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2021-197-Minutes for Meeting May 03,2021 Recorded 5/13/2021ES Cp�� -A BOARD F ' Recorded in Deschutes County CJ2021-197 COMMISSIONERS Nancy Blankenship, County Clerk commissioners' Journal 05/13/2021 10:16:32 AM 1300 NW Wall Street, Bend, Oregon 111111111I'�II'I�IIII�I�'III�II �USE.s co (541 ) 388-6570 c�' 2021-197 FOR RECORDING STAMP ONLY 0 •1J Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Anthony DeBone and Phil Chang. Commissioner Patti Adair was absent/excused. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; 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. Consideration of Assessment and Taxation Grant Application and Adoption of Resolution No. 2021-022 County Assessor Scot Langton presented the item for consideration. This is an annual application with the Oregon Department of Revenue and the funds are collected through recording fees and delinquent tax and are then used for the budget of assessment and taxation services. CHANG: Move Approval of Resolution No. 2021-022 DEBONE: Second BOCC MEETING MAY 3, 2021 PAGE 1 OF 5 VOTE: CHANG: Yes ADAIR: Absent/excused DEBONE: Yes 2. Consideration of Request to Convert Psychiatric Nurse Practitioner Position to Psychiatrist Health Services staff Janice Garceau and Dr. Will Berry presented via Zoom conference call. The request is to convert an existing vacant nurse practitioner position to a part time psychiatrist position. The Board acknowledged support of the request. The resolution will be presented at the Wednesday May 5, 2021 BOCC meeting. 3. Consideration of Board Acceptance of Central Oregon Health Council Regional Childhood Immunization Data Quality improvement Funds Health Services staff Jill Johnson and Rita Bacho presented via Zoom conference call. The Central Oregon Health Council has granted $20,213.76 to the department of Health Services to support immunization data quality improvement. CHANG: Move acceptance of the grant award DEBONE: Second VOTE: CHANG: Yes ADAIR: Absent/excused DEBONE: Chair votes yes. Motion Carried 4. Consideration of Approval to Accept Certified Local Government (CLG) Grant Award BOCC MEETING MAY 3, 2021 PAGE 2 OF 5 Community Development Department Senior Planner Tanya Saltzman presented the announcement of the grant award in the amount of $12,000. The funds received will be used for historic preservation activities. CHANG: Move acceptance of the grant award DEBONE: Second VOTE: CHANG: Yes ADAIR: Absent/excused DEBONE: Chair votes yes. Motion Carried S. CDD 2020 Annual Report & Draft 2021-22 Work Plan Community Development Department Director Nick Lelack presented the draft work plan along with staff present via Zoom conference call Peter Gutowsky, Todd Cleveland, Randy Scheid, and Chris Gracia. A public hearing is scheduled for Wednesday, May 12. Mr. Lelack identified the many locations to review a copy of the work plan document and reported on the department's activity highlights from 2020 and anticipated projects for the coming year. Building Official Randy Scheid presented and highlighted the building division's growth and work load increases. Efficiencies have increased by cutting travel time in increasing inspections because of the work that is able to be done remotely. Three new staff will start work on June 1. Environmental Soils Supervisor Todd Cleveland presented the division's services to the community with a portion of the workload performed through remote work. Mr. Cleveland commented on ground water systems and one goal to create a plan on sampling water. Financing options for new waste water solutions will be necessary for the community. Commissioner Chang inquired whether the American Rescue Plan funding would be able to assist with staffing constraints and helping the community to be stronger with their waste water systems. Commissioner Chang would look for options for the community for financing. BOCC MEETING MAY 3, 2021 PAGE 3 OF 5 Planning Manager Peter Gutowsky highlighted the accomplishments of 2020 including the development and operations of virtual meetings/hearings and the general growth and activity in Deschutes County. Mr. Gutowsky commented on code amendments that have resulted in positive outcomes and recognized the county's partnership with the habitat conservation plan. The Planning Commission is interested in assisting the Commissioners through more involvement to create a refinement process relating to the department's work plan. Clarification that the work plan will be presented during a public hearing on Wednesday May 12. Commissioner Chang requested information on the department's capacity to provide services within the constraints of funding and whether other sources of funding (apart from fees) need to be considered. Commissioner DeBone sees the public market place for broadband and inquired on the relationship to general land use concepts. Discussion held on the future of community energy plans. OTHER ITEMS: Commissioner DeBone reported on a letter from the United States Department of Agriculture requesting review of the draft environmental assessment plan regarding the Lone Pine Irrigation District. There is a community meeting on May 5. • Commissioner Chang reported on a site visit to the Hunnell Road area where there is a homeless community and discussions with those camped there. • Commissioner DeBone visited the site of the Veterans Village as well as the mass vaccination clinic. BOCC MEETING MAY 3, 2021 PAGE 4 OF 5 EXECUTIVE SESSION: At the time of 2:39 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. At the time of 3:05 p.m., the Board came out of Executive Session and directed staff to proceed as discussed. Mf F Being no further items to come before the Board, the meeting was adjourned at 3:05 p.m. DATED this Day of 2021 for the Deschutes County Board of Commissioners. ANTHONY NE, CHAIR IL CLANG, VICE CHAIR -�M - ATTI ADAIR, COMMISSIONER t r � BOCC MEETING MAY 3, 2021 PAGE 5 OF 5 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 1:00 PM, MONDAY, MAY 3, 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/meetins. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been conducted primarily in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. In Person Attendance: Limited due to Virus restrictions. Please contact Sharon Keith at sharon.keith@deschutes.org prior to the meeting to request in person attendance. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: 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, May 3, 2021 Pagel 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. 1:00 PM Consideration of Assessment and Taxation Grant Application and Adoption of Resolution No. 2021-022 - Scot Langton, County Assessor 2. 1:15 PM Consideration of Request to Convert Psychiatric Nurse Practitioner Position to Psychiatrist -Janice Garceau, BH Deputy Director 3. 1:30 PM Consideration of Board Acceptance of Central Oregon Health Council Regional Childhood Immunization Data Quality Improvement Funds - Nahad Sadr-Azodi, Public Health Deputy Director 4. 1:45 PM Consideration of Approval to Accept Certified Local Government (CLG) Grant Award - Tanya Saltzman, Senior Planner 5. 2:00 PM CDD 2020 Annual Report & Draft 2021-22 Work Plan - Nick Lelack, Community Development Director 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. Board of Commissioners BOCC Meeting Agenda Monday, May 3, 2021 Page 2 of 3 ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. rJol 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 03 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, May 3, 2021 Page 3 of 3 �\)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 May 3, 2021 DATE: April 28, 2021 FROM: Janice Garceau, Health Services, TITLE OF AGENDA ITEM: Consideration of Request to Convert Psychiatric Nurse Practitioner Position to Psychiatrist RECOMMENDATION & ACTION REQUESTED: Staff request approval to convert existing Psychiatric Nurse Position to Psychiatrist position. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Health Services (DCHS) requests permission to convert an existing, vacant 0.50 full-time equivalent (FTE) Psychiatric Nurse Practitioner (position 1618) to a 0.50 FTE Psychiatrist. To cover the cost, DCHS will use resources made available by the reduction of an existing 1.0 FTE Psychiatrist (position 1707) to 0.8 FTE as of June 1, 2021. This will allow DCHS to hire a child psychiatrist for 20 hours per week, effective June 1, 2021, to provide comprehensive care for complicated and high -risk children, including children with eating disorders, co -morbid addiction disorders, and developmental and intellectual disabilities. The addition of this psychiatrist position, along with our contracted psychiatrist, will allow DCHS to provide top-notch, in -person child psychiatric coverage for our Child & Family services at Courtney as well as our Intensive Youth Services Program. Child Psychiatry is a highly valuable specialty which is often difficult to fill, particularly for public agencies that are not able to match lucrative compensation available in private practice. FISCAL IMPLICATIONS: The cost differential to hire a 0.5 FTE Psychiatrist in lieu of a 0.2 FTE Psychiatrist (step 2) and 0.5 FTE Psychiatric Nurse Practitioner in FY 2022 is $8,422. The additional position cost will be covered in FY 2022 through generated Certified Community Behavioral Health Clinic prospective payment (CCBHC PPS). ATTENDANCE: Will Berry, Medical Director; Janice Garceau, Behavioral Health Director vS ES CpGZ 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 May 3, 2021 DATE: April 28, 2021 FROM: Nahad Sadr-Azodi, Health Services, TITLE OF AGENDA ITEM: Consideration of Board Acceptance of Central Oregon Health Council Regional Childhood Immunization Data Quality Improvement Funds RECOMMENDATION & ACTION REQUESTED: Staff recommend accepting Central Oregon Health Council (COHC) Regional Childhood Immunization Data Quality Improvement Funds. BACKGROUND AND POLICY IMPLICATIONS: The Central Oregon Health Council granted $20,213.76 to Deschutes County Health Services to support immunization data quality improvement in the Central Oregon region. These funds will be used to hire a temporary Data Quality Specialist (Public Health Educator II equivalent) who will work with local healthcare partners (PacificSource and pediatric provider clinics) to clean up immunization data and identify children due or past due for vaccinations. In addition, a process will be created to schedule children in their home clinics to ensure they are up-to-date on immunizations. The temporary position will begin July 1, 2021, and end when the funds are exhausted, estimated to be September, 2021. FISCAL IMPLICATIONS: County will receive $20,213.76 for expenditure on temporary help during Fiscal Year 2022. ATTENDANCE: Jill Johnson, Communicable Disease Programs Supervisor; Rita Bacho, Public Health Advancement & Protections Program Manager ES CpGZ 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 May 3, 2021 DATE: April 27, 2021 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Consideration of Approval to Accept Certified Local Government (CLG) Grant Award Staff requests Board approval to accept a $12,000 2021-2022 Certified Local Government (CLG) grant for historic preservation activities. MEMORANDUM DATE: April 28, 2021 TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner RE: Consideration of Approval to Accept Certified Local Government Grant Award REQUEST Staff requests Board approval to accept a $12,000 2021-2022 Certified Local Government (CLG) grant for historic preservation activities. The State Historic Preservation Office (SHPO) notified the Community Development Department of the intention to award this grant on April 26, 2021. Staff provided an overview to the Board of County Commissioners of the grant on February 17, 2021, and the application deadline was February 26, 2021. If the grant award is accepted, Community Development must return the signed agreement to SHPO by May 26, 2021. Per County procedure, Nick Lelack, Community Development Director, has the authority to sign agreements up to $25,000 and as such will sign this agreement. The grant period concludes on August 31, 2022. OVERVIEW Every twenty-four months, SHPO offers matching grants to jurisdictions that have been "certified" as historic preservation partners with both state and federal governments. Since 1986 Deschutes County has been a CLG and is therefore eligible for grant funding. Over several grant cycles, our historic preservation program identified historic resources, offset costs associated with staffing the Historic Landmarks Commission (HLC), educated the public, and preserved historic structures. The CLG grant is non-competitive, which assures that all CLGs throughout the state benefit. Originally, staff was informed that the maximum grant award for this cycle was $10,000, but owing to fewer than expected applicants, Deschutes County was ultimately awarded $12,000 and will conduct its grant asks accordingly (including the required 1:1 match of local funds and/or donated services/supplies). As mentioned above, Deschutes County has been a recipient of CLG funds for decades. CDD staff relies on the professional input and direction of the HLC, an appointed body that provides technical expertise on historic and cultural resource issues for the rural county and the City of Sisters. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q (541) 388-6575 @ cdd@deschutes.org 0 www.deschutes.org/cd This year, the City of Sisters took an active role in providing potential projects for the grant, and the projects that were be submitted are reflective of that participation —notably, an update to the Sisters StoryMap that provides information on its 2018 reconnaissance level survey (RLS), and other Sisters public education and outreach. In addition, the ongoing uncertainty with respect to the COVID-19 pandemic has shifted the emphasis away from in -person projects such as commissioner training, tours, etc. and into other avenues. A full outline and cost breakdown of grant tasks is provided in the attached grant agreement. Attachment: Grant Agreement - 2021 Certified Local Government Grant (OR-21-07) Page 2 of 2 pF y^O a' at c reegon .•.�halr Brown, Governor April 26, 2021 Tanya Saltzman Deschutes County PO Box 6005 Bend, OR 97708 Dear Tanya: Parks and Recreation Department State Historic Preservation Office 725 Summer St NE Ste C Salem, OR 97301-1266 Phone (503) 986-0690 Fax (503) 986-0793 t�•�o���.��rc};onherita;;c.org e Congratulations! Your application for a 2021 Certified Local Government Grant has been funded for the amount and purpose listed below. Grant Amount: $12,000 Grant No.: 012-21-07 Start Date: 4/1/2021 End Date: 8/31/2022 Summary: Public education activities including; a story map and promotion of the recent Reconnaissance Level Survey. Complete Historic Landmark Commission manual and strategic plan. Review and Compliance. Grant Administration. Attached is a copy of your grant agreement packet. Carefully review the scope of work and requirements for each category to be sure they are summarized correctly. Have the authorized person electronically sign the agreement within 30 days; if not signed in that period, it will be assumed that you are not accepting the grant award. We will return a signed copy and grant reporting information at that time. I am looking forward to workin.0 with you. Please let me know if you have any questions, and, again, congratulations and best wishes for a successful project. Sincerely, Kuri Gill Grant and Outreach Coordinator (503)986-0685 Kuri.GiI] tr oregon.gov Enclosures Grant Agreement 2021 Certified Local Government Grant (OR-21-07) This Agreement is made and entered into, by and between, the State of Oregon, acting by and through Oregon Parks and Recreation Department (OPRD), Heritage Programs, hereinafter referred to as the "State" and: Deschutes County PO Box 6005 Bend, OR 97708 or designated representative, hereinafter referred to as the "Grantee." 1. GENERAL PURPOSE: The general purpose of this agreement is: to undertake the heritage -related project as detailed in Attachment A. 2. AGREEMENT PERIOD: The effective date of this Agreement is the date on which it is fully executed by both parties. Unless otherwise terminated or extended in writing, the Project shall be completed by 8/31/2022. If project is completed before the designated completion date, this Agreement shall expire on the date final reimbursement payment is made by OPRD to Grantee. Unless otherwise terminated or extended, Grant Funds under this Agreement shall be available for Project Costs incurred on or before the Project Completion Date. No Grant Funds are available for any expenditures after the Project Completion Date. 3. GRANT FUNDS: The State agrees to pay the Grantee a maximum reimbursement amount of $12,000, for costs authorized under this agreement. 4. AGREEMENT DOCUMENTS: Included as Part of this Agreement are: Attachment A: Scope of Work Attachment B: Information required by 2 CFR § 200.331(a)(1) Attachment C: Standard Terms and Conditions Attachment D: Reporting and Payment — Historic Preservation Fund Grants Attachment E: Insurance Requirements In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents is as follows, listed from highest precedence to lowest precedence: this Agreement without Attachments; Attachment A; Attachment C; Attachment D; Attachment B; Attachment F; Attachment E. Contact Information: A change in the contact information for either party is effective upon providing written notice to the other party: Grantee Administrator Tanya Saltzman PO Box 6005 Bend, OR 97708 Tanya.saltzman@Deschutes.org Grantee Billing Contact Tanya Saltzman PO Box 6005 Bend, OR 97708 Tanya.saltzman@Deschutes.org OPRD Contact Kuri Gill Grant and Outreach Coordinator Oregon Heritage Oregon Parks & Recreation Dept 725 Summer St NE, Suite C Salem, OR 97301 (503) 986-0685 Kuri.Gill@oregon.gov rev 3119 Page I of2 Contractor or Sub -Recipient Determination: In accordance with the State Controller's Oregon Accounting Manual, policy 30.40.00.102, OPRD's determination is that: W Recipient is a sub -recipient; OR El Recipient is a contractor. 5. SIGNATURES: In witness thereof: the parties hereto have caused this Agreement to be properly executed by their authorized representatives as of the last date hereinafter written. GRANTEE: Signature, Authorized Representative Name and Title of Signer (Type or Print) STATE: Christine Curran, Deputy State Historic Preservation Officer OPRD Heritage Programs Date Date rev 3119 Page 2 ai2 Attachment A -- Scope of Work 2021 Certified Local Government Grant (OR-21-07) Grantee: Deschutes County p „ Grant Amount: $12,000� Match Amount: $12,000 Estimated Overmatch: Project Summary: Public education activities including a story map and promotion of the recent Reconnaissance Level Survey. Complete Historic Landmark Commission manual and strategic plan. Review & compliance. Grant administration. The grant funds and matching local contributions will be used to accomplish the work items detailed in the Budget and Work Description sections that follow. OPRD Heritage Programs staff must approve any changes to this Scope of Work. PROPOSED BUDGET 1 • Administration Staff time 2 • Public Education - CLG Staff time Printing, Publication, Design, etc. Contractor/Consultant 3 • Review and Compliance Materials & Equipment Staff time 1- Administration $1,500 Total $1,500 $1,800 $4,500 $7,500 Total $13,800 $200 $8,500 Total $8,700 Total Project Budget $24,000 WORK DESCRIPTION $1,500 Products: Grant administration including tracking grant expenses and submitting grant report and reimbursement requests. Standards and Provisions: Project Standards: - Allowable costs and services must be related to the administration of this grant: application/contract processing, project oversight, reimbursement requests, etc. - Any purchases or contracts for services over $10,000 should follow appropriate procurement procedures, including obtaining at least three estimates. 2 • Public Education - CLG $13,800 Products: Public education activities including a story map and promotion of the recent Reconnaissance Level Survey in Sisters. Standards and Provisions: Attachment A for Certified Local Government Grant # OR-21-07 Page 1 of 3 Project Standards: • Prior to starting the public education project, the grant recipient must receive written approval from Oregon Heritage on the final work plan and final draft of publications prior to printing and distribution. • Any purchases or contracts for services over $10,000 should follow appropriate procurement procedures, including obtaining at least three estimates. • Prior to publication, a draft of all products, newsletters, brochures, etc. must be submitted to and approved by Oregon Heritage. • Information in all interpretive materials must be authentic and documented. • All reports and publications related to this project must give credit to the State Historic Preservation and National Park Service. "This publication has been funded with the assistance of a matching grant-in-aid from the Oregon State Historic Preservation Office and the Historic Preservation Fund, National Park Service, Department of the Interior. Any opinion, findings, and conclusions or recommendations expressed in this material do not necessarily reflect the views of the Department of the Interior. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Office of Equal Opportunity, National Park Service, 1201 Eye Street, NW (2740) Washington, DC 20005" "The activity that is the subject of this [type of publication] has been financed [in part/entirely] with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior." • Pictures of exhibits, programs and events are required for reimbursement. Digital images of 300dpi or higher are required. • Copies of flyers, articles, programs, publications, etc. are required for reimbursement. 3 - Review and Compliance $8,700 Products: Process applications and coordinate commission meetings. Complete a commission manual and strategic plan. Standards and Provisions: Project Standards: • Eligible costs and activities include those related to local "design review" as well as to participation with the SHPO in state or federal compliance activities for properties within the local government's boundaries. • Activities and products must be consistent with local, state, and federal preservation standards and guidelines, including the National Register bulletin "How to Apply the National Register Criteria for Evaluation" and the Secretary of the Interior's "Standards for Rehabilitation". The grantee must maintain records of cases it reviews and the decisions it make. • Any purchases or contracts for services over $10,000 should follow appropriate procurement procedures, including obtaining at least three estimates. • All reports and publications related to this project must give credit to the State Historic Preservation and National Park Service. "This publication has been funded with the assistance of a matching grant-in-aid from the Oregon State Historic Preservation Office and the Historic Preservation Fund, National Park Service, Department of the Interior. Any opinion, findings, and conclusions or recommendations expressed in this material do not necessarily reflect the views of the Department of the Interior. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination on the basis of race, color, national origin, age or Attachment A for Certified Local Government Grant # OR-21-07 Page 2 of 3 handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Office of Equal Opportunity, National Park Service, 1201 Eye Street, NW (2740) Washington, DC 20005" "The activity that is the subject of this [type of publication] has been financed [in part/entirely] with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior." Attachment A for Certified Local Government Grant # OR-21-07 Page 3 of 3 ATTACHMENT B Information required by 2 CFR § 200.331(a)(1)* Federal Award Identification: 1. Subrecipient name (which must match registered name in DUNS): Deschutes Can 2. Subrecipient's DUNS number: 030805147 3. Federal Award: P21AS00231 4. Federal Award Date: 5. Sub -award Period of Performance Start and End Date: From 41112021 to 8131 20Z2 6. Total Amount of Federal Funds Obligated by the Agreement: 92, 000 7. Total Amount of Federal Funds Obligated to the Subrecipient by the pass -through entity including this Agreement: 8. Total Amount of Federal Award committed to the Subrecipient by the pass -through entity: 9. Federal Award Project Description: Public education activities including a story map and promotion of the recent Reconnaissance Level Survey. Complete Historic Landmark Commission manual and strategic plan. Review & compliance. Grant administration. 10. Name of Federal awarding agency, pass -through entity, and contact information for awarding official of the pass -through entity: (a) Name of Federal awarding agency: National Park Service (b) Name of pass -through entity: State Parks and Recreation f Oregon (c) Contact information for awarding official of pass -through entity: Christine Curran, Deputy State Historic Preservation Officer State Historic Preservation Office Oregon Parks and Recreation Department 725 Summer Street NE, Suite C Salem, Oregon 97301 11. CFDA Number and Name: 15-904 Historic Preservation Fund Grants in Aid Amount: I2 000 12. Is Award Research and Development? No 13. Indirect cost rate for the Federal award: 0916' *For the purposes of this Exhibit, the term "Subrecipient" refers to the Grantee, and the term "pass -through entity" refers to State Parks and Recreation, Oregon. Attachment C Standard Terms and Conditions — Historic Preservation Fund Grants 1. Authority: ORS 358.590 (3) authorizes the Oregon Parks and Recreation Department to award grants for heritage projects throughout Oregon. 2. Compliance with Law: Grantee shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to implementation of the Project, including without limitation, 36 CFR 61.6 and Chapter 9 of the Historic Preservation Fund Grant Manual. 3. Work Plan Approval: Prior to commencing the project described in Attachment A, Grantee shall receive approval on a final work plan from the State. 4. Amendments: This Agreement may be amended only by a written amendment to the Agreement, executed by the parties. Notwithstanding any other provision to the contrary, if Grantee seeks any changes in either the Project Scope or the Project Budget (a "Project Change") Grantee must obtain prior approval of State as specified below. The Grantee shall be fully responsible for all costs that occur outside the established Project Scope, schedule or budget and prior to State's approval of a Project Change. State may in its sole discretion, approve or disapprove of any proposed Project Change in Project Scope or Project Budget. In the event State approves Project Change, such Change must be reduced to writing and implemented as an amendment to this Agreement. The following Project Changes must be approved by State to be eligible for funding under this Agreement: a. Any significant change or reduction in the Scope of Work described in the Project Description of Attachment F (Project Application, including the Project description and project budget). b. Any deviation from the original Project Budget set forth in Attachment F. Any budget change request must explain in detail what change is requested, the reason for the requested change, and any efforts that Grantor has made or will make to mitigate the effect of the proposed budget change. 5. Employment Practices Clause: In carrying out its responsibilities under this agreement, the Grantee shall not deny benefits to or discriminate against any person on the basis of race, religion, sex, color, national origin, family status, marital status, sexual orientation, age, creed, and source of income or mental or physical disability, and shall comply with all requirements of federal and state civil rights statutes, rules and regulations including: • Title VI of the Civil Rights Act of 1964 (42 USC 200d et. seq.). • Section 504 of the Rehabilitation Act of 1973 (20 USC 794). • Title IX of the Education Amendments of 1972 (20 USC 1681 et. seq.). • Americans with Disabilities Act of 1990 (42 USC sections 12101 to 12213). • ORS 659.400 to 659.460 relating to civil rights of persons with disabilities. 6. Records Maintenance and Access; Audit: Grantee shall document, maintain and submit records to OPRD for all Project expenses in accordance with generally accepted accounting principles, and in sufficient detail to permit OPRD to verify how Grant Funds were expended. Grantee shall ensure that each of its subgrantees and subcontractors complies with these requirements. a. Access to Records and Facilities. OPRD, the Secretary of State of the State of Oregon (Secretary), the United States Department of the Interior, or their duly authorized representatives shall have access to the books, documents, papers and records of Grantee that are directly related to this Agreement, the funds provided hereunder, or the Project for the purpose of making audits and examinations. In addition, OPRD, the Secretary, the United States Department of the Interior and their duly authorized representatives may make and retain excerpts, copies, and transcriptions of the foregoing books, documents, papers, and records. Grantee shall permit authorized representatives of OPRD, the Secretary, or their designees to perform site reviews of the Project, and to inspect all vehicles, real (revised 2/21) property, facilities and equipment purchased by Grantee as part of the Project, and any transportation services rendered by Grantee. b. Retention of Records. Grantee shall retain and keep accessible all books, documents, papers, and records that are directly related to this Agreement, the Grant Funds or the Project for a minimum of six (6) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following expiration or termination of this Agreement. If there are unresolved audit questions at the end of the six -year period, Grantee shall retain the records until the questions are resolved. c. Audit Requirements. i. Grantees receiving federal funds in excess of $750,000 in a fiscal year are subject to audit conducted in accordance with 2 CFR Part 200, Subpart F. If subject to this requirement, Grantee shall, at Grantee's own expense, submit to State, a copy of, or electronic link to, its annual audit subject to this requirement covering the funds expended under this Agreement. ii. Grantee shall save, protect and hold harmless State from the cost of any audits or special investigations performed by the Secretary with respect to the funds expended under this Agreement. Grantee acknowledges and agrees that any audit costs incurred by Grantee as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under this or any other agreement between Grantee and either State or State of Oregon. 7. Matching Funds: The Grantee shall contribute matching funds or the equivalent in labor, materials, or services, which are shown as eligible match in the rules, policies and guidelines for the CLG Grant Program. Volunteer labor used as a match requires a log with the name of volunteer, date volunteered, hours worked, location worked at and rate used for match to be eligible. 8. Duplicate Payment. Grantee is not entitled to compensation or any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Oregon or the United States of America or any other party, organization or individual. 9. Inspection of Equipment and Project Property: Grantee shall permit authorized representatives of State, the Secretary, or their designees to perform site reviews of the Project, and to inspect all Equipment, real property, facilities, and other property purchased and any property on which development work was completed by Grantee as part of the Project services rendered by Grantee. 10. Preservation Agreements and Covenants: Development projects on historic properties are subject to a preservation agreement between Grantee and the State Historic Preservation Office. 11. Tax Obligations: Grantee will be responsible for any federal or state taxes applicable to payments under this Agreement. 12. Indemnity Clause: The Grantee shall defend, save, and hold harmless State and, its officers, agents, employees and members, from all claims, suits or actions of whatever nature resulting from or arising out of the activities of the Grantee or its contractors, agents or employees under this Agreement. 13. Governing Law: The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. 14. Condition for Disbursement: Disbursement of grant funds by OPRD is contingent upon the following: a. OPRD having received sufficient funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow OPRD, in the exercise of its reasonable administrative discretion, to make the disbursement; b. Grantee's compliance with the terms of this Agreement, including all Attachments; and (revised 2/21) c. Grantee's representations and warranties set forth in Section 15 hereof are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. 15. Repayment: In the event that the Grantee spends Grant Funds in any way prohibited by state or federal law, or for any purpose other than the completion of the Project, the Grantee shall reimburse the State for all such unlawfully or improperly expended funds. Such payment shall be made within 15 days of demand by the State. Any funds disbursed to Grantee under this Agreement that remain unexpended on the earlier of termination of expiration of this Agreement must be returned to State. Grantee shall return all such unexpended funds to State within 14 days after the earlier of expiration or termination of this agreement. 16. Independent Contractor. Grantee shall perform the Project as an independent contractor and not as an agent or employee of OPRD. Grantee has no right or authority to incur or create any obligation for or legally bind OPRD in any way. OPRD cannot and will not control the means or manner by which Grantee performs the Project, except as specifically set forth in this Agreement. Grantee is responsible for determining the appropriate means and manner of performing the Project. Grantee acknowledges and agrees that Grantee is not an "officer", "employee", or "agent" of OPRD, as those terms are used in ORS 30.265, and shall not make representations to third parties to the contrary. 17. Representations and Warranties of Grantee. Grantee represents and warrants to State as follows: a. Organization and Authority. Grantee is duly organized and validly existing under the laws of the State of Oregon and is eligible to receive the Grant Funds. Grantee has full power, authority, and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Grantee of this Agreement (1) have been duly authorized by all necessary action of Grantee and (2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Grantee's Articles of Incorporation or Bylaws, if applicable, (3) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Grantee of this Agreement. b. Binding Obligation. This Agreement has been duly executed and delivered by Grantee and constitutes a legal, valid and binding obligation of Grantee, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. C. No Solicitation. Grantee's officers, employees, and agents shall neither solicit nor accept gratuities, favors, or any item of monetary value from contractors, potential contractors, or parties to subagreements. No member or delegate to the Congress of the United States or State of Oregon employee shall be admitted to any share or part of this Agreement or any benefit arising therefrom. d. No Debarment. Neither Grantee nor its principals is presently debarred, suspended, or voluntarily excluded from this federally -assisted transaction, or proposed for debarment, declared ineligible or voluntarily excluded from participating in this Agreement by any state or federal agency. Grantee agrees to notify State immediately if it is debarred, suspended or otherwise excluded from this federally -assisted transaction for any reason or if circumstances change that may affect this status, including without limitation upon any relevant indictments or convictions of crimes. The warranties set in this section are in addition to, and not in lieu of, any other warranties set forth in this Agreement, including all Attachments, or implied .by law. 18. Responsibility for Grant Funds: Any Grantee of Grant Funds, pursuant to this Agreement with State, shall assume sole liability for that Grantee's breach of the conditions of this Agreement, and shall, upon Grantee's breach of conditions that requires State to return funds to the federal government, hold harmless and indemnify State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of the Grantee of Grant Funds, the indemnification amount shall be the maximum (revised 2/21) amount of funds available for expenditure, including any available contingency funds or other available non - appropriated funds, up to the amount received under this Agreement. 19. Termination: This contract may be terminated by mutual consent of both parties, or by either party upon a 30- day notice in writing, delivered by certified mail or in person to the other party's contact identified in the Agreement. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. Full credit shall be allowed for reimbursable expenses and the non -cancelable obligations properly incurred up to the effective date of the termination. 20. Entire Agreement: This Agreement, including all Attachments, constitutes the entire Agreement between the parties. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, Agreements, or representations, oral or written, not specified herein regarding this Agreement. The delay or failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by that Party of that or any other provision. The Grantee, by signature of its authorized representative on the Agreement, acknowledges that the Grantee has read this Agreement, understands it, and agrees to be bound by its terms and conditions. 21. Notices: Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, email, or mailing the same, postage prepaid, to Grantee contact or State contact at the address or number set forth in this Agreement, or to such other addresses or numbers as either party may hereinafter indicate. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine, and to be effective against State, such facsimile transmission must be confirmed by telephone notice to State Contact. Any communication by email shall be deemed to be given when the recipient of the email acknowledges receipt of the email. Any communication or notice mailed shall be deemed to be given when received, or five days after mailing. 22. Counterparts: This agreement may be executed in two or more counterparts (by facsimile or otherwise), each of which is an original and all of which together are deemed one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. 23. Severability: If any term or provision of this agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. 24. Super Circular Requirements. Grantee will comply with 2 CFR Part 200, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, including but not limited to the following: a. Property Standards. 2 CFR 200.313, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, which generally describes the required maintenance, documentation, and allowed disposition of equipment purchased with federal funds. b. Procurement Standards. When procuring goods or services (including professional consulting services), applicable state procurement regulations found in the Oregon Public Contracting Code, ORS chapters 279A, 279B and 279C or 2 CFR §§ 200.318 through 200.326, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, as applicable. c. Contract Provisions. The contract provisions listed in 2 CFR Part 200, Appendix 11, or the equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B, that are hereby incorporated into this Exhibit. These are, to the extent applicable, obligations of Contractor, and Contractor shall also include these contract provisions in its contracts with non -Federal entities. (revised 2/21) Attachment D Reporting and Payment — Historic Preservation Fund Grants 1. Grant Payments / Reimbursements: Grant funds are awarded by the State and paid on a reimbursement basis, and only for the Project described in this Agreement; Attachment A, Scope of Work; and the original Application included as Attachment F. The source of the Grant funds is the United States Department of the Interior, National Park Service. To request reimbursement, Grantee shall use OPRD's online grant management system accessible at oprdgrants.org. The request for reimbursement shall include documentation of all project expenses plus documentation confirming project invoices have been paid by Grantee. Grantee may request reimbursement as often as quarterly for costs accrued to date. A progress report submitted to OPRD's online grant management system is required with each reimbursement request. The Grant Funds shall be used solely for the Project described in Attachment A and shall not be used for any other purpose. No Grant Funds will be disbursed for any changes to the Project unless such changes are approved by State by amendment pursuant to the terms of this Agreement. 2. State Fiscal Year -End Request for Reimbursement: Grantee must submit a Progress Report and a Reimbursement Request to OPRD for all Project expenses including matching expenses, if any, accrued up to June 30, of each state fiscal year. The State Fiscal Year -End Reimbursement Request must be submitted to OPRD by July 15t' of each year. 3. Reimbursement Terms: The total estimated project cost is included in the grant agreement. Subject to and in accordance with the terms and conditions of this Agreement, OPRD shall provide Grant Funds to Grantee for the project in an amount not to exceed the amount awarded in the grant agreement, whichever is less, for eligible costs of work completed. Grantee shall accept the Grant Funds and provide Match Funds for the Project as required by the grant. 4. Progress Reports: The Grantee shall report to OPRD regarding the status and progress of the project as follows: For the year one period beginning April 1, ending June 30, 2020: report is due July 15, 2020 For the year one/two period beginning July 1, ending June 30, 2021: report is due July 15, 2021 For the year two period beginning July 1, ending August 31, 2021: report is due Septemberl5, 2021 Progress Reports shall be submitted using OPRD's online grant management system accessible at oprdgrants.org. 5. Retention: OPRD shall disburse up to 90 percent of the Grant Funds to Grantee on a cost reimbursement basis upon approval of invoices submitted to OPRD. OPRD will disburse the final 10 percent of the Grant Funds upon approval by OPRD of the completed Project and Final Report. 6. Final Report: Grantee must submit a Final Progress Report, a Final Reimbursement Request and digital pictures of the completed project to OPRD within 45 days of the Project Completion Date or the required deadlines, whichever is first. OPRD may, at its sole discretion, conduct appropriate inspections of the Project within a reasonable time following submission of the Final Report. Grantee shall assist OPRD and cooperate fully to the satisfaction of OPRD with all inspections that OPRD conducts. (revised 02/21) ATTACHMENT E Insurance Requirements GENERAL. Grantee shall require in its first tier contracts (for the performance of work on the Project) with entities that are not units of local government as defined in ORS 190.003, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before performance under the contract commenc4/25/2021es, and ii) maintain the insurance in full force throughout the duration of the contract. The insurance must be provided by insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to the Oregon Parks and Recreation Department ("OPRD"). Grantee shall not authorize work to begin under contracts until the insurance is in full force. Thereafter, Grantee shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. Grantee shall incorporate appropriate provisions in the contracts permitting it to enforce compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. In no event shall Grantee permit work under a contract when Grantee is aware that the contractor is not in compliance with the insurance requirements. As used in this section, "first tier" means a contract in which the Grantee is a party. TYPES AND AMOUNTS. i. WORKERS COMPENSATION. Insurance in compliance with ORS 656.017, which requires all employers that employ subject workers, as defined in ORS 656.027, to provide workers' compensation coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Employers liability insurance with coverage limits of not less than $500,000 must be included. ii. COMMERCIAL GENERAL LIABILITY. Commercial General Liability Insurance covering bodily injury, death, and property damage in a form and with coverages that are satisfactory to OPRD. This insurance shall include personal injury liability, products and completed operations. Coverage shall be written on an occurrence form basis, with not less than the following coverage amounts: Bodily Injury, Death and Property Damage: $1,000,000 per occurrence (for all claimants for claims arising out of a single accident or occurrence). iii. AUTOMOBILE Liability Insurance: Automobile Liability. Automobile Liability Insurance covering all owned, non -owned and hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for "Commercial General Liability" and "Automobile Liability"). Automobile Liability Insurance must be in not less than the following amounts: Bodily Injury, Death and Property Damage: $1,000,000 per occurrence (for all claimants for claims arising out of a single accident or occurrence). ADDITIONAL INSURED. The Commercial General Liability Insurance and Automobile Liability insurance must include the State of Oregon, OPRD, its officers, employees and agents as Additional Insureds but only with respect to the activities to be performed under the contract. Coverage must be primary and non-contributory with any other insurance and self-insurance. "TAIL" COVERAGE. If any of the required insurance policies is on a "claims made" basis, such as professional liability insurance, either "tail" coverage or continuous "claims made" liability coverage must be maintained, provided the effective date of the continuous "claims made" coverage is on or before the effective date of the contract, for a minimum of 24 months following the later of : (i) the contractor's completion and Grantee's acceptance of all services required under the subagreement or, (ii) the expiration of all warranty periods provided under the contract. Notwithstanding the foregoing 24-month requirement, if the contractor elects to maintain "tail" coverage and if the maximum time period "tail" coverage reasonably available in the marketplace is less than the 24-month period described above, then the contractor may request and OPRD may grant approval of the maximum "tail " coverage period reasonably available in the marketplace. If OPRD approval is granted, the contractor shall maintain "tail" coverage for the maximum time period that "tail" coverage is reasonably available in the marketplace. NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide 30 days' written notice to Grantee before cancellation of, material change to, potential exhaustion of aggregate limits of, or non - renewal of the required insurance coverage(s). CERTIFICATE(S) OF INSURANCE. Grantee shall obtain from the contractor a certificate(s) of insurance for all required insurance before the contractor performs under the contract. The certificate(s) or an attached endorsement must specify: i) all entities and individuals who are endorsed on the policy as Additional Insured and ii) for insurance on a "claims made" basis, the extended reporting period applicable to "tail" or continuous "claims made" coverage. \)T ES CpGZ © { 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 May 3, 2021 DATE: April 28, 2021 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: CDD 2020 Annual Report & Draft 2021-22 Work Plan RECOMMENDATION & ACTION REQUESTED: N/A BACKGROUND AND POLICY IMPLICATIONS: The Community Development Department (CDD) publishes an Annual Report each spring documenting accomplishments for the prior calendar year, and prepares a draft Work Plan for the next fiscal year. The document, CDD 2020 Annual Report and Draft 2021-22 Work Plan reports on CDD's achievements and performance; demonstrates how the department will implement the Board of Commissioners (BOCC) goals and objectives; summarizes the organization, operations, and budget; provides the most up-to-date Portland State University population projections; provides a community involvement report for Planning Commission's annual activities; and proposed projects for the next fiscal year. The Planning Division presents the draft work plan to the Planning Commission each spring. The Planning Commission then conducts a public hearing, deliberates, and provides a recommended Planning Division work plan to the BOCC. Public involvement, including Planning Division input, is an important element in shaping the work plan each year. CDD then presents the draft Annual Report and Work Plan to the BOCC at work session. The purposes are to summarize the accomplishments and to prepare for the Work Plan public hearing. The Board adopts the Work Plan following the public hearing (often at a subsequent meeting). FISCAL IMPLICATIONS: None. The costs for the department and work projects in the work plan are included in the adopted CDD budget. ATTENDANCE: Nick Lelack, Community Development Director, and CDD Management Team. MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Nick Lelack, AICP, Director CDD Management Team DATE: May 3, 2021 SUBJECT: Work Session — Community Development Department 2020 Annual Report and Draft Fiscal Year 2021-22 Work Plan WORK SESSION PUROSES: 1. To prepare for the Board of County Commissioners (Board) public hearing on the Community Development Department (CDD) 2020 Annual Report and Draft Fiscal Year (FY) 2021-22 Work Plan (Attachment 1). 2. To summarize CDD's 2020 accomplishments (the May 12 public hearing will focus on the Draft FY 2021-22 Work Plan). II. BACKGROUND Each spring, CDD prepares an annual work plan describing proposed projects for the coming fiscal year. A review of the draft work plan provides the Planning Commission, Historic Landmarks Commission, County Administration, CDD's customers and partner agencies, and the Board an opportunity to provide input, including additions, modifications and possible re -prioritization. The work plan describes the most important objectives and proposed projects in each CDD division based on: 1. Board annual goals and policies; 2. Carry-over projects from current or prior years; 3. Changes in state law; 4. Grants/funding sources; and 5. Public comments. It also serves as the context within which new projects that arise during the course of the year are prioritized and initiated. I11. 2020 ACCOMPLISHMENTS & DRAFT FY 2021-22 WORK PLAN The CDD management team will briefly highlight departmental accomplishments in the 2020 in the Annual Report and departmental projects proposed in the Draft FY 2021-22 Work Plan. The foundations of the work plan: • Sustain high customer service levels with increased permitting activity while transitioning to new pandemic business operations. • Implement robust Long Range Planning and Environmental Soils work plans. • Retain and recruit staff. • Continue to improve CDD's website and other electronic services to enhance efficiencies and service delivery. IV. PUBLIC COMMENTS & PLANNING COMMISSION RECOMMENDATIONS The Planning Commission conducted a work session, public hearing, and deliberations on the Draft FY 2021-22 Planning Division Work Plan in March and April. The Planning Division and Commission received significant public comments on the draft work plan (Attachment 2). Most notable were the large number supporting an update to the County's Dark Skies ordinance and small farmers (some affiliated with the High Desert Food & Farm Alliance) expressing concerns over zoning, permitting regulations and fees that "impede on the operations and growth of many farm and ranch businesses." Staff presented three matrices (below) to facilitate the Planning Commission's deliberation and recommendations. Tables 1 and 3 include non -discretionary Planning Division projects and ongoing responsibilities, and are intended to convey the Division's capacity to initiate Table 2 discretionary projects next fiscal year. The Planning Commission's recommendations addressed discretionary projects in Table 2. The Planning Commission's recommendations are included in Table 2, though commissioners individually expressed support for other projects in Tables 1 and 3, particularly project 10 in Table 1: Explore Rural Economic Development Opportunities (agri-tourism, meat processing and other initiatives to support local farming and industry). Schedule PC tour(s) and panels) in the fall with small farmers. -z- Table 1- Non -discretionary Projects, Grant -Supported, County Code Maintenance or Expected State Ordinance, In -Process Category Projects Comments 1. Tumalo Community Plan Update and Sisters Rural Trails Update (TGM Grant) 2. Deschutes County Goal 5 Wildlife Grant Supported Inventory Update (DLCD TA Grant) Next steps for projects 2 and 3 may limit capacity and Potential State 3. Wildfire Risk Mitigation (DLCD TA Grant) for concurrent projects Mandates 4. Historic Preservation Certified Local earl in FY2021-22. Y Government Grant (Historic Landmarks Commission Procedures Manual, Strategic Plan) 1. Guest Ranch Text Amendments 2. Amendments to DCC 17.48, Design and Projects 1-6 to be Construction Specifications. completed by June 30, 3. Redmond UGB Amendment / HB 4079 2021. 4. Redmond Fire District/Road Naming Projects 7, 8 and 9 will be Amendment completed by June 30, 5. Marijuana Housekeeping Amendments 2021, but may be 6. Westside Transect Amendments extended for subsequent actions per Board 7. Natural Resource Stewardship Position direction. 8. Limiting hemp production in Rural Residential Exception Areas; Project 10 will be In -Process reevaluating operating hours for completed by June 30, marijuana retail; and reevaluating 2021, but the local annual reporting requirements for farmer panel and tour(s) marijuana operations will be scheduled for fall 2021 (unless local 9. Campgrounds, Mobile Home and RV farmers are available to Parks, only after presentation of participate on a panel Research Paper to Board and conduct tour(s) 10. Explore Rural Economic Development during the agricultural Opportunities (agri-tourism, meat season and harvest. processing and other initiatives to support local farming and industry) Project 11 to continue Schedule PC tour(s) and panel(s) in the through the fiscal year fall with small farmers end. 11. Transportation System Plan (TSP) Update -3- Category . Projects Comments 1. Housekeeping text amendments 2. Minor variance 10% lot area rule for farm and forest zoned properties 3. Nonfarm dwelling code to be consistent with State Law County Code will need to be Maintenance and 4. Outdoor Mass Gatherings to be updated to address these Updates of County addressed more thoroughly issues, but the timing of Code & Agreements initiating the amendments may 5. Re -platting be discretionary 6. Sign code to become consistent with federal law 7. Non -discretionary changes to state law (wildfire hazard mitigation, etc.) Table 2 — Planning Commission Recommendations Category Projects Comments 1. Initiate Comprehensive Plan Update 2024 2. Broadband infrastructure (>100Mb) and affordable connectivity for commerce, education, and quality of life — information gathering panels of experts 3. implement rural ADU legislation, if The Planning adopted. Address short-term rentals If rural ADUs are allowed and Commission prioritized (vacation housing) to address prioritized by the Board, the top five (5) projects competing needs for housing for rural capacity may be limited for as the most impactful for ADUs in particular and all housing types projects in this category early the County. 4. Outdoor and Greenhouse Lighting in FY2021-22. Control Ordinance to comply with new These projects were technologies and Update of 1994 Dark Several projects in Table 1, if proposed by Planning Sky Ordinance carried over or follow-up Commissioners, Board of actions/projects are initiated, Commissioners, the 5. Options to streamline and improve will limit capacity to initiate Public, and Carry -Over permitting process for rural residential projects in Table 2 until mid - Projects areas in resource zones FY2021-22. 6. Coordinate with the Board to establish strategic directions and values for the Planning Commission 7. In conduit hydroelectric generation code amendments 8. Support community organizations scoping a Community Energy Plan -4- Table 3 - Ongoing and Operational Projects: Including under Consideration by Board Category Projects Comments 1. Destination Resort and Overnight Lodging Reporting 2. Support internal County departments (including new landfill siting, update La Pine Newberry Neighborhood Plan & Codes, etc.) Ongoing Operational 3. Marijuana inspections Activities 4. Population forecasting 5. Staff the HLC, Bicycle and Pedestrian Advisory Committee (BPAC), and Mitigation and Advisory Committee (M&E) 6. Participate in State Legislature and Administrative Rulemaking processes 1. Coordination with the Cities of Bend, La Pine, Redmond and Sisters 2. Bend Airport 3. Participation on City and State Growth Regional Coordination Management Committees Duties 4. Bend Metropolitan Planning Organization (MPO) 5. Oregon Department of Transportation (ODOT) V. BOARD PUBLIC HEARING The Board will conduct a public hearing on the Draft FY CDD 2021-22 Work Plan on Wednesday, May 12. Public comments are invited and welcome. Please submit written and email comments to Nick.Lelack@deschutes.org. CDD will coordinate with Communications Director Whitney Hale to issue a press release announcing this public hearing. ATTACHMENTS 1. CDD 2020 Annual Report & Draft 2021-22 Work Plan 2. Public Comments on the Draft 2021-22 Work Plan -5- Attachment 1— CDD Annual Work Plan and Accomplishments Attachment 2 — Public Comments 117 NW Lafayette Avenue P.O. Box 6005 Bend, OR 97703 www.deschutes.org/cd (541) 388-6575 -A COMMUNITY DEVELOPMENT Building Safety Code Compliance Coordinated Services Environmental Soils Planning Introduction............................................................................................................................ 4 Elected& Appointed Officials............................................................................................. 5 Board of County Commissioners FY 2021-2022 Goals & Objectives ....................... 6 PopulationGrowth................................................................................................................ 7 Budget& Organization......................................................................................................... 8 Performance Management............................................................................................... 10 2020 Performance Measures.......................................................................... 10 2021-2022 Performance Measures................................................................ 12 Buildingand Safety.......................................................................................... 12 CodeCompliance............................................................................................. 12 CoordinatedServices.........................................................................................12 EnvironmentalSoils......................................................................................... 12 Planning..............................................................................................................13 Administrative Services.......................................................................................................14 Overview............................................................................................................. 14 2020 Accomplishments.................................................................................... 14 2021-22 Work Plan Projects............................................................................. 15 StaffDirectory.................................................................................................... 15 BuildingSafety...................................................................................................................... 16 Overview............................................................................................................. 16 2020 Accomplishments.................................................................................... 16 2021-22 Work Plan Projects............................................................................. 18 StaffDirectory .................................................................................................... 19 CodeCompliance.................................................................................................................20 Overview............................................................................................................. 20 2020 Accomplishments..................................................................................... 20 2021-22 Work Plan Projects............................................................................ 21 Staff Directory ..............................22 CoordinatedServices..........................................................................................................23 Overview............................................................................................................. 23 2020 Accomplishments.................................................................................... 23 2021-22 Work Plan Projects............................................................................ 24 StaffDirectory.................................................................................................... 24 EnvironmentalSoils.............................................................................................................25 Overview............................................................................................................. 25 2020 Accomplishments.................................................................................... 25 2021-22 Work Plan Projects............................................................................ 27 StaffDirectory .................................................................................................... 27 Planning..................................................................................................................................28 Overview............................................................................................................. 28 2020 Accomplishments.................................................................................... 29 2021-22 Work Plan Projects............................................................................ 34 StaffDirectory .................................................................................................... 36 Community Involvement Report...................................................................................... 37 The Community Development Department (CDD) facilitates orderly growth and development in the Deschutes County community through coordinated programs of Environmental Soils, Building Safety, Code Compliance, Coordinated Services, Planning and education and service to the public. Purpose The 2020 Annual Report and 2021-22 Work Plan highlight the department's accomplishments, goals and objectives and are developed to: • Report on achievements and performance • Implement the Board of County Commissioners (BOCC) goals and objectives. • Implement the Deschutes County Customer Service "Every Time" Standards. • Effectively and efficiently manage organizational assets, capabilities and finances. • Fulfill the department's regulatory compliance requirements. • Enhance the County as a safe, sustainable and highly desirable place to live, work, learn, recreate, visit and more; and • Address changes in state law. Adoption The BOCC adopted this report onjune XXth, 2021, after considering public, stakeholder and partner organization input and Planning Commission and Historic Landmarks Commission recommendations. The Work Plan often includes more projects than there are resources available. CDD coordinates with the BOCC throughout the year to prioritize and initiate projects. Projects not initiated are often carried over to future years. Pandemic Operations CDD provided services under the State's health and safety framework following recommended safety measures to protect staff and customers while providing essential public services to support the Central Oregon economy. 4 CDD Work Plan 2021-22 / 2020 Annual Report BOARD OF COUNTY COMMISSIONERS Anthony DeBone, Chair, January 2022 Phil Chang, Vice Chair, January 2024 Patti Adair, Commissioner, January 2022 COUNTY ADMINISTRATION Tom Anderson, County Administrator I Erik Kropp, Deputy County Administrator PLANNING COMMISSION Les Hudson— At Large ( Chair), 6/30/24 Jessica Kieras—Redmond Area (Vice Chair), 6/30/22 Susan Altman —Bend Area, 6/30/24 Scott Asla— South County Area, 6/30/24 Dale Crawford — At Large, 6/30/23 Maggie Kirby —Bend Area, 6/30/23 Steve Swisher —Sisters Area, 6/30/22 HISTORIC LANDMARKS COMMISSION Kelly Madden,— Unincorporated Area (Chair), 3/31/24 Sharon Leighty— Unincorporated Area (Vice Chair), 3/31/22 Dan Ellingson —Pioneer Association, 3/31 /22 Christine Horting-Jones—Ex-Officio, 3/31/24 Dennis Schmidling— City of Sisters (Secretary), 3/31/24 Rachel Stemach— Bend Area, 3/31/24 BEARINGS OFFICERS GregoryJ. Frank I Stephanie Hicks I Will Van Vactor I Cable Huston LLP BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE Dave Thomson (Chair), 6/30/21 Christopher Cassard (Vice Chair), 6/30/21 Sam Handelman, 6/30/21 Wendy Holzman, 6/30/23 Ann Marland, 6/30/23 Scott Morgan, 6/30/23 Kenneth Piarulli, 6/30/23 Rick Root, 6/30/21 David Roth, 6/30/23 Mark Smith, 6/30/21 Rachel Zakem, 6/30/23 Mason Lacy, 6/30/23 David Green, 6/30/23 5 CDD Work Plan 2021-22 / 2020 Annual Report G Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Safe Communities (SC): Protect the community through planning, preparedness, and delivery of coordinated services. ® Provide safe and secure communities through coordinated public safety and crisis management services, ® Reduce crime and recidivism through prevention, intervention, supervision and enforcement. ® Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters. Healthy People (HP): Enhance and protect the health and well-being of communities and their residents. ® Support and advance the health and safety of Deschutes County's residents. ® Promote well-being through behavioral health and community support programs. ® Help to sustain natural resources and air and water quality in balance with other community needs. ® Continue to support COVID-19 pandemic crisis response and community health recovery. Economic Vitality (EV): Promote policies and actions that sustain and stimulate economic vitality. ® Support affordable and transitional housing options for vulnerable populations through availability of lands, project planning, and appropriate regulation. ® Administer land use policies that promote livability and economic opportunity. • Maintain a safe, efficient and economically sustainable transportation system, • Partner with organizations and manage County assets to attract business development, tourism, and recreation. • Support regional economic recovery from the COVID pandemic. Service Delivery (SD): Provide solution -oriented service that is cost-effective and efficient. ® Ensure quality service delivery through the use of innovative technology and systems. ® Support and promote Deschutes County Customer Service "Every Time" standards, ® Promote community participation and engagement with County government. ® Preserve, expand and enhance capital assets, to ensure sufficient space for operational needs. ® Maintain strong fiscal practices to support short and long term county needs. ® Provide collaborative internal support for County operations. 6 CDD Work Plan 2021-22 / 2020 Annual Report DESCHUTES COUNTY POPULATION FORECAST .100,000 450M0 400,000 350,000 334,042 385,903 432,930 300.000 285,781 I'll M 250,000 235,781 tyti+ KZ , i 198,650 ,r a v v 200,000 187.267 igg 5 157,21.1. 150,000 Z 115.367 rMNP 100,000 74,498 "; 67,142 , } 50,000 23,100 30442 i E - i t L 1960 1970 1980 1990 2000 2010 2018 2021 2030 2,040 2050 2060 2068 This graph provides a snapshot of the County's growth since 1960 and the preliminary 50-year Portland State University, Oregon Population Forecast Program, through 2068. HISTORICAL AND PORTLAND STATE UNIVERSITY FORECAST TRENDS Deschutes County 116,277 157,905 1.9% 198,650 301,999 432,930 Bend 52,163 77,010 2.3% 97,899 162,362 255,291 Redmond 15,524 26,508 2.3% 31,421 51,617 82,575 Sisters 961 2,038 2.6% 2,910 5,169 8,431 La Pine 899 1,653 6.3% 1,987 3,954 5,894 Unincorporated 45,280 50,524 1.0% 64,179 79,248 80,739 *AAGR: Average Annual Growth Rate 7 CDD Work Plan 2021-22 / 2020 Annual Report Fiscal Issues • Ensure financial stability and sustained high quality services through establishing a financial contingency plan providing a clear course of action if CDD's reserve funds decline. • CDD's revenue is not sufficient for the resources necessary to meet increasing service demands. CDD did not increase fees during the pandemic, and prior fee increases had been offset by marijuana revenues. • CDD is responding to significantly increased inquiries regarding rural development opportunities. Many of these inquiries require research and in-depth responses, but do not result in permits and corresponding revenue. This "non -fee generating" work, a public good, is consuming limited resources to efficiently process permits. • Increasing opposition to and appeals of land use applications, including those in compliance with Deschutes County Code are causing the Planning Division to subsidize hearings officer public hearing costs. • Staff turnover is creating additional costs to and resource re -allocations from service delivery to training in the department. Operational Challenges • Sustaining high customer service levels while transitioning to and implementing new post -pandemic business operations such as continued full or partial remote working, potential shared work spaces with increasing staff levels, adherence to ongoing public health and safety measures and continued expansion of CDD online services and meeting technologies. • Establishing new post -pandemic public hearing and engagement strategies with in -person and remote/online participation opportunities. • Implementing new laws from the 2021 Legislative Session, including potentially major changes pertaining to rural ADU's and wildfire mitigation. • Processing complex and controversial code compliance cases, expanding the code compliance program to administer the County's noxious weed program and implement new potentially modified solid waste codes. • Addressing affordable housing through collaboration with cities, the County's Property Manager, and exploring rural strategies. • Re -opening satellite offices with relatively new permit technicians in high demand environments with significant permitting volumes and coordination in Sisters and La Pine. • Coordinating with Human Resources to develop and implement strategies to retain and recruit staff. • Continuing improvement of the department's website and other electronic internal and external services to improve efficiencies and service delivery. 8 CDD Work Plan 2021-22 / 2020 Annual Report c) (-j c e s. q /p q E Planning Building safety& Environmental SOAS Coordinated I, Administration DfAsion Electrical Division Dtvistcm Services A IrOSMItive !W1 Odni 0 �ik i a tIiiai� i supv I-OqLOO FT15 M, - A ®r bri MY iM J "a I rite'�- "IN 61 Aw 'a MEof e �g 61 . . ....... .. code-co"iripillance 4.00 FTE Staff Summary Total FTE's 1 52.00 55.00 58.00 57.00 65.00 CDD Work Plan 2021-22 2020 Annual Report CDD is committed to a comprehensive approach to managing performance. The department achieves its goals and objectives by strategically establishing and monitoring performance measures and by adjusting operations based on results. The performance measures: • Address service delivery expectations from the perspectives of CDD's customers. • Ensure the department fulfills its regulatory compliance requirements. • Efficiently and effectively manages the organization's assets, capacities and finances; and • Preserve and enhance the County as a safe, sustainable and desirable place to live, visit, work, learn and recreate. CDD's 2021-22 performance measures align the department's operations and work plan with BOCC annual goals and objectives and the County's Customer Service "Every Time" Standards. https:// intranet.deschutes.org/Pages/Customer-Service-Standards.aspx , The following graphs represent a sample of CDD's performance measures for 2020. For a complete review of performance measures, please follow this link: https://deschutes.org/cd/ 2020 Performance Management Results t.uonluiatedServices RerrcntageofApplitat,nnsSubmitted t7nhnc < E3uildmp, Perr.n: Ready to Issue Turnaround Time (Budding Safety and fmm�nrnental Onvtel � t] 13 e ffi a a ra v funrantc McJiJrc S�6�rt� a Hood r �; pernrt r[ady td rs..e qurs+nrou c rx f + i+ys Gr t i`erOrm3nrc ,'tEasure +a [,yeti_ a �f0a of 7Lr _ tc 'b 40Uf alp +.ate.: (,] SUhr�,tictii U rl a I Ici.. nor>ut.t data. Annual Average of 3.4 Days - T argr.t Achieved Annual Average of b9-61X Submittt,d Onfint -target Achieved ( pile toi ipli3ni.e C. �(3r' C< i �f wit5ce �h)nt•)+y (< tl .;nit '` �':.;. Cd C los"d . thin 0;),% Y"w 13 915�. 90?. p �... — — — — — — ._.. w... -... 3(V�� ,rs; ,19c O O 301". 414' O 7s;y. a9sg tl C) a Performance Measure: Improve the resolution of code enforcement cases withm 12 months Performance Measure: Improve vokmtary comphance in code enforcement cases from 85% from 75% to 85%. to 90%. Annual Average of 89% Compliance • Target Achieved Annual Average of 78% Closed within 1 Year• Target Within Range 10 CDD Work Plan 2021-22 / 2020 Annual Report 2020 Performance Management Results 43 0 0 a - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ilpft,imancel,Acaswe: Achw,e 9ILt'— to 100'I4 Cofllp!otedotl lamc, day as Alh:4va an average of 6 to 10 mspetator. stops per d,Iv. Annual Average of 8A pet Day Target At hieved Annual Ave,ap ,e of 9 L5% ( omplotod -Target Adiioved - - - - - - - - - - - - - - - - - - - n A,h,W,e tO !(Vt Of PIP 010 inspt.UOnSfmrpiod On sa1v day PCdo"Ianc' s&'Asure Issue new onsiN' sc-pA.' P(11.—ts "thin 12 (lays Of c' m PI It (,I apph(a."O" Awmal Average of 4.8 (Jays - I arg,,t Achieved 411 1 tl E3 pwlo"'t.i.c.' Nieawre: muk' all ddtibmltYdtivN d.owlOs -th I)OK01"Ith-11 4" days of petto""Ar(k. me.wjw Issup all ad—n,st, al,,e d(os,cns wthow notate voifiI, 2 i days Annual Average of 44,8 Clays - Target Achieved A!-lokial Average of 19.6 Pays - I alget Achieved 11 CDD Work Plan 2021-22 2020 Annual Report • Continued to provide essential services to the public while implementing pandemic related safety measures, such as social distanced interactions, remote work and dispatch inspectors from home. • Posted ePermitting "How to" videos explaining the permit process to County website and YouTube. • Implemented use of a dashboard in our Code Compliance division allowing for live data assessments. • Implemented use of standardized templates for administrative determinations. 2021-2022 PerformanceMeasures By Division Building Safety • Achieve 6-10 inspection stops per day to provide quality service. (BOCC Goal & Objective SD-1) • Achieve an average turnaround time on building plan reviews of 8-10 days to meet or exceed state requirements. (BOCC Goal & Objective SD-1) • Achieve 50-80% of inspections scheduled online. (BOCC Goal & Objective SD-1) • Achieve 90-100% of inspections completed the same day as requested. (BOCC Goal & Objective SD-1) • Provide community training opportunities for online application submission to obtain a goal of 70% of application submittals conducted online. (BOCC Goal & Objective SD-1) Code Compliance • Achieve 90% voluntary compliance in Code Compliance cases. (BOCC Goal & Objective SC-1) • Achieve 85% resolution of Code Compliance cases within 12 months, (BOCC Goal & Objective SC-1) Coordinated Services • Expand community training opportunities for online application submission to obtain a goal of 65% of application submittals conducted on line. (BOCC Goal & Objective SD-1) • Achieve structural permit ready -to -issue turnaround time for Coordinated Services of 4 days. (BOCC Goal & Objective SD-1) Environmental Soils • Achieve compliance with the Alternative Treatment Technology (ATT) Septic System Operation and Maintenance (0&M) reporting requirements of 95% to protect groundwater. (BOCC Goal & Objec- tive H P-3) • Improve the issuance of onsite septic system permits from within 15 days of completed application to within 12 days of completed application. (BOCC Goal & Objective SD-1) • Achieve 65% of inspections scheduled online. (BOCC Goal & Objective SD-1) 12 CDD Work Plan 2021-22 / 2020 Annual Report Environmental Soils, continued • Achieve 65% of inspections scheduled online. (BOCC Goal & Objective SD-1) • Achieve 90-100% of Pre -cover inspections completed the same day as requested. (BOCC Goal & Objective SD-1) Planning • Sustain the issuance of land use administrative decisions with notice within 45 days and without notice within 21 days of completed application. (BOCC Goal & Objective SD-1) • City of Bend and Redmond Affordable Housing: Amend the City of Bend Urban Growth Boundary to implement HB 4079, a pilot project to in- crease the supply of affordable housing units. (BOCC Goal & Objectives EV 1, EV 2, EV 3, EV 4 and HP 1) Amend the City of Redmond Urban Growth Boundary to implement HB 2336, a pilot project to increase the supply of affordable housing units. (BOCC Goal & Objectives EV 1, EV 2, EV 3, EV 4 and HP 1) • Complete DLCD Grants with public involvement to develop and consider recommendations to address wildfire hazard mitigation and Goal 5 wildlife habitat inventories to inform the 2021 Comprehensive Plan Update. (BOCC Goal & Objectives SC 3, HP 3, and EV 2) 13 CDD Work Plan 2021-22 / 2020 Annual Report Administrative Services consists of the Community Development Director, Senior Management Analyst, two Systems Analysts and one Administrative Assistant, The Administrative Services Division provides oversight for all departmental operations and facilities, human resources, budget, customer services, technology and performance measures. Systems Analyst staff are responsible for the integration of technology across all CDD divisions and coordinates with the cities as well as providing direct service to the public via application training and support, web -based mapping, reporting services and data distribution. 2020 Accomplishments ✓ Revised office operations to include social distancing as well as application quarantine. ✓ Implemented remote work options for approximately 75% of staff. ✓ Accelerated an equipment replacement schedule to enable staff to work remotely, issuing 39 new laptop computers. ✓ Completed videos of each division to inform online customers and County College students about CDD's purpose, programs and services. ✓ Provided online application training to contractors and homeowners. ✓ Published "how to" videos to our website and YouTube regarding online application submission for building and onsite permits. ✓ Updated Continuity of Operations Plan (COOP) which details department's plan to continue operation in the event of a disaster. ✓ Participated in a County led effort to create a county -wide plan for Pre -disaster Preparedness Plan. ✓ Updated CDD website, including division and project webpages. ✓ Created a property information report to identify all parcel requirements including associated fees related to development. 14 CDD Work Plan 2021-22 / 2020 Annual Report 2021-22 WorkIan Projects • Reconfigure Accela to improve code compliance case management and enable fines and fees to be recorded. • Continue to participate in a County led effort to create a county- wide Pre -disaster Preparedness Plan. • Explore expanding the Planning Division's webpage to provide more information about land use public hearings and opportunities for the public to submit comments on pending applications. • Revise CDD Information Technology 5 year strategic plan to account for laptops purchased early as a result of pandemic operations during FY 21. • Update COOP, if necessary, based on lessons learned from the pandemic. • Propose revisions to CDD's Fee Waiver Policy. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. • Explore and research opportunities to both increase CDD's sustainable business practices while maximizing the efficiency of operations in a cost effective manner. • Reorganize and enhance CDD's web site to be more customer centric. Provide enhanced content that will allow customers to better understand CDD's polices and procedures and create an improved customer experience that acts as a guide for understanding the process of development in Deschutes County while also expanding online application instruction content. Staff Directory Nick Lelack, AICP Community Development Director (541) 385-1708 Nick.Lelack@deschutes.org Tim Berg Applications System Analyst III (541) 330-4648 Tim.Berg@deschutes.org Ines Curland Application System Analyst 1 (541) 317-3193 Ines.Curland@deschutes.org Tracy Griffin Administrative Assistant (541) 388-6573 Tracy.Griffin@deschutes.org Sherri Pinner Senior Management Analyst (541) 385-1712 Sherri.Pinner@deschutes.org 15 CDD Work Plan 2021-22 / 2020 Annual Report Building Safety consists of one Building Safety Director, one Assistant Building Safety Official and sixteen Building Safety Inspectors. The Building Safety Division administers and implements the state and federal building codes through a process of education and a clear and consistent application of the specialty codes, The division provides construction plan reviews, consultation and inspection services throughout the rural county and the cities of La Pine and Sisters. The division also provides services to Lake, Jefferson, Klamath and Crook counties, the cities of Bend and Redmond, and the State of Oregon Building Codes Division on an as -needed basis. 2020 Accomplishments ✓ Issued 640 new single-family dwelling permits in 2020. The distribution of these new homes for Deschutes County's building jurisdiction included: — Rural/unincorporated areas: 451 — City of La Pine: 57 — City of Sisters: 132 ✓ Completed Major building plan reviews for: — MidOregon Credit Union in Sisters — Three new Multi -family apartments in Sisters — The Ski Inn — 260 Sun Ranch in Sisters — Two interior remodels for La Pine Fire Stations — The Cove Aquatic Center addition — West Core North Pool renovation and expansion — Bend Distillery Production Facility ✓ Continued to improve overall operational efficiencies and customer services by: — Implemented a new ePermitting "How to" tutorial in conjunction with Coordinated Services. — Hired two new Field Inspectors to fill vacancies. — Cross -trained all division staff to perform inspections in all four residential disciplines. ✓ Continued to lead efforts with the Central Oregon Chapter of the International Code Council to: Achieve consistency in code implementation/administration among all jurisdictions. — Promote and participate in education among building/development and design professions. 16 CDD Work Plan 2021-22 / 2020 Annual Report 2020 Accomplishments ✓ Actively participated in State and local code and rulemaking efforts related to: — Wildfire Mitigation Advisory Committee and ongoing support to the County's consideration of adopting ORSC 327.4. — Tiny Homes on Wheels classifications as RV's with Oregon Department of Transportation registration titles and not building department regulated. — Adaptions to major Chapter 1 changes in County Codes by adopting local ordinances. ✓ Participated in public, community and customer -specific education and outreach efforts such as OAR 918-480-0125 Uniform Alternate Construction Standards for mitigation due to a lack of firefighting water supplies. ✓ Coordinated with State and County staff to promote and educate customers on how to apply for online permits and inspections. ✓ Continued succession planning, cross -training and technology investments to maintain and improve efficiencies. ✓ Continued to serve in regional and statewide leadership positions to support Deschutes County and Central Oregon interests, ✓ Provided A -level electrical inspection services, electrical plan review and customer contact support for commercial and residential electrical questions for the City of Redmond. ✓ Implemented social distancing procedures to maintain our high customer service standards while experiencing a record setting business volume for new single family dwellings. 8{CC t>�x� SW 400 00 2 cap 1(XI 2012 201 1 201. 201i 0.7 2018 2019 202.0 17 CDD Work Plan 2021-22 / 2020 Annual Report 2021-22 WorkIan Projects • Implement succession planning for future retirements and explore staffing needs due to unprecedented business needs. • Provide certification cross -training for all new hires to maintain the division's goal of having fully certified residential inspection staff. • Research ways to reduce the carbon footprint associated with field inspection duties such as: — Alternative fuel options and All -Wheel Drive electric vehicles — Charging stations for electric vehicles (each station has charging capabilities for 1-2 vehicles) • Work with the Road Department to research viability of All Wheel Drive electric vehicles. • Work with Oregon e-Permitting to help test the new app for inspections prior to the roll out. • Investigate the use of drones and other technologies to accomplish high risk inspections such as: — Roof diaphragm nailing — Chimney construction — High lift CMU grouting • Continue participation in the Planning Division led Wildfire Mitigation Advisory Committee (WMAC) process to consider adopting a new Wildfire Hazard Zone map, a local ordinance implementing additional construction standards to reduce hazards presented by wildfire (Oregon Residential Specialty Code (ORS) R327.4), and/or new defensible space requirements into Deschutes County Code. • Produce new informational brochures as required by Oregon Administrative Rule (OAR) 918-020-0090 to help customers navigate code changes such as Energy Code and Daycare Facility updates. • Host two or three Chemeketa Community College Building Inspection Technology students this summer for their Cooperative Work Experience which provides an opportunity to demonstrate the county's customer friendly, service oriented approach as a regulatory agency. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. 18 CDD Work Plan 2021-22 / 2020 Annual Report Randy Scheid Building Safety Director (541) 317-3137 Randy.Scheid@deschutes.org Chris Gracia Assistant Building Official (541) 388-6578 Chris.Gracia@deschutes.org Krista Appleby Building Inspector III (541) 385-1701 Krista.Appleby@deschutes.org Keri Blackburn Building Inspector III (541) 388-6577 Keri.Blackburn@deschutes.org Rainer Doerge Building Inspector III x1638 Rainer.Doerge@deschutes.org Scott Farm Building Inspector III x1639 Scott. Farm@deschutes.org David Farrin Building Inspector III (541) 385-1702 David,Farrin@deschutes.org Anthony Friesen Building Inspector III (541) 213-0653 Anthony. Friesen@deschutes.org Owen Gilstrap Building Inspector III x1640 Owen.Gilstrap@deschutes.org Erik Johnson Building Inspector 1 (541) 480-8940 Erik.A.Johnson@deschutes.org Brandon Jolley Building Inspector III x1625 Brandonjolley@deschutes.org John Kelley Building Inspector III X1642 John.Kelley@deschutes.org Michael Liskh Building Inspector III x1627 Michael.Liskh@deschutes.org Brian Moore Building Inspector III (541) 385-1705 Brian. Moore@deschutes.org Todd Russell Building Inspector III x1644 Todd,RusselI@deschutes.org Laurie Wilson Building Inspector III (541) 383-6711 Laurie.Wilson@deschutes.org 19 CDD Work Plan 2021-22 / 2020 Annual Report Code Compliance consists of four Code Compliance Specialists and one volunteer. The program is managed by the Coordinated Services Administrative Manager and is supported by a law enforcement deputy from the Sheriffs Department and operating divisions. The Code Compliance Division is responsible for investigating code violation complaints to ensure compliance with land use, onsite wastewater disposal, building and solid waste codes (by contract with the Solid Waste Department), and provides direct service on contract to the City of La Pine for solid waste violations. The program's overriding goal is to achieve voluntary compliance. If necessary, citations are issued for prosecution in Circuit Court or before a Code Compliance Hearings Officer. The program continues to adapt to the County's challenges of growth and diversification, incorporating new measures to ensure timely code compliance. While voluntary compliance is the primary objective, an ever-growing number of cases require further code compliance action because of delayed correction or non-compliance. Through the continuing development and refinement of departmental procedures for administrative civil penalty, Code Compliance is obtaining compliance from citations rather than court adjudication resulting in greater cost recovery. A disconcerting trend is the need for County abatement in some cases. In abatement, the County corrects the violations with the priority on compliance. Abatement action is reserved for matters of chronic nuisance and public health and safety. In response to this trend, Code Compliance is closely coordinating with other County departments in the development and enactment of abatement plans. ✓ During 2020, 863 new cases were received and 767 cases were resolved. This is a 15% decrease in new cases from the previous year. ✓ Provided community education through regular presentations to local real estate groups and title companies. ✓ Partnered with the Solid Waste Department to implement the use of a voucher system offering financial assistance to customers meeting eligibility criteria in order to facilitate timely compliance, ✓ Continued to partner with departments within the County to resolve difficult cases. Coordination between departments ensures efficiency of operations and avoids overlapping efforts, thus allowing staff to conduct a thorough investigation on behalf of community members. ✓ Created a dashboard for code compliance metrics such as "Cases Opened and Closed by Year", "Current Active Cases" and "Current Assigned Cases by Staff Member", allowing an assessment of live data and the opportunity to adjust cases and staff as necessary. ✓ Coordinate with Planning, Building Safety and Environmental Soils division to redefine the County's process for decommissioning unlawful second dwellings. 20 CDD Work Plan 2021-22 / 2020 Annual Report 2021-22 WorkIan Projects • Implement BOCC direction on the update of the Code Compliance Policy and Procedures Manual. • Explore enforcing the Noxious Weed program. • Enhance involvement in Oregon Code Enforcement Association (OCEA) next annual conference through presentation participation. • Create training program for new staff. • Continue to conduct public outreach to real estate professionals and organizations, homeowners associations, etc., to share information regarding the code compliance program and current issues. • Automate the process for medical hardship notification and out -of -compliance Operation and Maintenance (0&M) contracts performed by code compliance volunteers. • Modify procedures as necessary during and temporarily following the pandemic. • Partner with Building Safety to propose a revised policy on undocumented structures. x 200 i000 l(Y)0 904 863 8CK1 894 574 763 767 6 ()A} 402 534 4OV 304 � 202 is 2 DO 308 338 C� 0 80 2014 2015 2016 2017 2018 2019 2020 New rases 0 closed cases 21 CDD Work Plan 2021-22 / 2020 Annual Report Christopher Beem Code Compliance Specialist (541) 385-1745 Christopher.Beem@deschutes.org Joseph Graziano Code Compliance Specialist (541) 617-4736 Joseph.Graziano@deschutes.org John Griley Code Compliance Specialist (541) 617-4708 John.Griley@deschutes.org Dan Smith Code Compliance Specialist (541) 385-1710 Dan.Smith@deschutes.org 22 CDD Work Plan 2021-22 / 2020 Annual Report Overview Coordinated Services consists of an Administrative Manager, nine Permit Technicians and an Administrative Support Technician. The Coordinated Services Division provides permitting and "front line" direct services to customers at the main office in Bend as well as in the La Pine and Sisters City Halls. While coordinating with all divisions, staff ensure accurate information is provided to the public, while minimizing wait times and ensuring the efficient operation of the front counter and online portal. 2020 Accomplishments ✓ Permit Technicians continued to provide exceptional customer service during the pandemic. ✓ Implemented a more efficient staff training process. ✓ Created a manual of Standard Operating Procedures as an additional resource for Permit Technicians for consistency and succession planning. ✓ Reconfigured the City of La Pine permitting process to include implementation of tools within the Accela permitting software. Utilizing Accela in this manner allows all communication between organizations to occur electronically for documentation regarding Planning approvals and approvals to issue a Certificate of Occupancy. ✓ Increased electronic permit submittals through public education and outreach to licensed professionals. During 2020, CDD received 39.7% of applications online in comparison to 26.5% in 2019. ✓ Created an application in partnership with IT staff to display alert messages when online permits have been submitted, payments have been applied or documents have been uploaded, resulting in increased processing efficiencies. ✓ Continued succession planning for the retirement of one long term staff with the hiring of a replacement Permit Technician. Cross -training staff allows the division to maintain high customer service standards during this transition. ✓ As Accela continued to evolve and new tools became available, Deschutes County continued to be a statewide leader in offering training opportunities to customers and regional agency partners. Coordinated Services has hosted in-house, one-on-one training opportunities and posted videos to the website in an effort to facilitate a streamlined permitting process. ✓ Revised daily cash balancing procedures to enhance proper internal controls. ✓ Revised internal refund process to improve efficiencies. ✓ Implemented process to electronically scan building plans to property development record. 23 CDD Work Plan 2021-22 / 2020 Annual Report 2020-21 WorkI r jec s • Update and revise the Standard Operating Procedures manual as processes change. • Increase customer, contractor and public education of Accela and online permit applications to streamline permit processes. • Continue to improve training program for new hires to include training efficiencies. • Revise lead permit technician role. • Cross -train staff on property record maintenance. • Complete scanning building plans to the property development record. • Coordinate with the Human Resources Department to develop and implement new permit technician job classifications and categories to reflect the department's business needs (e.g., staffing satellite offices with experienced permit technicians) and providing opportunities for advancement. Main Office-117 NW Lafayette Ave, Bend, OR 97703 Monday, Tuesday, Thursday, Friday 8:00 AM-5:00 PM, Wednesday 9:00 AM-5:00 PM La Pine City Hall-16345 Sixth St., La Pine, OR 97739 Thursday 9:00 AM-4:00 PM Sisters City Hall-520 E. Cascade St., Sisters, OR 97759 Tuesday 9:00 AM--4:00 PM Angie Havniear Administrative Manager (541) 317-3122 Angela.Havniear@deschutes.org Tara Alvarez Permit Technician (541) 383-4392 Tara.CampbelI-Alvarez@deschutes.org Katie Borden Permit Technician (541) 385-1741 Katie.Borden@deschutes.org Michelle Conklin Permit Technician (541) 388-6681 Michelle.Conklin@deschutes.org Ian Cullen Permit Technician (541) 388-6680 Ian.Cullen@deschutes.org Ami Dougherty Permit Technician (541) 385-3217 Ami.Dougherty@deschutes.org Lindsey Holloway Permit Technician (541) 388-6596 Lindsey.Holloway@deschutes.org Terese Jarvis Permit Technician (541) 383-4435 Terese.Jarvis@deschutes.org Jennifer Lawrence Permit Technician (541) 385-1405 Jennifer.L.Lawrence@deschutes.org Marilyn Tiboni Administrative Support Technician (541) 385-1409 Marilyn.Tiboni@deschutes.org 24 CDD Work Plan 2021-22 / 2020 Annual Report Environmental Soils consists of one Environmental Health Supervisor, three Environmental Health Specialists II, and one Permit Technician. The Environmental Soils Division regulates on -site wastewater treatment systems (septic) to assure compliance with state rules, and monitors environmental factors for public health and resource protection. They provide site evaluations, design reviews, permitting, inspections and education and coordination with the Oregon Department of Environmental Quality (DEQ) for onsite wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks, reports on the condition of existing wastewater systems, maintains an Operation and Maintenance tracking system, provides the public with information on wastewater treatment systems and regulations and investigates sewage hazards to protect public health and the environment. Staff are also engaged in the proactive pursuit of protecting the groundwater in Deschutes County and continue to work with DEQ on permitting protective onsite wastewater systems in South Deschutes County. 2020 Accomplishments ✓ Assessed 296 sites for onsite wastewater treatment and dispersal systems, a decrease of 7.5% from 2019, and issued 1,643 permits and authorizations for new and existing onsite treatment and dispersal systems, a decrease of 2% from 2019. Assessed sites included several new subdivisions. Applications continue to increase in complexity and technical requirements. ✓ Repaired 279 failing or substandard systems correcting sewage health hazards and protecting public health and the environment. ✓ Increased electronic permit submittal and inspection scheduling through outreach and education of customers, particularly licensed professionals. During 2020, the division received 43.6% of applications online compared to 21.6% in 2019. " Ole, 1,400 1, 200 1,;X7 C7 6010 20i:? 20i. 2014 :'01S 2016 201 2018 114019 25 CDD Work Plan 2021-22 / 2020 Annual Report 2020 Accomplishments ✓ Provided eight property owners in South County with rebates of $3,750 per property for upgrading conventional onsite wastewater treatment systems to nitrogen -reducing pollution reduction systems. ✓ Provided assistance and information regarding onsite wastewater treatment systems in Terrebonne to Parametrix, engineering consultant, for the Terrebonne Sewer Feasibility Study. ✓ Coordinated with the City of Bend staff and DEQ regarding the septic to sewer program, and the impact on homeowners with onsite wastewater systems. ✓ Participated in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee and the City of Bend Storm Water Public Advisory Group. ✓ Worked with DEQ on permitting protective onsite wastewater systems in South Deschutes County. Participated in dozens of variance hearings for modified advanced treatment systems on severely limited sites. ✓ Coordinated with DEQ on multiple variances. The overall process has been improved with more complete and detailed proposals and plans going forward, ✓ Adapted to COVID-19 limitations by remote working, electronic permitting, computer technologies, electronic communications and deploying from home. Staff was able to sustain performance measures, permit and inspection turnaround times and maintain high service levels demonstrating resilience, team work and professionalism to continue to serve the community. 26 CDD Work Plan 2021-22 / 2020 Annual Report • Coordinate with DEQ for a South County Groundwater sampling event and funding of a planned existing network of wells. • Work with DEQ staff on planning for and funding off long term and regular well sampling events approximately every 10 years to monitor changes in water quality in the aquifer. • Continue technical support as necessary toward the completion of the Terrebonne Sewer Feasibility Study. • Participate in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee. • Continue to participate in the City of Bend Storm Water Public Advisory Group and the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee (Oregon Department of Agriculture). • Provide financial assistance opportunities to South County property owners to upgrade conventional systems to nitrogen reducing pollution reduction systems through Nitrogen Reducing System Rebates and the Neighborlmpact Non -conforming Loan Partnership. • Review current groundwater protection policies for South County and continuing variance applications with DEQ onsite staff to ensure goals of water resource protection are addressed. Highest risk areas may need greater scrutiny. • With development occurring in the new neighborhood in La Pine, review financial assistance programs for groundwater protection efforts. • Update the DEQ contract for the Onsite Wastewater Treatment System Program to be more consistent with current rules and requirements (the current contract dates from 1981). • Amend Deschutes County Code Chapter 11.12, Transferable Development Credit Program to implement changes from BOCC Resolution 2019-040. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. Staff Directory Todd Cleveland Environmental Health Supervisor (541) 617-4714 Todd.Cleveland@deschutes.org Kevin Hesson Environmental Health Specialist II (541) 322-7181 Kevin.Hesson@deschutes.org Larry Howard Environmental Health Specialist II (541) 330-4666 Larry.Howard@deschutes.org Kiley Rucker-Clamons Environmental Health Specialist II (541) 383-6709 Kiley.Rucker-Clamons@deschutes.org Martha Shields Permit Technician (541) 385-1706 Martha.Shields@deschutes.org 27 CDD Work Plan 2021-22 / 2020 Annual Report Planning consists of one Planning Director, one Planning Manager, two Senior Planners, one Senior Long Range Planner, one Senior Transportation Planner, six Associate Planners, three Assistant Planners and one Administrative Assistant. The Planning Division consists of two operational areas: Current Planning and Long Range Planning, Current Planning processes individual land use applications and provides information to the public on all land use related issues. Long Range Planning addresses the future needs of the county through updates to the comprehensive plan, changes to the County Code and other special projects. Responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state law, including zoning, subdivision and development regulations, and facilitating public hearings with Hearings Officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for building permit applications and septic permits; coordinating with Code Compliance to respond to complaints and monitor conditions of approval for land use permits; performing road naming duties; providing assistance at the public information counter, over the telephone and via email; and addressing in the rural County and City of Redmond under contract. Long Rangel n in Responsible for planning for the future of Deschutes County, including developing and implementing land use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on various planning projects taking place in the region, including population forecasts with Portland State University and cities. Staff also monitors and participates in annual legislative sessions, and serves on numerous local, regional and statewide committees primarily focusing on transportation, natural resources, growth management and economic development. Transportation Planning Provides comments and expertise on land use applications, calculates System Development Charges (SDC's) as part of land use application review process or upon request; provides comments to the County's Risk Management Department regarding traffic issues for permitted events; participates in the annual County Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAC); participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans; and serves on several local and regional transportation committees, most notably BPAC, the Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area Commission on Transportation Technical Advisory Committee (TAC). Floodplain & Wetl I nnin Responsible for providing comments and expertise on land use applications, code compliance, and general property inquiries that require development, fill, or removal in mapped floodplain and wetland areas. Staff maintains certification as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager to provide customers with up-to-date and accurate information regarding Federal Emergency Management Agency (FEMA) regulations, surveying requirements, and construction requirements. Coordination is frequently required with external agencies including FEMA, US Army Corps of Engineers, Oregon Department of State Lands, Oregon Department of Fish and Wildlife (ODFW), and the USFS. 28 CDD Work Plan 2021-22 / 2020 Annual Report ✓ Counter coverage averaged 197 customer visits a month compared to 365 in 2019. The decrease is largely due to revised office hours resulting from the pandemic restrictions. ✓ Since the pandemic started in March, staff responded to over 2,000 emails and 3,400 phone call inquiries. This equates to over 200 emails and 340 phone calls a month over a 10-month period. ✓ Received 869 land use applications compared to 891 in 2019. ✓ The Planning Division received 29 non -farm dwelling applications compared with 23 for 2019. ✓ 17 final plats were recorded in 2020 or are in the process of being recorded, creating a total of 97 residential lots. ✓ No applications were received in 2020 for marijuana business due to the opt -out ordinance. The BOCC heard one LUBA remand pertaining to marijuana production. ✓ Due to COVID-19, starting in April, the Planning Division successfully transitioned to electronic meetings for pre -application, Hearings Officer, Historic Landmarks Commission, and Planning Commission proceedings. Significant efforts were made to ensure each body, applicants, and members of the public could utilize this new technology. Meetings were also available by phone. Staff utilized social distancing protocols when members of the public met in -person. Throughout this transition, this division continued to meet its performance measures related to processing land use applications. 1200 1 000 8 (K) 600 392,.• 400 200 2012 941 784 (338 463-- 903 891 ,_.. 869 2013 201A 2015 2016 2017 2013 2019.2020 29 CDD Work Plan 2021-22 / 2020 Annual Report Accomplishments2020 Fifteen (15) land use applications were reviewed by Hearings Officers in 2020 compared to 15 in 2019. They include: ✓ Accessory Farm Dwelling ✓ Bend Airport Text Amendment ✓ Cinder Storage Structure ✓ Cluster Development ✓ Lot of Record Verification (2 applications) ✓ Redmond Urban Growth Boundary Amendment ✓ Guest Ranch Modification ✓ Hydro -Electric Facility ✓ Declaratory Ruling ✓ Plan Amendment / Zone Change ✓ Private Airstrip ✓ Footbridge ✓ Tentative Plat ✓ Type 3 Home Occupation The BOCC conducted 14 quasi-judicial land use hearings or proceedings in 2020 compared to 16 in 2019. Four involved appeals heard by the Board (*): ✓ Marijuana Production (LUBA Remand)* ✓ Lower Bridge Mine Site Rezoning ✓ Hydroelectric Facility* ✓ Noise Variance (2 applications) ✓ Tentative Plat* ✓ Plan Amendment / Zone Change ✓ Thornburgh Resort Golf Course* ✓ Bend Airport Text Amendment ✓ Goal 11 Exception ✓ Redmond UGB Adjustment ✓ Road Naming (2 applications) ✓ Termination of Improvement Agreement Seven (7) appeals were filed with the Land Use Board of Appeals (LUBA) in 2020, compared to 6 in 2019: ✓ Lower Bridge Planned Unit Development ✓ Marijuana Production (Reconsideration) ✓ Structure Related to Farm Use ✓ Marijuana Production Interpretation / Land Use Decision ✓ Thornburgh Destination Resort Golf Course ✓ Religious Land Use and Institutionalized Persons Marijuana Production (LUBA Remand) Act (RLUIPA) Amendments 30 CDD Work Plan 2021-22 / 2020 Annual Report The Planning Division processed two applicant -initiated Plan Amendments, one Zone Change and two zon- ing text amendments in 2020: ✓ Plan amendment and zone change for a property at Deschutes junction. ✓ Plan amendment adjusting the Redmond Urban Growth Boundary for an Affordable Housing Project. ✓ Zoning text amendment to permit a general category of retail/rental store, office and service establish- ment as a use permitted outright subject to site plan review and providing parking exceptions. ✓ Zoning text amendment to streamline review of personal use hangers, reduce front and rear yard set- back, allow parking in the front yard, and adopt Oregon Administrative Rule (OAR) and Federal Aviation Administration (FAA) definitions. Legislative Amendments The BOCC considered: ✓ Historic Preservation Amendment —Staff -initiated legislative amendments to update the County's Historic Resource Inventory and Historic Preservation Ordinance to comply with the State's Historic Preservation rule. ✓ Nonprime Resource Lands Amendments —Staff -initiated legislative amendments to Deschutes County's Comprehensive Plan to establish eligibility criteria to re -designate six specific areas currently designated Exclusive Farm Use or Forest Use to Nonprime Resource (NPR) Lands. The BOCC adopted: ✓ Child Core Amendments —Staff -initiated legislative amendments to permit child care uses as a use permitted outright subject to site plan review. ✓ Housekeeping Amendments —Staff -initiated legislative amendments to correct minor errors in the Deschutes County Code and Comprehensive Plan. ✓ Spring River Rural Commercial Zone Amendment —Applicant -initiated legislative amendment allowing office and retail as outright permitted uses subject to site plan review; clarifying front yard setbacks; and parking requirement exceptions. 31 CDD Work Plan 2021-22 / 2020 Annual Report 1 Accomplishments Legislative - r. ✓ Sunriver Business Park/Employee Housing Amendment —Application legislative amendment allowing em- ployee housing as an outright permitted use in the Sunriver Business Park Zoning District. ✓ Titles 1 and 15 Amendments —Staff -initiated legislative amendment to incorporate changes to the Oregon State Structural Code and Oregon Fire Code. ✓ US 20 Transportation System Plan Amendments / Roundabouts —Application initiated by the Oregon De- partment of Transportation (ODOT) to add roundabouts at US20/Cook-O.B. Riley Roads and US20/01d Bend -Redmond Highway intersections. ✓ US 97 Transportation System Plan Amendments —Application initiated by ODOT to add reference to J-turns to language on frontage road on US 97 between Bend and Redmond and delete text requiring Vandevert Road be disconnected from US 97. Planning staff completed an 18-month $11,500 Certified Local Government (CLG) Grant from the State Historic Preservation Office to assist Deschutes County with its historic preservation programs. Planning staff is administering an 18-month $20,000 Technical Assistance (TA) Grant from the Department of Land Conservation and Development (DLCD) to incorporate Wildfire Mitigation Advisory Committee recommendations into the Comprehensive Plan and development code and begin updating Goal 5 wildlife habitat inventories. Planning staff received a $75,000 Transportation and Growth Management (TGM) Grant to update the Tumalo Community Plan and implement the rural trails portion of the Sisters Country Vision Action Plan. Coordination it t r jurisdictions, Agencies and Committees Bicycle and Pedestrian Advisory Committee ( PAC) BPAC met 11 times, commenting on regional Transportation System Plan updates, trail connections be- tween cities and recreation areas, and ODOT projects, among others. Oregon Department of "transportation (ODOT) Participated in Terrebonne Refinement Plan Technical Advisory Committee (TAC); Parkway Facility Manage- ment Refinement Plan TAC; Wickiup Jct. Refinement Plan (with City of La Pine); Bend US 97 North Corridor Planning; TAC for potential US 97 interchange slightly north of Bend; stakeholder committee for US 20/Cook Ave. roundabout project; served as Central Oregon representative to Governor's Advisory Committee on Motorcycle Safety. 32 CDD Work Plan 2021-22 / 2020 Annual Report Mitigation and Enhancement Committee Convened a Mitigation and Enhancement Committee meeting to receive updates from the Oregon Department of Fish and Wildlife (ODFW) and Central Oregon Irrigation District (COID). City of Bend Coordinated with City staff regarding: — Bend Airport Master Plan, — Bend UGB Amendment / Urban Reserve Work Program. — City of Bend/Bend Metropolitan Planning Organizations on update of Bend Transportation System Plan (TS P), City of La Pine Coordinated with City staff regarding: — Reviewed land use applications for effects on county road system. — Participated in Wickiup junction Refinement Plan. — Assisted in preparing TGM grant to update the master plan for County -owned property in the New Neighborhood, aka Crescent Creek neighborhood. City of Redmond Coordinated with the City staff regarding: — HB 2336, Affordable Housing Pilot Project and a UGB Amendment. — Updates to their TSP and potential extension of 19th Street to planned US 97/Quarry Road interchange. — The City of Redmond and Property and Facilities on an application adjusting the Redmond UGB. City of Sisters Coordinated with the City staff regarding: — Participated in discussions for implementing Sisters Country Visioning Plan. — Participated in City of Sisters Comprehensive Plan Update. 33 CDD Work Plan 2021-22 / 2020 Annual Report 2021-22 Work PlanProject Development Issue all administrative (staff) decisions for land use actions that do not require prior notice within 21 days of determination of a complete application. • Issue all administrative (staff) decisions for land use actions requiring prior notice within 45 days of determination of a complete application. Natural Resources / Implementation • Natural Hazards —Develop a work plan to amend the Comprehensive Plan and County Code requiring defensible space and fire-resistant building materials (R327.4). • Wildlife Inventories —Develop a work plan to amend the Comprehensive Plan and Zoning Code to incorporate new Goal 5 wildlife habitat inventories from ODFW. Comprehensive Plan Update () • Develop a scope, schedule and budget, and explore hiring consultant team to initiate a multi -year process to update the Comprehensive Plan. • Initiate Comprehensive Plan Update in Fall 2021. • Engage Terrebonne and Newberry Country residents to determine if community plans, goals, and policies meet the current and future needs of the area and whether there is an interest and readiness for a community plan update. Transportation r t a s e t (T ) Grant • Update the Tumalo Community Plan. • Implement the rural trails portion of the Sisters Country Vision Action Plan. City of Bendff r a I usin • Amend the City of Bend Urban Growth Boundary (UGB) to implement HB 4079, affordable housing project. City f Bend Urban Growth Boundarya e t/ Urban Reserve Area (URA) • Coordinate with City of Bend to update the UGB or establish an URA to protect rural lands for future urbanization and facilitate future UBG expansions. City n Airport • Update and adopt the Bend Airport Master Plan (BAMP) and amend the County's Comprehensive Plan and Development Code to incorporate the updated BAMP and implementation measures to allow new airport -related businesses. 34 CDD Work Plan 2021-22 / 2020 Annual Report City of La Pine Coordination • Participate with Property Management and the City of La Pine process to update and amend the County - owned New Neighborhood comprehensive plan designations, master plan and implementing regulation, if initiated by the city. City of RedmondCoordination • Coordinate with City of Redmond to implement their Comprehensive Plan update. City of Sisters Coordination • Participate in the implementation of Sisters Country Vision Plan and City of Sisters Comprehensive Plan Update. • Implement the rural lands portion of the Sisters Country Vision Action Plan. Growth an enCommittees • Coordinate and/or participate on Deschutes County BPAC, Project Wildfire, and Deschutes County Mitigation and Enhancement Committee. Historic reser ti CLGrant • Administer the 2020-2021 CLG Grant from the State Historic Preservation Office, • Develop policy and procedures manual for the Historic Landmarks Commission. Housekeeping en ents • Complete housekeeping amendments to ensure County Code complies with State law, Housing r i • Support the County's transitional housing initiative with the Bend Heroes Foundation. • Initiate Comprehensive Plan and/or Zoning Text amendments to comply with and implement new or revised state laws. If rural accessory dwelling units are allowed in state law, implementation will become a major work plan project, causing delays in some projects. • Explore options and approaches to establish new and expand existing RV parks and campgrounds, including on County -owned lands. Legislative Session ( 1® ) • Participate in legislative or rulemaking work groups to shape state laws to benefit Deschutes County. Transportation Syst I (T ) Amendments • Complete County TSP update in coordination with Road Department and ODOT. Nonprime es rce Lands • Explore other approaches to correcting land designations for six rural residential areas and lands on the east side of Bend, such as Regional Problem Solving as previously suggested by DLCD. 35 CDD Work Plan 2021-22 / 2020 Annual Report Rural Economic Development • Support rural economic development such as agri-tourism and similar uses, including identifying costs of permitting and code compliance (e.g., commercial building standards. • Support, as necessary, USDA certified meat processing facilities. • Explore options to regulate hemp in rural residential zones. • Minor variance 10% lot area rule for farm and forest zoned properties. • Nonfarm dwelling code to be consistent with State Law. • Outdoor Mass Gatherings to be addressed more thoroughly. • Outdoor and Greenhouse Lighting Control Ordinance to comply with new technologies and Dark Skies best practices. • Re -platting. • Sign code to become consistent with federal law. • Amendments to DCC 17.48, Design and Construction Specifications. Peter Gutowsky Planning Manager (541) 385-1709 Peter.Gutowsky@deschutes.org Kyle Collins Associate Planner (541) 383-4427 Kyle.Collins@deschutes.org William Groves Senior Planner (541) 388-6518 William.Groves@deschutes.org Chenelle Hale Administrative Assistant (541) 617-4707 Chenelle.Hale@deschutes.org Brandon Herman Associate Planner (541) 385-1704 Brandon.Herman@deschutes.org Caroline House Assistant Planner (541) 388-6667 Caroline.House@deschutes.org Matt Martin Associate Planner (541) 330-4620 Matt.Martin@deschutes.org Nathaniel Miller Assistant Planner (541) 317-3164 Nathaniel. Miller@deschutes.org Anthony Raguine Senior Planner (541) 617-4739 Anthony.Raguine@deschutes.org Tank Rawlings Associate Planner (541) 317-3148 Tarik.Rawlings@deschutes.org Cynthia Smidt Associate Planner (541) 317-3150 Cynthia.Smidt@deschutes.org Audrey Stuart Assistant Planner (541) 388-6679 Audrey.Stuart@deschutes.org Hether Ward Associate Planner (541) 388-6504 Hether.Ward@deschutes.org Peter Russell Senior Transportation Planner (541) 383-6718 Peter.RusselI@deschutes.org Tanya Saltzman Senior Long Range Planner (541) 388-6528 Tanya.Saltzman@deschutes.org 36 CDD Work Plan 2021-22 / 2020 Annual Report am Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen involvement program that provides opportunities for community participation in land use planning processes and decisions. Land use legislation, policies and implementation measures made by Oregonians nearly 50 years ago helped shape Oregon's urban and rural environments. Likewise, choices made today will ultimately shape these areas in the future. Successful land use planning occurs through an open and public process that provides room for information gathering, analysis and vigorous debate. Deschutes County's Community Involvement program is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning Commission as the committee for citizen involvement. It also contains the County's Community Involvement goal and corresponding five policies that comply with Goal 1. This report briefly discusses the noteworthy community involvement actions undertaken by the Planning Division in 2020. The report is intended to provide county residents and stakeholders with a tool to assess its effectiveness and offer additional suggestions the County can utilize to ensure that its diverse communities remain actively involved in land use planning discussions. 37 CDD Work Plan 2021-22 / 2020 Annual Report Planning Commission The Planning Commission convened 18 time to consider: ✓ Child Care Amendments ✓ Comprehensive Plan Update / Orientation to Statewide Planning Goals ✓ Department of Land Conservation and Development (DLCD) Technical As- sistance Grant / Update / Progress Report ✓ Historic Preservation Amendments ✓ Housing Strategy Report ✓ joint BOCC / Planning Commission Work Session ✓ NPR Lands Comprehensive Plan Amendments ✓ ODOT Redmond / Bend Safety Improvements and S. Century Dr./ Vandevert Road ✓ ODOT Highway 20 / TSP Amendment ✓ Planning Commission Policy and Procedures Manual ✓ Planning Division Draft FY 2020-21 Annual Work Plan ✓ Sisters Comprehensive Plan Update ✓ Spring River Rural Commercial Zone Amendments ✓ Title 15, Building and Construction Text Amendments ✓ WMAC Recommendations ✓ Wildfire Mitigation Project / Open House Historic Landmarks Commission Convened 5 times in 2020 to consider: ✓ CLG Grant Application ✓ Goal 5 Historic Preservation Model Ordinance ✓ Historic Preservation Month ✓ National Register Program in Oregon ✓ Planning Division Draft FY 2020-21 Annual Work Plan 38 CDD Work Plan 2021-22 / 2020 Annual Report From: Nick Lelack To: Brandon Herman Cc: Peter Gutowsky Subject: FW: Support for county -wide energy plan? Date: Thursday, April 1, 2021 1:53:18 PM Attachments: image001.nna image002.ono imaoe003.Dna image004.unng Brandon: Please include this email in the record of public comments for the Planning Division work plan with the others we have received. Thank you. Nick Lelack, AICP Director 117 NW Lafayette Ave I Bend, Oregon 97703 Tel: (541) 385-1708 1 Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback Survey From: Lindsey Hardy <Lndsey@envirocenter.org> Sent: Thursday, April 1, 2021 1:40 PM To: Nick Lelack <Nick.Lelack@deschutes.org> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org>; Tim Berg <Tim.Berg@deschutes.org>; Ines Curland <Ines.Curland@deschutes.org>; Brandon Herman <Brandon.Herman@deschutes.org> Subject: Support for county -wide energy plan? [EXTERNAL EMAIL] Hi Nick, We are applying for a RARE AmeriCorps Member to work here in Central Oregon to help complete the first phase of work to put Deschutes County on track to begin work on a county -wide energy plan (much like what Lane County is doing right now and Hood River County has completed). The RARE member will be connecting with communities who have completed/are working on developing energy plans such as Hood River, Clackamas, Lane, and Wallowa Counties. They will review their documents interview partners, and compile lessons learned and best practices into a document that can be utilized by other communities (including us!) who are developing energy plans. Next (and this is where Deschutes County comes in), the RARE Member will be putting together a baseline emissions inventory. Before we get too far along, I wanted to connect with county staff to see if we might be able to get some support with data requests as we pull the inventory together. I don't have specifics on what the exact requests would be yet (some examples might include building permit numbers, number of residential sites, etc), but we wanted to ensure that we were setting the foundation for a good working relationship moving forward. The exact scope of the inventory will be determined by a group of stakeholders as we kick off the RARE Member's work. This inventory will allow us to pinpoint opportunities for economic and job development and serve as the foundation for community conversations around how we should phase this work moving forward. The emissions inventory will also be made into an editable tool for other communities to use as they are getting started with the energy planning process. Lastly in an ideal scenario, someone from Deschutes County would join our group of community stakeholders who would meet with the project team once a month to help guide the work of the RARE Member. I hope you will consider this request as you put together your work plan for the following year. Please let me know if you have any questions or concerns. Thank you for your time, Nick. I hope we collaborate on this important work as we move forward! Lindsey Lindsey Hardy she/her/hers (learn more) Program Director lindsey@envirocenter.org I www.envirocenter.org direct: 541.385.6908 x 11 16 NW Kansas Ave I Bend, OR 97703 From: IindaCnlddranch.net To: Nick Lelack Cc: Brandon Herman Subject: RE: More information from DD Ranch Date: Wednesday, March 31, 2021 5:36:17 PM Attachments: imaae001.Dna imace002.Dno imaoe003.Dna imaoe004.Dna [EXTERNAL EMAIL] Hi Nick, sorry about the delay. Wanted to run your question by my husband. We're uncertain whether there are any implications to consider but if not, I would say both. One of things that we really struggle with as it relates to agritourism is that non commercial operations on small acreage are allowed to get the same permits that we are vying for. We consider ourselves to be a legitimate agricultural operation — running in excess of 400 acres with 4 full time year round employees, 2 part time year round employees, myself a pro bono ranch manager, my husband, children and seasonal employees. We provide the sole livelihood for at least, my full time employees; Heavily subsidized by my husband's income at this point and our diminishing personal assets. I do not believe that an operation such as ours is at all comparable to a 20 or even 40 acre EFU property with a few horses that sells a little hay and has beautiful views and a quaint garden. Most of those properties are not production properties. Nevertheless, they are expensive to own and operate even for personal use so there is a legitimate reason that people would like to earn income off of their land. In that regard, I have no issues with small scale permitting to help support very small scale farms . However, those properties are rarely true income properties that a person is trying to support themselves from - unless they have it all under row crops or something like that. Rarely do they grow food other than hay for their own animals or possibly a bit more to sell. For example, the TUBA case in Yamhill was presented to us as a potential negative toward our ability to ascertain the 18 event permit. However, upon reading that application, we cannot understand why they were ever allowed to have that permit because they didn't meet the basic requirement of the permit — minimum of 160 acres. So it seems that should have been thrown out. End of story. I personally am a big advocate of EFU and truly believe that only those that are running a true operation with a full set of employees and doing everything possible to make it work in agriculture alone should be eligible for larger scale permits. What I always say is that no farmer or rancher in their right mind would choose to host an event or wedding after a 7 day work week. I personally would greatly prefer to hang out with my cows and horses all day every day than deal with the public. But the truth is that we are desperate for revenue. Our typical year to run all of this ground and all of these employees is 350-400 thousand. In order to run a comfortable operation, pay my employees a living wage and be able to maintain such large acreage properly, I really need at least 600-700. Part of that is because we have no gross margin in our farm products except for honey and pumpkins. It's incredibly frustrating to work so hard to not even be able to break even or provide my employees a reasonable income. It is not surprising that no one wants to go into farming or that the suicide rate in agriculture is so high. As a society, so little understanding and value is placed on what it really takes to put food on the table. In general, folks are so far removed from food production that they just expect it to show up on the shelves. But there's an entire faction of society leveraging everything they've got to stay in agriculture because they believe in what they do and love the life and values it provides. It is one of the most important jobs on earth but unless a person can make a living out of it, the future will be scary. I guess that's what I want the county, the state and beyond to understand. There has got to be significant effort and dollars committed to food production so that the industry can attract young people to it. It is flat out wrong that only wealthy people should be able to farm and only when subsidized by outside income. So, I'll leave it at that. I could go on endlessly. I will say that for ourselves, being in our 8th year of significant financial struggle, if we cannot find enough additional revenue to make our operation work soon, we will have to make a hard decision on how long we can hang on. Sadly, the ranch would likely become just another horse and hay operation. WIT•.F From: Nick Lelack <Nick.Lelack@deschutes.org> Sent: Wednesday, March 31, 2021 10:41 AM To:'linda@ddranch.net' <Lnda@ddranch.net> Cc: Brandon Herman <Brandon.Herman@deschutes.org> Subject: RE: More information from DID Ranch Hi Linda, Would you like me to add your comments to our work plan public comments or keep them for our review of your pending application and future discussions over opportunities to support local farmers? Thank you. r , Nick Lelack, AICP Director 117 MN Lafayette Ave Bend, Oregon 97703 Tel: (541) 385-1708 1 Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback Survey From: Iinda@ddranch.net <Lnda @ ddranch.net> Sent: Wednesday, March 31, 2021 9:13 AM To: Nick Lelack <Nick.Lelack@deschutes.org> Subject: More information from DD Ranch [EXTERNAL EMAIL] Nick, we recently submitted an addendum to the event permit application that we submitted and I thought some of our responses might speak to some of the issues that we wanted to address. What is in red are the more relevant comments. Let me know if this makes sense or if I can answer any questions. Linda b. The intent of these agritourism events is to supplement ranch income from ranching activities. Over 70% of DID Ranch's revenue is derived from the sale of grass-fed beef and Iamb, heritage breed pork, live animal sales and honey direct to customers primarily in Deschutes County. While the vast majority of ranch labor and resources are committed to these ranching activities, the income provided by those operations alone would be difficult to sustain DID Ranch's operations and make it economically viable nor sustainable. The agritourism business segment also allows the Ranch to upsell its products to its guests and provides an important marketing channel. A recent review from a Limited Use Permit submitted in Yamhill County where County Commissioners reviewed the application submitted by a 21.5 acre landowner who wanted to hold beer tasting events was communicated to us by Deschutes County. Those findings seem to have been interpreted by Deschutes County as potentially setting a precedent for LUP applications Statewide. It is our understanding that the application was contested and a LUBA review of the LUP was conducted. Setting aside the fact that our application is not remotely similar in size and scope we feel that it is important to address, specifically, the terminology that was brought up in the Yamhill case and presumably the County uses for its evaluation criteria. Namely whether the agri-tourism activities are: I. Incidental and subordinate to existing commercial farm use II. Are necessary to support the commercial farm uses I. Incidental and Subordinate Findings: In the Yamhill case, "LUBA concluded that the county's determination based on "the number of days of commercial events compared to the number of days of commercial farming activity on the property" was "consistent with the plain meanings of the phrase 'incidental and subordinate. "' However, the phrase "incidental and subordinate to" is a term of art in this context that requires more than an evaluation of the frequency of the proposed events compared to farm use. LUBA correctly observed that the text, context, and legislative history of ORS 215.283(4)(d)(A) does not preclude a county from relying on a comparison of the number of days of activities, but frequency is only one factor. Because the county focused on that factor to the exclusion of other relevant factors, LUBA erred by affirming that aspect of the county's order." Response: As to the frequency question, if we were able to attract the maximum of 18 events per year, that would mean that 5% of our days would be subject to events. However, on those same days, we still perform 100% of our ranch operations. Events add to our day but don't remove any of our other ranching responsibilities. We have 365 ranching days and potentially 18 of those days we would add an event on top of what we already do. The reality is that we would not be able to host that many events in a calendar year due to our ranching requirements so the percentages would be below 5%. This clearly shows that, if granted, these events would less significant than commercial farming activities and less important or less dominant. In addition, Deschutes County had previously used the following "other relevant factors" to rule on LUPs in the past. How the Proposed Commercial Events and Activities will be Incidental and Subordinate to the Existing Farm Use on the Property Prong 1: Relative Timing and Duration of Wedding Events vis-a-vis Farm Use Operations Response: Wedding activities general start at 9 am with a hard stop at 10 pm. The wedding participants are required to set up and take down all their temporary structures and clean up after the event. Due to the location of the events, there is no impact on our Farm Use Operations. Prong 2: Intensity of the Facility Use in terms of Physical Space Required for Wedding Events Response: Events are limited to less than 2 nonproductive acres, including parking, compared to our operational footprint of owned land of 200 acres/155 irrigated and leased land of 250 acres (-200 irrigated). All events occur on owned land and are all outdoor weddings. Prong 3: The types and locations of all permanent and temporary structures, access and egress, parking facilities, and sanitation and solid waste to be used in connection with agri-tourism or other commercial events or activities Response: The weddings are staged on a grass field overlooking Smith Rock with receptions typically located on our woodchip parking area next to the grass field. Most events are catered, though we sometimes roast a hog for the guests. We provide 3 porta potties, a 4 yard dumpster, and hand washing station. Anything more than that must be provided by wedding party. Access and egress are through a paved entry off Smith Rock Way which becomes a gravel road to the wedding site. Prong 4: Income from Wedding Events/Commercial Use Compared to Farm Use Income Response: Under our current LUP, in typical (non COVID) year, we would have 6 weddings at an average fee of $4,000 resulting in gross revenue of $24,000 (though most years have been less than 6). That amount compared to our 2020 total non-event revenue of $488,000 would equal 5%. In the unlikely scenario that we were able to host the maximum of 18 events (over 9 months) it would result in $72,000 of event revenue or 15% of total non- event revenue which is well below the County's stated objective for event revenue not to exceed 40%. Seeing as we are fully outdoor, we will not be able to offer events for more than 6 months of the year at the most, which further limits our maximum event revenue. II. Necessary to Support Commercial Farm Uses Findings: The legislative history reveals that the legislature intended the counties to exercise some discretion in determining whether events are "necessary." Given this, we would need to know how Deschutes County defines necessary. In the case provided necessary was defined by us as follows: The legislative history reveals that the legislature was presented with an understanding of the meaning of the word "necessary, " that "you would have to show a need in terms of a need for that revenue in order to make the operation economic. " In addition there appears to be another "prong" associated with the definition of "necessary": "Accordingly, we construe the statute to require that in order to establish that proposed events are "necessary to support" either the commercial farm uses on the farm or commercial agricultural enterprises in the area within the meaning of the statute, the county must find that the events are essential in order to maintain the existence of either the commercial farm or the commercial agricultural enterprises in the area." Response: We are addressing the "necessary to support" statute concerning making the operation economic and that events are essential in order to maintain the existence of the commercial farm. There can be no better definition to show that our meat production alone is not sufficient to make the operation economic than our results of operation. Without agri- tourism we are not sustainable. We purchased the ranch after it had many years of financial distress. At that time, the cattle herd was approximately 30 cows, less than 10 sheep and about 30 hogs. We have since grown it to approximately 180 head of cattle, 40 head of sheep and 80 hogs. We have grown our CSA to over 120 customers and provide wholesale to restaurants and stores within Deschutes County. We have dramatically increased our wholesale honey sales. Year over year revenue has continued to climb but so has our cost of production resulting in year over year losses from ranching operations. Our efforts over the years have been funded by our diminishing personal resources. Unfortunately farming and ranching in Central Oregon is very expensive and according to the study done by HDFFA a few years ago, more than half of the farmers in the area operate at a loss, ourselves included. Unlike other parts of the country, we must irrigate in the high desert which brings high labor, power, fuel, water and equipment bills just to irrigate the land. Hay and Real estate prices are extremely high. Minimum wage has gone from 9.15/hour in 2014 to 12.75/hour in 2021. We operate 7 days a week with a typical ranch day closer to 10 hours than 8 which causes labor to be far higher than other industries. We are very susceptible to fluctuations in fuel prices, cattle markets, insurance hikes, and things like the current COVID 19 pandemic. While the costs to operate are high and continue to go up, we are faced with many challenges to cover those increases. We are only able to command a certain price/pound for our products and have limits on how much we can produce given the practices that we believe in (grass fed and organic vs feedlot). We not only compete with other local producers but also with every grocery store in town. We also compete against the low priced "hobby farmers" that sell a few head a year as a side operation and don't have a large payroll to support. Consumers are price sensitive and typically go for the lowest cost producer. It is not possible for us to compete with the large marketing budgets of large stores, nor their low prices. To summarize, there is little to no gross margin earned for our meat production operations. We are a society that values services over products and consumers are willing to pay for services. We believe that farms and ranches should not have to rely on outside jobs and personal wealth to operate, but sadly that is the case today in farming and ranching. It is not an occupation accessible to a person that has no outside income or resources. We are not asking for handouts, but we are asking for an opportunity to offer something that our community clearly wants, which is events in a rural setting which we can offer with little cost. We are also able to continue our ranching operation with minimal disruption during these events. Agritourism provides us a significant opportunity for a profitable service so that we might continue to do what we love. The ranch life is very intense and is around the clock all year round. But we love it. We want to continue to produce high quality meats and honey for ourselves and our community. It's what we do best but it just doesn't bring in enough gross margin to sustain even a meager existence without supplemental income; agritourism and an off -farm jobs. www.centraloregonlandwatch.org March 24, 2021 filed via email: NickLelack@deschutes.org Deschutes County Planning Commission c/o Nick Lelack Community Development Director 117 NW Lafayette Avenue Bend, OR 97703 Re: Community Development Department (CDD) FY 2020-2021 Annual Report and Work Plan Dear Chair Hudson and Planning Commissioners, Thank you for the opportunity to comment on the proposed Community Development Department (CDD) FY 2020-2021 Annual Report and Work Plan. Our comments are confined to the Work Plans for the Planning Division and Code Enforcement Division. I. Natural Resources / Implementation a. Natural Hazards As we have previously commented to the Planning Commission, LandWatch is pleased that the County is working to protect its residents from the ongoing threat of wildfire in our region. We understand that the County is now planning to wait until the resolution of the 2021 Oregon legislative session, which may yield new state law guiding wildfire protection, before further consideration of local policy changes in Deschutes County. When the time comes for the County to consider wildfire policy, LandWatch supports fire-resistant building standards and landscaping for both existing (through retrofits) and future development; thinning of brush and dense stands of young trees within one-half mile of development; and enforcement of DCC 18.36.040(B) which limits development in fire prone areas when it would create a significant increase in fire risk, a significant increase in the cost of fighting fire, and a significant risk to firefighters. 2 b. Wildlife Inventories In recent years, the County has attempted to weaken its Goal 5 protections for wildlife through both legislative text amendments (e.g Wildlife Area Combining Zone amendments, Flood Plain Zone amendments) and quasi-judicial decisions (e.g. Lower Bridge PUD application). We support updated wildlife inventories that are based on the best available science and that lead to broadened and strengthened protections for our County's imperiled wildlife. From the many fish and wildlife that rely on riparian areas and floodplains for critical habitat, to the iconic mule deer whose winter range is increasingly shrinking, the need for strengthened wildlife protections has never been stronger. To illustrate, the Oregon Department of Fish and Wildlife reports that the mule deer population in the Metolius unit fell from 8,000 in 2015 to 3,359 in 2019, and in the Paulina unit from 8,126 in 2015 to 5,918 in 20192 As winter ranges shrink because of increased development and human disturbance, mule deer will seek alternative seasonal ranges. Updated wildlife inventories and programs to protect mule deer, Rocky Mountain elk, and sensitive bird species should increase protections across more area in order to stabilize and reverse the recent severe declines in populations. II. Comprehensive Plan Update (2040) The current comprehensive plan places great emphasis on promoting additional development in the rural County, including on working lands and important wildlife habitat. LandWatch supports a comprehensive plan update that results in increased protections for Deschutes County's native wildlife and open spaces. We look forward to participating in a comprehensive plan update process and working to achieve those goals. III. City of Bend Urban Growth Boundary Amendment / Urban Reserve Area (URA) Just as we have commented on CDD work plans in the past, LandWatch continues to be supportive of undertaking an Urban Reserve Area (URA) planning effort with the City of Bend. https://www.dfw. state.or.us/resources/hunting/big_game/controlled_hunts/docs/hunt_statistics/ 19/M ule%20Deer%20Population%20Estimates,%20Composition,%20and%20Over- Winter%20Fawn%20Survival%202015%20%202019.pdf This has been successfully achieved with the City of Redmond, and the creation of a URA with the City of Bend would similarly provide long-term certainty about future potential urban growth boundary expansions. It would also result in comprehensive plan policies and zoning code provisions to preserve URA lands for future urbanization. The changing target of the County's Nonprime Resource Lands project has apparently now shifted to protection of large parcels on the east side of Bend to facilitate future urbanization.z The most feasible way to accomplish this goal is through designation of URAs, and LandWatch would support and participate in that process. IV. Nonprime Resource Lands This proposed work plan item would "explore other approaches to correcting land designations for six rural residential areas and lands on the east side of Bend." LandWatch recommends this item be removed from the CDD work plan. There is no lawful approach to this objective. V. Code Enforcement The Work Plan for Code Enforcement includes "[i]mplement[ing] BOCC direction on the update of the Code Enforcement Policy and Procedures Manual." On February 10, 2021, the BOCC directed CDD staff to make only minor changes to that manual. LandWatch proposes strengthening the County's existing code that places restrictions on development permits when a property is in violation of County code. DCC 22.20.015 was added to the code in 2015 and directs that the County shall not approve any application for land use development, make any other land use decision, including land divisions and/or property line adjustments, or issue a building permit when a property is in violation of applicable land use regulations or conditions of approval of previous land use decisions or building permits. LandWatch is not aware of a single instance where a land use application was denied because a code violation was found to be present. Instead, we find that the County often approves a land use application even when a code violation is present. This is usually done pursuant to DCC 22.20.015(D)(1), which z Discussion between Board of County Commissioners and DLCD Director Jim Rue, March 17, 2021. 4 provides the County may approve a permit application if it results in the property coming into full compliance with applicable laws, include the Deschutes County Code. For example, LandWatch is aware of a property that was twice found by County Code Enforcement staff to be in violation of County code by allowing an unpermitted second dwelling to be occupied. When that property owner applied for another dwelling, the County Staff Report did not provide any enforcement history to the Hearings Officer. In another example, County Code Enforcement staff recently found that a property owner began construction of a project before receiving the necessary conditional use approval. The County proceeded to grant approval of that applicant's ex post facto conditional use permit application. Approving applications in this manner rewards applicants whose properties are in violation of County code with the benefit of a development permit. LandWatch believes this to be counter to the intent of DCC 22.20.015 which is meant to prevent the issuance of development permits to scofflaw applicants. Accordingly, we propose strengthening this code section which can be done by simply removing DCC 22.20.015(D)(1). Doing this would require an applicant to remedy any code violations prior to applying for a land use permit or require the County to deny a land use application where a code violation is present. Thank you for your consideration of these comments on the Community Development Department Work Plan for FY 2018-19. Sincerely, Rory Isbell Staff Attorney Central Oregon LandWatch 2843 NW Lolo Drive Ste. 200 Bend, Oregon 97703 rory@colw.or 541-647-2930 x804 Testimony to the Deschutes County Plannina Commission For Hearing on March 25. 2021 at 5:30 PM My name is Greg Baker, my wife and I live at 65580 Sisemore Road in Deschutes County. I may not able to attend your online hearing this evening but would like to thank the CDD for the (draft) FY 2021-22 Work Plan regarding future development in Deschutes County and provide a couple of comments for entry into the public record. The 2021-22 Work Plan includes a Mission Statement and Purpose. The mission statement speaks of orderly growth and development but doesn't reflect what values might drive this growth and development. I would be interested in seeing what core values will drive future Deschutes County growth and development. I appreciate your Attachment 3 which includes goals and projects organized by Value, one of which is Land Stewardship & Thriving Ecosystem, with an explanation that "Many people have moved to or chosen to stay in Deschutes County because of a deep interest and respect for wildlife, the outdoors and the natural ecosystem." To me, this is a foundational aspect of living, visiting and recreating in Bend, protection of which could and maybe should be stated as a core value, especially with current impacts of higher rates of population growth and development in the County. An explanation of core values to guide future development may help residents and visitors alike understand what the County is about as well as future direction and could help in mitigating some of the issues resulting from various types of recreation occurring in areas of multi -use recreation vs. more sensitive wildlife overlays. Protection of wildlife and ecosystem is core to sustainable development (mentioned as one of CDD's Purposes), one cannot really happen without the other. To that end I'm happy to see the Deschutes County Goal 5 Wildlife Inventory Update, thank you for this activity. If I might add a couple of comments: - I would second IWG's comment regarding the disclosure of eagle nesting locations to the public and for that matter, areas of mule deer and elk overwintering (poaching). - Has the County considered adding wildlife underpasses on highways north of town as has already been done on Hwy 97 south of Bend? There are too many dead deer on the side of the highways, and we don't see the ones that are injured and wander away to die. I hope this is a future consideration. I appreciate your time and work. With best regards, Greg Baker March 29, 2021 Nick Lelack Community Development Director Deschutes County, Oregon Dear Director Lelack: We appreciate the opportunity to comment on the Community Development Workplan for the coming years. As homeowners in Deschutes County for over 25 years, and fulltime residents for the last 2 years, we have witnessed tremendous growth and changes in Deschutes County. While all the projects in the Community Development Workplan have importance for our county, of particular importance for us in this workplan are the following items: 1. Increased housing should stay in the current Bend Urban Growth Boundary — not spill out into our precious rural and wild -life areas. Bend can, and should, become more dense — taking advantage of current infrastructure for water, waste, fire, transportation, medical facilities and schools. We need to protect the wildlife habitats that still exist — as there are tremendous threats from urban expansion and accelerating climate change. 2. Broad Band Connectivity with the necessary infrastructure for this is hugely important in our rural area. The current spotty service, slow internet speeds and inferior capabilities have been starkly revealed during this past year with the pandemic. This disparity has increased educational inequity as a result of the reliance on remote learning during the iockdown. 3. Improved codes for outdoor lighting are terribly important to help decrease the expanding light pollution that is currently occurring — not only in the urban areas, but especially in rural areas. Thank you for serving our county. Best, Carol Wallace and 18009 and 18001 Couch Market Rd Bend, OR 97703 Durlin Hickok From: Nick Lelack To: Brandon Herman Subject: FW: Draft Deschutes County CDD 2021-22 Annual Report & Work Plan Date: Wednesday, March 24, 2021 6:09:07 PM Attachments: image005.pna imaae007.ono image008.pno imagg009.ono imace010.ono Comments for the Work Plan. .' flick Lelack, AICP Director s, 117 NW Lafayette Aver Bend, Oregon 97703 Tel: (541) 385-1708 1 Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback Survey From: Nicole Mardell <nmardell@ci.sisters.or.us> Sent: Wednesday, March 24, 2021 10:21 AM To: Nick Lelack <Nick.Lelack@deschutes.org> Cc: Cory Misley <cmisley@ci.sisters.or.us>; Scott Woodford <soodford@ci.sisters.or.us> Subject: RE: Draft Deschutes County CDD 2021-22 Annual Report & Work Plan Hi Nick, Thanks for your question last night regarding the timeline for a UGB expansion and County assistance in that process. As I mentioned last night it will be a few more months before we can determine the need for/extent of a UGB expansion, but for the purposes of CDD workplan we wanted to include a footnote for the project to assist in planning for County staff time. In talking with our consultants, we estimate the average UGB process as taking about 1-2 years. If it were determined to be needed we'd want to initiate the process soon after the Comp Plan adoption, likely in fall/winter 2021. Below is draft language on the task to include in the CDD work plan under City of Sisters coordination. Coordinate with the City of Sisters to update the UGB, if determined to be needed, following the Sisters204O Comprehensive Plan Update. Feel free to reach out with any questions and thank you! Nicole Nicole Mardell, LEED GA Principal Planner City of Sisters I Community Development Dept. PO Box 39 1 520 E. Cascade Ave., Sisters, OR 97759 Direct: 541-323-5208 1 City Hall: 541-549-6022 nmardellPci.sisters.or.0I www.ci.sisters.or.us 01le OF SISTERS This email is public record of the City of Sisters and is subject to public inspection unless exempt from disclosure under Oregon Public Records Law. This email is also subject to the City's Public Records Retention Schedule. From: Nick Lelack <Nick LelackP-deschutes.org> Sent: Thursday, March 11, 2021 7:30 PM To: Nick Lelack <Nick.LelackPdeschutes.org> Cc: _CDD Planning Division <cddplanningdivision@co deschutes.or.us>; Angela Havniear <Angela.Havniear@deschutes.orZ>; Chris Gracia <Chris.Gracial@deschutes.org>; Peter Gutowsky <Peter.Gutowsky@deschutes.org>; Randy Scheid <Randy.Scheid(@deschutes.org>; Sherri Pinner <Sherri.PinnerPcleschutes.org>; Todd Cleveland <Todd.Cleveland@deschutes.orR>; Tracy Griffin <Tracy Griffin(@deschutes.org> Subject: Draft Deschutes County CDD 2021-22 Annual Report & Work Plan Importance: High Greetings Everyone: Please find attached the Draft Deschutes County CDD 2021-22 Annual Report & Work Plan. We will conduct a Planning Commission public hearing on the draft work plan on Thursday, March 25 at 5:30 pm. You are welcome to participate online (Zoom link to be available soon) or in -person and/or submit written comments to me, which I will forward to the Planning Commission and Board of County Commissioners. We welcome all comments and suggestions. Public input improves our work plan every year and really makes a difference to our County and department. Please forward to others who may be interested, and let me know if you have any questions. Thank you. 117 NW Lafayette AveS ( Bend, Oregon 97703 Tel: (541) 385-1708 ( Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback Survey HIGH DESERT FOOD ALLIANCE Dear Nick Lelack - Community Development Director, Thank you for collecting written comments on behalf of the Deschutes County Commissioners Office. The High Desert Food and Farm Alliance is a 501c3 non-profit serving the tri-county area of Crook, Deschutes, and Jefferson counties. Since 2012, we have sought to support the local community of food growers, raisers, crafters, and consumers, through education, marketing, and other supports. We are writing to provide comment on behalf of our agricultural community partners to bring to the attention of the County Planning Commission Community Development Department concerns of county -level zoning and permitting regulations that impede on the operations and growth of many of these farm and ranch businesses. After speaking with a number of High Desert Food and Farm Alliance farmer and rancher partners, we've identified three main areas for the Deschutes County Commissioners Office to focus their work: Agritourism/On-Farm Sales Restrictions, Temporary Labor Housing Permits, and Meat Processing Limitations. Agritourism and On -Farm Sales Restrictions • We have heard from multiple partners that the permitting process and associated fees for starting a farmstand or agritourism operation are prohibitive, especially for newer and smaller operations. • Between the administrative determination, site plan review, landscape management site plan review, and a permit fee for a sign, one farmer calculated that just to get started they would need to invest $3,000 into the permitting process alone. This start up cost is prohibitive to this operation and does not make economic sense for them at this time. However, they feel that they are losing out on sales by not being able to offer a farmstand on their property selling products sourced within Oregon at their operation. They also expressed that the permitting fees are one size fits all despite the scope of the project, which dissuades smaller and newer operations from entering new markets. • Partners have asked for clarity in current regulations surrounding the maximum number of events allowed per permit, specifically with regards to farm dinners prepared with food grown/raised on -farm. Example: A farmer can create and sell 100 meals daily for take -away through their farm store, but if they want to offer a farm -to -table dinner for 15, it counts as an event. Partners have asked for this regulation to be reexamined for potential allowances of small on -farm dinners as unique and separate from larger events (e.g. weddings). Temporary and Long -Term Labor Housing Permits • Some of our partners have voiced that the regulations surrounding the number of dwellings on an EFU property are unclear and/or antiquated. Many of our partners rely heavily on seasonal labor and with increasing housing costs in the county, they would prefer to offer their workers lodging. A review of non -relative worker housing regulations would be appreciated by many of our partners. • Another farmer also noted that the regulations for labor housing have an annual size and income limit which is virtually unachievable for smaller producers. They feel like this dissuades them from hosting apprentices, which in turn leads to a reduced number of beginning farmers and ranchers for the region. Meat Processing Limitations • Meat processing capacity limitations are a major issue in our region for a majority of ranchers. With only two USDA -inspected slaughter facilities in Central Oregon, ranchers are competing for slaughter dates and transporting their livestock out of the region for processing resulting in negative impacts on the environment, animal welfare, and the region's economics. We encourage the county to invest time from planners into working on eliminating the barriers that may impact custom -exempt facilities in the county from becoming USDA -inspected, such as waste disposal. Thank you for taking the time to review our comments and we look forward to seeing the finalized 2021-2022 Work Plan addressing these issues. Sincerely, Annie Nichols Farm and Ranch Support Manager High Desert Food and Farm Alliance From: Peter Gutowskv To: Brandon Herman Subject: FW: Light pollution Date: Wednesday, March 17, 2021 1:18:24 PM FYI. Peter Gutowsky, AICP I Planning Manager DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue I Bend, Oregon 97703 Tel: (541) 385-1709 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. -----Original Message ----- From: Wade Keffer <wskoregon@gmail.com> Sent: Wednesday, March 17, 2021 12:32 PM To: Planning Commission <PlanningCommission@deschutes.org> Subject: Light pollution [EXTERNAL EMAIL] Thanks to Peter Gutowsky and team for the dark sky ordinance. I live east just outside the new urban growth boundary. The new buildings had me very concerned about this subject. I am an electrician and truly appreciate down lighting and avoiding unnecessary light pollution. Keep up the good work! Sent from my iPhone From: Peter Gutowsky To: Brandon Herman Subject: FW: Lighting ordinance Date: Wednesday, March 17, 20219:34:35 AM Brandon, I foresee you undertaking the dark sky ordinance. FYI. Peter Gutowsky, AICP I Planning Manager DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue I Bend, Oregon 97703 Tel: (541) 385-1709 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. -----Original Message ----- From: Kathy Dimont <kdimontl @icloud.com> Sent: Wednesday, March 17, 2021 9:33 AM To: Peter Gutowsky <Peter. Gutowsky@deschutes. org> Subject: Lighting ordinance [EXTERNAL EMAIL] Please reconsider the regulation that permits bright lights to illuminate everything in the vicinity as long as they are on motion detectors and shine for 20 minutes or less. My neighbor's brilliant lights go on and off continuously throughout the night, enveloping my home. Blackout shades help, but nothing provides adequate protection. He insists that the lights are critical for "safety." Along with all the known damage to migratory birds and resident wildlife, this exception causes loss of sleep and comfort. Thank you. Kathy Dimont 19706 Buck Canyon Road 541-647-4617 From: Peter Gutowsky To: Brandon Herman Subject: FW: Oregon Dark Skies Date: Friday, March 19, 2021 11:03:43 AM Attachments: image001.pna image002.wa imaae003.png image004.ona Aaenda.pdf FYI. Peter Gutowsky, AICP ( Planning Manager t r`. 117 NW Lafayette Avenue I Bend, Oregon 97703 6Tel:6541) 385-1709 o Enhancing the lives of citizens by delivering quality services in a cost-effective manner. From: Peter Gutowsky Sent: Friday, March 19, 2021 11:03 AM To:'wsk412@sbcglobal.net' <wsk412@sbcglobal.net> Cc: 'Bill Kowalik' <bill.kowalik@darksky.org> Subject: RE: Oregon Dark Skies Thanks Bill. I appreciate the background information. Attached is the agenda with Zoom for next Thursday. Peter Gutowsky, AICP I Planning Manager 117 NW Lafayette Avenue Bend, Oregon 97703 6Tel: 541) 385-1709 (3 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. From: wsk412@sbcglobal.net <wsk412@sbcgloba1.net> Sent: Friday, March 19, 2021 10:22 AM To: Peter Gutowsky <Peter.Gutowsky@deschutes.org> Cc: 'Bill Kowalik' <bill.kowalik@darksky.org> Subject: Oregon Dark Skies [EXTERNAL EMAIL] Peter, It was good to speak with you yesterday. Related to that, I look forward to participating in the Planning Commission meeting on Thursday in support of updating the County's lighting ordinance. As we discussed, here's some background information on the activities of the Oregon Chapter of the International Dark -Sky Association. We focus on education and efforts to reduce light pollution. Light pollution is the inappropriate or excessive use of artificial light. It can have serious environmental consequences for humans, wildlife, and our climate through energy waste, and it hinders astronomy and enjoyment of the starry sky. Recognition of any kind of pollution must be based on quantitative measurements. State and Federal organizations measure air, water and soil pollution, but not light pollution. As a non-profit organization, we initiated a pilot project in Central Oregon two years ago to measure light pollution and are currently extending it across Oregon. Here's a link to our most recent report on that project, from December 2020. Btw, there is one Federal organization -- the National Park Service — which does measure light pollution and that is an effort to recognize and maintain pristine night skies at various National Parks. We give educational talks on the impact of light pollution — here's a link to the most recent talk "From Desert to Coast the Case for Dark Skies", which is from last week. This is by Mary Coolidge from Portland Audubon and a Board Member of IDA Oregon. Part of our educational outreach that people can relate to, is an effort to install All Sky Cameras in Oregon — here's a link to our webpage with an explanation of that —this includes a link to a live all sky camera which is located in Bend, looking up, above my house. Two other all sky cameras should be operational within a month or so — at the Oregon Observatory in Sunriver and at Pine Mountain Observatory. IDA Oregon supports organizations in Oregon working for recognition as "Dark Sky Places". Our first place in Oregon to be certified was Sunriver, last August. Prineville Reservoir State Park is close to achieving Dark Sky Park status. Pine Mountain Observatory has begun working toward it. Other communities and parks are moving forward on the concept. Hope that this helps to give some background on the work of our non-profit. Cheers, Bill Kowalik, PhD Chairperson Oregon Chapter of International Dark -Sky Association bill kowalik@darksky.org www darksk�aLeS_ n�o_rg https:/Zwww.instaRram.com/darkskyoregonZ Facebook: International Dark Sky Association - Oregon Chapter Our mission is to preserve Oregon's magnificent dark skies and to diminish light pollution for the health, safety, and well-being of all life. From: Peter Gutowskv To: Nick Lelack; Brandon Herman Subject: Fwd: Dark Skies in Deschutes County Date: Monday, March 22, 2021 7:11:37 PM Attachments: Dark Skies in Deschutes County- Honservatory odf FYI. Sent from my iPhone Begin forwarded message: From: Grant Tandy <grant@worthygardenclub.com> Date: March 22, 2021 at 10:32:54 AM PDT To: Peter Gutowsky <peter. gutowsky@deschutes. org> Subject: Dark Skies in Deschutes County [EXTERNAL EMAIL] Hi Peter, Worthy Brewing and the Hopservatory are in support of an enhanced lighting ordinance in Deschutes County, attached below is a letter to the Deschutes County Planning Commission. . Thank you! Grant Tandy E. Observatory Manager I Worthy Garden Club NASA/IPL Solar System Ambassador n ohiie: 541.610.9671 ciie: worthygardenclub.com Worthy Garden Club is a 501(c)(3) non-profit housed at Worthy Brewing Company. Our mission is to teach our community to respect and protect the beauty of our planet through cosmos viewing at the Hopservatory, sustainable landscape operations in the Worthy Gardens, re -wilding of timberlands along Tenmile Creek near Yachats, and educational events illuminating the threats to Earth's ecosystems. From: Peter Gutowskv To: Nick Lelack; Brandon Herman Subject: Fwd: Dark Sky Lighting Ordinance Date: Monday, March 22, 2021 7:10:56 PM FYI Sent from my Whone Begin forwarded message: From: Laurel Alyn-Forest <l.alynforest@gmail.com> Date: March 22, 2021 at 10:12:48 AM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Dark Sky Lighting Ordinance [EXTERNAL EMAIL] Mr. Gutowsky, As a Deschutes County resident and Board Member of the International Dark -Sky Association, I ask that Deschutes County move to update its outdoor lighting ordinance. The starry night sky is such a beautiful natural resource, good for humans and wildlife, and is a right by every person to have access to view and enjoy. Thank you for your time, Laurel Alyn-Forest IDA Board Member 2016-present From: Peter Gutowskv To: Nick Lelack; Brandon Herman Subject: Fwd: Deschutes County Lighting Ordinance Date: Saturday, March 20, 2021 12:38:29 PM FYI Sent from my iPhone Begin forwarded message: From: Accent Lighting <Lynn@accentlighting.com> Date: March 20, 2021 at 11:11:51 AM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Deschutes County Lighting Ordinance [EXTERNAL EMAIL] Good Morning Peter, This is Bob from Accent Lighting in Redmond. Just wanted to send a note to let you know we 100% support Dark Sky. If there's any info we might be able to provide you, such as cut sheets on Dark Sky lighting, let me know! Bob Warmbold, CLC, CLKB, ALA Oregon's Only Showroom With Certified Lighting Consultants Accent Lighting 655 NW Greenwood Avenue Redmond, OR 97756 541-316-1610 accentlighting.com Winner —Exceptional Corm unitY Service —Residential Lighting Magazine Winner —Showroom of the Yem—Lighting and Decor Magazine Arts Award Ifinner—Dallas Market Center Ails From: Peter Gutowskv To: Nick Lelack; Brandon Herman Subject: Fwd: Lighting ordinance Date: Sunday, March 21, 2021 9:38:21 PM FYI Sent from my iPhone Begin forwarded message: From: MARK GREENE <mwg3341@gmail.com> Date: March 21, 2021 at 5:53:52 PM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Lighting ordinance [EXTERNAL EMAIL] Mr. Gutowsky: I strongly support updating the County's lighting ordinance. The population of our area is expanding rapidly, but population growth in Deschutes County will not necessarily translate into more light pollution if we adopt principles of quality lighting - for example - security lights on motion sensors instead of on all night! I have lived in Bend for 10 years. The stars were once much more visible. Improved lighting and enforcement of the ordinance can bring back the stars to Central Oregon. Poor lighting is wasteful of energy. This can be a win -win situation. Please introduce a goal and ordinance in support of quality lighting and contribute some part to saving energy and combating climate change. With warm regards, Mark Mark W. Greene, MD 210 508 3341 From: Peter Gutowsky To: Brandon Herman; Nick Lelack Subject: Fwd: Lighting Ordinance Update --My Comments Date: Monday, March 22, 2021 7:44:01 AM FYI Sent from my iPhone Begin forwarded message: From: Steve Moore <darkcanyonsteve@yahoo.com> Date: March 21, 2021 at 10:23:51 PM PDT To: Peter Gutowsky <peter. gutowsky@deschutes. org> Subject: Lighting Ordinance Update --My Comments [EXTERNAL EMAIL] Hello, Mr. Gutowski, Regarding the Planning Commission meeting coming up March 25, 1 wish to submit my pitch that the Commission adopt measures to strengthen lighting ordinances to direct night lighting only where needed for safety and function, and endeavor to preserve and/or restore darkness to our night skies. While my personal interest is night sky viewing, this is also a proposal to allow wildlife to flourish in their nighttime migrations and movements, and to benefit human health. Excess artificial light is being linked to sleep disturbances and cancer in human populations. Looking over the agenda and work plan, it amazes me that one Commission can totally discuss, much less decide, on such a large area of responsibility, but I hope your body helps set a path to dark sky management and protection. Thank you. Steven Moore 2507 NE Harvey Ln Bend, OR 97701 541-815-7325 From: Peter Gutowsky To: Nick Lelack; Brandon Herman Subject: Fwd: Please Support Bend"s Dark Skies Date: Tuesday, March 23, 2021 7:35:54 AM FYI Sent from my iPhone Begin forwarded message: From: Roben Cahoon <bedonow@gmail.com> Date: March 22, 2021 at 7:57:14 PM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Please Support Bend's Dark Skies [EXTERNAL EMAIL] Hello Mr. Gutowsky, Central Oregon is NOT and does not want to be LA, Seattle, or Portland. If there is a small vocal group complaining about our dark skies, they might want to go to another area. We want Dark Night skies that are people and wildlife friendly. The City is way overdue in updating and enforcing night sky friendly lighting. We missed the boat already by allowing Pacific Power to install bright LED lights without proper shielding in our street lights. Please update the code so we can continue to enjoy dark skies. Please enforce night sky friendly lightly evenly all over town not just on the west side. Off of Reed Market and on 9th street we have many commercial buildings with lights that shine into people's eyes and can be seen for a mile or more. All exterior lights both commercial and residential should point downward and have proper shielding. Bare bulbs in clear glass should not be permitted, they are not kind to people or wildlife. Wall pack lights on commercial buildings should NOT be given an exemption as they are not even following the spirit of our current code. Shame on Bend code enforcement for not enforcing the code we all ready have. People can see and do not need blinding light to be out and about after sunset. We do not need to light up the sky in order to be out after dark. This is not about no light, it is about light that is kind to people and wildlife. This is not any different than having code restricting loud music, littering or obnoxious signage. This is even more important now due to the recent changes in light bulb technology. Please save our Dark Skies. Sincerely Roben Cahoon bedonow@.gmail.com 541-639-1270 From: Peter Gutowsky To: Brandon Herman; Nick Lelack Subject: Fwd: Please update the lighting ordinance to protect dark skies! Date: Saturday, March 20, 2021 9:24:53 AM Since the News 21 interview, several people have reached out to support revisiting the dark skies ordinance. It will be worth mentioning it to the PC on Thursday. Sent from my iPhone Begin forwarded message: From: Robin Leavy Werdal <robininthegarden@gmail.com> Date: March 20, 2021 at 8:37:16 AM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Please update the lighting ordinance to protect dark skies! [EXTERNAL EMAIL] Good morning Mr. Gutowsky, My husband and I are Bend residents for 6 years now. We really enjoy our lives here, living so close to nature in our backyard. We are in the SW Bend neighborhood, just half a block away from the city's edge. So we are interested in city ordinances AND county ordinances. Being able to see the stars at night should be a human right. Controlling lighting is actually pretty easy to do. Reducing glare by making sure bulbs are covered and the light points downward improves visibility immensely. And it improves the quality of life for all who live nearby. My husband and I visited Flagstaff, AZ, to enjoy the night skies. That city developed along with the famous Lowell observatory on Mars hill there in town, so all of their outdoor lighting is minimal. The astounding thing was to experience how much better one could see in what appeared to be dim lighting, compared with how poorly one can see with typical unshielded street lights. AND you can see the stars! Poorly designed outdoor lighting is very detrimental to wildlife. It affects not only insects, but also and especially migrating birds. They do most of their migrating at night and they use the stars. They do. So much of the natural world is stressed by human activities, we have a moral obligation to reduce our impact as much as we are able, to strive to allow the world to remain as untouched by us as possible. Light at night is a big deal. Necessary sometimes, but it should be in the least impactful way possible. Avoid glare (unshielded bulbs), upward direction of unshielded light, and skyglow. Please do the right thing and move our community in a direction that benefits humans and wildlife, that is to say, the entire environment. International Dark -Skies Association is a pre-eminent non-profit organization that promotes good, responsible outdoor lighting. I hope you might use them as a resource for developing the best lighting ordinances. We have a local chapter, run by Bill Kowalik and Cathie Flanigan. You can reach them at IDAOregonna .darksky. org. Sincerely, Robin & Jon Werdal From: Peter Gutowsky To: Nick Lelack; Brandon Herman Subject: Fwd: Public Input Natural Night Protection Date: Sunday, March 21, 2021 9:39:05 PM FYI. Sent from my iPhone Begin forwarded message: From: Mark Baker <mbaker@softlights.org> Date: March 21, 2021 at 2:33:50 PM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Public Input Natural Night Protection [EXTERNAL EMAIL] Dear Peter Gutowsky, Deschutes County, This is a public comment regarding the protection of the natural night resource and the Deschutes Work Plan. Natural night is a fundamental resource that is critical for the health and proper functioning of nearly all biological systems, including humans. Research has now clearly shown that artificial lights pollute the natural night resource and is leading to significant increases in thyroid, breast and prostate cancers, psychological disorders, and premature births. Many of these research studies can be found on our website here: www.softlights.org/resources In addition, people who are light sensitive are being harmed by the rapid increase in artificial light, especially high luminance and/or high color temperature LED lighting. The Americans with Disabilities Act requires that the city's ADA Coordinator engage with the disability community as the work plans for outdoor lighting are developed. The city must engage with light sensitive people such as those with autism, PTSD, migraine sufferers, lupus, generalized anxiety disorder and other sensitive receptors. In general, a city can meet ADA requirements and protect against the biological harms of artificial light by following these standards. 1) Maximum color temperature anywhere in the county must be 2700 Kelvin. Maximum color temperature for residential and rural areas must be 2200K. Higher color temperature means more harm, not better acuity or safety. 2) Diffuse and shield all outdoor lighting. Bare -diode LEDs will damage our eyes. Undiffused light pollutes the darkness and suppresses melatonin production and causes illegal nuisance light trespass. 3) Set curfews on light pollution. l0pm to 6am should be essentially starlight and moonlight only in order to protect biological systems such as humans, birds, insects, amphibians, fish and plants. 4) Prohibit high luminance flashing lights to protect mental health. Flashing lights generally cause anxiety and reduce safety. Use soft, static lighting instead. While the International Dark Sky Association aims to protect the night sky for viewing, and we fully support this, Soft Lights aims to protect the natural night from pollution for reasons of physical and mental health. We stand by ready to assist Deschutes in developing natural night protection ordinances. Sincerely, Mark Baker, B.S.E.E. Soft Lights mbaker& so ftlights. org www.softlights.org Facebook: www.facebook.com/groups/­­softlights.org Twitter: @softlights_org From: Peter Gutowsky To: Nick Lelack; Brandon Herman Subject: Fwd: Update to County Lighting Ordinance Date: Monday, March 22, 2021 7:20:19 PM Attachments: image001.Dna imaae002.Ona imaQe003.pna imaae004.12no FYI Sent from my iPhone Begin forwarded message: From: Nick Lelack <Nick.Lelack@deschutes.org> Date: March 22, 2021 at 3:27:11 PM PDT To: wsk412@sbcglobal.net Cc: Bill Kowalik <bill.kowalik@darksky.org>, Peter Gutowsky <peter. gutowsky@deschutes. org> Subject: RE: Update to County Lighting Ordinance Thanks Bill. Keep the letters coming. We welcome and appreciate public comments on our work plan. I will assemble them all and provide them to the Planning Commission this Thursday at their hearing. Nick Lelack, AICP Director 117 NW Lafayette Ave Bend, Oregon 97703 Tel: (541) 385-1708 1 Cell: (541) 639-5585 Let us know how we're doing: Customer Feedback survey From: wsk412@sbcglobal.net <wsk412@sbcglobal.net> Sent: Monday, March 22, 2021 3:24 PM To: Nick Lelack <Nick.Lelack@deschutes.org> Cc: Planning Commission<PlanningCommission@deschutes.org>;'Bill Kowalik' <bill.kowalik@darksky.org>; Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: FW: Update to County Lighting Ordinance [EXTERNAL EMAIL] Nick, I received an "out of office" response from my email below, and I understand that Peter Gutowsky is on vacation this week. So, I'm forwarding this email to you and the Planning Commission so that you have it prior to the Planning Meeting this Thursday regarding the County's 2021-2022 work plan. Several other residents of Deschutes County will likely also forward their emails on the lighting ordinance update to you as well. Cheers, 911 From: wsk412@sbcglobal.net <wsk412@sbcglobal.net> Sent: Monday, March 22, 2021 9:28 AM To: Peter.Gutowsky@deschutes.org Cc: 'Bill Kowalik' <bill.kowalik@darksky.org>; wsk412@sbcglobal.net Subject: Update to County Lighting Ordinance Peter, I want to go on record as strongly supporting an update to the Deschutes County lighting code. Since the County passed the current Outdoor Lighting Ordinance 25 years ago, a lot has changed in lighting technology and in the recognition of how outdoor lights affect people, wildlife and the environment at night. The current ordinance requires that outdoor lights be shielded with line -of -sight of the lamp limited to the property. Lighting engineers recognize that color temperature, brightness and duration of lighting at night, for example from the interior of glass greenhouses- despite internal light shielding - are also worthy of consideration. This topic is relevant to County goals of promoting health, safety, livability, sustainability and energy savings. I look forward to the Planning Meeting on Thursday and will participate via Zoom. Thank you, Bill Kowalik, PhD Bend, OR Chairperson Oregon Chapter of International Dark -Sky Association bill.kowaIikPdarksky.org www.darkskyoregon.org https•//www.instagram.com/darkskyoregon/ Facebook: International Dark Sky Association - Oregon Cha tamer From: Peter Gutowskv To: Brandon Herman; Nick Lelack Subject: Fwd: yay darkness, my old friend Date: Saturday, March 20, 2021 12:38:04 PM FYI Sent from my iPhone Begin forwarded message: From: Patty Giffin <pattygiffin@gmail.com> Date: March 20, 2021 at 11:03:55 AM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: yay darkness, my old friend [EXTERNAL EMAIL] Hello Peter, Just a quick note of support for updating Deschutes County's lighting ordinances. I am an avid lover of darkness, stars, the Milky Way, telescopes, and sitting in my yard on the Westside of Bend enjoying the night. Light pollution has increased during my 25 years of living in Bend, truly a heartbreak in terms of what we have lost. I hope you are familiar with the International Dark -Sky Association which has excellent videos and materials for businesses and homeowners to understand why darkness is important for our health and the health of our environment. Good luck on Thursday. I will be in attendance if my schedule permits. Thank you for your work, Patty G Patty Giffin, Ph. D. Licensed Psychologist EMDRIA Approved Consultant Trauma Recovery -HAP EMDR Trainer Certified Yoga Teacher 541-3 89-4041 pattygiffin@gmail.com Email is not confidential. In general it is best to schedule and ask questions by phone. https://smex-ctp.trendmicro.com:443/wis/clicktime/v 1/query? url=www.bendpsych.com&umid=2c 1452ea-3 69e-4987-9049- 89ae0e90a6d4&auth=75613ac83aa4324cdla9473ac3e5dd9ae52b275b- 31cb7582fl51a5dc1fa6ab5b51352c1521093507 Is my belief true? Can I know it to be absolutely true? Who am I as a result of my belief? Who would I be or what would happen if I dropped this belief? ....adapted from Byron Katie From: Nick Lelack To: Brandon Herman Subject: Fwd: Dark skies ordinance Date: Wednesday, March 24, 2021 9:32:01 PM Nick Lelack, AICP Deschutes County Community Development Director 541-639-5585 Sent from my iPhone Begin forwarded message: From: "Givot, Rima" <rima.givot@ssd6.org> Date: March 24, 2021 at 9:15:03 PM PDT To: Nick Lelack <Nick.Lelack@deschutes.org> Subject: Dark skies ordinance [EXTERNAL EMAIL] Hi Nick, I am writing, urging Deschutes county to update the dark sky ordinance and to actively work to reduce light pollution in Deschutes county, especially with the increase in population. Please make this a priority to preserve our dark skies. Sincerely, Rima Givot From: Nick Lelack To: Brandon Herman Subject: Fwd: I support the Lighting Ordinance Update Date: Thursday, March 25, 2021 5:38:46 AM Nick Lelack, AICP Deschutes County Community Development Director 541-639-5585 Sent from my iPhone Begin forwarded message: From: Ruth Ruder <renoruthie@att.net> Date: March 25, 2021 at 2:33:11 AM PDT To: Nick Lelack <Nick.Lelack@deschutes.org>, Planning Commission <PlanningCommis sion@deschutes. org> Subject: I support the Lighting Ordinance Update [EXTERNAL EMAIL] Community Development Director Lelack, I totally support an update to the Deschutes County Lighting ordinance. I have lived in Bend for 8 years and had a house in Sunriver from 1963 to 1997. I knew Larry Pratt, who worked on the dark sky efforts in Sunriver during the years he lived outside Sunriver. My husband and I have been aware of the importance of the dark sky since we started coming to Central Oregon in 1981. We need to develop a broad base of support so Central Oregon can keep its dark sky for astronomers and for others who need the quality of life it brings. Sincerely yours, Ruth Ruder Bend Resident 541 7280843 From: Peter Gutowsky To: Nick Lelack; Brandon Herman Subject: Fwd: Lighting ordinance Date: Wednesday, March 24, 2021 1:51:24 PM FYI Sent from my iPhone Begin forwarded message: From: Karen Daniels <wellspringsibend@gmail.com> Date: March 24, 2021 at 12:52:45 PM PDT To: Peter Gutowsky <peter.gutowsky@deschutes.org> Subject: Lighting ordinance [EXTERNAL EMAIL] Hi Peter, I am writing to encourage Deschutes County to update its lighting ordinance. As our region has exploded in growth, our night skies have suffered. Dark skies at night have aesthetic and environmental importance, and health implications. Thank you, Karen Daniels USDA United States Department of Agriculture Natural April 29, 2021 Resources Conservation Service Mr. He e , County Commissioner Chair 1201 NE Lloyd Deschutes County Board of Commissioners Blvd. 1300 NW Wall, Suite 200 Suite 900 Portland, OR 97232 Bend, OR 97703 503-414-3200 Subject: Lone Pine Irrigation District Infrastructure Modernization Project Draft Watershed Plan —Environmental Assessment Dear Mr. Henderson, Embedded in this letter is a website link to the copy of the draft watershed plan — environmental assessment (Draft Plan -EA) for the Lone Pine Irrigation District Infrastructure Modernization Project, located in Crook, Jefferson, and Deschutes County, Oregon. Farmers Conservation Alliance prepared this Draft Plan -EA for the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) in cooperation with the Deschutes Basin Board of Control (lead sponsor) and Lone Pine Irrigation District (co-sponsor). This plan was prepared under the authority of the Watershed Protection and Flood Prevention Act (Public Law 83-566) and in accordance with section 102(2)(c) of the National Environmental Policy Act of 1969 (Public Law 91-190). The purpose of this project is to improve water conservation and water delivery reliability on District -owned canals and laterals. Lone Pine Irrigation District proposes to realign the District's conveyance system to achieve optimal efficiency of water delivery and reduce costs, construct a new river crossing at the Crooked River and enter the District from the southern boundary, install 10.9 miles of pressurized buried pipe, and decommission 9.7 miles of open canal. The proposed project would improve irrigation water management and delivery, reduce district operations and maintenance costs, and enhance streamflow in the Deschutes River. We are requesting that you review this project in accordance with section 102(2)(C) of the National Environmental Protection Policy Act of 1969 (Public Law 91-190). We request that comments be received by this office on or before May 20, 2021. If your comments are not received by the due date, we will assume you do not wish to comment. The Draft Plan -EA is available for public review and comment. Copies may be obtained by contacting Gary Diridoni, Assistant State Conservationist (Watershed Resource Planning), USDA, NRCS, 1201 NE Lloyd Blvd, Suite 900, Portland, Oregon, 97232, phone 503-414-3092 or gary.diridoni@usda.gov. An electronic An Equal Opportunity Provider, Lender, and Employer FA version has been made available for viewing and downloading at Oregon Watershed Plans web page, found at https:Horegonwatershedplans.org. NRCS will consider all comments received and will respond to those received by May 20, 2021. Comments received will be made available for public inspection. Sincerely, N A �® Digitally signed by R®-0700'RONALD ALVARADO ALVARA®0 021.04.2916:25:43 RONALD ALVARADO State Conservationist Enclosure: Notice of Availability of Draft Watershed Plan -Environmental Assessment and Public Meeting on May 5, 2021 for Lone Pine Irrigation District Infrastructure Modernization Project Cc: Gary Diridoni, ASTC- Watershed Resources and Planning, NRCS ZJ_pv An Equal Opportunity Provider, Lender, and Employer