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2021-218-Minutes for Meeting May 05,2021 Recorded 6/2/2021vT E S .COG BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County CJ2021-218 Nancy Blankenship, County Clerk Commissioners' .journal 06/02/2021 4:03:11 PM 2021-218 FOR RECORDING STAMP ONLY 9:00 AM Wednesday, May 5, 2021 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang, Also present were Tom Anderson, County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant (via Zoom conference call). Attendance was limited due to Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: [a]IIIIM41,111111111►,1211 Commissioner DeBone acknowledged emails received through the Citizen Input line: • Shelly Walter expressed concern of Homeless Population • Shannon Berlant expressed opposition to COVID 19 declared emergency • Joan Rowe expressed disappointment of the shutdown of Oregon and supported work done by the Mayor of Baker City • Tim Crowley expressed the need to stop the madness of COVID19 BOCC MEETING MAY 5, 2021 PAGE 1 OF 10 • Cindy Perrine expressed disappointment of the Commissioner's vote for the expense of removing Worrell Park for only 70 parking spaces. Commissioner Chang commented on the status of Worrell Park and noted there is a public process to see that design before any construction and asks the public to give the Commissioner a chance to review the design. Commissioner Adair reminded the public of the FireFree event and the importance of cleaning up your property and announced a new brochure available from our County Forester and Fire Adapted Communities Coordinator. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of the Consent Agenda CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2021-026, Extending FTE Within the 2020-21 Deschutes County Budget 2. Consideration of Board Signature of Purchase Agreement, Document No. 2021-213, and Acceptance of Deed of Dedication, Document No. 2021-214, from South Tricopro, LLC for Right of Way for the NE Negus Way and NE 17t" Street Improvement Project 3. Consideration of Board Signature of Document No. 2021-360; Gate Permit No. 21-001, Authorizing 20925 Harper Road, LLC to Construct, Operate and Maintain a Gate on Harper Road 4. Consideration of Board Signature of Order No. 2021-014, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale 5. Consideration of Board Signature to Thank Scott Asla of the Deschutes County Planning Commission 6. Approval of Minutes of the April 23, 2021 Legislative Update BOCC MEETING MAY 5, 2021 PAGE 2 OF 10 ACTION ITEMS: 7. Code Enforcement Policy Update Community Development Director Nick Lelack introduced this item noting the department will provide the update and draft policy and will come back this month to address the County's nuisance code and a public hearing will be scheduled in June. Code Enforcement staff present via Zoom conference call were John Griley, Dan Smith, and Peter Gutowsky. Mr. Griley presented an overview of Code Enforcement and compliance program. Commissioner DeBone proposed several items of language revisions within the draft Code Compliance Program Policy and Procedures Manual. 8. Consideration of Board Signature of Document No. 2021-308, an Approval of a Conditional Use Permit and Site Plan Review for a Private Campground at 64041 N Highway 97 Community Development Department Associate Planner Cynthia Smidt and Assistant Legal Counsel Adam Smith presented (via Zoom conference call) the revised document based on recommended revisions from the April 28, 2021 BOCC meeting. CHANG: Move approval of Document No. 2021-308 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 9. Consideration of Board Signature of Document No. 2021-223, Findings and Decision Re: Three Sisters Irrigation District Subject Property Located at 18150 Simmons Road, Sisters, OR Community Development Department Associate Planner Tarik Rawlings and BOCC MEETING MAY 5, 2021 PAGE 3 OF 10 Assistant Legal Counsel Adam Smith presented (via Zoom conference call) the document based on recommended official approval based on discussions from the April 28, 2021 BOCC meeting. Commissioner Chang commented there was no critical mass of evidence that the construction would result in changes in flow of Whychus Creek and if there are mechanisms to revisit this issue to address any grievances. Mr. Rawlings offered his thoughts that complaints could possibly be brought to the Code Enforcement department for investigation. CHANG: Move approval of Document No. 2021-223 DEBONE: Second VOTE: CHANG: Yes ADAIR: Recused due to declared property ownership within the district DEBONE: Chair votes yes. Motion Carried RECESS: At the time of 9:45 a.m., the Board took a recess and reconvened the meeting at 9:57 a.m. 10.COVID19 Update Health Services staff Nahad Sadr-Azodi, Molly Wells -Darling and Sarah Hutson presented via Zoom conference call. Presentation is attached to the record. Commissioner Chang expressed the need to reduce the number of cases and encouraged personal responsibility and stressed the benefits of vaccination. FEMA financial support is available through September. Discussion held on recent protests at a local high school and whether same might act to intimidate the students going in for the COVID vaccination. Chief Financial Officer Greg Munn presented an update on the financial side of the COVID response. Deschutes County received approval of an additional $1.3 million state award for business assistance. Mr. Munn presented an amendment for consideration. Discussion held on the logistics of the application process for businesses. Commissioner Adair recommended having Internal Auditor David Givans assisting on this process to get the BOCC MEETING MAY 5, 2021 PAGE 4 OF 10 funds out to businesses as quickly as possible. Commissioner Adair suggested a public message to announce to the community the funding is available. Commissioner Chang recommended working with COIC on this process. Commissioner DeBone is also supportive. ADAIR: Move acceptance of the grant funds and authorize County staff to execute the amendment. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried The Board supported Central Oregon Intergovernmental Council as the primary entity to coordinate the distribution of the funds with assistance of Internal Auditor David Givans and requesting the Chambers of Commerce to publish communications to businesses. Based on earlier conversation, Mr. Munn explained the FEMA funds through the Oregon Health Authority is for a mass vaccination clinic but expects that funding will also be provided for ongoing vaccination distribution efforts. 11.Q3 Performance Measure Updates Communications Director Whitney Hale introduced the departments providing the third quarter performance measure updates. Sheriff's Office staff Business Manager Joe Brundage and Captain Paul Garrison presented via Zoom conference call for a report on the goal of safe communities and measure on patrol community contacts. Facilities Department Director Lee Randall presented via Zoom conference call for a report on the goal of safe communities and collaborating with partners to prepare for and respond to emergencies and disasters. As Judge Fadeley was busy in Court, Ms. Hale reported on the Justice Court goal on service delivery and the resolution of small claim cases before trial. BOCC MEETING MAY 5, 2021 PAGE 5 OF 10 Environmental Health Supervisor Eric Mone presented via Zoom conference call and discussed the goal of healthy people and the support of health and safety by reducing outbreaks of food borne illnesses through inspections of licensed facilities. Solid Waste Operations Director Timm Schimke and Management Analyst Sue Monette presented via Zoom conference call and reported on the goal of healthy people through sustaining natural resources in balance with community needs. RECESS: The Board went into recess at 11:55 a.m. and reconvened the meeting at 1:00 P.M. 12.American Rescue Plan Funding Preliminary Groundwork Discussion Chief Financial Officer Greg Munn presented an update on the funds through the American Rescue Plan and asked for the Commissioner's priorities. Commissioner Adair is interested in signing bonuses to help our businesses to find employees and lessen the unemployment numbers. Commissioner Chang is interested in assisting businesses in finding employees as well but doesn't feel that the expanded unemployment benefits are the reason why some local employers cannot find employees; he feels that major impacts include affordable housing and childcare. Commissioner Chang discussed the concept of providing funding for bonuses to essential employees in the private sector who have been working through the pandemic to help make food and other essential products available. Commissioner DeBone feels infrastructure type systems of road, sewer, and water could be structural long term investments to help looking at the cost of housing. Commissioner DeBone welcomes every business to participate in a vibrant economy. Commissioner Adair spoke on the impact to the small businesses and the importance of hearing from our Chambers of Commerce. Commissioner Adair commented on the need for schools to not focus so much on using recovery money for construction but instead direct attention on education needs of our students. Commissioner Chang noted the need to assist our BOCC MEETING MAY 5, 2021 PAGE 6 OF 10 local artists and health care providers. Commissioner Adair spoke on the use of our vehicle fleet and the need for another review to ensure efficient inventory and use. Commissioner Chang recommended a work group formed to advise the Commissioners on the best way to assist businesses. Commissioner DeBone feels forming a committee may take too much time. Commissioner DeBone would like to work with our City partners and governing bodies to decide on the funding paths. Commissioner Adair stressed the importance of ensuring the federal government follow the funding process. Mr. Munn reported on an addition to the budget for these funds as well as requests for additional FTE in the Finance Department to manage the ARP funds. 13.Consideration of Board Signature of Document No. 2021-324, PacificSource Lette% of Agreement Behavioral Health Services Managerjanice Garceau presented the item via Zoom conference call. ADAIR: Move approval of Document No. 2021-324 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 14.Consideration of Board Signature of Document No. 2021-364, Central Oregon Health Council Letter of Agreement Behavioral Health Services Managerjanice Garceau presented the item via Zoom conference call requesting signature today if approved. CHANG: Move approval of Document No. 2021-364 ADAIR: Second BOCC MEETING MAY 5, 2021 PAGE 7 OF 10 Commissioner Adair inquired why the document was presented so late if it is due to COHC today. Ms. Garceau indicated that the issue is in flux and that the department had very little lead time. County Counsel Dave Doyle noted that his staff just alerted him that the document is to be signed electronically and submitted through an e-portal. VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 15.Harper Bridge Update and Operational Plan for 2021 Road Department Director Chris Doty presented via Zoom conference call giving an update of the Harper Bridge operational strategy, proposed amendments to the bridge jumping ordinance, and parking restrictions. Commissioner Chang expressed support of the options that Mr. Doty has presented to address safety concerns at the bridges within the County. A Board Order will be presented to the Board to consider the restriction of parking. Commissioner DeBone asked for a better understanding of the posting of bridge jumping at all bridges in the County as he has not had any public input on that issue. Mr. Doty noted that signs will only be posted where there is a demonstrated problem. Commissioner DeBone would advocate for a public hearing. County Counsel Doyle noted that the proposed amendments to the bridge jumping code section is set for a public hearing on Wednesday, May 19. Commissioner Chang can see how jumping from a bridge is dangerous and is concerned of the effectiveness of the ordinance and posting of a sign to prevent and discourage people from jumping. Commissioner Adair commented the posted signs provide some protection for the County. Commissioner DeBone commented on the issues of trash and bathrooms at the Harper Bridge parking area. Mr. Doty will proceed with lower speed limit signs, placing signs messaging congestion, and enforcement of parking and speed enhancement. BOCC MEETING MAY 5, 2021 PAGE 8 OF 10 OTHER ITEMS/COMMISSIONER UPDATES: • Commissioner Chang was invited to a prescribed fire visit yesterday and a story with Central Oregon Daily and the need for fuels reduction work. • Commissioner Adair visited a prescribed fire at Camp Sherman on Friday. Commissioner DeBone reported on the virtual Public Safety Coordinating Council meeting yesterday. EXECUTIVE SESSION: At the time of 3:05 p.m., the Board went into Executive Session under 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 3:13 p.m. to make the following motion: CHANG: Move approval of the MOU Document No. 2021-388 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried At the time of 3:15 p.m., the Board went into Executive Session under 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 3:38 p.m. At the time of 3:38 p.m., the Board went into Executive Session under 192.660 (2) (e) Property Negotiations. The Board came out of Executive Session at 3:43 p.m. At the time of 3:43 p.m. the Board went into Executive Session under 192.660 (2) (h) Litigation. The Board came out of Executive Session at at 3:57 p.m. to direct staff to proceed as discussed. BOCC MEETING MAY 5, 2021 PAGE 9 OF 10 Being no further items to come before the Board, the meeting was adjourned at 3:57 p.m. DATED this Day of 2021 for the Deschutes County Board of Commissioners. P` I I ffle-� - '116� - 4:�6� IL CHANG, VICE CHAIR i PATil ADAIR,COMMISSIONER BOCC MEETING MAY 5, 2021 PAGE 10 0F 10 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 9:00 AM, WEDNESDAY, MAY 5, 2021 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are Board of Commissioners BOCC Meeting Agenda Wednesday, May 5, 2021 Page 1 of 4 providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 8:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2021-026 Extending FTE Within the 2020-21 Deschutes County Budget 2. Consideration of Board Signature of Purchase Agreement, Document No. 2021-213, and Acceptance of Deed of Dedication, Document No. 2021-214, from South Tricopro, LLC for Right of Way for the NE Negus Way and NE 17Th Street Improvement Project 3. Consideration of Board Signature of Document No. 2021-360: Gate Permit No. 21- 001, Authorizing 20925 Harper Rd, LLC to Construct, Operate, and Maintain a Gate on Harper Rd 4. Consideration of Board Signature of Order No. 2021-014, Declaring Certain Deschutes County Personal Property Surplus and Authorizing Sale 5. Conisideration of Board Signature to Thank Scott Asia of the Deschutes County Planning Commission 6. Approval of Minutes of the April 23, 2021 Legislative Update ACTION ITEMS 7. 9:05 AM Code Enforcement Policy Update -John Griley, Code Enforcement Specialist Board of Commissioners BOCC Meeting Agenda Wednesday, May 5, 2021 Page 2 of 4 8. 9:40AM Consideration of Board Signature of Document No. 2021-308, an Approval of a Conditional Use Permit and Site Plan Review for a Private Campground at 64061 N Highway 97 - Cynthia Smidt, Associate Planner 9. 9:55 AM Consideration of Board Signature of Document No. 2021-223, Findings and Decision Re: Three Sisters Irrigation District Subject Property Located at 18150 Simmons Road, Sisters OR - Tarik Rawlings, Associate Planner 10. 10:00 AM COVID19 Update 11. 11:00 AM Q3 Performance Measure Updates - Whitney Hale, Communications Director LUNCH RECESS 12. 1:00 PM American Rescue Plan Funding Preliminary Groundwork Discussion - Greg Munn, Chief Financial Officer 13. 1:30 PM Consideration of Board Signature of Document No. 2021-324, PacificSource Letter of Agreement. -Janice Garceau, BH Deputy Director 14. 1:40 PM Consideration of Board Signature of Document No. 2021-364, Central Oregon Health Council Letter of Agreement. - Kara Cronin, 15. 1:50 PM Harper Bridge Update and Operational Plan for 2021 - Chris Doty, Road Department 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 Wednesday, May 5, 2021 Page 3 of 4 Executive Session under ORS 192.660 (2) (d) Labor Negotiations 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. roDeschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need oilaccommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners BOCC Meeting Agenda Wednesday, May 5, 2021 Page 4 of 4 ES C,0& Z © Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of May 5, 2021 DATE: April 28, 2021 FROM: John Griley, Community Development, TITLE OF AGENDA ITEM: Code Enforcement Policy Update MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Angela Havniear, Coordinated Services Manager Code Enforcement Team DATE: April 28, 2021 RE: Update on the Code Compliance Program Review and Potential Amendments Purpose The purposes of this work session are to: 1. Provide an update to the Board of County Commissioners (Board) on the Code Compliance Program review and potential amendments; 2. Present and request initial feedback on the draft Code Compliance Policy and Procedures Manual Update; and 3. Discuss next steps. This project is included on the Community Development Department (CDD) 2020-21 Work Plan, and implements the Board's Safe Communities Goal. Summary CDD initiated a review of the Code Compliance Program with the Board in January, 2021. Two Board work sessions on this item have occurred on January 27, 2021 and on February 10, 2021. This Code Compliance project -began with a comprehensive program review, including major program elements and minor updates since the most recent program review in 2014. Key topics covered in the review have included the following: 1. Whether the Board recommends changes to existing major program elements (e.g., complaint policy, compliance policy, and policy on citation and penalty). 2. Whether the Board affirms or proposes changes to amendments enacted since 2014, such as: 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd a. Amending the complaint policy to specifically allow anonymous marijuana complaints; and b. A Board approved amendment to (Deschutes County Code 22.20.015) to restrict land use and development permits on properties with code violations. 3. Whether the Board supports a program name change to reflect the purpose (compliance rather than enforcement) from Code Enforcement to Code Compliance. 4. Potential amendments, in coordination with the Solid Waste Department and the Deschutes County Sheriffs Office (DCSO), to the County's Nuisance and Abatement code provisions. 5. A public input process to evaluate program updates recommended during this review and the adoption of any changes. The Board made the following decisions during the February, 2021 work session: (a) No changes to existing major program elements; (b) Adopt minor program updates, including a change to program and position titles emphasizing Code Compliance; (c) Make no change to Title 22 Land Use Planning procedures restricting development permits on properties with code violations; (d) Table a decision on the policy amendment allowing for anonymous complaints on marijuana, pending input from the public and other stake holder groups (e.g. DCSO); (e) Direct staff to prepare a draft manual inclusive of updates which would be considered at a final work session prior to a public hearing; (f) Recommended staff research and propose updates to the County's Solid Waste Code (Title 13) and specifically the Nuisance and Abatement provisions. Board Discussion Staff will summarize the many changes to the draft Code Compliance Policy and Procedures Manual Update. The changes are too numerous to include a "strikeout" and "edited" version of the current Manual. Therefore, a clean version is attached for the Board's review. The following changes will be made to draft Manual update: 1. Format to be consistent with current County documents; and 2. Update the Preface section to include the changes made since 2014 and to reflect the process and results of this program review and update. Staff seeks Board comments, questions, or changes to the draft Manual update. Next Steps 1. Staff will schedule a work session for late May to: a. Present and seek Board questions and comments on draft amendments to the Nuisance and Abatement Codes. CDD, Solid Waste Department, and DCSO are currently coordinating on drafting these amendments. b. If the Board has any changes to the draft Code Compliance Policy and Procedures Manual Update, staff will also present those changes at the next work session. 2. Following the late May work session, staff will schedule a Board public hearing on the draft Code Compliance Policy and Procedures Manual Update and code amendments for late June or July. Deschutes County Community Development Department Code Compliance Program Policy and Procedures Manual � 04.28.2021 DRAFT Manual Update TABLE OF CONTENTS PREFACE.......................................................................................................................................................... 3 I. MISSION..........................................................................................................................................4 ILPURPOSE .........................................................................................................................................4 Ill. INTERPRETATION............................................................................................................................ 5 IV. CODE COMPLIANCE PHILOSOPHY...................................................................................................5 A. Enforcement Levels......................................................................................................................................5 B. Sequence of Enforcement...........................................................................................................................5 C. Criteria for Choosing Level of Enforcement...............................................................................................5 V. PRIORITIES FOR CODE ENFORCEMENT..........................................................................................6 A. Priority Cases........................................................................................................................................ 6 B. Lower Priority Cases.............................................................................................................................. 6 C. Solid Waste........................................................................................................................................... 7 VI. APPLICABILITY.................................................................................................................................7 VII. INITIATION OF CODE ENFORCEMENT..............................................................................................7 A. Resident Complaints....................................................................................................................................7 B. Observation by Code Compliance Staff................................................................................................ 8 C. Proactive Code Enforcement......................................................................................................................9 D. Permit/Approval Condition Monitoring by CDD Staff.......................................................................... 9 E. Report by County Staff.......................................................................................................................... 9 F. Report by County Commissioner........................................................................................................10 G. Information from Official County Records.........................................................................................10 Vill. RECORDING COMPLAINTS..............................................................................................................10 IX. NOTICE OF INVESTIGATION..........................................................................................................10 X. INVESTIGATION............................................................................................................................11 A. Preliminary Matters............................................................................................................................11 B. Establishing the Elements of a Violation.............................................................................................11 C. Assignment of Investigation and Enforcement Responsibility...............................................................12 D. Field Investigation......................................................................................................................................12 E. Report of Field Investigation...............................................................................................................13 XI. ENFORCEMENT PROCEDURES......................................................................................................14 A. Voluntary Compliance...............................................................................................................................14 B. Pre -Enforcement Notice...........................................................................................................................15 C. Citation and Complaint..............................................................................................................................16 D. Injunctions..........................................................................................................................................17 E. Permit Revocation......................................................................................................................................18 F. Nuisance Abatement..........................................................................................................................19 G. Dangerous Building Abatement................................................................................................................19 H. Investigative Fees...............................................................................................................................19 I. Assisting Enforcement by Other Regulatory/Licensing Agencies...........................................................19 J. County Cost Recovery................................................................................................................................20 K. Liens....................................................................................................................................................21 XII. RESOLUTION OF CODE COMPLAINTS............................................................................................21 XIII. AMENDMENTS ................................................................................................................................22 2 04.28.2021 DRAFT Manual Update Code compliance in Deschutes County is a high priority for the Board of County Commissioners ("Board"). The Board believes the policies and procedures in this manual will enhance code compliance and thereby the quality of life in Deschutes County. In August 1994, the Board established the Deschutes County Code Enforcement Task Force to study County Code Enforcement, to recommend improvements to the program and to identify statutory or County Code changes that may be required to increase the effectiveness of County Code enforcement. The task force included citizens, representatives of the construction and real estate industries, representatives of the state court system and law enforcement, County Legal Counsel, managers of the County's Community Development Department ("CDD") and the County's Code Enforcement staff. The task force met three times during 1994. In January of 1995, they presented a report to the Board containing their recommendations. The Board accepted those recommendations, and directed County staff to begin to implement them. Among the recommendations was the development of a County Code Enforcement policy and procedures manual. The key task force recommendation in 1995 was the implementation of a more "proactive", or County -initiated, Code Enforcement program. Such a program would begin simultaneously with adoption of the manual and would apply to County Code violations occurring on or after the effective date of the manual. This recommendation effectively created a two -pronged approach to code enforcement — somewhat different policies and procedures for violations occurring before, and after, the effective date of the manual. The intent of this approach was both to increase code enforcement after giving the community ample notice of the County's new, "tougher" enforcement policy, as well as to set enforcement priorities and manage the County's Code Enforcement workload in a manner that is realistic, clear and credible to the community. The original policies and procedures manual reflected this new approach. The County amended the manual in 1997 to reprioritize the criteria in Section IV and to reclassify and add enforcement staff. Since then, the County added Deschutes County Code ("DCC") Chapter 1.17 to adopt the required administrative hearings process required by ORS 455.157 adopted by the State Legislature in 2009 for building and specialty code violations. The County also amended Chapter 1.16 to add an additional injunctive remedy once a violation is cited into Circuit Court. In 2014, CDD staff reviewed the manual and suggested changes to the Board, which reviewed the staff -proposed changes and made additional revisions. In 2021, CDD staff reviewed the manual again and suggested changes to the Board. A noteworthy recommendation from this review was an option to change the title of the Community Development Department program from Code Enforcement to Code Compliance. The concept behind this change, which was ultimately adopted by the Board, was to better align the program title with its objective. This manual update is reflective of this and other minor operational updates approved by the Board. Prior to the 1995 manual, code enforcement was primarily reactive, generated by complaints. However, the complaint -driven system was not effective by itself in stemming the tide of County Code violations in the County. With the adoption of the original manual, CDD staff, with the assistance of County Legal Counsel, law enforcement and the court system, and within available resources, was 3 04.28.2021 DRAFT Manual Update able to undertake more proactive efforts to identify County Code violations and to obtain compliance as well as respond to citizen complaints. Similar to the 1995 manual, the proactive efforts under this 2021 manual will focus on the following areas: A Timely monitoring and enforcement by County staff of permit and approval conditions; A Revocation of permits for non-compliance; A Abatement of nuisances and dangerous buildings; A Assisting in related code enforcement by other agencies; and A Civil procedures to obtain compliance and to recover the County's code enforcement costs The mission of Deschutes County's Code Compliance Program is to protect the health and safety of the County's residents and visitors, and the livability of the community, by assuring compliance with the County's land use, environmental and construction codes. The County will assure County Code compliance both by encouraging voluntary compliance and by sanctioning code violators who do not comply. H. PURPOSE The purpose of the Deschutes County Code Compliance Program Policy and Procedures Manual (hereafter "manual") is to provide written guidelines for: A. The prioritization of code enforcement cases; B. Initiation and investigation of code violation complaints; C. Enforcement of the County Code through voluntary compliance; D. Prosecution of code violators who do not comply; E. Sanctioning of code violators and the assessment of fines and penalties; and F. Recovery of the County's investigation and enforcement costs. These written guidelines are intended to increase consistency and predictability within the County's Code Compliance Program, and to educate the County's residents and property owners about code compliance and the consequences of violating the County Code. 4 04.28.2021 DRAFT Manual Update III. INTERPRETATION This manual describes the standard policies and procedures for code compliance, and should be interpreted so as to maximize both the efficiency of the program and operations as well as compliance with County Code. This manual should be followed unless otherwise directed by the CDD Director or designee, the County Administrator or designee, or the Board of County Commissioners ("Board"). IV. CODE COMPLIANCE PHILOSOPHY oCc;S:s.a�'�:iz�'r'tt<r`�,-, ?3 t.t»°'k.z,`..iL''�'�2`.�a"�'�•`?' Fy-''"�,�,CSa: Policy. The County's policy is to achieve compliance with County Code in all cases of reported and verifiable code violations. However, the County has limited code compliance resources. Consequently, the County has established, through this manual, both a priority ranking for code enforcement and procedures designed to maximize available code compliance resources. The Code Compliance Program should follow the priority ranking set forth in Section V of this manual. It also should be flexible enough to allow the level of enforcement that best fits the type and circumstances of the code violation(s), within clear and objective criteria set forth in this manual and consistent with the priorities. A. Enforcement Levels. The levels of enforcement available to the County are: 1. Mediated settlement of code violation complaints; 2. Pre -Enforcement Notice (hereafter "PEN"); 3. Investigative fees on permits required for code compliance; 4. Obtaining voluntary compliance; S. Warning letters; 6. Citation and prosecution of violation in state court or Notice of Violation and Proposed Civil Penalty (hereafter "NOV") through County administrative hearings; 7. Petition for injunction in circuit court; 8. Nuisance or dangerous building abatement; 9. Permit revocation B. Sequence of Enforcement. The levels of enforcement are not mutually exclusive, and may be used alone or in sequence or combination with other levels. However, in most code violation cases, the County will use the code enforcement levels in the sequence they appear in Paragraph A. C. Criteria for Choosing Level of Enforcement. Some code violation cases may have aggravating circumstances requiring a different sequence for enforcement activity than that set forth in Paragraph A. The County may choose a different sequence if one or more of the following circumstances is present: 1. The code violation is severe (e.g., deviates greatly from the Code); 2. The violation poses a significant threat to public health and safety, or to the environment as determined by the Community Development Director or designee; 3. The violation may cause economic harm to residents or to the County as a whole; 04.28.2021 DRAFT Manual Update 4. The physical size or extent of the violation is significant as determined by the Community Development Director or designee; S. The violation has existed uncorrected fora significant period as determined by the Community Development Director or designee; 6. There is a previous history of complaints and code enforcement on the subject property and/or with the alleged code violator; 7. There is good potential for combining enforcement action on the violation with other violations; B. There is little likelihood of obtaining voluntary compliance. V. PRIORITIES FOR CODE ENFORCEMENT SON Policy. County staff shall attempt to investigate and resolve all code violations within budget and staffing resources. However, because of limited code compliance resources, there may be times when all code violations cannot be given the same level of attention and some code violations may receive no attention at all for a period of time as determined by the Community Development Director or designee. In circumstances where not all code violations can be investigated, the most serious violations, as determined under the priorities set forth in this section and the criteria for enforcement in Section IV(C) of this manual, should be addressed before the less serious violations are addressed, regardless of the order in which the complaints are received. However, complaints alleging both priority and non -priority violations should be processed together to maximize efficiency. A. Priority Cases. The Board has established the following priorities for CDD code violations: 1. Violations that present an imminent threat to public life, health and safety; 1 Violations which impact rivers, streams, floodplains, and wetlands, 3. Solid Waste Code violations, Environmental Soils violations, and Building Code violations consisting of ongoing non -permitted construction or failure to obtain permits; 4. Land use violations. B. Lower Priority Cases Policy. Complaints alleging code violations that do not fall within the priority ranking above should be processed in the order in which the complaints are received, and as code enforcement resources allow. Exception. At the discretion of Code Compliance Specialists and in consultation with the Community Development Director or designee staff, complaints may be processed in any order that maximizes the efficiency of enforcement. Procedure. All complaints concerning a particular type of code violation (e.g., non -permitted manufactured homes in manufactured home parks), or all complaints of violations occurring in a particular geographic area, may be processed together, regardless of the order in which the complaints are received. C. Solid Waste. The County Solid Waste Department may engage any other County Department/ Office to administer its code compliance program for County solid waste code violations. 04.28.2021 DRAFT Manual Update t rya Sf �E' Policy. This manual applies to all code compliance administered by CDD, its employees and agents. Except as otherwise provided, the policies and procedures in this manual apply to all alleged code violations whether or not they existed or were known by the County on the effective date of this manual. The policies and procedures in this manual supersede any conflicting County policies and procedures. Non -Applicability to Covenants, Conditions and Restrictions. Many subdivisions and planned communities are subject to private, recorded covenants, conditions and restrictions (CC & Rs). The County's policy is not to enforce private CC & Rs. Non -Applicability to Private Legal Action. Residents may undertake private legal action to enforce County Code, including civil litigation against the alleged code violator, as well as personally filing citations and prosecuting County Code violations in court. The policies and procedures in this manual do not apply to private legal action to abate violations. Neither should they be interpreted to suggest that the County will participate in such private legal action. VII. INITIATION OF CODE ENFORCEMENT Code enforcement may be initiated by any of the following methods: A. Resident Complaints. Any person may make a complaint to the County alleging one or more code violations. 1. Form. A resident may initiate a complaint by submitting a letter o r e m a i I, complaint form (available online), or by contacting CDD in person or by telephone. If a resident submits a complaint by phone or written communication other than a completed complaint form, County staff shall complete the complaint form. If the County receives a written complaint other than the County -approved complaint form, the written complaint shall be attached to a complaint form completed by County staff. To be investigated, a resident complaint must contain all information required on the complaint form. 2. Anonymous Complaints Policy. The County's policy is to not accept anonymous County Code violation complaints. The County believes that anonymous complaints are not as reliable as those made by complainants who are willing to identify themselves. In addition, in many cases, the complainant's identification and testimony in court may be necessary for successful prosecution of Code violators and code enforcement. Exceptions. The County recognizes there may be cases justifying an exception to this policy. These are cases where the nature of an anonymous complaint reliably suggests the existence of code violations presenting an imminent threat to public life, health and safety or to the environment, which threat easily may be verified by County staff. In such cases, as determined by the CDD Director or designee, County staff shall accept the anonymous complaint for investigation. 7 04.28.2021 DRAFT Manual Update 3. Confidentiality Policy. The County's policy is to maintain the confidentiality of code enforcement complaint files and computer records, including the identity of the complainant, to the extent legally possible. The County believes it is important to maintain this confidentiality to assure effective investigation and prosecution of code violations. In addition, the County recognizes that some complainants do not want their names disclosed to the alleged code violator for fear of retaliation. However, in some cases it may be necessary for successful prosecution and enforcement for the complainant to be identified and to testify in court. Exceptions. In cases where the County chooses to cooperate with, or defer to, federal or state agencies for code enforcement, the contents of the file may be disclosed, as necessary, to the other agency. Procedure. In order to maintain the confidentiality of code enforcement complaint files and the identity of the complainants, while assuring effective prosecution and enforcement and compliance with state law, the following procedures apply. a. Code enforcement files will be maintained as confidential files throughout investigation, violation prosecution and/or other types of code enforcement to the extent legally permissible. b. The contents of code enforcement files will not be disclosed to anyone other than County staff who have a reason to know about and who are involved in the investigation, or to similar staff of an agency with which the County is cooperating. The contents of the file will not be disclosed to any other person absent court order, until: 1) the investigation is complete and a citation discovery request is made; or 2) the file is closed and disclosure is made pursuant to the public records law. B. Observation by Code Compliance Staff. Code enforcement staff often observe additional potential County Code violations while conducting complaint investigations. Such observations may form the basis for additional investigation and enforcement action. (policy. The County's policy is that code enforcement staff document any potential code violations the staff observes on property that is the subject of their current investigation. Code enforcement staff shall investigate documented additional potential violations. If substantiated, staff may address noted additional violations. Staff may also document and address code violations observed on any property adjacent to the subject property, which violations are observable from the subject property. C. Proactive Code Enforcement. Within available code enforcement resources, the County may undertake a number of County -initiated procedures for proactive code enforcement. These procedures may include: 1. Investigations and prosecutions of code violations in particular geographic areas; 2. Investigations and prosecutions of code violations of a particular type throughout the County; 3. Timely and regular follow-up by CDD staff for compliance with conditions and requirements for permits and approvals; 4. Reporting by County staff of code violations observed while conducting County business; 8 04.28.2021 DRAFT Manual Update 5. Examination and comparison of County files for evidence of code violations; 6. Revocation of permits and approvals for failure to comply with requirements or conditions; is Cooperation with code compliance by other regulatory and licensing agencies; and Ra Cooperation with utility companies to terminate service, to the extent authorized by law, to non -permitted uses on property. D. Permit/Approval Condition Monitoring by CDD Staff. The County routinely issues land use, environmental and construction permits with a variety of requirements and conditions, and timelines for meeting them. For example, a land use approval may require landscaping the site by a certain date, and building permits expire if construction progress and inspections are not made within periods set by state law. Code violations occur when these permit and approval conditions are not timely met. Policy. The County's policy is that CDD staff may conduct timely and regular monitoring of conditions of approval and similar permit requirements for all permits and approvals. Procedure 1. All persons issued permits or approvals shall be given written notice of the consequences of failure to comply with requirements and conditions, including potential code enforcement. 2. If any permits and approvals are found not to be in compliance with conditions of approval or other permit requirements, staff in the appropriate CDD division assigned to the permit or approval monitoring shall undertake appropriate action to obtain compliance. 3. If the assigned CDD staff are unable to obtain compliance within a reasonable time established for that purpose, they shall report the violation and any enforcement action already taken to Code Compliance staff for further code enforcement action. E. Report by County Staff. In many cases, County staff may be in a unique position to observe potential code violations. For example, a property appraiser in the Assessor's office may be the only personable to observe new construction for which there is no permit. Policy. Any County staff member may report to code enforcement staff possible Code violations observed while conducting County business. Reports by County staff under this subsection shall be made on a complaint form provided by CDD Code Compliance Staff. F. Report by County Commissioner. A County Commissioner may report a potential code violation, or request that code enforcement staff investigate a resident report of a potential code violation by submitting a complaint form or in any other written form or requesting CDD staff to submit a complaint form on behalf of the Commissioner, along with necessary information to initiate an investigation. G. Information from Official County Records. Potential code violations may be discovered by examining the County's own official records. For example, cross-referencing between the Assessor's records and CDD's records may reveal construction or land use activity without necessary permits or approvals. CDD staff may also discover code violations by comparing the County's own land use, environmental health and construction permit records with each other. 9 04.28.2021 DRAFT Manual Update Policy. CDD staff may regularly compare all pertinent County records to identify potential Code violations. Procedure. Code violations discovered through comparison of information in County files shall be reported to Code Compliance on a complaint form. Vlll, RECORDING COMPLAINTS All complaints received by t he Code Compliance Program shall be recorded in CDD's computer system. The Complaint Record is the official record of the complaint and its investigation and resolution. The Complaint Record shall include the following minimum information: 1. An assigned complaint number; 2. The tax map number and tax map for the subject property; 3. Which code enforcement staff is assigned to the case; 4. The complaint form; 5. Documentation of investigation; 6. Assessor's information on the subject property. IX. NOTICE OF INVESTIGATION When Code Compliance staff initiates a n investigation, they may provide notice to any CDD division, other County department, or federal or state agency that may have an interest in the alleged code violation. X. INVESTIGATION A. Preliminary matters. At the beginning of each investigation, the following shall be established: 10 Jurisdiction. The property upon which the alleged code violation exists must be in the County's code enforcement jurisdiction. 2e Zoning. The zoning of the subject property shall be determined. 3. Permit Status. The status of any land use, environmental soils, building, electrical, construction (including, but not limited to structural,mechanical, plumbing) or other similar permits on the subject property shall be determined. 4. Property Ownership. All persons with a recorded legal interest in the subject property should be identified. These persons should include the owners, contract purchasers, lessees and lienholders orothersecurity interest holders. 5. Other Potentially Responsible Persons. In addition to the persons listed in subparagraph 4 of this paragraph, any other persons potentially responsible for the alleged code violation(s) should be identified. These persons could include tenants, construction and landscape contractors and excavators. 10 04.28.2021 DRAFT Manual Update 6. Identification of Applicable Code Provisions. Code Compliance staff, with the assistance of other CDD staff and County Legal Counsel as necessary, shall identify the pertinent provisions of the County Code that may have been violated according to the complaint. 7. Prior Complaint History. Code Compliance staff shall examine CDD records to determine the existence and status of any prior or existing code violation complaints on the subject property or concerning the alleged violator. B. Establishing the Elements of a Violation. Before a Pre -Enforcement Notice ("PEN") is sent, it must be determined whether the complaint establishes a code violation. If it does not, the case will be resolved by file closure as provided in Section XII of this manual. Code Compliance staff may, in some instances, make mediation referrals where such referral is anticipated to protect safety or livability. Code Compliance staff, with the assistance of other CDD staff and County Legal Counsel as necessary, and after any necessary field investigation, shall determine if the following elements have been established. 1. Responsible Person. The person or persons who are reasonably believed to have committed the code violation, or who are or may be legally responsible for the alleged code violation, have been identified. 2. Alleged Violation Occurred or is Occurring. A complaint may allege a code violation that occurred in the past (e.g., construction without a permit) or that occurs only intermittently (e.g., surfacing sewage from a drain field, or periodic non -permitted commercial activity in a residential zone). Code Compliance staff shall determine whether there are reasonable grounds to find the alleged violation occurred or is occurring. Such grounds may be established either by personal observation by Code Compliance staff or by reliable evidence from a complainant. If Code Compliance staff determines that reasonable grounds do not exist, no enforcement action will be taken until the complainant or the Code Enforcement staff has had a reasonable opportunity to develop such grounds. If no reasonable grounds are developed within a reasonable period, the case will be resolved by file closure as provided in Section XII of this manual. 3. Relevance of Statute. in some instances, a complaint may allege a code violation on property subject to other protections. A common example is the State's prohibition on local laws governing forest and farm practices (ORS 30.934 and 30.935). Code Compliance staff shall, with the assistance of other CDD staff and County Legal Counsel as necessary, consider the relevance of statutes in substantiating a County Code violation. If Code Compliance staff verifies conflicting relevance under the law, the case should be resolved by file closure as provided in Section XII of this manual. C. Assignment of Investigation and Enforcement Responsibility Policy. The responsibility for field investigation and code enforcement should be assigned to the CDD staff most able and qualified to conduct the investigation and undertake appropriate enforcement action. For example, alleged violations of environmental soils/health codes may best be investigated and resolved by County Environmental Soils Specialists. However, all code enforcement activity should be coordinated with Code Compliance staff and all PEN's and Voluntary Compliance Agreements (VCA's) will be drafted by Code Compliance staff. 11 04.28.2021 DRAFT Manual Update 1. Assignment. Assignment of field investigation and code enforcement responsibility shall be made by the CDD Director or designee, on a case -by -case basis or pursuant to standing policies in this manual or elsewhere. The following criteria shall be used for assignment of responsibility: a. The nature of the code violation(s) alleged in the complaint; b. The knowledge and expertise needed to investigate the alleged violation; c. The history of prior code enforcement on the subject property or with the alleged violator; d. The status of permits and approvals on the subject property; and e. The workload of the relevant CDD division staff and the projected timeline for investigation and resolution of the complaint. 2. Coordination. Whenever responsibility for code enforcement activity is assigned to CDD staff other than Code Compliance staff, such staff shall consult with Code Compliance staff and keep them advised of their activities. When CDD staff other than Code Compliance staff is assigned to investigate a code violation complaint for which a Complaint Record has been created, such staff shall enter into the record a report of any action undertaken to investigate or to obtain compliance. D. Field investigation 1. Purpose. The purposes of code enforcement field investigation are to: a. Verify the existence and severity of code violations, b. Document code violations by means of written notes, photographs, witness interviews, etc.; and c. Obtain supporting evidence such as photographs, measurements, names and statements of potential witnesses, etc. 2. Coordination. Whenever responsibility for field investigation is assigned to CDD staff other than Code Compliance staff, the coordination and notification described in Paragraph C (2) of this section shall occur. 1 Preparations and Precautions Policy. Code Compliance staff and other assigned CDD staff, as well as members of the public, should not be exposed to unreasonable risks of violent confrontation or injury during the course of field investigations. Code Compliance staff and other assigned CDD staff shall take whatever actions are reasonable and necessary to minimize the known risk of violent confrontation or injury to themselves or others in conducting their field investigations. Procedure a. Law Enforcement Assistance. When appropriate, Code Compliance staff or other assigned CDD staff should contact the Sheriff's Office to determine if there have been previous criminal complaints or investigations concerning the subject property or alleged code violator, and whether, in the opinion of the Sheriff's Office, a field investigation would present any threat to the safety of Code Compliance staff, other staff, the alleged code violator or other persons present during a field investigation. Code Compliance staff or another assigned CDD staff person may request law 12 04.28.2021 DRAFT Manual Update enforcement assistance in conducting the field investigation, and may postpone such investigation until law enforcement assistance is available. b. Announced/Unannounced Field Visits. At the discretion of Code Compliance staff or other assigned CDD staff, a field visit to the vicinity of the subject property may be conducted with or without prior notice to the property owner, occupant or alleged code violator. The determination of whether or not to give prior notice shall be made on the basis of the following criteria: 1. The nature of the alleged violation; 2. Whether or not prior notice will make detection and documentation of the alleged violation more difficult; and 3. Whether or not prior notice will unnecessarily increase the known risk of violent confrontation or injury to Code Enforcement staff or other assigned CDD staff. c. Entering Upon Property or Premises Policy. It is the County's policy that Code Compliance staff and other assigned CDD staff shall not enter upon private property or premises to conduct a field investigation without authority to enter. Procedure. Code Compliance staff may enter unposted property to seek permission to investigate on the premises. Unless permission is granted, the investigation shall be conducted from public roads or property where permission to enter has been granted. If Code Compliance staff or other assigned CDD staff does not have permission or other authority to enter upon property or premises, and entry upon the property or premises is necessary to conduct the investigation, Code Compliance staff or other assigned CDD staff shall consult with County Legal Counsel about obtaining a search warrant. E. Report of Investigation Report. Upon completion of the initial investigation, Code Compliance staff or other assigned CDD staff shall complete a report of investigation in the Case Record. The Field Investigation Report should be completed as soon as reasonably possible after the date and time of the field visit to ensure a complete and accurate report. 1. The report shall include at least thefollowing information: a. Name of investigator; b. Date, time and place of field visit; c. Code violation(s) observed; d. If no code violation(s) observed, an explanation; e. Witnesses, if any, interviewed and other persons present, if known, on site at the time of the investigation; f. Evidence, if any, obtained (e.g., photographs); g. Discussion, if any, of violation with owner, occupant or other responsible person; h. Action necessary, if known, to correct violation; and I. Recommended enforcement action. 2. Complainant Notification. Upon completion of the initial investigation, Code Compliance staff shall notify all resident and other agency complainants of the status of complaint investigation. This notification should include information on whether a case will be opened, 13 04.28.2021 DRAFT Manual Update the reason a case will orwill not be opened, and name and contact information of the staff member assigned the code enforcement case. Policy. The primary objective of the CDD Code Compliance Program is voluntary compliance. Staff encourages voluntary code compliance by providing code violators and other responsible persons with information about the County Code and an opportunity to comply with the County Code within reasonable timeframes and with little or no penalty. The County believes that voluntary compliance generally is less expensive for all parties and of a more satisfactory and lasting nature than involuntary compliance. Notwithstanding this objective, the County believes that allowing Code violators the opportunity to voluntarily comply any time during code enforcement, or outside reasonable time limits for such compliance, may actually result in abuse of this opportunity in order to delay compliance. Therefore, it is the County's policy to limit the time frame during which Code violators may come into voluntary compliance with little or no penalty. Procedure The following procedure shall apply whenever a Code violator brings his or her property into compliance during the code enforcement process: 1. Compliance Timing and Staff Response Timing of Compliance Disposition After complaint/ before citation or File closed. Application of permit investigative fees where NOV. applicable. After citation/before trial or CDD recommends dismissal of citation, no cost recovery, hearing before hearings officer application of permit investigative fees where applicable. At time of trial or hearing CDD recommends prosecution, conviction or guilty plea, before hearings officer fine or civil penalty, injunction, cost recovery, application of permit investigative fees where applicable. 2. Limited Time Frames. Opportunities for voluntary compliance, where provided, shall be of limited duration. The facts in each case differ. Therefore, Code Compliances t a ff shall consider the appropriate time frame for compliance on a case -by -case basis. 3. Time Extended by Voluntary Compliance Agreement. Following the issuance of a PEN, if the alleged violator admits the violation(s) and requests extended time for voluntary compliance, the alleged violator shall sign a "Voluntary Compliance Agreement in a form acceptable to the County." County Legal Counsel will determine what is acceptable to the County. The agreement shall provide that, in exchange for the extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specified time, and, if voluntary compliance is not obtained during this extended time, to waive hearing in any subsequent violation proceeding and consent to entry of judgment and imposition of penalties, costs, injunction, and/or such other relief as is deemed appropriate. 14 04.28.2021 DRAFT Manual Update 1. Timing. When Code Compliance staff or other assigned CDD staff determines there are reasonable grounds to find a violation did or does occur, based upon the information in the complaint and any field investigation, an PEN shall be sent on a standard form approved by the CDD Director or designee in a letter or notice sent by the appropriate CDD division staff. 2. To Whom Sent. A PEN shall be sent to all persons liable for the violation under Deschutes County Code. 3. Chow Sent. PENs shall be sent by certified mail or by other method of delivery as approved by the CDD Director or Designee to the best available address for the persons described in Subsection 2 above. Email may be used in addition to certified or other mail delivery options to expedite the notification process. 4. Follow Up. If, within 15 days of the mailing of the PEN, the liable persons have not contacted Code Compliance staff, staff shall determine the next step in the code enforcement process, including warning and/or citation. 5. Compliance. If the Code Compliance staff determines that the required corrections have been made or the liable persons have provided evidence that no violation exists, the date and method of compliance shall be noted in the Complaint Record and the case shall be resolved by file closure pursuant to section XII of this manual. 6. Corrective Action. In some cases, corrective action may consist of both applying for and obtaining necessary permits or approvals. In such cases, the permit or approval application alone will not be sufficient to assure compliance. The liable person must complete the application process, including all appeals, within a reasonable time and not allow the application to expire. Once permit approval is obtained, the liable person must complete all permit conditions prior to the expiration of any permit approval. Policy. All code violation cases shall remain open until all permit conditions and other required corrective measures are completed. 1. Where the required corrective action consists of both applying for and obtaining permits or approvals, Code Compliance staff, in consultation with other appropriate CDD staff, shall determine a reasonable time frame for applying for and obtaining the necessary permits or approvals. 2. If at any time during the process for obtaining necessary permits or approvals the alleged violator fails to meet the reasonable timelines established by Code Compliance staff and such failure does not result from the actions of others, Code Compliance staff shall cite the alleged violator pursuant to Paragraph C of this section. 3. If the alleged code violator is not granted the necessary permits or approvals, Code Compliance staff shall cite the alleged violator pursuant to Paragraph C of this section unless (a) the alleged code violator enters into a written agreement with the County to comply with the County Code within a time frame established by Code Compliance staff, or (b) a lender has begun foreclosure proceedings and, in the opinion of Code Compliance staff, is likely to address the violation within a reasonable time after the foreclosure. 15 04.28.2021 DRAFT Manual Update 1. Non -Compliance. Where voluntary compliance cannot be obtained by CDD within a reasonable timeframe, Code Compliance staff may cause a citation to issue or may issue a Notice of Violation and Proposed Civil Penalty (NOV) and initiate administrative enforcement hearing proceedings in accordance with County Code. 2. Investigation Required. No citation to state court or NOV shall be prepared unless and until an investigation has verified the existence of a Code violation. 3. Form. All citations to state court shall be on a uniform citation which conforms to ORS 153.045 through ORS 153.051. NOV's for administrative enforcement hearing proceedings shall be on the form required by County Code. 4. Issuance of Citation. Any person authorized by County Code Section 1.08.025 may issue a citation or NOV. The person issuing the citation or NOV must verify the conduct or circumstances constituting a violation. 5. Service. All citations to state court shall be served in accordance with ORS 153.154. NOV's shall be served in accordance with County Code. 6. Setting Arraignment/Administrative Hearings. For citations to state court, the officer serving the citation shall set the date for arraignment. For NOV's, Code Compliance Staff shall set the date for the hearing in accordance with the County Code. 7. Arraignment in State Court a. Purposes. The purposes of arraignment are to: 1. Allow the defendant to enter a plea to the citation; 2. Resolve anyjurisdictional issues; 3. Set a trial date if the plea is not guilty; and 4. If the plea is guilty, allow the defendant, the Sheriff's Office Deputy and other County Code Compliance staff the opportunity to provide information to the court regarding penalties and related matters. b. Appearance by County Legal Counsel. County Legal Counsel shall not represent the County at arraignment unless the defendant has legal counsel at arraignment. 8. Failure to Appear at Arraignment in State court. If the defendant fails to appear at arraignment, Code Compliance staff may request that the court enter a default judgment in favor of the County and impose penalties against the defendant. 9. Trial. If the defendant pleads not guilty to the allegations in the citation, Code Compliance staff shall request that the court set the matter for trial at the earliest available date. a. Burden of Proof. The County has the burden of proving at trial, by a preponderance of the evidence, the allegations in the citation. b. Responsibility of Code Compliance Staff. At trial, the responsibility of Code Compliance staff is to prosecute the case by presenting evidence, calling witnesses and offering any relevant documents and other exhibits in support of the citation. c. Appearance by County Legal Counsel. County Legal Counsel shall not represent the County at trial unless the defendant is represented by legal counsel at trial. 16 04.28.2021 DRAFT Manual Update a. Schedule. The schedule of maximum fines for County Code violations is set forth in DCC 1.16.010. b. Amount. If the defendant is convicted, Code Compliance staff shall request that the court impose a fine in an amount consistent with the County Code. 11. Suspension of Fines. The Circuit Court has authority to suspend the imposition of all or a portion of a fine. In some cases, the court may wish to suspend imposition of a fine or a part thereof on the condition that the defendant comply with County Code within a specified time period. a. Policy. It is the County's policy to increase the effectiveness of code enforcement activity and the incentives for code compliance by discouraging any suspension of fines in County Code violation cases. b. Procedure. If a defendant is convicted, Code Compliance staff and/or County Legal Counsel shall advise the court of the County's policy against fine suspension and shall ask the court not to suspend imposition of fines. 12. Collection and Distribution of Fines. Fines imposed by the state court for County Code violations are collected by the State Court Administrator and are remitted in part to the County. Fines imposed from civil penalty hearings are remitted to the County Treasurer. a. Policy. It is the County's policy that all fines imposed for County Code violations and remitted to the County should be used to pay the costs of County Code enforcement. b. Procedure. All fines imposed by the court or the Code Enforcement Hearings Officer for County Code violations and remitted to the County shall be deposited i n the CDD Revenue Fund for budgeting and expenditure in the Code Compliance program. D. Injunctions Policy. Code Compliance staff shall seek injunctions from the court in cases where other methods of code enforcement may be inadequate or have been unsuccessful. Procedure 1. When Sought. Code Compliance staff may request County Legal Counsel to obtain/ coordinate injunctions in any case in which: Code violation(s) present an imminent threat to the public I if e , health and safety or to the environment; or Code violations have not been corrected within a reasonable time after a defendant was found by the court or County Hearings Officer to be guilty of a code violation. 2. By Whom. Pursuant to DCC 1.16.040, Code Compliance staff (or County Legal Counsel if appearing in the case) may request that the court order injunctive relief and/or abatement as part of the penalty in a code enforcement proceeding. Alternatively, County Legal Counsel may initiate a separate legal action for injunctive relief and/or abatement of a violation. 17 04.28.2021 DRAFT Manual Update 3. Now Enforced. After issuance of an injunction, if the defendant fails to comply within the time period specified in the injunction, the Sheriff's Office or CDD staff shall request that County Legal Counsel initiate civil contempt proceedings against the defendant. E. Permit Revocation. Certain County Codes authorize the revocation of permits or approvals for failure to comply with their requirements or conditions. Policy. To maximize code compliance, the County shall revoke permits and approvals to the extent authorized by law in appropriate cases. Revocation of permits are particularly appropriate in cases in which corrective action may not be effective in bringing the subject property into code compliance due to the nature of the violation and the deliberateness of the code violator's actions in violating the Code. 1. Report to Code Compliance Staff. If the County staff responsible for monitoring and/or reviewing a particular type of permit determines that the conditions or requirements of a permit or approval have not been met, that staff member shall inform Code Compliance staff of such violation, and Code Compliance staff shall enter the information in the code enforcement electronic files. 2. Revocation Procedure. The County staff responsible for monitoring and/or reviewing a particular type of permit shall determine whether to undertake permit revocation proceedings as authorized under the applicable County Code provisions. The following factors shall be considered: a. Whether the criteria for permit rPVQcation set forth in the applirahlQ County Code provisions exist; b. The severity of the deviation from the permit or approval requirements or conditions; c. The deliberateness of the deviation from the permit or approval requirements or conditions; and d. Whether compliance can be achieved more effectively through other code enforcement methods. E. nuisance Abatement. Chapter 13.36 of the Deschutes County Code (hereafter "Code") authorizes the abatement of County Code violations that are defined as "public nuisances." Policy. County Code violations constituting public nuisances may be abated pursuant to Chapter 13.36 of the Code and within available resources. Procedure. When County staff discovers or receives a verified complaint of a code violation that may constitute a "public nuisance," staff shall provide the information to Code Compliance staff who shall enter the information into the code enforcement file. Code Compliance staff or other assigned CDD staff may consult County Legal Counsel to initiate nuisance abatement proceedings pursuant to Chapter 13.36 of the Code. G. Dangerous Building Abatement. Chapter 15.04 of the Code authorizes the abatement of buildings containing violations rendering them "dangerous buildings" as defined in the Code. 18 04.28.2021 DRAFT Manual Update Policy. County Code violations that may render a structure a "dangerous building" shall be abated pursuant to Chapter 15.04 of the Code and within available resources. Procedure. When Code Compliance staff or other CDD staff discovers or receives a verified complaint of code violations in a structure that may render the structure a "dangerous building," the staff shall provide the information to Code Compliance staff, who shall enter in the information into a Complaint Record. The Deschutes County Building Official (hereafter "building official") shall be notified and shall promptly consult with County Legal Counsel to initiate abatement proceedings under chapter 15.04 of the code. H. Investigative Fees. Certain provisions of the state building code allow municipalities administering and enforcing a building inspection program to charge investigative fees for work commencing without the required permit. Policy. To maximize the incentives to comply with County Code, the County shall charge investigative fees, to the extent authorized by law, for permits sought for non -permitted construction or installation. Procedure. Whenever County staff discovers or receives a verified complaint of non -permitted construction or installation, the information shall be submitted to Code Compliance staff, who shall enter the information into the Code Compliance Complaint Record. To the extent allowed by law, the County shall charge investigative fees for the permit(s) necessary to comply with the County Code. 1. Assisting Enforcement by Other Regulatory/Licensing Agencies. In some cases, County Code violations also may constitute violations of federal and/or state statutes or administrative rule. For example, surface mining without County land use approval may also violate state statutes and administrative rules governing mining, and performing building construction without necessary permits may also constitute violations of state statutes and administrative rules governing the conduct of licensed contractors. Policy. To maximize code enforcement and the incentives for compliance, County staff shall promptly advise the appropriate federal and/or state agency of County Code violations reported or discovered that may also violate the statutes or administrative rules of that agency. The County shall also cooperate with federal or state agencies, to the extent authorized or required by law or by intergovernmental agreement, to obtain voluntary compliance or to punish violations. The County may defer investigation and prosecution to the appropriate federal or state agency in cases in which, as determined by the CDD Director or designee, the federal or state agency enforcement procedure will result in more effective correction of the violation(s). Procedure 1. Reporting. Whenever County staff discovers or receives a verified complaint regarding a County Code violation that may also constitute a violation of federal or state statute or administrative rule, the staff shall advise the appropriate federal or state agency. 2. Cooperation. To the extent authorized or required by law or by intergovernmental 19 04.28.2021 DRAFT Manual Update agreement, County staff shall cooperate with the federal or state agency to obtain voluntary compliance or to prosecute and punish violations. That cooperation may include sharing information, conducting joint investigations, appearing as witnesses and/or providing evidence in enforcement proceedings, and coordinating the timing of investigations and/or enforcement proceedings to maximize their effectiveness. 3. Deferral to Other Agency. The County may defer some or all code enforcement to a federal or state agency, and forego County Code enforcement, where the Board, CDD Director or the Director's designee determines that the federal or state enforcement activity will be more effective than County Code enforcement. In making the determination to defer to other agencies, the following factors shall be considered: The nature of the violation and necessary corrective action; The comparative severity of the penalties available to the federal or state agency and to the County; a n d The comparative time frames required for enforcement by the federal or state agency and by the County. J. C )u y C r> Rt c ow,,ry, The County incurs costs investigating code violations and enforcing codes. They include the cost of personnel and equipment, legal advice and representation, service of citation, and administrative expenses. Pa, l4ya It is the policy of the County to maximize code enforcement and to increase the incentives for code compliance by recovering its reasonable code enforcement costs from code violators. r,ce n.,,a In determining whether to cite a code violator to court or to engage in the administrative hearings process, Code Compliance staff may consider which process will prompt code compliance and/or result in the maximum cost recoveryto the CDD. K. U.ens, In many cases, the most effective way for the County to recover its code enforcement costs, as well as to collect any civil penalties assessed through administrative hearings, is to file a legal claim for those costs or penalties against the property subject to code enforcement, or against other property owned by the code violator. ufl,,cyIt is the County's policy to assure recovery of its costs, as well as the collection of civil penalties assessed through administrative hearings, by filing claims for those costs and penalties in the form of liens on property subject to code enforcement, or upon other property owned by codeviolators. Ne,n, ed re, In the appropriate cases, the County staff will explore with County Legal Counsel the means by which liens may be placed against the real property of the code violator for the collection of code enforcement costs and civil penalties assessed through County administrative hearings. i 1."l6 troL} . 1 LN OF Policy. It is the County's policy to attempt to reach final, satisfactory resolution of all code violation complaints. However, the County recognizes that not all complaints may be resolved successfully, due to factors outside the County's control. These factors can include the indigence of the code violator, the lack 20 04.28.2021 DRAFT Manual Update of County or other resources to assist the violator, statutory limitations on potential fines or other penalties for code violations, and the large number of complaints to be resolved. Therefore, the County shall focus its code enforcement resources on the code violations that meet the priorities set forth in Section V of this manual, and attempt to resolve those violations within a reasonable period. It is the County's policy not to close a case until it is resolved. Procedure A. File Closure. A code violation complaint will be resolved by file closure in the following cases: 1. When no code violation is found after investigation; 2. After there is voluntary compliance; 3. After the property owner and/or other responsible person has been found guilty of a violation and has corrected the violation(s); 4. After an injunction has been issued and the property owner or other responsible person has corrected the violation(s); S. After investigation and prosecution of the violation(s) have been completed by a federal or state agency to which the County deferred code enforcement; 6. When the property on which the violation exists is sold or transferred and a new Code Enforcement case is opened in the name of the new owner. B. Notice of Resolution. The County shall notify complainant when the complaint is resolved, describing the resolution. C. Alternate Methods of Resolution. The County may explore alternate methods to resolve Code violations including mediation. XHL AMENDMENTS This manual may be amended when deemed necessary by the CDD Director or designee, County Administrator, or the Board. Amendments may be proposed by County staff, Board members and other interested persons. 21 04.28.2021 DRAFT Manual Update No 4A a# -C E 5, ro 0 C > M c; 0, c :3 'a m w of 0 w c o 0 o 0 c u m -i tA V) Ln CC Soj LU 'y 1) , S-3 cl 0 ryi lB 00 Lr) 00 ltzr M OP Lr) 1,6 Lr) rn Lri Lr) Ln Lr) Itt Lr) Lfl Lr) Lr) "'mkr� lzt C14 C; Ln LI) m Ql 00 Ln ro (N �t = 0) 00 m _� Lri v 0 0 0 0 0 0 0 0 0 0 0 q O q 9 q q q q q q q 0 0 0 0 0 0 0 0 0 0 0 0 0) 00 r- to Lr) I 6- t11 0 Lr) C'4 C114 r-i r--i momom zt (.0 M LD 110 00 ri 06 rJ (Y) M rr) 00 Lr) V-4 I-i r-i Lr) r 00 rJ m In 1,o MENEM EMEMEMENSM CY) Lr) 00 m 0 Lr) Ki�mmm . 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The original grant amount of $2.2 million was executed in early December with funds disbursed through COIC for allocation to local businesses on December 23, 2020. The original grant and this amendment are funded from the states' business relief fund (CARES- CRF). The Amendment s The eligible uses of the amendment funding largely follows those of the original grant with the details and processes left up to the local governing board, with two exceptions. Grantee will disburse Grant Funds only to businesses that meet all of the following minimum eligibility requirements, only one application may be submitted; per, business]: 1. The business is headquartered in Oregon and has its principal operations in Oregon. 2. If required by Oregon law to be registered with the Oregon Secretary of State to do business in Oregon, the business is so registered. .3. 1 IIe' us'ness is el 11C1 1V1-pl Vlll or alt entity tax-exeiai�t uuuci' Set-uvii JV ill��lJJ va �aaa, uaa.a.i'iaFa Revenue Code. 4. During the Performance Period, the business incurred necessary expenditures due to the The following businesses are ineligible to apply for or receive funding under the Program: 1. Passive real estate holding companies and entities holding passive investments. 2. Non-profit entities that do not have federal 501(c)(3) status. 3. Businesses that experience a decline in revenues for reasons other than those caused by the COVID-19 pandemic (e.g. seasonal or cyclical businesses cycles). 4. Businesses that are delinquent on federal, state or local taxes that were due on or before the date of application. 5. Businesses that do not comply with all federal, state and local laws and regulations. 6. Businesses that have closed and do not intend to reopen. Process and Timeline Time is of the essence so we are looking at ways to get the money on the street ASAP. First step is to accept the grant so I will be asking for the Board's approval of the amendment today. This would put the County on a schedule to receive funds as early as early next week. Distribution options. The County could establish a grant distribution process. Alternatively both the Bend Chamber and COIC have offered to facilitate the grant distribution process for us. Crook County has opted to utilize COIC to distribute their funds. Recommendation/Request • Approve state of Oregon amendment #1 to grant agreement #2507, increasing the award by $1,339,980.26 for the purpose of assisting businesses affected by the escalation of the County's COVID-19 risk level to "Extreme Risk" on April 30, 2021 and authorize County staff to execute the amendment. • Provide direction to staff on preferred distribution method. STATE OF OREGON GRANT AGREEMENT NO.2507 Amendment No. 1 This is Amendment Number 1 ("Amendment") to Grant Agreement No. 2507 (the "Grant") between the State of Oregon, acting by and through its Department of Administrative Services ("DAS"), and Deschutes County ("Grantee"), each a "Parry" and, together, the "Parties." 1. Effective Date and Reinstatement of Grant. This Amendment shall become effective on the date that it is fully executed and approved as required by applicable law and, upon such execution and approval, reinstates the Grant and amends it as provided below. 2. Amendments to Grant. A. Sections 2, 3, 6, 7.1 and 17.17 are amended as follows (additions in bold underline and deletions in [italicized brackets]): SECTION 2: PURPOSE Section 5001 of the CARES Act provides funds to state, local and tribal governments through the Coronavirus Relief Fund to be used for expenditures incurred due to COVID-19 during the period of March 1, 2020 through [December 30, 20201 December 31, 2021 (the "Performance Period"). This Grant governs the disbursement of funds from the Coronavirus Relief Fund to Grantee for the n _F,. ...,. D . ...a r.. ,�,b,,,ron thn rnetc of t}7P prHiritiPC liPCrrihPd in Fxhihit A C C11 V1111A11 �.G 1 cl lvu �V leiaaa�u, J,. ua, •.vow v. u... ..... e....•........,....•-....... -----•----------• SECTION 3: EFFECTIVE DATE AND DURATION When all Parties have executed this Grant, and all necessary approvals have been obtained ("Executed Date"), this Grant is effective and has a Grant funding start date as of March 1, 2020 ("Effective Date"), and, unless extended or terminated earlier in accordance with its terms, will expire on [December 30, 2020] December 31, 2021. SECTION 6: GRANT FUNDS In accordance with the terms and conditions of this Grant, Agency will provide Grantee up to an amount not to exceed [$2,234,248.00] $3,574,228.26 (the "Grant Funds") for eligible Project costs incurred during the Performance Period. Agency will pay the Grant Funds from monies available through the Coronavirus Relief Fund ("Funding Source"). SECTION 7: DISBURSEMENT GENERALLY 7.1 Disbursement. [Agency will disburse Grant Funds to Grantee in a single disbursement within five business days of the Executed Date.] Agency has disbursed $2 234 248.00 in Grant Funds to Grantee as of this Amendment's Effective Date. Agency will disburse the remaining $1 339 980 26 in Grant Funds to Grantee in a single disbursement within five business days of this Amendment's Effective Date SECTION 17: MISCELLANEOUS 17.17 Real Property. If the Project includes the acquisition, construction, remodel or repair of real property or improvements to real property, and if such assets are disposed of prior to [December 30, 20201 December 31, 2021, the proceeds [would] will be subject to the restrictions on the eligible use of payments from the Grant Funds provided by section 601(d) of the Social Security Act. B. Section I, "PROJECT DESCRIPTION," and Section III, "REPORTING REQUIREMENTS," of Exhibit A are amended as follows (additions in bold underline and deletions in [italicized brackets]): SECTION I. — PROJECT DESCRIPTION Subject to the eligibility requirements of 42 U.S.C. § 801 and any implementation guidance from the U.S. Department of the Treasury, including, without limitation, the guidance identified in Section II below, Grantee will use the Grant Funds to disburse grants to businesses as described more particularly in this Exhibit A and Exhibit E. Grantee represents and warrants that the Grant Funds will be used only to cover those costs of business subgrantees that (1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (2) were not accounted for in Grantee's budget most recently approved as of March 27, 2020; and (3) were, or are, incurred during the Performance Period. Grantee may not use any Grant Funds to prepay or otherwise cover Grantee -mandated business fees before awarding a grant to an eligible business. Grantee will disburse Grant Funds only to businesses that meet all of the following minimum eligibility requirements[; only one application may be submitted per business]: 1. The business is headquartered in Oregon and has its principal operations in Oregon. 2. If required by Oregon law to be registered with the Oregon Secretary of State to do business in Oregon, the business is so registered. 3. The business is either for -profit or an entity tax-exempt under section 501(c)(3) of the Internal Revenue Code. 4. During the Performance Period, the business incurred necessary expenditures due to the CO V ID-i9 pilbiic heaitli emergency, including those necessary expenditures incurred in response to Grantee's return to an "Extreme Risk" level effective as of April 30 2 02 1. The following businesses are ineligible to apply for or receive funding under the Program: 1. Passive real estate holding companies and entities holding passive investments. 2. Non-profit entities that do not have federal 501(c)(3) status. 3. Businesses that experience a decline in revenues for reasons other than those caused by the COVID-19 pandemic (e.g. seasonal or cyclical businesses cycles). 4. Businesses that are delinquent on federal, state or local taxes that were due on or before the date of application. 5. Businesses that do not comply with all federal, state and local laws and regulations. 6. Businesses that have closed and do not intend to reopen. Award Amount Grantee's grant awards to eligible businesses shall be in amounts determined by Grantee. Program Access Agency intends that the Grant Funds are made accessible to all Oregonians. Accordingly, Agency strongly encourages Grantee to market its grant program and seek subgrantees based on the recommendations set forth in Exhibit E, Equity in Grant Access. SECTION III. — REPORTING REQUIREMENTS No later than [January 5, 2021] Januaryy S. 2022. Grantee shall provide Agency a final report on the following: 1. Total use of Grant Funds; 2. Total number of applicants and beneficiaries; and 3. For each beneficiary that Grantee awards a grant: a. A short description of the beneficiary's business, including business entity type, industry, number of employees and length of operating history; and b. The demographic information reported on the voluntary demographic questionnaire by owners of each beneficiary business. Additionally, no later than [January 5, 2021, for the period October 1, 2020, to December 30, 2020] Jl 6 2021 for the period of April 1 2021 to June 30 2021 and October S. 2021. for the period of July 1 2021 to September 30 2021 and January S. 2022 for the period of October 1.2021. to December 31, 2021. Grantee ghall rennrt the following information, as annlicable, to Agency: a. Amount spent on administrative expenses; b. Amount spent on budgeted personnel and services diverted to a substantially different use; c. Amount spent to COVID-19 testing and contract tracing; d. Amount spent on economic support (other than small business, housing, and food assistance); e. Amount spent on expenses associated with the issuance of tax anticipation notes; f. Amount spent on facilitating distance learning; g. Amount spent on food programs; h. Amount spent on housing support; i. Amount spent to improve telework capabilities of public employees; j. Amount spent on medical expenses; k. Amount spent on nursing home assistance; 1. Amount spent on payroll for public health and safety employees; m. Amount spent on personal protective equipment; n. Amount spent on public heath expenses; o. Amount spent on small business assistance; p. Amount spent on unemployment benefits; q. Amount spent on workers' compensation; r. Amount spent on items not listed above; and s. The primary place of performance of this Project. The requirements of this Section III survive termination of this Grant DAS GRANT #2507 -Amendment No.1 C. The reference to "December 30, 2020" in Section 2 of Exhibit C, "FEDERAL TERMS AND CONDITIONS," is amended and restated as "December 31, 2022." D. Exhibit D, "FEDERAL AWARD IDENTIFICATION," is replaced in its entirety by amended Exhibit D attached hereto. 3. Counterparts. This Amendment may be executed in two or more counterparts (by facsimile or otherwise) each of which is an original and all of which when taken together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. 4. Original Agreement. Except as expressly amended above, all other terms and conditions of the original Grant remain in full force and effect. By its execution of this Amendment, Grantee certifies to DAS that the representations, warranties and certifications contained in the original Grant are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of this Amendment. IN WITNESS WHEREOF, the Parties have executed this Grant as of the dates set forth below. STATE OF OREGON acting by and through its Department of Administrative Services Deschutes County Allthori7ed Signature Date Date Printed Name Title 93-6002292 030805147 Federal Tax ID Number DUNS Number Approved for Legal Sufficiency in accordance with ORS_291.047 By: Samuel B. Zeigler via email 513121 Senior Assistant Attorney General Date Oregon Department of Justice Page 4 of 5 DAS GRANT #2507 - Amendment No.1 EXHIBIT D FEDERAL AWARD IDENTIFICATION (Required by 2 CFR 200.331(a)) (i) Grantee Name: Deschutes County must match DUNS registration) (ii) Grantee's DUNS number: 030805147 (iii) Federal Award Identification Number (FAIN): SLT0038 (iv) Federal award date: March 27, 2020 date of award to DAS byfederal agency) Start: March 1, 2020 (v) Grant period of performance start and end dates: End: December 30, 2021 (vi) Total amount of federal funds obligated by this Grant: $1,339,980.26 (vii) Total amount of federal funds obligated to Grantee by Agency, $ 9,979,803.47 including this Grant: (viii) Total Amount of Federal Award committed to Grantee by Agency: $9,979,803.47 (amount of federal funds from this FAIN committed to Grantee) (ix) Federal award project description: Coronavirus Relief Fund (x) a. Federal awarding agency: U.S. Department of the Treasury Oregon Department of Administrative b. Name of pass -through entity: Services c. Contact information for awarding official of pass -through Gerold Floyd, entity: CoronavirusReliefFund@Oregon.gov Number: 21.019 (xi) CFDA number, name, and amount: Name: Coronavirus Relief Fund Amount: $1,388,506,837.10 Yes ❑ (xii) Is award research and development? No Not allowed per U.S. Treasury (xiii) Indirect cost rate: guidance Yes ❑ (xiv) Is the 10% de minimis rate being used per §200.414? No Page 5 of 5 Total CRF allocation for local governments Population % of estimate county $200,000 Floor per county County 7/2019 total then per capita Baker 16,820 0.584% $ 299,349.58 Clackamas- 423,420 14.712% $ 2,700,986.76 Columbia 52,750 1.833% $ 511,574.92 Crook 23,440 0.814% $ '` 338,451.49 Deschutes 193,000 6.706% $ 1,339,980.26 Grant 7,360 0.256% $ 243,472.82 Jackson 221,290 7.689% $ 1,507,078.93 Josephine 86,750 3.014% $ 712,400.46 Klamath 68,190 2.369% $ 602,773.34 Lane 378,880 13.164% $ 2,437,905.30 Linn 126,550 4.397% $ 947,484.47 Marion 347,760 12.083% $ 2,254,090.86 Multnomah 821,730 28.551% $ 5,053,657.94 Polk 82,940 2.882% $ 689,896.18 Wasco 27,240 0.946% $ 360,896.70 Oregon Total 2,878,120 100% $ 20,000,000.00 1 E S C0& Z o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of May 5, 2021 DATE: April 28, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: Q3 Performance Measure Updates BACKGROUND AND POLICY IMPLICATIONS: Departments have completed Q3 performance measure updates. Staff from Facilities, Justice Court, Health Services, the Sheriffs Office and Solid Waste will provide updates on progress made during Q3 on specific performance measures. Please see attached staff report for more information. FISCAL IMPLICATIONS: None ATTENDANCE: Whitney Hale, Communications Director and Department representatives. Date: April 28, 2021 To: Board of County Commissioners From: Whitney Hale, Communications Director Re: Department Performance Measure Updates for Q3 Departments have completed their Q3 performance measure updates (see attached spreadsheet). Also attached is the full list of FY 2021 Goals and Objectives. At the May 3 Board meeting, the following departments will provide updates on progress made during Q3 on selected performance measures: Facilities Goal: Safe Communities Objective: Collaborate with partners to prepare for and respond to emergencies and disasters. Measure: Improve the structural resilience of County buildings through improvements to seismic restraints and by completing structural engineering f evICVVs at targeted laciiitles. Q3 Update: Courtroom remodels will begin in Q4 for seismic improvements of the roof structure part of the planned work. r Goal: Service Delivery Objective: Promote community participation and engagement with County government Measure: 90% resolution of small claim cases before trial. Q3 Update: 117 small claim cases were filed during second quarter of 20-21. Five of these were scheduled for trial. That is a resolution rate of approximately 96%. Health Services Goal: Healthy People Objective: Support and advance the health and safety of Deschutes County's residents Measure: Reduce outbreaks and food -borne illness by inspecting a minimum of 95% of licensed facilities (e.g. restaurants, pools/spas/hotels, etc.) per state requirements. Q3 Update: 66% (225/340) (OHA freeze and extreme risk level mandated that EH stay out of facilities and that many of these facilities were closed for a period during Q3) Sheriff's Office Goal: Safe Communities Objective: Provide safe and secure communities through coordinated public safety services. Measure: Maintain current service levels by responding to or initiating 80,000 patrol community contacts. Q3 Update: To be provided during May 3 meeting. Solid Waste Goal: Healthy People Objective: Help to sustain natural resources in balance with other community needs. Measure: Work with solid waste service providers to increase the diversion rate and collect more recyclables than the prior year's 62,118 tons. Q3 Update: Over 42K tons have been diverted through Q2 2021 (July - Dec 2020), exceeding the YTD target by 18%. This is an increase of almost 12K tons in comparison to prior fiscal year-to-date, the majority of which is from yard debris. ��\)� E S �-0G BOARD OF COMMISSIONERS FY 2021 Goals and Objectives Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Safe Communities: Protect the community through planning, preparedness, and delivery of coordinated services. • Provide safe and secure communities through coordinated public safety services. • Reduce crime and recidivism through prevention, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies and disasters. Healthy People: 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 in balance with other community needs. Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. • Support affordable and transitional housing options through availability of lands, project planning, and appropriate regulation. • Administer land use policies that promote livability. • Maintain a safe, efficient and economically sustainable transportation system. • Partner with organizations and manage County assets to attract business development, tourism, and recreation. Service Delivery: 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 and enhance capital assets, strengthen fiscal security, and ensure sufficient space for operational needs 0 Provide collaborative internal support for County operations. O o o \ \ Q) r, N C� O \ N Lnf� m N N O U N >- i-i Ql O l0 Co LL. N ,� u l0 cO M Ol al l-1 0) Cl) r-. 00 0 u° c-i M U (B O o 0 0 0 5 L7 N m 4n m C c O � m Ln r m N 4� O N y Q LL U O Lr) Ct Ol cA v p 06 ri 00 06' cri O M u 0 O C7 M O m lD Q� O Lmn 0 N o � O o O N Ln 00 l0 00 I- U- Y r- O r- in c-i u M l0 Lf1 I� M in = o i i ro U N t O u l,7 m m I, N C 4- J (O O N GJ Q N o n N _ O p N Ln O M M r-i LL ^ O u) N I- to v lD M (3l l0 L!) 0 00 r� 0 to o c-i M u s .. N N 1_L LL Q v U. 4� v u O - > a 41 4= ,a'SVN,. to bA 4- 0 o o o O O O O O O O O O LI) O Ln O ul O N ON. O O a V N N LL LL- x AP} QJ us=' O O O O O O to O to O to O d d M M N N FY 2021 Performance Measures Department Goal Objective 9-1-1 Service District Safe Communities Provide safe and secure communities through coordinated public safety services. 9-1-1 Service District Safe Communities Provide safe and secure communities through coordinated public safety services. 9-1-1 Service District Service Delivery Ensure quality service through the use of innovative technology and systems. 9-1-1 Service District Service Delivery Support and promote Deschutes County Customer Service "Every Time" standards. 9-1-1 Service District Service Delivery Ensure quality service through the use of innovative technology and systems. Administration Safe Communities Collaborate with partners to prepare for and respond to emergencies and disasters. Measure Q1 Update Q2 Update Goal Met - 96% of EMD calls Continue to meet and exceed the Emergency Medical Dispatch call taking standards established by the International Academies of Emergency Medical Dispatch and consider formal application for district medical accreditation in those standards. Continue to meet and exceed the Emergency Fire Dispatch call taking standards established by the International Academies of Emergency Fire Dispatch. Measured monthly by random call sampling used for quality assurance. Enhance operational capabilities at existing backup center by deploying radio dispatch consoles as well as fully functional CAD system computers. Utilize the most of the small space by accommodating five consoles which will be available at any time for staff in an emergency situations. With CAD system deployment complete, continue to focus on the needs of internal staff and external partners to meet the operational use needs of the new CAD system and its integration with law enforcement and fire records management. Coordinate with 9-1-1 and DCSO to increase the number of web -registered Deschutes Alerts subscribers scored (314 out of 326) as compliant or higher. 90% scored (293 out of 326) at highly compliant. Staff working on software revision updates, policy refinement, and review committee mandates to fully meet all Accreditation requirements in anticipation of applying for Accreditation in the future. Goal Met - 96% of EFD calls scored (313 out of 327) as compliant or higher. 86% scored (281 out of 327) at highly compliant. Goal Met - Backup Center fully functional on all systems. CAD, Radio, Phone, COVID-Measures Goal Met - 97.3% of EMD calls scored as complaint or higher Goal Met - 97.9% for EFD calls scored as compliant or higher. Goal Met. Backup center as well as training room remain fully functional and ready for activation if needed. Some testing this quarter has been ongoing with deployable laptops for 911 call taking that can potentially be used anywhere with internet service. Q3 Update Goal Met - 97% of EMD calls scored as compliant or higher Goal Met - 97% of EFD calls scored as compliant or higher Goal met in Q2. Both location remain fully functional as ready to be activated if needed Goal met - Busiest hour again Goal Met. Busiest hour again was Goal Met. Busiest hour was 3pm- was 4pm-5pm 94.22% of 911 calls 4pm-5pm. 94.55% of 911 calls were 4pm. 93.63% of 911 calls were answered in 10 seconds or less.. answered in 10 seconds or less. answered in 10 seconds or less. Goal Met - DSS Reporting and Analytics Software training scheduled for all user agencies. Coordination with Tyler Tech for software enhancement requests of CrewForce iOS software to support FD operational needs. Punch list of support items for system/software acceptance is progressing. Starting to review the newest software version that contains system acceptance items and multiple significant software enhancement requests. Goal Met - Staff continues to learn additional system capabilities in greater detail and subsequently identify and implement operational efficiencies and enhanced workflows with partner agencies. Slight decrease is overall registrations due to significant database cleanup by staff to eliminate duplicates and entry errors. Staff committed to the testing and building of CAD system software upgrade in Q4 which will include coordination and training with partner agencies. 12.6% increase from Q1 for a total of 27,565 web registration opt-in's FY 2021 Performance Measures Department Administration Administration Administration Administration Administration Goal Objective Measure Support affordable housing options through Work with non-profit agencies to increase Economic Vitality availability of lands, project planning and the supply of affordable housing. appropriate regulation. Support affordable housing options through Identify asset or foreclosure properties that may be appropriate for housing Economic Vitality availability of lands, project planning and and/or social services and assist the appropriate regulation. developer in bringing projects to fruition Support affordable housing options through Seek opportunities to partner with other Economic Vitality availability of lands, project planning and jurisdictions to stimulate affordable appropriate regulation. housing projects. Economic Vitality Economic Vitality Maintain a safe, efficient and economically sustainable transportation system. Partner with organizations to manage County assets to attract business development, tourism and recreation. Q1 Update Q2 Update _ Q3 Update Property management continues to monitor inventory to identify property that may be appropriate for affordable housing. Over the last quarter, though on the fringe of affordable housing, property management engaged the Board concerning interest in warming shelter participation. The Board determined that no County - owned property was available, a fiscal contribution may be available for the coming season. Property management continues to monitor inventory to identify property that may be appropriate for affordable housing. Over the last quarter, though on the fringe of affordable housing, property management engaged the Board concerning interest in warming shelter participation. The Board determined that no County - owned property was available, a fiscal contribution may be available for the coming season. Property management continues to monitor inventory to identify property that may be appropriate for affordable housing. Over the last quarter, though on the fringe of affordable housing, property management engaged the Board concerning interest in warming shelter participation. The Board determined that no County - owned property was available, a fiscal contribution may be available for the coming season. Deschutes County continues to coordinate with COIC to Secure state and federal funds to support implement our STIF projects. local public transit services in partnership Deschutes County's STIF and STF with local providers. committees will meet in December to discuss applications for the upcoming biennium. Leverage funds for job creation and EDCO expects to bring new business recruitment, support and business loan requests to the diversification through County economic BOCC during Q2. development loan program Property Management has been working with Bend Heroes Foundation and Central Oregon Veterans Outreach to finalize two agreements -memorandum of understanding and a ground lease for the Veterans Village project. The Property Management has identified two properties in Redmond that may be well suited for Habitat for Humanity. Habitat has confirmed their interest, so next agreements are close to final form step is scheduling time to discuss and will be memorialized in the next with the Board. few weeks. Property Management is currently preparing the annual tax foreclosure deed and will acquired 7 tax foreclosed properties, roughly mid -February 2021. There is a property in the La Pine that may have merit to be considered for affordable housing. Additional evaluation will be required once the County has possession of the property. None at this time. Deschutes County is currently administering STIF, STF and 5310 funds with local transit providers. During Q2, the BOCC approved a $10,000 Economic Development Loan that will result in the creation of at least 10 new full time jobs. Property Management is preparing to bring to the Board five asset properties that may be considered for disposition. Three of these properties could likely be developed as affordable housing. Or properties could be sold on the open market and funds used to support other projects and/or partners, for examples. Property Management is preparing to bring to the Board five asset properties that may be considered for disposition. Three of these properties could likely be developed as affordable housing. Or properties could be sold on the open market and funds used to support other projects and/or partners, for examples. Deschutes County is currently administering STIF, STF and 5310 funds with local transit providers. During Q3, the BOCC approved two Economic Development Loans that will result in the creation of 22 new jobs. K FY 2021 Performance Measures Department _ Goal Objective Measure _ Q1 Update Q2 Update Q3 Update Maintain Risk Management reserve at the Preserve and enhance capital assets, 80% confidence level of adequacy, based The Risk Management reserve is No additional information in this No additional information in this Administration Service Delivery strengthen fiscal security and ensure on an actuarial study of the County's at the 90% confidence level of quarter. quarter. sufficient space for operational needs. workers' compensation and general adequacy. liability claims. In Quarter 1, 1 audit report was In Quarter 3, 2 audit reports were Provide collaborative internal support for Achieve 95% survey rating of overall issued (Fair & Expo report) and it No additional information in this issued and received seven survey Administration Service Delivery County operations. quality of internal audit reports. received 6 survey responses for a quarter. responses providing a 85% overall 93% overall survey rating. survey rating by report. Number of workplace accidents that Provide collaborative internal support for require days away from work, or The DART rate will be reported on No additional information in this Calendar Year DART Rate: 2.1; target Administration Service Delivery County operations. transferred workers per 100 employees later in the year. quarter. is 2.0 (DART Rate). Currently appointment wait times Appointment wait times have been Administration Service Delivery Support and promote Deschutes County Veterans' Services: See customers within Wait time is currently less than 10 are within 10 days and usually less holding steady within the 10 day Customer Service "Every Time standards. 10 days days. than one week. period and usually within one week. This information is not available This information is not available Assessor's Office Service Delivery Ensure quality service through the use of Accounts managed per FTE compared to until late in the 3rd quarter of until late in the 3rd quarter of fiscal innovative technology and systems. other Oregon counties. fiscal year year Written approval by the Department of Assessor's Office Service Delivery Ensure quality service through the use of Revenue for the Assessor's certified Ratio received approval received approval innovative technology and systems. Study. received approval Assessor's Office' Service Ensure quality service through the use of Percentage of tax statement mailed by i�§r��i�� 1'�T s � � �~'� y;�x /� ��j ��j �� all tax statements were mailed innovative technology systems. stems. Oct. 25th. i11eiy all tax statements were mailed timely Written certification from the Department This information is not available This information is not available This information is not available Assessor's Office Service Delivery Ensure quality service through the use of innovative technology and systems. of Revenue approving the County Assessment Function Assistance (CAFFA) until late in the 3rd quarter of until late in the 3rd quarter of fiscal quarter of fiscal until late in the 3rd q fiscal year year year program Administrative expenses as a percentage This information is not available This information is not available This information is not available Assessor's Office Service Delivery Ensure quality service through the use of of taxes imposed compared to other until late in the 3rd quarter of until late in the 3rd quarter of fiscal until late in the 3rd quarter of fiscal innovative technology and systems. Oregon Counties fiscal year year year Clerk's Office Service Delivery Ensure quality service through the use of Compares recording staff FTE to the To Report at Fiscal Year End To Report at Fiscal Year End To Report at Fiscal Year End innovative technology and systems. number of pages recorded. Clerk's Office Service Delivery Ensure quality service through the use of Compares election staff FTE to voter To Report at Fiscal Year End To Report at Fiscal Year End To Report at Fiscal Year End innovative technology and systems. registration. No report this quarter. No No report this quarter. No No report this quarter. No Clerk's Office Service Delivery Support and promote Deschutes County Percentage of customers rating levels of responses received between July responses received between Oct 1 & responses received between Jan 1 & Customer Service "Every Time" standards. service as very good to excellent. 1 & Sept 30. Dec 31. Mar 31. Election personnel cost comparison per Clerk's Office Service Delivery Support and promote Deschutes County 1,000 ballots tallied for countywide To Report at Fiscal Year End To Report at Fiscal Year End To Report at Fiscal Year End Customer Service "Every Time" standards. elections. Within Range: Voluntary Within Range: Voluntary compliance Achieved: Voluntary compliance in Provide safe and secure communities Improve voluntary compliance in code compliance in code compliance in code compliance cases during the code compliance cases during the Community Development Safe Communities through coordinated public safety services. enforcement cases from 85% to 90%. cases during the first quarter second quarter occured in 87.9% of third quarter occurred in 94% of occured in 85.2% of cases closed. cases closed. cases closed. 3 FY 2021 Performance Measures Department Community Development Community Development Community Development Goal Safe Communities Safe Communities Objective Measure Provide safe and secure communities Improve the resolution of code through coordinated public safety services. enforcement cases within 12 months from 75 /o to 85 /o Collaborate with partners to prepare for and respond to emergencies and disasters. 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. Q1 Update Q2 Update Q3 Update Narrowly Missed: A total of 74.1 % Narrowly Missed: A total of 71.5% of Within Range: A total of 77% of code of code compliance cases were code compliance cases were closed compliance cases were closed closed within 12 months during within 12 months during the second within 12 months during the third the first quarter. Achieve compliance with the ATT Help to sustain natural resources in balance (Alternative Treatment Technology Septic Healthy People with other community needs. System) Operation and Maintenance o Will have an update in Q2 (O&M) reporting requirements of 95 /o to protect groundwater. quarter. quarter. Wildfire: Staff is administering an Both the wildfire hazard mitigation 18-month $20,000 TA Grant from and Goal 5 wildlife inventories 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. CDD recently completed a two month community conversation, including a statistically valid survey, regarding two measures that can be employed to better protect our communities from wildfire (11327.4 and defensible space). Staff is preparing a summary report of the community conversations. This will be discussed at the Board's 1 / 2 0 work session. Wildlife: Staff will seek public input on three new/updated wildlife inventories relating to mule deer winter range, sensitive bird habitat (bald and golden eagles) and elk winter range. Community conversations consisting of virtual open houses, ArcGIS Story Maps, and informal surveys will occur in March. Achieved: Reporting compliance for ATT operation and maintenance achieved at 98%. projects will be completed by May 31, consistent with DLCD grant requirements. CDD is scheduled to meet with the Board on April 28 to receive direction to consider adopting R327.4 and/or defensible space standards into County Code. CDD is conducting open houses on April 15 and 29 to receive public input on three new wildlife inventories. Afterwards, sometime in late May or earlyJune, staff will seek direction from the Board to consider adopting the inventories by initiating amendments to the Comprehensive Plan and zoning code. No change from Q2. 4 FY 2021 Performance Measures Department Goal Community Development Community Development Community Development Community Development Community Development Community Development Community Development Community Development Objective Measure Q1 Update Q2 Update Q3 Update Support affordable housing options through Complete rural vacant residential lands Economic Vitality availability of lands, project planning and analysis and develop a County housing appropriate regulation. strategy to inform the 2021 Comprehensive Plan Update. Amend the City of Bend Urban Growth Administer land use policies that promote Boundary to implement HB 4079, a pilot Economic Vitality livability. project to increase the supply of affordable housing projects. Economic Vitality Service Delivery Service Delivery Service Delivery Service Delivery Administer land use policies that promote livability. Ensure rrmAity ceniire through the ice of innovative technology and systems. Ensure quality service through the use of innovative technology and systems. Ensure quality service through the use of innovative technology and systems. Ensure quality service through the use of innovative technology and systems. Amend the City of Redmond Urban Growth Boundary to implement HB 2336, a pilot project to increase the supply of affordable housing units. Achieve 6-10 inspection stops per day to provide quality service. Achieve an average turnaround time on building plan reviews of 8-10 days to meet or exceed state requirements. Sustain the issuance of land use administrative decisions with notice within 45 days and without notice Sustain the issuance of land use administrative decisions without notice within 21 days of completed application. Staff have met with the Board four times since July 2020 and will return in November to continue the discussion. Staff has prepared a housing profile which will continue to evolve through Board discussions. Staff participated in a conference call with City of Bend's Growth Management Department in August 2020. No timetable for completion was discussed. The City of Redmond applied for a UGB amendment to begin implementing HB 2336. A hearings officer proceeding is expected in late November or early December. Achieved an average 9.35 inspection stops per day. Missed: Achieved an average turnaround time on building plan reviews of 18.5 days during the first quarter. Achieved. Administrative decisions with notice were issued within 34.2 days on average during the first quarter. Achieved. Administrative decisions without notice were issued within 17.6 days on average during the first quarter Improve the issuance of onsite septic Achieved. Onsite septic system Ensure quality service through the use of system permits within 15 days of permits were issued within 5.71 Service Delivery innovative technology and systems. completed application to within 12 days of days during the first quarter. completed application. A 2020 Rural Housing Profile for Deschutes County contains a summary of existing conditions, a twelve-month market analysis, housing strategies employed by other counties, institutional challenges, and opportunities for providing additional rural housing. The Board accepted the report in November. One of the Board's highest priorities as it relates to housing is pursuing rural accessory dwelling unit legislation in 2021. A Deschutes County/City of Bend staff meeting will be scheduled monthly to discuss HB 4079. The Board is conducting a work session on the UGB Amendment affordable housing pilot project on January 13. The public hearing date is TBD. Achieved an average 9.39 inspection stops per day. Missed: Achieved an average turnaround time on building plan reviews of 16.90 days during the second quarter. Within Range: Administrative decisions with notice were issued within 50.9 days on average, narrowly missing the target, but well within the 30 to 60 day range. Achieved: Administrative decisions without notice were issued within 21.9 days on average during the second quarter. Achieved: Onsite septic system permits were issued within 4.08 days during the second quarter. A 2020 Rural Housing Profile for Deschutes County contains a summary of existing conditions, a twelve month market analysis, housing strategies employed by other counties, institutional challenges, and opportunities for providing additional rural housing. The Board accepted the report in November. One of the Board's highest priorities as it relates to housing is pursuing rural accessory dwelling unit legislation in 2021. The City of Bend staff is scheduling monthly meetings to discuss HB 4079. The Board conducted a work session on the UGB amendment for the affordable housing pilot project on January 13. The public hearing date is TBD. Achieved an average 8.46 inspection stops per day. Missed: Achieved an average turnaround time on building plan reviews of 13.98 days during the third quarter, which is an improvement over the second quarter. Achieved. Administrative decisions with notice were issued within 36.2 days on average during the third quarter. Achieved. Administrative decisions without notice were issued within 11.5 days on average during the third quarter. Achieved: Onsite septic system permits were issued within 2.64 days during the third quarter. 5 FY 2021 Performance Measures Department Community Justice Community Justice Community Justice Community Justice Community Justice Community Justice Community Justice Community justice District Attorney's Office Goal Objective Measure Q1 Update Successfully test whether Juvenile In Progress. 3 identified; 1 Reduce crime and recidivism through ' declined to be referred; 2 Safe Communities prevention, intervention, supervision and Probation officers twith can positively Substance Use referred for screening but enforcement. intervene with youth h wdeclined to participate after Disorders screening. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and enforcement. Meduce crime and recidivism through Safe Communities prevention, intervention, supervision and enforcement. Reduce crime and recidivism through Safe Communities prevention, intervention, supervision and enforcement. Complete criminogenic risk assessments of supervised adult clients within 10 days 7.6 days of intake. Ensure 75% of supervised adult clients have active and updated Behavior Change 27.30% Plans. Have two completed validation studies by January 2021, one for existing intake assessment and one for existing detention risk assessment. Ensure 65% of cognitive -behavioral group participants report skill acquisition (Juvenile MRT, Adult MRT and Adult Moving On). Ensure 100% of contracted adult treatment providers are providing or actively working on an action plan to treatment that qualifies as "evidence - based" according to the Correctional Program Checklist. In progress. Southern Oregon University has received raw data for first validation project (Brief Screen) and conducted initial meeting with juvenile staff to identify elements of the qualitative research question associated with the validation. 100% 1 Drnvirlina• d Drtivchi Mini-Vina nn Action Plans; 3 Pending. Date TBD due to COVID. Remain at least 10% below the state's pre - Justice Reinvestment Program county prison utilization baseline of 1,716 months (the number of months at the time of the 25% baseline measurement that Deschutes County adults in custody were serving/sentenced). As of January 2020 we were at 1,199 or 30% below baseline. Reduce crime and recidivism through Transition from written to digital monthly Safe Communities prevention, intervention, supervision and reporting of adults on supervision. MET enforcement. Maintain over 90% of victims who report Provide safe and secure communities after case closure that they either agree or Safe Communities through coordinated public safety services. strongly agree that the victims' assistance 97% program helped them make informed decisions about their situations. .i- 'C- wr.. In progress. No youth currently In progress. 2 new youth identified identified or participating. COVID-19 and participating; 1 additional youth has depressed referral numbers. referred and declined. 7.9 days 7.6 days 64.10% 78.00% In progress. Southern Oregon In progress. Southern Oregon University has completed qualitative University is conducting quantitative research and is currently conducting analysis and will begin qualitative quantitative research. Activities are interviews Jan. 8 to Jan. 22. expected to conclude on time. 100% 100% 1 Prnvirlinuv 4 Artivaly wnrkinpr nn 1 Prnvirlina• d Arthiahi wnrkina nn Action Plans, 3 Pending. Date TBD due Action Plans, 3 Pending. Date TBD due to COVID. to COVID. -36% -47% MET MET 88% 93% FY 2021 Performance Measures Department Goal _ Objective Measure Q1 Update _ Q2 Update Q3 Update Currently the long term,1 year average Reduce crime and recidivism through recidivism rate for PCS crimes in Deschutes County for is 50.6%. Goal is to District Attorneys Office Safe Communities prevention, intervention, supervision and maintain a one (1) year recidivism rate for 35.47% 35.51 % 35.21 % enforcement. all enrolled Goldilocks Clean Slate participants 40% or less. Currently the long term, two year average Reduce crime and recidivism through recidivism rate for PCS crimes in Deschutes County is 62%. Goal is to District Attorneys Office Safe Communities prevention, intervention, supervision and maintain a two (2) year recidivism rate for 40.41 % 41.19% 41.69% enforcement. all enrolled Goldilocks Clean Slate participants 45% or less. Achieve minimum 50 percent positive Deputy District Attorney survey responses • Ability call and/or meet with (total of "very good" and "good" victims in n a timely manner: from . Ability to call and/or meet with responses) to the following questions: 25 percent to 50 percent. 44.45/o o victims in a timely manner: from 25 Reduce crime and recidivism through • Ability to call and/or meet with victims in • Adequately Prepare for Trial: percent to SO percent. 47. 7 • Ability to call and/or meet with District Attorneys Office Safe Communities prevention, intervention, supervision and a timely manner: from 25 percent to 50 percent. from 19 percent to 50 percent. 'Adequately Prepare for Trial: from 19 percent to 50 percent. 42.11 /o victims in a timely manner: from 25 percent to 50 percent. 52.39/o enforcement. • Adequately Prepare for Trial: from 19 c 38.89 /o • Ability to work on case follow-up • Ability to work on case follow-up • Adequately Prepare for Trial: from percent to 50 percent. tasks: from 20percent to 50 tasks: from 20 percent to 50 19 percent to 50 percent. 33.33% • Ability to work on case follow-up tasks: percent. 27,78 /o percent. 36.84% • Ability to work on case follow-up from 20 percent to 50 percent. tasks: from 20 percent to 50 percent. 3 % With the completion of the Stabilization Center, near term Partner with Public Safety Campus projects as identified in the Public Design is complete for the Contract has been issued for Facilities Safe Communities Provide safe and secure communities stakeholders to plan for facility Safety Campus Master Plan are currently being developed. Community Service Shop and associated Parking "B" expansion. construction and work is scheduled through coordinated public safety services. improvements in support of operational Projects included, parking Plans are underway to issue an RFP to begin in Q4 on the Community objectives. expansion, Community Service for construction services. Service Shop. Shop, and Parole and Probation expansion. Planning is underway for an Design for seismic improvements Improve the structural resilience of engineering review the South County Services Building. associated with the replacement of Courtroom remodels will begin in Facilities Safe Communities Collaborate with partners to prepare for and County buildings through improvements to seismic restraints and by completing Structural seismic improvements the the courtroom roofs and skylights at the Main Courthouse is Q4 for seismic improvements of the respond to emergencies and disasters. structural engineering reviews at targeted are currently being incorporated complete. The work will be roof structure part of the planned facilities. into the planned Courtroom incorporated into the upcoming work. Remodels at the Main courtroom remodel project. Courthouse. Ensure safe access to County facilities and Inspections and planning are (3) repair projects have been Facilities Healthy People Support and advance the health and safety services through annual inspection of 80% underway to identify projects for Inventory work continues to identify identified for completion in Q4. The of Deschutes County's residents of sidewalk inventory and complete Q3, in spring of 2021. projects forspring of 2021. work has been awarded and is repairs as needed. scheduled. Utilize existing facility management An inventory of HVAC equipment county-wide as been completed.or The inventory is being utilized for HVAC controls upgrades at the Facilities Service Delivery Ensure quality service through the use of software to track lifecycle planning f Data entry of the information in preventative maintenance planning IT/Facilities Warehouse and the innovative technology and systems. facility Heating Ventilation Air to existing software will be and (2) digital control upgrade Historical Museum were completed Conditioning (HVAC) assets. undertaken as staff time permits. projects are underway. in Q3. 7 FY 2021 Performance Measures Department Goal Objective Preserve and enhance capital assets, Facilities Service Delivery strengthen fiscal security and ensure sufficient space for operational needs. Fair & Expo Fair & Expo Fair & Expo Measure Q1 Update Q2 Update Continue the development and implementation of the facility asset management and replacement plan. Build and continue effective partnerships Safe Communities Collaborate with partners to prepare for and with Federal, State and Local emergency respond to emergencies and disasters. or incident response providers including preparation, training and planning. Economic Vitality Economic Vitality Partner with organizations to manage County assets to attract business development, tourism and recreation. Partner with organizations to manage County assets to attract business development, tourism and recreation. Strive to achieve more than $48 million in annual economic impact generated from Fair & Expo events and facilities. This measure uses economic multipliers established by Travel Oregon and updated with Travel Industries of America travel index. Provide a safe, modern event venue to our community that attracts more than 750,000 visitors annually. Review of Phase II assessments is underway in preparation for the FY 2022 budget development. Due to the impacts of Covid19 Phase II building assessment review continues as part of FY 2022 budget preparation. Work to create a 5- year plan for upgrade of stormwater controls in conjunction with our DEQ permit requirements will be undertaken in Q3. Fair & Expo is working with DCSO and DC Public Health on PPE Q3 Update A 5-year plan for upgrades of stormwater controls was completed in Q3 and will be presented to the budget committee. distribution, COVID testing, and as a Fair & Expo is currently the site of possible Covid Vaccination location a long term agreement with FEMA was approved and signed, for the use of specific parking areas at F&E for large scale natural disasters. Due to the impacts of Covid19 economic impact is not expected economic impact is not expected to to meet this original target. meet this original target. DCFE is focused on facility wide improvements that will benefit each of our visitors, now and into the future. Recent updates include the installation of LED lighting in the Event Center, providing a much needed modernization, and cost savings. DCFE is focused on facility wide improvements that will benefit each of our visitors, now and into the future. Recent updates include the completion of a new LED lighting system in the Event Center, providing a much needed modernization, and cost savings. Future project research is ongoing, and includes possible additional LED lighting upgrades, and other EnergyTrust rebate certified projects the Covid19 Mass Vaccination Clinic in partnership with Public Health, St Charles and more. Due to the impacts of Covid19 economic impact is not expected to meet this original target. DCFE Buildings & Grounds Committee will be meeting in April to discuss end of FY21 and FY22 facility projects. These may include continued LED upgrades facility wide, restroom upgrades/updates, and more 0 FY 2021 Performance Measures Department Goal Fair & Expo Fair & Expo Fair & Expo Finance Economic Vitality Service Delivery Service Delivery Service Delivery Objective Measure Partner with organizations to manage County assets to attract business development, tourism and recreation. Ensure quality service through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards. Ensure quality service through the use of innovative technology and systems. Development of a refined facility marketing plan, with focus on creation of target market segments. Create and utilize local partnerships to increase awareness of Deschutes County Fair & Expo and the Deschutes County Region. Develop and implement Fair/Large event traffic mitigation plan and strategies. Continue to achieve minimum of 90% or greater customer service satisfaction in all Q1 Update Q2 Update Q3 Update A full analysis of prior marketing expenditures was conducted, and a facility marketing plan was created for 2020. This plan identified key target markets including, Livestock/Equestrian events and Sporting events as the 2 primary economic drivers. Despite the impacts of Covid19, DCFE has seen success in the outreach into the Equestrian/livestock area with the recruitment of new events including Cascade Chute OUt, Challenge of Champions, Oregon Angus Show, and more. A full traffic and parking plan was put together in anticipation of the 2020 Fair. This plan was not utilized due to the cancellation of 2020 Fair, but is in the process of being updated for the 2021 and beyond Fairs. While events have been severely impacted by the effects of Covid19, DCFE received an over areas. 90% customer satisfaction rating through Q1 Improve the efficiency of payments by implementing and/or expanding electronic processes in employee reimbursements and expansion of ACH In process. accounts payable payments and use of purchase card payments. A full analysis of prior marketing expenditures was conducted, and a facility marketing plan was created for 2020. This plan identified key target markets including, Livestock/Equestrian events and Sporting events as the 2 primary economic drivers. DCFE has seen success in the outreach into the Equestrian/livestock area with the recruitment of new events including Cascade Chute Out, Challenge of Champions, Oregon Angus Show, and more. For FY22 F&E will host multiple new equestrian events including the new High Desert Summer SHowcase Morgan Horse Event, Sanctuary Barrel Races, and the return of the Columbia River Circuit Finals Rodeo. A full traffic and parking plan was put together in anticipation of the 2020 Fair. This plan was not utilized due to the cancellation of 2020 Fair, but is in the process of being updated for the 2021 and beyond Fairs. While events have been severely impacted by the effects of Covid19, DCFE received an over 90% customer satisfaction rating through Q1 On hold pending additional Munis/system support. An analysis of prior marketing expenditures was conducted, and a facility marketing plan was created for 2020. This plan identified key target markets including, Livestock/Equestrian events and Sporting events. DCFE has seen success in the outreach into the Equestrian/livestock area with the recruitment of new events in 2020 and 2021 including Cascade Chute Out, Challenge of Champions, Oregon Angus Show, and more. For FY22 F&E will host multiple new equestrian events including the new High Desert Summer Showcase Morgan Horse Event, Sanctuary Barrel Races, Columbia River Reigning Horse Shows, and the return of the Columbia River Circuit Finals Rodeo. A full traffic and parking plan was put together in anticipation of the 2020 Fair. This plan was not utilized due to the cancellation of 2020 Fair, but is in the process of being updated for the 2021 and beyond Fairs. DCFE continues to receive a customer satisfaction rating exceeding 90% for all events through Q3 On hold pending additional Munis/system support. FY 2021 Performance Measures Department Goal Objective Finance Service Delivery Ensure quality service through the use of innovative technology and systems. Finance Service Delivery Ensure quality service through the use of innovative technology and systems. Measure Q1 Update Q2 Update Q3 Update Continue to find ways to improve operational processes by reducing labor requirements and data transfer errors while improving the customer service experience including the transition of Dog Licensing registration system from a manual, in -person process to an online system, transition paper property tax statements to "e-statements" and more efficiently capture room tax accounts. Improve efficiency of County budget process and development of the annual budget document. 1. Dog Licensing. The IT department is finishing the changeover to a new database for dog licensing. Once complete, we will be able to provide online registrations for new pets. 2. Property Tax. New for this year is the production and mailing of property tax statements from a third party vendor. This will save the county over $10,000 in printing and mailing costs and a week's worth of staff time. E- statements will be offered starting in January 2021. 3. Room Tax. Reviewing options to replace existing collections system. In process. Implemented a more efficient budget calendar that recognizes ISF and PR projections cannot be completed until February due to th COLA. In process of purchasing Budget software to help with narrative and visual automation of budget book. 1. Online ability to license new dogs is still waiting for IT to finish changing over the data base. Once complete, it should be an easy transition. 2 Property tax statement mailing went well with new 3rd party vendor. 2nd trimester statements will be mailed out around Jan 25th and will include the option for taxpayers to "opt in" to e- statements. This will not only be a benefit to the taxpayers as they will be notified of their statement much sooner than waiting for the mail but it should also give them a link to pay. The County will be able to save postage by not mailing the statement and would also be able to view if a taxpayer downloaded or viewed the statement. The 3rd party will have online help for any issues with e-statements so we won't have to field any of those calls. 3. In process of reviewing online filing software platforms for Room Tax. Had demo with iGov which sounds like a more user friendly system that allows the County to assist the customer without having to contact the software company. IT seems to approve so now waiting for project estimate as well as checking several other options. The FY22 budget calendar has been modified to provide for the budget process to commence after CPI/COLA information is available. This starts the budget process in February, up to two months later than in prior years to provide better, more up to date information for the budget building exercise. We have researched electronic budget book options that will significantly reduce the amount of staff time required to assemble the budget document. We've narrowed the options down to three and should have a decision soon. 1. Checked with IT and they plan on having the ability to license new dogs online up and going by July 1, 2021. #2 E-statements options were started with the 2nd trimester mailing for those property tax accounts that want to opt in. To date 100 users have signed up for e- statements. We will again have that option available on the 3rd trimester statements so we hope that with each mailing the number of e-statements users will greatly increase. For the fall statements we plan on doing more PSAs. 3. Finance just signed a contract with MuniRevs for online room tax registration, filing, and payments as well as one of their products, Lodging Revs for vacation property locates. We expect that revenues could increase once overall compliance is met for reporting. We plan on going live by July 1, 2021. We've recalibrated the calendar by delaying the budget development start date to align with the availability of CPI information in early February. This allows departments to develop their budgets later in the year with better information. We've selected a budget document builder software and have included the costs as a special request in the FY22 budget. 10 FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Q3 Update Finance Service Delivery Ensure quality service through the use of Continue to develop new and functional In process. Developed an alternate No updates. innovative technology and systems. business intelligence tools to assist County methodology for tracking time spent departments with efforts to improve on grants/projects outside of the transparency and monitoring of fiscal and traditional NOVAtime time tracking. operating activities, decision support and Functionality allows for passive -time process improvements. collection to the entire County. Finance Service Delivery Support and promote Deschutes County Develop and implement annual customer In lieu of a formal survey, In process. Completed. Customer Service "Every Time" standards. service survey for the Finance Treasurer/CFO conducts annual department. "check in" meetings with department heads and lead staff to review the prior year and seek input on how Finance can improve services. The feedback is used to establish improvement goals in the Finance Department. Reduce crime and recidivism through Reduce recidivism by 60% among 61% ([449-176]/449) (449 total arrests 18 months prior 61% ([455-177]/455) (455 total arrests 18 months prior to 61% ([472-185]/472) (4725 total arrests 18 months prior Health Services Safe Communities prevention, intervention, supervision and individuals served by the Forensic to FD services; 176 total arrests FD services; 177 total arrests post 18 to FD services; 185 total arrests post enforcement. Diversion Program. post 18 months) months) 18 months) Reduce outbreaks and spread of disease hY �����j��i ������a�� 95% (21 /22) (for those diseases that 100% (28/28) (for those diseases Health Services Healthy People Support and advance the health and safety by completing 95% of communicable �i� ���1� �`� have a 10-day completion that have a 10-day completion of Deschutes Countys residents disease investigations within 10 days, asga�5 requirement. This does not include requirement. This does not include defined by the Oregon Health Authority. ig1j s 4 coronavirus cases) coronavirus cases) Reduce outbreaks and food -borne illness 66% (225/340) (OHA freeze and by inspecting a minimum of 95% of extreme risk level mandated that EH Health Services Healthy People Support and advance the health and safety of Deschutes Countys residents ncenseu iacniue5 ke.g. i exam ai iu, nn `�^ „1 n, � Diu l� i i� i ) 'moo, ��, 1^'n` �, ,� �, *��, stay :,tGt of fu'�iiitie� and that many pools/spas/hotels, etc.) per state of these facilities were closed for a requirements. period during Q3) Assure 90% of women served in the DCHS Health Services Healthy People Support and advance the health and safety clinic and at risk for unintended 95.5% (336/352) 91.7% (177/193) 92.4% (209/226) of Deschutes Countys residents pregnancy use effective methods of contraception after receiving services. Support and advance the health and safety Assure 80% of pregnant women being Data notyet available, will update Health Services Healthy People of Deschutes Countys residents served by DCHS receive prenatal care 91 % (58/64) 90% (60/67) ASAP. beginning in the first trimester. See Behavioral Health Oregon Health Plan Data notyet available, working with Health Services Healthy People Promote well-being through behavioral clients needing emergent/urgent visits o 99/0 (102/103) o 100 /o (96/96) electronic health records system to try health and community support programs. within 24-48 hours. to pull. Will update ASAP. See Behavioral Health Oregon Health Plan Data notyet available, working with Health Services Healthy People Promote well-being through behavioral clients needing routine visits within one 99.7% (314/315) a 100 /o (373/373) electronic health records system to try health and community support programs. week. to pull. Will update ASAP. Offer a behavioral health appointment Health Services Service Delivery Support and promote Deschutes County that falls within the seven (7) day period 97% (28/29) 94% (31/33) 94% (15/16) Customer Service "Every Time" standards. post -discharge to 82.7% of individuals discharged from Sageview. 11 FY 2021 Performance Measures Department Goal Human Resources Human Resources Human Resources Human Resources Service Delivery Service Delivery Service Delivery Service Delivery Objective Measure Q1 Update Q2 Update Q3 Update Ensure quality service through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards. Preserve and enhance capital assets, st el gtI I CI ICI I scI s e c u I Ily a I ensure sufficient space for operational needs Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. FY20 Benchmark: N/A (data was Achieve 100% of employee action changes not tracked prior to this FY) processed in good order (timely and Q1 Performance: 99.03% of all accurately.) Achieve 100% of classification reviews delivered for consideration within one month of receipt of final draft from department. Comparison of percent of director, managers, and supervisors in County vvv.,I MIU1- cC 11-1 1 c. lI a LIUI 1C�111V Lw. V c community r %er.i+�aobnec inn population for women and for minorities. Maintain health care cost inflation at or below national average of 5-7% for self - funded plans. employee action changes processed in good order. HR has not received any classification reviews for FY21 Q1. (No benchmark for this data as it was not tracked prior to this FY.) 46% of DC Officials/Administrators (Directors and Managers) identify as Female, compared to 36% of Community Officials/Administrators identify as Female. 5% of DC Officials/Administrators (Directors and Managers) are Minority, compared to 7% of Community Officials/Administrators are Minority (Male/Females.) The DC Health Plan is running at -12.7% for the most recent three month period Oun-Aug 2020) as compared to the 2019 plan year. Many health plans, including the DC Health Plan, are experiencing lower than average claims due to treatment avoidance due to COVI D-19. Q2 Performance: 99.89% of all employee action changes processed in good order. FY21 Aggregate Performance: 99.54% of all employee action changes processed in good order 0% of classifications received were delivered for consideration within one month. (6 classifications were received in Q2.) HR is working to update the reclassification guide to include improved materials to support a more complete submittal and timely review. 45% of DC Officials/Administrators (Directors and Managers) identify as Female, compared to 36% of Community Officials/Administrators identify as Female. 4% of DC Officials/Administrators (Directors and Managers) are Minority, compared to 7% of Community Officials/Administrators are Minority (Male/Females.) The DC Health Plan is running at -14% for the most recent three month period (Sept -Nov 2020) as compared to the 2019 plan year. Many health plans, including the DC Health Plan, are experiencing lower than average claims due to treatment avoidance due to COVID- 19. In addition, the DC Health Plan large claim frequency in 2020 is lower than in 2019 when the frequency was higher than actuarial norms. Q3 Performance: 98.27% of all employee action changes processed in good order. FY21 Aggregate Performance: 99.21 % of all employee action changes processed in good order. 75% of classifications received were delivered for consideration within one month of receipt by HR. 4 classification reviews were received in Q3. The updated reclassification guide is providing a more complete submittal to HR resulting in a more timely review. 46% of DC Officials/Administrators (Directors and Managers) identify as Female, compared to 36% of Community Officials/Administrators identify as Female. 6% of DC Officials/Administrators (Directors and Managers) are Minority, compared to 7% of Community Officials/Administrators are Minority (Male/Females.) The DC Health Plan is running at -4.4% for the most recent three month period (Dec -Feb 2021) The end of 2020 and early 2021 saw an increase in claims cost due to increased utilization making up some of COVID-19 postponed services. The DC Health Plan large claim frequency in 2020 continues to be lower than in 2019 when the frequency was higher than actuarial norms. 12 FY 2021 Performance Measures Department Human Resources Human Resources Information Technology Goal Service Delivery Service Delivery Service Delivery Objective Measure Provide collaborative internal support for Increase the number of exit interviews County operations. completed and returned by 10%. Promote community participation and engagement with County government Ensure quality service through the use of innovative technology and systems. Comparison of percent of County workforce in relationship to percent in community population for women and for minorities. Improve the cyber-security profile by creating data network segmentation between department operations and automated method of monitoring the active connections to the county network Q1 Update Q2 Update Q3 Update FY20 Benchmark: 60.61 % exit interviews completed. Q1 Performance: 46.67% exit interviews completed and returned to HR in FY21 Q1. In an effort to increase the completion rate, HR staff will be adding an additional check -in with existing employees prior to their departure requesting the exit interview be completed. 55% of DC Total Workforce identify as Female, compared to 47% of Community Workforce identify as Female. 7% of DC Total Workforce are Minority as compared to 10% of Community Workforce are Minority (Male/Females.) Status: In progress. The project is in the vendor selection stage. An RFP was issued at the end of August. Responses have been collected and are being reviewed. Q2 performance: 57.14% exit interviews completed and returned to HR in FY21 Q2. Aggregate FY21 performance: 52.78%. Analysis of those not participating in the exit questionnaire process in Q2 showed a higher than usual number of no -notice terminations (voluntary or involuntary); circumstances for which response rate is typically lower than other groups. 55% of DC Total Workforce identify as Female, compared to 47% of Community Workforce identify as Female. 7% of DC Total Workforce are Minority as compared to 10% of Community Workforce are Minority (Male/Females.) Progress slowed by the effects of the pandemic on staff availability as the project requires the coordinated efforts of staff outside IT. However, IT internal efforts continue to progress. Enhancements to endpoint security continue. A major upgrade to the systems that protect out email inboxes and computers from the likes of malware and malicious content is 95% complete. Q3 performance: 65.52% exit interviews completed and returned to HR in FY21 Q3. Aggregate FY21 performance: 58.46%. 55% of DC Total Workforce identify as Female, compared to 47% of Community Workforce identify as Female. 7% of DC Total Workforce are Minority as compared to 10% of Community Workforce are Minority (Male/Females.) A complete upgrade to endpoint security and related systems has been completed. The Microsoft 365 implementation has caused us to reconsider our approach to monitoring active connections. There are features in Microsoft 365 that will aid in achieving this objective. 13 FY 2021 Performance Measures Department Goal Objective Measure Q1 Update Q2 Update Information Technology Information Technology justice Court Ensure quality service through the use of Establish a standard for secure data Service Delivery innovative technology and systems. communications to support a mobile workforce regardless of scale. Implement and promote the tools Service Delivery Provide collaborative internal support for available in Microsoft 365 to improve County operations. communications between teams and departments. Safe Communities Provide safe and secure communities Rate of collections on fines 50% of above through coordinated public safety services. within 90 days of judgement. Status: Complete. We have employed the use of three Virtual Private Network (VPN) technologies for remote workforce data communications. Solutions from Microsoft, Cisco and Fortinet are in play. Variances in the fleet of County laptops precludes using a single technology. If we could, we would focus on using the Microsoft product. The Fortinet VPN is a stop -gap solution for the DA as they are on a separate authentication scheme from the rest of the County. The IT Department had the equipment available from a recent proof of concept and deployed for the DA at no cost. The County will continue to use the FOB based remote access for those who access from non -County owned computers. No update. This measure was achieved in Q1. An integrator was selected via RFQ and contracted to assist IT with the implementation of M365. A fixed - Q3 Update No update. This measure was achieved in Q1. fee scope of work have been Microsoft 365 update is well Status: In progress. An negotiated and is within budget . estimatesExecution of the scope of underway with the assistance of a implementation partner has been work is to begin during Q3. contractor. Work is being done on selected via RFP. Implementation strategizing the implementation and planning to begin in October of Should the implementation require decisions on security and licensing. 2020. staff to touch every end -point The cloud security structure is in computer, implementation could be place and functioning, severely delayed during the pandemic. Our goal is to achieve a no -touch implementation. Collected $187,407 in fines within 90 days of judgment. Entered $129,655 in new receivables (this number drastically reduced due to fewer citations during COVID- 19). judge initiated COVID-19 multiple case pay-off incentive making collections larger than receivables. Rate of collections over 100%. Collected $173,776 in fines within 90 days of judgment. Entered $216,261 in new receivables for same time period. Rate of collections 80%. Collected $159,992 in fines within 90 days of judgment. Entered $198,229 in new receivables for the same time period. Rate of collections 81 %. 14 FY 2021 Performance Measures Department Goal justice Court Service Delivery Legal Legal Legal Counsel Natural Resources Natural Resources Road Department Road Department Road Department Road Department Road Department Safe Communities Safe Communities Service Delivery Safe Communities Objective _ Measure Q1 Update Q2 Update Q3 Update Promote community participation and engagement with County government Collaborate with partners to prepare for and respond to emergencies and disasters. Collaborate with partners to prepare for and respond to emergencies and disasters. Ensure quality service through the use of innovative technology and systems. 90% resolution of small claim cases before trial. The ongoing COVID-19 emergency response has highlighted strengths and weaknesses associated with providing real time, 24/7 support to county departments during the duration of an emergency event. Legal will develop internal processes to insure immediate, comprehensive and coordinated support. Legal will engage internal emergency operations staff and partner agencies to review/audit existing processes with the goal of identifying successful processes, and fine-tuning, rejecting and/or replacing all others. Legal will implement remote work site processes (developed on -the -fly during the COVID-19 emergency) to allow for a more robust and comprehensive level of 24/7 responsiveness. Collaborate with partners to prepare for and Maintain or increase public participation respond to emergencies and disasters. in Fire Free events as measured by yard debris collected Help to sustain natural resources in balance Maintain or increase the number of Healthy People with other community needs. communities participating in the Firewise USATm Program. Economic Vitality Maintain a safe, efficient and economically sustainable transportation system. Economic Vitality Maintain a safe, efficient and economically sustainable transportation system. Economic Vitality Service Delivery Service Delivery Zero small claims cases filed due to COVID-19 moratorium on new filings. Legal operates on 24/7 basis - access is immediate with phone, text and email. Legal has encouraged department heads to share after- hours contact information for Legal with supervisor and management staff No events in Q1, fall event will be held in Q2 Firewise communities total 37, 1 additional from last quarter, Boonesbourough. 3 additional communities are pending. Sustain Pavement Condition Index (low To be reported in Q2 80s) Achieve 96% of roads rated good or better To be reported in Q2 (PCI above 70) Maintain a safe, efficient and economically Achieve 50% of bridges rated good or 51 % of bridges rated good or better (Deck, Superstructure, and sustainable transportation system. better Substructure Ratings all above 7). Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Provide a maintenance treatment or resurface 14.0% of the County's road pavement asset. Sustain the weighted average Bridge Sufficiency Rating at or above 85. 101 small claim cases were filed during first quarter 2020-2021. Five of these were scheduled for trial. That is a resolution rate of approximately 95%. Staff in County Legal are available at all times to address concerns of County officials and employees. Officials and staff have and continue to contact County Legal after hours and on the weekends. This service function is extremely important and many evolving matters cannot "wait until Monday morning." County Legal has now fully implemented the ability to work/operate from remote locations. IT (Steve Maier) has been critical in this regard. The fall Firer -roe agent is halal in partnership with Republic Services to offer 50% off yard debris disposal at Knott Landfill. 8686 cubic yards were collected, approximately 100 cubic yards less than 2019. Firewise communities now total 40, 3 additional from last quarter. Indian Ford Meadows East, Mountain High and Wyndemere were all newly recognized as sites. PCI: 83 (achieved goal) 98.6% in good condition (goal achieved) 117 small claim cases were filed during second quarter of 20-21. Five of these were scheduled for trial. That is a resolution rate of approximately 96%. Staff at County Legal remain available on a 24/7 basis to respond to emergency situations. All county departments are familiar with methods for contacting County Legal whenever needed and regarding varied subject matters. The assistant attorneys in County Legal are transitioning from nearly exclusively remote operations to a hybrid system that sees them returning to the office on a limited basis. No events in Q3, spring event will be held in Q4 Firewise sites now total 42, 2 additional from last quarter. The Parks and Trout Creek Village were added as recognized sites. Reported in Q2 Reported in Q2 51% of bridges rated good or better Reported in Q2 15.4% (92 miles of chip, 9.9 miles Reported in Q1 of slurry, 6.7 miles of AC) Reported in Q1 Weighted Average Sufficiency Weighted Average Sufficiency Rating Reported in Q1 Rating = 87 (out of 100) = 87 (out of 100) 15 FY 2021 Performance Measures Department Road Department Road Department Sheriff's Office Sheriffs Office Goal Objective Service Delivery Service Delivery Safe Communities Healthy People Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Provide collaborative internal support for County operations. Provide safe and secure communities through coordinated public safety services. Support and advance the health and safety of Deschutes County's residents Measure Q1 Update Q2 Update Q3 Update FY21 Q1 Road CIP progress includes: • Paving of S Century Dr: US 97 to Venture Ln - Construction 100% complete • Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement- Construction 75% complete • Sisemore Bridge Rehabilitation - Construction 75% complete • Highway Warning Systems - Construction contract awarded • 2020 Guardrail Improvements - Construction contract awarded • Tumalo Rcl/Tumalo PI Provide further implementation and Intersection Improvement - development of the Road Capital Construction bids received Improvement Plan. Johnson Rd Curve Warning Signs - Construction bids received • Paving of Fryrear Rd - Preliminary engineering 90% complete • NF Negus Wav/NF 17th St Improvement - Preliminary engineering 60% complete • Rickard Rd: Groff Rd to US 20 Improvement - Preliminary engineering 30% complete • Hunnell Rd: Loco Rd to Tumalo Rd Improvement - Preliminary engineering 20% complete • Transportation System Plan Update - Consultant contract awarded Percentage of county -wide light fleet out of life -cycle. (Long term target is 0%, To be reported in Q2/Q3 annual goal is a downward trend). Maintain current service levels by responding to or initiating 80,000 patrol community contacts. Maintain current service levels and complete 1,100 14-day assessments (a Completed 145 14-day questionnaire concerning the overall Assessments in Q1 health of inmates). FY21 Q2 Road CIP progress includes: • Old Bend Redmond Hwy/Tumalo Rd Intersection Improvement - Construction 100% complete • Sisemore Bridge Rehabilitation - Construction 100% complete • Highway Warning Systems - Construction 100% complete • 2020 Guardrail Improvements - Construction 100% complete • Johnson Rd Curve Warning Signs - Construction 100% complete • Paving of Fryrear Rd - Preliminary engineering 100% complete • Tumalo Rcl/Tumalo PI Intersection Improvement - Construction 25% complete • NE Negus Way/NE 17th St Improvement - Preliminary engineering 90% complete • Rickard Rd: Groff Rd to US 20 ImnrM/ement - Preliminary engineering 90% complete • Paving of Powell Butte Hwy - Preliminary engineering 90% complete • Hunnell Rd: Loco Rd to Tumalo Rd Improvement - Preliminary engineering 30% complete • Transportation System Plan Update - Work in progress To be reported in Q3 Completed 150 14-day Assessments in Q2 FY21 Q3 Road CIP progress includes: • Tumalo Rd/Tumalo PI Intersection Improvement - Construction 90% complete • NE Negus Way/NE 17th St Improvement - Preliminary engineering 100% complete and ready to bid • Rickard Rd: Groff Rd to US 20 Improvement - Project Awarded and construction scheduled for June 2021 • Paving of Powell Butte Hwy - Project awarded with construction eminent. • Paving of Fryrear Road - Construction 90% complete • Hunnell Rd: Loco Rd to Tumalo Rd lmnrnvement - Preliminary engineering 90% complete, continued neighborhood dialogue. • Transportation System Plan Update - Public Kick-off April 27th 25% of light fleet is out of life cycle per the light fleet policy. 16 FY 2021 Performance Measures Department _ Goal Objective Measure Q1 Update Q2 Update Maintain current service levels and Support and advance the health and safety complete 4,400 sick call visits (response to Completed 1,014 sick call visits in Sheriffs Office Healthy People of Deschutes Countys residents an inmate requests to see the doctor or Q1 Completed 1,017 sick call visits in Q2 someone on the nursing staff). Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste Solid Waste Continue to meet or exceed the general Calculations through August 2020 Help to sustain natural resources in balance industry compaction standard of 1,200 show we are exceeding the Healthy People with other community needs. Ib/cy to ensure efficient use of the Knott industry standard of 1,200 Ib/cy Landfill resource. with an annual average over 1,500 I b/cy. Work with solid waste service providers to Help to sustain natural resources in balance increase the diversion rate and collect Healthy People with other community needs. more recyclables than the prior year's 62,118 tons. Service Delivery Service Delivery Service Delivery Service Delivery Ensure quality service through the use of innovative technology and systems. Support and promote Deschutes County Customer Service "Every Time" standards Support and promote Deschutes County Customer Service "Every Time" standards Preserve and enhance capital assets, strengthen fiscal security and ensure sufficient space for operational needs. Develop a performance dashboard providing real-time data for management oversight of solid waste operations to better help make decisions in staffing and other cost controls. Attendant cash transaction error percentage be better than the historical high of 0.13%. Develop and deploy a customer service satisfaction survey. More than 64,000 tons were collected and recycled through Q4 2020 (July 2019 to June 2020). The prior fiscal year revised annual target of 60,676 was exceeded by 5.5%. The first round of reporting is complete with initial volume and financial data. DEQ waste disposal tons, transaction counts and revenue from the scale software provides insight into daily activities and assists in regulatory reporting, staffing and other needs. Continued efforts will enhance the reporting_ capabilities and provide additional data, such as recycling and costs. Disposal activities are seasonal with higher utilization in the summer months. Even with large volumes of transactions, the average number of attendant cash transaction errors was 0.06% for Q1 2021 (July - Sept 2020), well below historical highs. COVID and other factors have had us shift priorities, focusing on projects that minimize contact and ensure safety. Rolling out a satisfaction survey is still slated for completion this fiscal year. Complete construction of the Negus Design is progressing. We are Transfer Station facility improvements to behind schedule due to COVID, accommodate population growth in the but we still hope to solicit for Redmond area, construction this fiscal year. The most recent rate of 1,362 Ib/cy exceeds the general industry compaction standard of 1,200 Ib/cy Mulch grinding of yard debris and wood waste positively impacted the first quarter diversion numbers. Q1 2021 (July - Sept 2020) 23K tons in total recyclables exceeds the YTD target by 13% (based on an annual goal of 62K tons). The initial volume and financial dashboards are actively used by management to track daily traffic volumes as well as daily and monthly disposal tons. The build of additional data sources and enhancements will commence later in the fiscal year once the new Accountant is fully trained and upon completion of delayed projects due to focusing on COVID safety initiatives. The Q2 2021 (Oct - Dec 2020) average attendant cash transaction error rate was 0.05%, an improvement over last quarter and well below the historical high. The development and deployment of a customer service satisfaction survey is slated for later this fiscal year. Design is underway and we are nearing the stage where detailed cost estimates will be available. Q3 Update We are exceeding the general industry compaction standard with the most recent rate of 1,407 Ib/cy, a slight improvement over the prior quarter. Over 42K tons have been diverted through Q2 2021 (July - Dec 2020), exceeding the YTD target by 18%. This is an increase of almost 12K tons in comparison to prior fiscal year-to-date, the majority of which is from yard debris. The newly developed dashboard and reports are being refined as needed to accommodate change requests or provide additional content. The scale software system feeding these reports is undergoing a conversion to a new version/release and database structure which will require significant report repairs once the system is implemented. The attendant cash transaction error rate was better than the historical high with 0.05% for Q3 2021 (Jan - Mar 2021). This is consistent with last quarter and a slight improvement over quarter one. Draft survey questions have been developed and are being incorporated into an online survey tool for deployment next quarter. Cost estimates came in significantly higher than budgeted. The scope of the project has been reduced to minimal improvements needed to provide safe services to the citizens. Current schedule has construction beginning FY22. 17 ��11 E S CMG -� Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of May 5, 2021 DATE: April 28, 2021 FROM: Greg Munn, Finance, 541-388-6559 TITLE OF AGENDA ITEM: American Rescue Plan Funding Preliminary Groundwork Discussion See attached staff report. American Rescue Plan Funding Preliminary Groundwork Discussion with BOCC 05.03.21 Introduction The American Rescue Plan Act (ARP) was signed into law on March 11, 2021. The bill includes $65.1 billion of direct, flexible aid to every county in the United States. The funds will be distributed directly to counties from Treasury in two tranches; the first within 60 days of the enactment and the second payment one year after the first payment. The funds will be distributed based on population. The initial estimate is that Deschutes County will receive $38 million; the first half ($19 million) by May 11, 2021 and the second half after May 11, 2022. The ARP funds must be spent by December 31, 2024. Allowable uses outlined in the bill include (but are not limited to): 1. Responding to or mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts; 2. Providing government services to the extent of the reduction in revenue; 3. Make necessary investments in water, sewer, or broadband infrastructure; and 4. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. The only published restriction of use of funds is that no funds shall be deposited into a pension fund. It is expected that Treasury will issue more detailed guidelines by the time the first tranche of funds is distributed by May 11. In addition to the $65.1 billion distribution, $1.5 billion is available to public lands counties. These funds may be used for any governmental purpose. As of this writing, no further guidance or information has been published but will be shared with the BOCC when available. Discussion Based on the current broad definition of allowable uses of the ARP funds and identified needs in the community, County staff has created a list of potential items that could be funded by these dollars. The list is serving simply as a repository for ideas until further guidance is provided and in preparation for presentation to the BOCC for funding consideration. With receipt of the first tranche of funding and spending eligibility from Treasury expected soon, the purpose of the staff report is to conduct a preliminary discussion with the BOCC to begin to lay the groundwork for the process to allocate ARP funds. Discussion points include, but are not limited to: 1. What are BOCC priorities (broad categories)? 2. How should expenditure options be presented to the BOCC? Should a committee be created to review options within BOCC priorities and make recommendations to the Board? 3. Should the County pursue partnerships with other local governments in region to fund mutually beneficial projects? Request for Proposals? 4. How to provide an administrative backbone to support the allocation of ARP resources? 5. Specific procedural requests? Any learnings from the CARES Act distribution process to apply to ARP? e01 ES CMG o Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of May 5, 2021 DATE: April 29, 2021 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: Harper Bridge Update and Operational Plan for 2021 RECOMMENDATION & ACTION REQUESTED: Staff seeks Board direction regarding operational strategies at Harper Bridge. BACKGROUND AND POLICY IMPLICATIONS: At the conclusion of the summer recreational season in 2020, the Board directed staff to meet with area stakeholders to discuss potential improvements and operational strategies to address safety concerns at Harper Bridge. The Board and staff met collectively with representatives from the Deschutes River Recreational Homesites (DRRH) Special Roaa District #1, and the Sunriver Owners Association. Staff and the Board Chair met individually with the Crosswater Owners Association. The staff presentation (attached) to the stakeholder groups introduced a variety of options and modifications ranging from construction of parking lots and paths to closure of parking at the bridge and a variety of options in between. In summary, all options which resulted in the acquisition of property, easement, or right-of-way from the common areas of the adjacent property owners were not palpable to representatives of the owners associations. The collective preference of the stakeholders for near term operations of recreational access to the river was a continuance of the strategies and improvements that were in place at the end of the 2020 season (Option F in presentation), which in addition to the parking improvements in 2019 consisted of.- 1. Placement of Variable Message Signs warning of congestion and roadside activity. 2. Reduction of the speed limit to 25 mph thru the impact area. 3. Enhanced parking and speed enforcement in cooperation with the Deschutes County Sheriffs Office. 4. Reinstatement of the Bridge Jumping Prohibition Ordinance. In addition to the above, a request was also made to prohibit parking on Lunar Drive and potentially other roads within SRD #1 to address the occurrence of overflow parking that occurs in the DRRH neighborhood. County Legal Counsel will be presenting a renewed Bridge Jumping Ordinance for Board consideration at an upcoming meeting; with Board direction, the Road Department will also prepare a Board Order for consideration to prohibit parking on portions of Lunar Drive and other roads within DRRH. FISCAL IMPLICATIONS: N/a ATTENDANCE: Chris Doty 19 pr� I ?� LM 0 \ � \�( po y \ 0. \ }#( � � » PR �. � 401 rn . . � I 1 iO r ic cn Noun he oLm ®� CL m OEM In a ® kin- ® sm 0 Noun w may,