideration of Board Signature of Document No. 2021-009,
PacificSource Amendment #1 -,Janice Garceau, BH Deputy Director
11. 9:15 AM Consideration of Board Signature on Document No. 2021-107, a
Memorandum of Understanding with Bend Heroes Foundation and
Central Oregon Veterans Outreach and on Document No. 2021-094 a
Ground Lease with Central Oregon Veterans Outreach for Veterans
Village. - Kristie Bollinger, Property Manager
12. 9:30 AM
Consideration of Chair Signature of Document No. 2021-171, OHA
#166040 -,Janice Garceau, BH Deputy Director
13. 9:40 AM
Discussion: Road Name Assignment - Wildwood Pine Court - Caroline
House, Assistant Planner
14. 9:50 AM
Consideration of County Administrator's Signature of Deschutes
County Investment Policy F-10 - Greg Munn, Chief Financial Officer
15. 10:00 AM
COVID19 Update
16. 11:00 AM
Marijuana Enforcement Update - Todd Kloss, Sergeant
LUNCH RECESS
17. 1:00 PM Overview of Near -Term Capital Improvement Projects and Funding
Options - Greg Munn, Chief Financial Officer
18. 2:00 PM PRESENTATION: Non -Resource Lands with Oregon Department of
Land Conservation and Development - Nick Lelack, Community
Development Director
19. 3:00 PM Discussion of OSHA Draft COVID-19 Workplace Rules - Erik Kropp,
Deputy County Administrator
Board of Commissioners BOCC Meeting Agenda Wednesday, March 17, 2021 Page 3
of 4
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
To watch this meeting on line, go to: www.deschutes.org/meetings
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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 388-6572.)
Board of Commissioners BOCC Meeting Agenda Wednesday, March 17, 2021 Page 4
of 4
L�\)-� E S C0G
Q 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 March 17, 2021
DATE: March 9, 2021
FROM: Caroline House, Community Development, 541-388-6667
TITLE OF AGENDA ITEM:
Discussion: Road Name Assignment - Wildwood Pine Court
FISCAL IMPLICATIONS: None
ATTENDANCE: Caroline House, Assistant Planner
MEMORANDUM
TO: Board of County Commissioners
FROM: Caroline House, Assistant Planner
DATE: March 9, 2021
SUBJECT: March 15th Work Session for the Road Name Assignment of Wildwood Pine Court
(CDD File No. 247-21-000048-RN)
Background
The abutting property owner at 50670 Deer Forest Drive initiated this road naming request as part
of a conditional use request for a new dwelling in the Forest Use (F-2) Zone. In 1978, this unnamed
road was created and publically dedicated as part of Major Partition Approval (MJP) 81-7. This
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at the southwest corner of the applicant's property. There are four (4) properties with frontage along
this unnamed road and currently three (3) of the four (4) properties take access from this road.
Staff Decision
The Community Development Department (CDD) reviewed the requested road name assignment
under file no. 247-21-000048-RN. In consultation with the Deschutes County Property Address
Coordinator, staff reviewed the four (4) proposed names and selected Wildwood Pine Court. Staff
found the name Wildwood Pine Court complied with DCC 16.16.030(E)(1) and (2).
Under DCC 16.16.030(B) public comments on the proposed road name are limited to those parties
owning property abutting the affected road or having an address on the affected road. Staff mailed
notice of the application to these parties on January 27, 2021 and a notice of the staff decision was
mailed on March 9, 2021.
The staff decision will become final, absent an appeal, at the end of the 10-day appeal period on
March 19, 2021 at 5pm.
As of this writing, staff has not received any questions, written opposition, or appeals on the
proposed name.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
Next Steps
DCC 16.16.030(I) requires the Board to sign an order approving the name within 10 days of the staff
decision becoming final. Assuming the Board supports approving the proposed road name, the
Board must sign the corresponding order, Board Order 2021-010, no later than March 29, 2021.
Approving this order at the meeting scheduled on March 24, 2021 will ensure this timeline is met.
if staff receives any submittals prior to the March 24, 2021 meeting, staff will bring the materials to
the Board's attention and enter them into the record.
Staff is available for any questions.
Enclosures: 2021-03-09 CDD Staff Findings and Decision (247-21-000048-RN)
2021-03-09 Draft Board Order 2021-010
2021-03-09 Road Location Map
2021-01-20 Road Naming Request Application Form
1978-08-10 Partition Plat MAP-78-11
Page 2 of 2
Mailing Date:
Tuesday, March 9, 2021
FINDINGS AND DECISION
FILE NUMBER: 247-21-000048-RN
APPLICANT: Ben Sherman & Courtney Hill
PROPOSAL: The applicant requests to assign the name "Wildwood Pine Court" to a 60-
foot-wide public road right-of-way.
ROAD LOCATION: Tax Map 22-10-30A adjacent to the southern boundary of Tax Lot 2900
This currently unnamed public road is located off Deer Forest Drive,
approximately 1,600 feet south of Masten Road, and extends east for
approximately 600 feet.
STAFF CONTACT: Caroline House, Assistant Planner
Phone: 541-388-6667
Email: Caroline.House@deschutes.org
I. APPLICABLE CRITERIA:
Deschutes County Code (DCC)
Title 16, Addresses and Road Names
Chapter 16.16, Road Naming
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
ROAD DESCRIPTION: In 1978, the road to be named was created as part of a partition approval and
was dedicated to the public as a 60-foot road right-of-way (reference file no. MJP-78-11). This existing
gravel road is +/- 600 feet in length, extends east from Deer Forest Drive, and terminates at the
southwest corner of the applicant's property.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 cd(Wdeschutes.org www.des(butes.org/cd
Vicinity Map
AFFECTED PROPERTIES: There are four (4) properties with frontage along the road to be named
and currently three (3) of the four (4) properties take access from this road. The following properties
have frontage along this road:
ADDRESS
ASSESSOR MAP AND TAX LOT
50062 Deer Forest Drive
22-10-30A, Tax Lot 3000
50666 Deer Forest Drive
22-10-30A, Tax Lot 2801
50670 Deer Forest Drive
22-10-30A, Tax Lot 2800
50674 Deer Forest Drive'
22-10-30A, Tax Lot 2900
REVIEW PERIOD: The subject application was submitted on January 20, 2021. This application will
be reviewed in accordance with DCC 16.16 and requires final approval by the Board of County
Commissioners (BOCC) per DCC 16.16.030(I).
' This property is accessed from Deer Forest Drive.
247-21-000048-RN (Wildwood Pine Court) Page 2 of 9
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on January 27, 2021 to several
public agencies and received the following comments:
Deschutes County Address Coordinator, Tracy Griffin
Wildwood Pine (#4) is the preferred name for approval. Further, the road particulars appear to make this
a Court per DCC 16.16.030(E)(2)(c). Therefore, Wildwood Pine Court is the preferred and approved name
for this new right-of-way.
Deschutes County Senior Transportation Planner, Peter Russell:
I have no adverse comments on the naming of this public road, which is a Local Access Road created by
MJP-78-11.
The following agencies did not respond to the notice: 911, Bend -La Pine School District, Bend
Regional Watermaster Bureau of Land Management (BLM), Deschutes County Assessor, Deschutes
County Road Department, Deschutes County Sheriffs Office, Deschutes County Surveyor, and
Wildness Garbage & Recycling Service.
PUBLIC COMMENTS: Notice was sent to the four (4) affected properties per DCC 16.16.030(B). The
applicant also posted a proposed road name sign. No public comments were received.
111. rnNC USIONARY FINDINGS*
CHAPTER 16.16, ROAD NAMING
Section 16.16.010, Road Naming Authority.
A. Deschutes County, through the Community Development Department, shall have
the authority to and shall assign road names to roads requiring names as provided
in DCC 16.16.
FINDING: The subject road naming application is being reviewed by the Deschutes County
Community Development Department. This criterion is met.
Section 16.16.020 Unnamed Roads.
All unnamed public and private roads and other roadways which provide access to three or
more tax lots, or which are more than 1,320 feet in length, shall be assigned a name in
accordance with the procedures in DCC 16.16.030.
FINDING: The subject unnamed road provides access to four (4) tax lots. Therefore, staff finds the
proposed road name assignment must be reviewed in accordance with the procedures in DCC
16.16.030, which are addressed below. This criterion will be met.
247-21-000048-RN (Wildwood Pine Court) Page 3 of 9
Section 1616 030 Procedures for Naming New Roads.
A. Application.
1. The naming of a road may be initiated by the Community Development
Department, Planning Commission, the Board, or by application of adjacent
property owners, developers, or public agencies which may be affected by
road names.
FINDING: This application was initiated by adjacent property owners, Ben Sherman & Courtney
Hi112, on January 20, 2021. This criterion is met.
z An application to name a road shall be submitted to the Community
Development Department and shall include, at a minimum, the following.
a. Name of applicant,
b. Location of road by description and or map,
C. Legal status of road, if known,
d. Proposed road name, with two alternate proposed names,
e. Reason for name request,
f. Petition(s) attached, if any, and
g. Fee, if any, as established by the Board.
FINDING: The applicant submitted the required information and fee identified above. These criteria
are met.
B. Notice of a proposed name assignment shall be sent to all persons owning property
abutting the affected road or having an address on the affected road. Such notices
shall be sent within 10 days of the receipt of an application, if any, or other action
initiating the proposed road name assignment.
FINDING: On January 27, 2021, staff mailed notice of this pending application to the four (4)
property owners abutting the subject road to be named. This notice was mailed seven (7) days after
the application was received. This criterion is met.
C. Persons receiving notice under DCC 16.16.030(B) shall promptly notify any tenants
or other occupants of the affected property of the proposed road name assignment.
D. Any person receiving notice under DCC 16.16.030(B) above may comment in writing
on the proposed name within 10 days from the date of notice.
FINDING: The mailed notice included a statement requiring the recipient to notify any tenants or
other occupants of the affected property of the proposed road name assignment. No public
comments were received. These criteria are met.
2 Ben Sherman and Courtney Hill own the abutting property identified on Deschutes County Assessor's Map
22-10-30A, as tax lot 2800.
247-21-000048-RN (Wildwood Pine Court) Page 4 of 9
E. Standards
1. General. The proposed road name shall:
a. Be limited to a maximum of two words.
b. Not duplicate existing road names, except for continuations of
existing roads.
C. Not sound so similar to other roads as to be confusing.
d. Not use compass directions such as North, East, South, etc., as part of
the road name.
e. Not use designations such as Loop, Way, Place, etc., as part of the road
name.
f. Improve or clarify the identification of the area.
g. Use historical names, when possible.
h. Reflect a consensus of sentiment of affected property owners and
occupants, when possible, subject to the other standards contained in
DCC 16.16.030.
FINDING: The applicant submitted the following four (4) road names for consideration:
1.
Ponderosa Pines
2.
Woodland Acres
3.
Pine Acres
4.
Wildwood Pines
Drnnnccrl rnnr) nnmac 1 -'4 rli rnlirntP aYictina rnark nampq anri/nr snuncl similar to other roads in
Deschutes County. Nevertheless, staff finds the proposed road name "Wildwood Pine 3,, meets the
standards above and is representative of the surrounding area, which includes forested areas with
pine trees being the predominate tree species. For these reasons, staff has assigned the road name
"Wildwood Pine" to the subject right-of-way from the list of submitted names. These criteria are met.
z Particular Roads. The proposed road name shall also conform to the
following standards:
a. North/South roads shall be called "roads" or "streets."
b. East/West roads shall be called "avenues."
C. Roads dead -ending in a turnaround 1,000 feet or less from their
beginning points shall be called "courts."
d. Roads of reduced right-of-way or curving roads of less than 1,000 feet
shall be called "lanes" or "terraces."
e. Curving roads longer than 1,000 feet shall be called "drives" or "trails."
f. Roads that deviate slightly from the main course of a road with the
same name, are less than 1,000 feet in length, shall be called "places."
g. Roads that are four lanes or more shall be called "boulevards."
h. Historical roads shall be called "market roads."
3 The Deschutes County Property Address Coordinator confirmed "Pine" should be singular as this is
consistent with road names throughout the County, which are generally singular.
247-21-000048-RN (Wildwood Pine Court) Page 5 of 9
i. Roads running at oblique angles to the four points of the compass,
less than 1,000 feet in length, shall be called "ways." (See Appendix
"D," attached hereto.)
j. Roads that begin at and circle back onto the same road, or that are
circular or semicircular, shall be called "circles" or "loops."
FINDING: The road to be named is approximately 600 feet in length and extends east from Deer
Forest Drive. Given this configuration, staff finds "court" is the appropriate suffix. These criteria are
met.
F. Staff Review and Road Name Assignment. The Community Development Department
shall review road name applications and shall assign road names under the
following procedure:
1. Verify legal status of road with the County Clerk's office and Road
Department.
FINDING: The road to be named was created and publically dedicated as part of Major Partition
Approval (MJP) 78-11. The Deschutes County Clerk's Office and Road Department have records of
this approved partition and the creation of this public road. This criterion is met.
2. Check proposed road name(s) to avoid duplication or confusing similarity
with other existing road names, with those on approved preliminary land
divisions and with those approved for future use.
FINDING: The Deschutes County Address Coordinator confirmed the proposed road name is
unique and there are no other similarly named roads in Deschutes County. This criterion is met.
3. Perform afield check, when necessary.
4. Assist the applicant or other affected person(s) to find alternate names when
required.
FINDING: For the purposes of this review, staff relied on existing County records and aerial images
to verify the applicable requirements. As detailed in this decision, the proposed name ' Wildwood
Pine Court" satisfies the applicable requirements. Therefore, no alternate names, beyond the four
(4) submitted as part of the original request, were necessary or submitted. These criteria are met.
S. Notify appropriate persons, departments and agencies of the road name
application, and request comments.
6. Review and consider all comments submitted.
7. Assign a road name in accordance with the standards set forth in DCC
16.16.030(E) above.
FINDING: As detailed in the Basic Findings above, the appropriate persons, departments and
agencies received notice of this pending application. All of the submitted comments were reviewed
247-21-000048-RN (Wildwood Pine Court) Page 6 of 9
in coordination with the Deschutes County Property Address Coordinator and the assigned name,
Wildwood Pine Court, meets the standards of DCC 16.16.030(E). These criteria are met.
G. Notice of Staff Decision. Following assignment of a road name by the Community
Development Department, notice of the road name assignment shall be sent to all
persons entitled to notice under DCC 16.16.030(B).
H. Appeal. Affected property owners and occupants shall have the right to appeal the
assignment of a road name by the Community Development Department. Such
appeals shall be conducted in accordance with the provisions of the Deschutes
County Development Procedures Ordinance, except where the provisions of DCC
16.16.030 conflict with the procedures ordinance, in which case the provisions of
DCC 16.16.030 shall apply. Affected property owners and occupants shall have 10
days from the date of the staff decision in which to file an appeal. Issues on appeal
shall be limited to whether the Community Development Department correctly
applied the criteria set forth herein.
FINDING: A Notice of Staff Decision will be mailed in accordance with the requirements of DCC
16.16.030(B). This notice will include information on the right to appeal as detailed above. These
criteria will be met.
I. A road name assignment becomes final when no further right of appeal established
herein is possible. Within 10 days of the road name assignment becoming final, the
Board shall sign an order establishing the road name as assigned by the Community
Development Department.
FINDING: Within ten (10) days of this decision becoming final and absent an appeal, the proposed
road name assignment of Wildwood Pine Court will become final under Board Order 2021-010. This
criterion will be met.
J. The affected property owners and occupants shall have 180 days from the date of
the Board order of road name assignment to begin using the road name.
FINDING: To ensure compliance a condition of approval has been added. This criterion will be met.
K. Notice of Decision. Following the order of the Board naming a road, the Community
Development Department shall.
1. Notify the applicant requesting the road name of the action
z Send copies of the order naming the road to the following.
a. Road Department
b. Assessor's Office and Tax Office
C. Postmaster
d. Planning Department
e. County Clerk's office
f. Affected telephone and other utilities
g. Affected fire department(s)
247-21-000048-RN (Wildwood Pine Court) Page 7 of 9
h. Local school district(s)
i. Emergency services, i.e., police, fire, 911, etc.
3. File the original order naming a new road with County Clerk
4. On a monthly basis, the Community Development Department shall publish
a list of changed road names in a newspaper of general circulation
designated for the purpose of the Board.
FINDING: Following review of the Board Order, staff will provide notice of the Board Order to the
required entities identified above and the Board Order will be recorded in the Deschutes County
Clerk's records. The proposed road name will be published in a newspaper with the list of changed
road names. These criteria will be met.
IV. CONCLUSION:
Based on the foregoing findings, staff concludes that the proposed road name can comply with the
applicable standards and criteria of the Deschutes County Road Naming Ordinance if conditions of
approval are met.
Other permits may be required. The applicants are responsible for obtaining any necessary permits
from the Deschutes Road Department as well as any required state and federal permits.
The Deschutes County Road Department will coordinate the posting of a new road sign with the
Prnnarty Or1riracc innrrlinatnr PIPacP rnnrrlinatP with the I7PSrhlltPS Cminty Road Department
. ...r.... J .. __. �..._-- --.-.. -..- - --- ---- --- -� -- - - -I-- -
regarding fees related to the creation and installation of the new road sign.
V. DECISION:
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL:
A. The affected property owners and occupants shall have 180 days from the date of the Board
Order of road name assignment to begin using the road name. Note: This requirement will
only impact property owners and occupants that take access from Wildwood Pine Court.
VII. DURATION OF APPROVAL:
This decision becomes final ten (10) days after the date mailed, unless appealed by a party of
interest. Issues on appeal shall be limited to whether the Community Development Department
correctly applied the criteria set forth herein. To appeal, it is necessary to submit a Notice of Appeal,
the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient
247-21-000048-RN (Wildwood Pine Court) Page 8 of 9
specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each
issue.
Within ten (10) days of this decision becoming final and absent an appeal, the Board of County
Commissioners shall approve the subject road name assignment pursuant to Board Order 2021-
010.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents
per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT
IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Caroline House, Assistant Planner
Reviewed by: Peter Gutowsky, Planning Manager
247-21-000048-RN (Wildwood Pine Court) Page 9 of 9
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Assigning the Name of Wildwood Pine
Court to a Public Road Right -of -Way Located Off
Deer Forest Drive Approximately 1,600 Feet
South of Masten Road.
*
* ORDER NO. 2021-010
*
*
WHEREAS, Ben Sherman & Courtney Hill applied to assign a road name pursuant to Deschutes County's
Code, Title 16, Addresses and Road Names, to assign the name of Wildwood Pine Court to a 60-foot-wide public
road right-of-way located in Township 22 South, Range 10 East, Section 30A, W.M.; and
WHEREAS, all public notices required to be given under 16.16.030(B) regarding the proposed name have
been given; and
WHEREAS, the appeal period for appealing the Community Development Department's approval
expired; and
WHEREAS, DCC 16.16.030(I) requires the road names be assigned by order of the Board of County
C nm ml sst on Pre• nncv ib ere f bre
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the name of Wildwood Pine Court be assigned to a 60-foot-wide public road right-
of-way to provide access to the properties at Township 22 South, Range 10 East, Section 30A, W.M as set forth
in Exhibit "A" and Exhibit "B," attached hereto and incorporated herein.
Dated this of , 20_ BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
ANTHONY DEBONE, CHAIR
PHIL CHANG, VICE CHAIR
PATTI ADAIR, COMMISSIONER
PAGE 1 OF 1- ORDER No. 2021-010
Exhibit A
Wildwood Pine Court
FS
4606
Legend
Wildwood Pine Court
Parcel
T22S, R10E, W.M.
Deschutes County
Board Order 2021-010
247-21-000048-RN
YO
Wildwood Pine Court
DISCLAIMER:
The information on Jus map was dmwad from digilel datebases on )—hate,
Countys G.I.S. Care was taken in the creation of this map, but it is pro iided'as
'. Deschutes County cannot accept any toneWnsibilityfor am,,, omissions, or
I,".
'mu racy In the digital date or the undmift momds. There are-
rranties, express or implied, including the-aanty,f merchantability,,
fitness for a particular purpose, accompanying this product. He—.,, ratification
of any errors will be appreciated,
0 150 300 600 900 1,200
Feet
March 3, 2021 N\.\Caroline 247-21-gggg49-RNWrolec IksE#bia Witlwvod Pire Ct.mtl
Proposed Road
to be Named
"Wildwood Pine
Court"
YORKIE LN
File No. 247-21-000048-RN
P
uj
w
0
Wildwood Pines Court
GEORGE & BARBARA JOHNSON
50674 DEER FOREST DR
JAMES & GLORIA FLEMING
50662 DEER FOREST DR
BEN SHERMAN &
COURTNEY HILL
50670 DEER FOREST DR
JEREMY & MARINA HOFF
50666 DEER FOREST DR
Note: If access to your property is taken from this
unnamed road your address will be affected.
N
0 162.5 325 650
ft
1 inch = 376 feet
Deschutes County GIS, Sources: Esri, USGS, NCAA
MEMORANDUM
TO: Board of County Commissioners
FROM: Caroline House, Assistant Planner
DATE: March 13, 2021
SUBJECT: March 17" Work Session for the Road Name Assignment of Wildwood Pine Court
(CDD File No. 247-21-000048-RN)
Background
The abutting property owner at 50670 Deer Forest Drive initiated this road naming request as part
of a conditional use request for a new dwelling in the Forest Use (F-2) Zone. In 1978, this unnamed
road was created and publically dedicated as part of Major Partition Approval (MJP) 78-11. This
...J - -I .. -A . / Lr%r% 17-4. ir. I---4-1, v+` -,4, east
Il.,.,r Cr.r�r+ li ru in �r.� *orminn4o[�
If I INI UVCU 6I dVCI I VCIU IJ T/- VVV ICCL II I ICI 16LI I, 1=ALCl IUJ east from VI I 1 veer I VI eJl ✓r it e, ar IU tcI I I iInaIGJ
at the southwest corner of the applicant's property. There are four (4) properties with frontage along
this unnamed road and currently three (3) of the four (4) properties take access from this road.
Staff Decision
The Community Development Department (CDD) reviewed the requested road name assignment
under file no. 247-21-000048-RN. In consultation with the Deschutes County Property Address
Coordinator, staff reviewed the four (4) proposed names and selected Wildwood Pine Court. Staff
found the name Wildwood Pine Court complied with DCC 16.16.030(E)(1) and (2).
Under DCC 16.16.030(B) public comments on the proposed road name are limited to those parties
owning property abutting the affected road or having an address on the affected road. Staff mailed
notice of the application to these parties on January 27, 2021 and a notice of the staff decision was
mailed on March 9, 2021.
The staff decision will become final, absent an appeal, at the end of the 10-day appeal period on
March 19, 2021 at 5pm.
As of this writing, staff has not received any questions, written opposition, or appeals on the
proposed name.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005
Q (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
Next Steps
DCC 16.16.030(I) requires the Board to sign an order approving the name within 10 days of the staff
decision becoming final. Assuming the Board supports approving the proposed road name, the
Board must sign the corresponding order, Board Order 2021-010, no later than March 29, 2021.
Approving this order at the meeting scheduled on March 24, 2021 will ensure this timeline is met.
If staff receives any submittals prior to the March 24, 2021 meeting, staff will bring the materials to
the Board's attention and enter them into the record.
Staff is available for any questions.
Enclosures: 2021-03-09 CDD Staff Findings and Decision (247-21-000048-RN)
2021-03-09 Draft Board Order 2021-010
2021-03-09 Road Location Map
2021-01-20 Road Naming Request Application Form
1978-08-10 Partition Plat MJP-78-11
Page 2 of 2
�0-C ES
VA
' C®MMUIVII'Y DEVELORIViENT
APPLICATION TO NAME/RENAME A ROAD
Applicant's Name: Ben Sherman and Courtney Hill
Road Location/Map: Township
0
Range
10
Section 30a
General Location Description: The subject road is a Local Access Road that is located off
Deer Forest Drive
Legal Status of Road: Created as part of MJP-78-11
Existing Name (if any): Not assigned
Proposed Name (list 1s' 2°d, 31d, and 4th choices):
1. Ponderosa Pines
3. Pine Acres
2. Woodland Acres
4. Wildwood Pines
Reason for Name / Name Change:
As part of the Conditional Use Permit it was determined that the subject Local Access Road
serves 4 properties and as a result must be named.
Applicant's Signature:
Property Owner's Signature (if different)*:
Agent's Name (if applicabl
Mailing Address: PO BOX 4060
Date:01 /14/2020
Date:
Phone: U
City/State/Zip: Bend/OR/97707
*If this application is not signed by the property owner, a letter authorizing signature by the applicant must be
attached.
Date Filed:
Fee Paid:
Notes:
Office Use Only
Received by:
Receipt No.:
1 1 7 NW Lafayette Avenue., Fiend, Oregon 97703 1 P.O. 3ox 6005, Bend, OR 97708-6005
(541) 388-6575 @ cdd@deschutes.org 0 www.desd-iutes.org/cd
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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 March 17, 2021
DATE: March 10, 2021
FROM: Todd Kloss, Sheriff's Office,
TITLE OF AGENDA ITEM:
Marijuana Enforcement Update
Deschutes County Illegal Marijuana Market Enforcement
July 2019 to February 2021
Oregon Criminal Justice Commission Grants awarded for July 1, 2019 —June 30, 2021
Purpose: The grant program was established to assist units of local government with the costs
incurred by local law enforcement agencies and district attorneys' offices in addressing
unlawful marijuana cultivation or distribution operations. The Legislature mandated that the
CJC prioritize four elements when awarding funding. Those four priority elements are:
• Rural areas
• Large-scale operations
• Organized crime; and
• Diversion of marijuana outside of Oregon.
Awarded $436,896.92 for the 2 year grant
DCIMME Team Stats (Andrew Davis (BIRD). Todd Kloss (DCSO) and Dustin Miller (DCSO)
57 cases opened
• 14 cases active/open; 43 closed / inactive
21 search warrants
26 arrests
35 guns
1903.5 Ibs of dried and/or processed marijuana* (one case is waiting on lab results to
determine if the dried product was hemp or marijuana. Not included in these totals)
8,324 plants
86 Ibs BHO
8 BHO labs
$210,412.00 cash seized
$145,475.23 assets seized
Oregon Medical Marijuana (OMMP), Hemp (ODA) and Recreational Licenses (OLCC) for
Deschutes County
OMMP through 1/1/2021— Deschutes County
• Grow sites = 326
• Growers = 397
• Caregivers = 535
• Patients = 1238
79% reduction in medical marijuana grow sites from 2016 to 2020
ODA for 2020 — Deschutes County
159 unique hemp grow locations (last spreadsheet sent by ODA in 11/2020)
33 hemp handlers (last spreadsheet sent by ODA in 11/2020)
Hemp grower is a person and/or business that grows, harvests and dries hemp.
Hemp handler is a person and/or business that processes hemp into commodities or products
including smokable hemp.
OLCC through 02/19/2021— Deschutes County
106 OLCC licenses
• Ilab
• 24 processors
• 39 producers
• 31 retailers
• 11 wholesalers
Deschutes County Illegal Mariivana Market Enforcement
Street Value of Seized Items
July 2019 to February 2021
$7,397,859 Street Value of plants ($1,032,259 - $13,763,459 Street Value based on low to high
yields per pound of plant = average)
$2,855,250 Street Value of dried product
$390,089 Street Value of BHO
$10,643,198 Street Value of all product seized
Oregon State Tax on Marijuana = 17%
$1,809,343.66 states taxes not collected
The State of Oregon imposes a 17% sales tax on retail cannabis. Certain cities within Deschutes
County have opted to charge an extra 3% on retail cannabis such as the City of Bend.
Note: Current tax dispersements for the county were not available as of 3/9/2021.
The information provided above is an estimate of what the street value of the marijuana plants
and product are worth on the lower end and 'nigher end according to HID T A 2020 -rug guide.
** Street value of MJ is calculated from the 2020 Oregon & Idaho Drug Price List from HIDTA
** Street value for marijuana plants is based on a variety of websites that give different estimates based
on indoor or outdoor, lighting, size, etc. for how much a plant can produce. On the low end, 37.5 grams
per plant and on the high end 500 grams per plant (outdoor).
Marijuana Gram = $20 per gram
Marijuana by Pound = $1500 per pound
BHO = $10 per gram
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 Wednesday Meeting of March 17, 2021
DATE: March 9, 2021
FROM: Greg Munn, Finance, 541-388-6559
TITLE OF AGENDA ITEM:
Overview of Near -Term Capital Improvement Projects and Funding Options
See attached memo.
DATE: March 15, 2021
TO: Board of County Commissioners
FROM: Greg Munn, Treasurer & Chief Financial Officer
Kristie Bollinger, Property Manager
Lee Randall, Facilities Director
SUBJECT: Overview of Known Near -Term Capital Improvement Projects and Concept Funding
Options
Past and projected population growth in Deschutes County and subsequent increases in demand for the
services provided by the County have led to Board discussions of new or expanded facilities and
property acquisition. This staff report identifies capital improvements and property acquisition over the
next five years that are currently under consideration.
Additionally, the report summarizes options to fund the improvements and acquisitions including
internal sources, debt financing and the liquidation of non -essential County -owned properties.
Capital improvement Projects
The following is a list of capital improvement projects identified for the next five years. The list excludes
the Road CIP and the Fair & Expo and Solid Waste enterprise funds.
1. Public Safety Campus
Improvements to the Public Safety Campus identified in the 2018 Master Plan include:
a. Adult Parole & Probation facility expansion
b. Community Service Shop and Parking Expansion (Site Work B)
c. Expand parking at Stabilization Center and Sheriff's Office due to displacement by Adult
P & P expansion (Site Work C.0 and C.1)
d. Sheriff's Office: Jail and Administration lobby, visitation and office space expansion
e. Additional Planning: funding to update the plan and create concepts for mid-term and
long-term expansion
2. Courthouse Expansion
In 2014, a space and programming analysis resulted in a proposed expansion of approximately
38,000 square feet. When a bill to create a new and eighth circuit judge position in the Eleventh
Judicial District passes, a new judge would be seated approximately two years later. It would be
optimal to have anew courtroom available by time anew judge is seated. This project would
also accommodate the needs of State Court administration and the District Attorney's Office.
Project development and construction is expected to take three years from the time the Board
directs the project to proceed.
a. AJ Tucker Building
The expansion of the Courthouse will require the use of the property adjacent to the
existing courthouse and will necessitate the removal of the AJ Tucker "stone building".
Reuse of a portion of the building as part of the Worrell Park Improvements has been
considered.
b. Worrell Park Improvements/Parking Expansion
The growth in use of the downtown campus has put pressure on existing parking
capacity and expansion of the courthouse will require an increased number of parking
spaces. The Board has directed further refinement of a Worrell Park Improvements
concept which includes increased parking capacity to meet code requirements for
courthouse expansion.
3. North County Service Expansion
Health Services currently occupies space in three different locations totaling approximately
8,500 square feet. This project would acquire, build or lease an approximate 12,000-15,000
square feet of space that would provide appropriate facilities for Health Services and other
County operations and allow for consolidation and growth in the northern portion of the county.
Note, a separate presentation will be made to the BOCC on this project later this month.
4. UIC Retrofits and Upgrades
The Water Pollution Control Facilities -Underground Injection Control (WPCF-UIC) permit issued
by Oregon DEQ requires upgrades to storm water control structures over the life of the 10-year
permit.
5. County Facilities Space Planning
Planning efforts are underway for the Public Safety Campus and Health Services. The last
County -wide space planning effort was completed in 2003. An updated plan is needed to
address the facility requirements for all other County services.
6. Maior Roof Replacement
Capital maintenance is typically funded through County General Projects Fund 070. Certain
large-scale maintenance projects, however, exceed the resources of this fund. The Deschutes
Services Building roof has reached the end of its serviceable life and is one such project.
Funding Options
1. Internal County Resources
Sources of funds for capital improvements include:
a. General County Reserve Fund 060: accumulates resources for future capital investments
based on Board of County Commissioner priorities. Available balance is $9.8 million and
is funded by residual property tax dollars of approximately $2.4 million per year.
b. Campus Improvement Fund 463: currently this fund is primarily used for public safety
campus projects and planning. Funds are allocated to Fund 463 during the budget
process for specific, Board -approved projects.
c. Property Development Fund 090: this fund is typically utilized for property acquisition
and receives lease payments prior to distribution for debt service.
d. Health Services funds: TBD.
2. Sale of County Assets
The County has several non -essential properties in inventory that could be sold and the funds
from sale proceeds reinvested in capital improvements.
3. External Financing
Options for external financing include bonded debt and bank financing. Typically bank financing
is preferred over bond financing for smaller debt needs and shorter term repayment plans. The
summary below assumes a five year loan of $1.5 million in year 2 with repayment beginning in
year 3.
Estimated Capital Improvement Projects and Funding Options
Sources of Funds
Internal Sources
Balance
General County Reserve Fund 060
9,800,000
Est. annual contribution from General Fund
Prior GF contribution to PERS Reserve
Reinstate property tax levy reductions
Campus Improvement Fund 463
4,875,000
Property Development Fund 090
2,000,000
Health Service funds (earmarked for North County)
Sale of Non -essential County Assets
Total Internal Sources
Debt Financing
Total Sources of Funds
Uses of Funds
Capital Improvements
Public Safety Campus
Adult P&P Expansion
Community Service Shop/Parking Exp. (B)
Public Safety Parking Exp. (C.0/C.1)
Public Safety Campus Planning
Cmirrhnuse Expansion Program
Courthouse Expansion
Ai Tucker Building/Site Restoration
Worrell Park Redevelopment
North County Service Expansion
Facility Acquisition
Tenant Improvements
Other Improvement Projects
DSB Roof Replacement
UIC Retrofits/Storm Water Compliance
County Facilities Space Planning
Total Capital Improvements
Debt Service Payments
Total
Year 1 Year 2 Year 3 Year 4 Year 5
FY22 FY23 FY24 FY25 FY26
2,467,320 7,332,680
2,400,000
2,304,000 2,211,840 2,123,366 2,038,432
2,000,000
2,000,000 2,000,000 2,000,000 2,000,000
1,680,000
1,764,000 1,852,200 1,944,810 2,042,051
2,000,000
2,875,000
2,000,000
TBD
4,903,680 975,000
15,451,000 19,250,680 6,064,040 6,068,176 6,080,482
1,499,320
15,451,000 20,750,000 6,064,040 6,068,176 6,080,482
6,200,000
2,000,000 4,200,000
201,000
201,000
500,000
250,000 250,000
250,000
250,000
22,000,000 1,000,000 16,000,000 5,000,000
200,000 200,000
2,600,000 2,600,000
4,600,000 4,600,000
3,700,000 3,700,000
450,000 450,000
600,000 100,000 150,000 150,000 150,000 50,000
250,000 100,000 150,000
41,551,000 15,451,000 20,750,000 5,150,000 150,000 50,000
328,624 328,624 328,624
Total Uses of Funds 15,451,000 20,750,000 5,478,624 478,624 378,624
Reserve for Future Improvements
585,416 5,589,553 5,701,859
Notes:
Analysis excludes the Road CIP and future F&E, Solid Waste expansions and/or capital improvements.
Other available County Reserve Funds:
Unallocated TRT 3,500,000
PERS Reserve 4,500,000
Excludes legally require GF contingency.
Excludes future lease revenue net of debt.
O� E S C0G
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 March 17, 2021
DATE: March 9, 2021
FROM: Nick Lelack, Community Development, 541-385-1708
TITLE OF AGENDA ITEM:
PRESENTATION: Non -Resource Lands with Oregon Department of Land Conservation and
Development
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nick Lelack, AICP, Director
Peter Gutowsky, AICP, Planning Manager
DATE: March 10, 2021
SUBJECT: Oregon Department of Land Conservation and Development / Work Session
In March 2019, Deschutes County proposed Comprehensive Plan amendments to establish criteria for re -
designating:
1) Exclusive Farm Use (EFU) or Forest Use zone properties to Nonprime Resource Lands (NPR Lands);
and
2) Six rural residential areas platted or conveyed prior to State enabling planning legislation taking
C4C
CI IeCt.
The purpose was to ensure accurately designated resource lands in absence of any Oregon Administrative
Rules (OARs) addressing Non -resource Lands.
The Planning Division conducted Planning Commission town hall meetings around the county on the
proposed amendments in April 2019, and then conducted two hearings on May 23, 2019 and June 13, 2019
respectively. The Board of County Commissioners (Board) decoupled the Comprehensive Plan amendments
to focus exclusively on the six rural residential areas based on public comments. Public hearings were held
on November 18, 2019, January 22, 2020 and July 15, 2020. The open record period closed on July 22, 2020
at 5:00 p.m. Deliberations are yet to be scheduled.
Following the close of the written record last fall, the Board directed staff to schedule a meeting with the
Oregon Department of Land Conservation and Development (DLCD) leadership to discuss how the County
might correct farm and forest land designations. Then, during the Board's goal setting retreat in January,
Commissioner Chang also expressed an interest in exploring how to preserve lands on the east side of Bend
for future urbanization.
In preparation for this meeting, staff coordinated with Jim Rue, DLCD Director and his colleagues on March
8. Deschutes County has a long standing strong relationship with DLCD. This has enabled a productive and
respectful dialogue over various approaches and interpretations of Oregon Revised Statutes (ORS) and OARS
as they relate to farm and forest land designations.
Since 2009, County planning staff, in coordination with DLCD and other partner organizations, have
thoroughly vetted the following approaches:
• Big Look Bill — HB 2229, 2009
• Exceptions to Statewide Goals 3 and 4
• Non -resource Lands
• Regional Problem Solving
Unfortunately, during the May 8 meeting, County staff and DLCD staff reviewed the history and status of
these options and confirmed that no options exist under State law for Deschutes County to correct its land
use inventory of EFU and Forest Use zoned properties.
Director Rue also explained that the Land Conservation and Development Commission (LCDC) Policy Agenda
for the next several years will not likely prioritize Non -resource Lands rulemaking due to other demands.
Director Rue and his team will discuss these and related issues and answer questions with the Board at the
March 17 meeting.
-2-
ES CMG
Q 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 March 17, 2021
DATE: March 10, 2021
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Discussion of OSHA Draft COVID-19 Workplace Rules
RECOMMENDATION & ACTION REQUESTED:
Discuss and provide staff direction.
BACKGROUND AND POLICY IMPLICATIONS:
See attached staff report.
FISCAL IMPLICATIONS:
A1
None.
ATTENDANCE: Deputy County Administrator Erik Kropp
Date: March 10, 2021
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator
Re: OSHA's Temporary COVID-19 Work Place Rules
On November 6, 2020, OSHA adopted a temporary rule on work place regulations related to
COVID-19. The temporary rule expires on May 4, 2021; OSHA is proposing to extend the
temporary rule in the form of a "permanent" rule and to also modify the rule. Staff will discuss with
the Board if there is interest to submit comments to OSHA on the proposed rules. The comment
periods ends on April 2, 2021.
According to OSHA, the current temporary rule cannot be extended and the only way to continue
the regulations is by adoption of a permanent rule. OSHA is proposing that the permanent rule
would be repealed once it is no longer necessary. As with the temporary rule, the proposed
permanent rule maintains such requirements as physical distancing; use of face coverings; employee
notification and training; and formal exposure risk assessment and infection control planning.
The draft permanent rule would also add measures and strengthen provisions in certain areas.
Attached is a summary table of the proposed changes along with a two -page overview of the
proposed permanent rule published by OSHA. Please let me know if you would like a hard copy of
the proposed rule, Oic n OSIiA's„Proposal on Rules Addressint* the COVID-19 Public Health
Emergency in All Oregon Workplaces (the document is 105 pages).
1300 IOW Wah Street Bend, Oregon 97703
1_%(541)383-6584 @a enl<,i<ropp@deschutcs.org @vvww:deschuutes.org
OSHA Summary of Proposed Changes to COVID-19 Workplace Temporary Rule
Item
Current language
Proposed language
Staff comments
1. Duration
Temporary Rule
Temporary Rule becomes a
The permanent rule could be
remains in effect
permanent rule — OSHA says it
tied to the Governor's public
until May 4, 2021
intends to repeal the rule when it
health emergency executive
is no longer necessary and will
order.
consult with OHA and others to
determine when to re eal.
2. Multiple
When more than
Same face covering requirement.
The proposed language will
people in a
one person (not
New language discourages
have little impact on County
single vehicle
from the same
multiple people in a vehicle,
operations.
household) is in a
outside air must be increased,
work vehicle, face
maximum separation of
coverings are
individuals in the vehicle.
required.
3. HVAC
Employer must
Employers with 10+ employees
Facilities staff is prepared to
systems
optimize outside
must certify in writing that they
implement. Although there is
air circulation.
are running their systems in line
some ambiguity in current
with current requirements, but are
rule related to filters and
not required to replace system.
maintenance. Certification
requirement may have more
of an impact on a small
business.
4. Employee
If an employee
Requires employers to provide
No issue with implementing.
rights
quarantines,
written notification to an
he/she entitled to
employee of their rights to return
return to job once
to work after quarantining and
the quarantine
provide information about paid
period is over.
time off.
5. Vaccination
Not discussed.
Requires employers to cooperate
Support change.
in the
with public health authorities if
workplace
asked to arrange for vaccination
in the workplace. This proposed
requirement is similar to the
temporary rule's provision
mandating cooperation with
public health officials if COVID-
19 testing in the workplace is
necessary.
'1 300 NVv Wall Street Be,;d, Oregon 97703
�i)388- 8,'l @ org @ wwvv desciutes.org
LOSMA
Department of Consumer & Business Services February 1, 2021
The Proposed "Permanent" COVID-19 Rule Compared to the Temporary Rule
On January 29, Oregon OSHA formally proposed a "permanent" COVID-19 rule to replace the temporary rule,
which expires May 4, 2021. Based on discussions within both rulemaking advisory committees, the proposed
rule is limited to addressing COVID-19 (and will be repealed when it is no longer necessary for that purpose). It is
largely based on existing provisions of the temporary rule. This document provides a comparison between the
existing temporary rule and the proposed rule on which Oregon OSHA is accepting public comment.
1. The Risk Assessment, Infection Control Plan, and Infection Control Training completed under the temporary
rule would not need to be revised or repeated based on the adoption of the new rule.
Those provisions of the rule addressing the Risk Assessment, Infection Control Plan, and Infection Control
Training and unchanged from the temporary rule, to ensure that employers who have already satisfied those
requirements will not need to change them simply because of the transition from the temporary to the
permanent rule.
2. Face shields remain an option for source control, although the language discouraging their use unless
necessary has been strengthened in the proposed rule.
The proposed rule continues to reflect the recognition by Oregon OSHA (and the Oregon Health Authority) that
face shields are not ideal but they should remain a compliant option for reasons related to practicality,
accommodation needs, and user acceptance.
3. The proposed rule includes language encouraging employers to consider alternatives to transporting multiple
persons.
The proposed rule will require consideration of alternatives to transporting multiple persons to the extent
practical but will not prohibit multiple employees in a single vehicle. It retains the temporary rule's requirement
that employees in a vehicle where others are not using source control must be provided with respiratory
protection.
4. The ventilation requirements are modified slightly in the proposed rule but are largely unchanged, except for a
requirement that employers with more than 10 employees attest that they are running their ventilation
system in accordance with the rule.
Like the current rule, the proposed rule does not require installation of new ventilation. It does include a
requirement to check the system at least quarterly and a requirement that employers with more than 10
employees attest that they are running their ventilation system in accordance with the rule.
5. The proposed rule notes that COVID-19 exposure records are covered by the existing record retention
requirements
Although not a substantive change, the proposed rule provides a note clarifying that reports of exposure under
the COVID-19 rule are exposure records covered by the existing rule governing the retention of medical and
exposure records, which currently requires retention for 30 years.
6. The proposed rule would require written notification of return rights when employees must quarantine.
The proposed rule requires written notification of return rights — the rights themselves are the same as in the
current rule, but the written notification is new. The proposed rule would also encourage, but not require,
employers to provide details about leave options.
Z The proposed rule addresses vaccination with a requirement similar to the existing requirement related to
testing.
The proposed rule will include language requiring cooperation with public health authorities who ask to arrange
for vaccination in the workplace. It also includes a note indicating that Oregon OSHA and OHA strongly
encourage vaccination by anyone who has the option to do so as soon as they have the option to do so.
8. The proposed rule requires certain exceptional risk employers to have a written PPE supply and crisis
management plan.
The details of the plan are not specified, and many of the affected employers are likely to already have such
plans in place.
9. The proposed rule requires health care employers to provide respirators to employees working with known or
suspected COVID-19 positive patients unless such respirators are unavailable.
By requiring that such respirators be provided unless the employer can demonstrate that there is a genuine
shortage and is working to resolve that shortage, the rule is consistent with recommendations from both OHA
and the CDC that respirators be used in such situations unless they are unavailable.