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2021-367-Minutes for Meeting September 20,2021 Recorded 9/17/2021�yV 1 CMG ?<BOARD OF COMMISSIONERS 1300 NW Wall Street, mend, Oregon (5 41) 88-6570 ;:010 AMI Recorded in Deschutes County CJ2021-367 Steve Dennison, County Clerk Commissioners' Journal 09/17/2021 3:22:04 PM 2021-367 FOR RECORDING STAMP ONLY B 7 C C M E ETM G MINUTES 1 ednesida , Mugumt 2"5,; 2021 BARNES & SAWYER RO(I.IMS VIR PUAL MEETHING, Pi-A;Tf=ORM 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). This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner DeBone acknowledged an email received referring to park designated parcels in Deschutes County. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. CHANG: Move approval of Consent Agenda ADAIR: Second BOCC MEETING AUGU` 1 2'5, 2021 !'AG 1 01, 10 VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature for Order No. 2021-011, the Deschutes County Surplus Property Auction 2. Consideration of Board Signature for Order No. 2021-039, authorizing the Deschutes County Property Manager to execute the documents associated with the sale of County owned property located at 16688 Box Way, La Pine, Oregon 97739 3. Consideration of Board Signature of Resolution No. 2021-059, Transferring Appropriations and Increasing 2.0 Regular Duration FTE in support of the Community Development Department within the 2021-2022 Deschutes County Budget. 4. Consideration of Resolution No. 2021-060, Increasing 3.0 Regular Duration FTE in support of the Solid Waste Department within the 2021-2022 Deschutes County Budget 5. Consideration of Board Signature to Appoint Michael Pennavaria to the Deschutes County Dog Control Board of Supervisors 6. Consideration of Board Signature to Appoint Sandy Storrie to the Deschutes County Dog Control Board of Supervisors 7. Consideration of Board Signature to Appoint Lynn McAward to the Deschutes County Dog Board of Supervisors 8. Consideration of Board Signature to Thank Norma Brenton of the Deschutes County Dog Board of Supervisors 9. Consideration of Board Signature to Thank Keith Winsor of the Deschutes County Public Health Advisory Board 10.Consideration of Board Signature to Reappoint David Huntley to the Deschutes County Public Health Advisory Board 11.Consideration of Board Signature to Reappoint Peter Boehm to the Deschutes County Public Health Advisory Board 12.Consideration of Board Signature to Appoint Danielle MacBain to the Deschutes County Behavioral Health Advisory Board 13.Consideration of Board Signature to Appoint Michael Schults to the Deschutes County Behavioral Health Advisory Board 14.Approval of Minutes of the August 11, 2021 BOCC Meeting 15.Approval of Minutes of the August 16, 2021 BOCC Meeting 130CC MEETING AUGU; ""1 25, 202.1 PAGF 2 OF 10 16.Approval of Minutes of the August 18, 2021 BOCC Meeting ACTION ITEMS: 17.PRESENTATION: Bend/Deschutes County Transportation Safety Briefing Road Department Director Chris Doty and Bend MPO Manager Tyler Deke and Program CoordinatorJovi Anderson (via Zoom conference call), and Matt Kittleson of Kittleson & Associates (via Zoom conference call) reported on the transportation safety plan and presented on Bend/Deschutes Transportation Safety Public Education. Presentation is attached to the record. 18.Public Hearing: Marijuana Retail and Annual Reporting Text Amendments Community Development Department Senior Planner Tanya Saltzman presented the hearing procedures. Hearing no conflicts from the Commissioners and no challenges from the participants, Commissioner DeBone opening the public hearing. Ms. Saltzman presented the staff report. Written testimony has been submitted. Hearing no further testimony, Commissioner DeBone closed the public hearing. The Board discussed options of annual reporting and retail hours. Commissioner Adair would like to hear from the Sheriff's Office. Commissioner DeBone would support dropping the annual reporting and allow OLCC to complete the annual reporting responsibility. Commissioner Chang supports removing the annual reporting for existing businesses that have gone through the process at least once. Commissioner DeBone supports the retail hours in alignment with those of OLCC. The Board offered proposed changes to the text amendments and Ordinance. The Ordinance will not be adopted by emergency. ADAIR: Move to adopt Ordinance No. 2021-011 as modified CHANG: Second BOCC: MEF:-I !IVC:; AUGUS-f 25, 2021 1=AGF s 0l= 10 VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried The written record will remain open for two weeks continued deliberations will be held on Wednesday September 8, 2021. Clarification made that the first reading was held with the motion above. ADAIR: Move first reading of Ordinance No. 2021-011 by title only CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone read the Ordinance into the record by title only. 19.Consideration of Chair Signature of Document No. 2021-631, Oregon Health Authority #17296, Parent Child Interaction Therapy (PCIT) Shannon Brister-Raugust Health Services Program Manager presented the document for consideration by Zoom conference call. CHANG: Move approval of Document No. 2021-631 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 20.Consideration of Board Signature of Resolution NO.2021-061, Authorizing the Cash Redemption to the County's Full Faith and Credit Obligations Related to la Pine Sewer District Chief Financial Officer/Treasurer Greg Munn presented the Resolution for consideration. Senior Management Analyst Sherri Pinner was present via Zoom conference call. ADAIR: Move approval of Resolution No. 2021-061 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone noted the La Pine City Manager and two City Councilors will join him for lunch today in the Allen Room regarding this Resolution and invited the Commissioners to join them for lunch. 21I.American Rescue Plan Update - Supportive Housing Chief Financial Officer/Treasurer Greg Munn introduced the item. A presentation was made regarding the proposed 36 unit apartment complex, Cleveland Commons by David Brandt, Housing Works and Colleen Thomas, Health Services. Scott Cooper of Neighborlmpact was present via Zoom conference call. The requested funds for the project totaled $4.2 million. The Board supported $2 million for the project. CHANG: Move approval of $2 million allocation of ARPA funds for the Cleveland Commons project ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried Mr. Munn and Mr. Emerson presented an updated list of eligible requests for ARPA funding. ADAIR: Move allocation of $20,000 ARPA funds for Shield Free Counseling to Veterans CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ADAIR: Move allocation of $500,000 of ARPA funds to the Giving Plate CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Further considerations on ARPA requests will be presented at future BOCC meetings. Discussion held on possible winter warming shelter locations. Commissioner DeBone would like a discussion on transient room tax. Mr. Anderson stated there is a meeting scheduled regarding the possible expansion of a sustainability project and will report back to the Commissioners. Next Wednesday a presentation will be made from the Mt. Bachelor biomass project. Commissioner Chang also spoke on a proposal from the Arts Council that he would be supportive of. Commissioner Chang presented a new concept regarding COVID response and recovery. He has recently heard of a national level policy discussion that employers can play in increasing vaccination rates. He noted a few weeks ago he offered the concept of employee vaccination and is today presenting an idea on the County level to use our health trust fund for an incentive program for employees to get the COVID vaccine. He stated as an employer, the County should spend money to encourage employees to get vaccinated similar to the Personal Health Assessment program that the County offers employees. This would be an incentive based approach rather than a mandate. Commissioner Adair explained that the vaccine should be a personal choice. She encouraged people to use a KN95 mask. Commissioner Chang noted he is not asking for a mandate but rather an incentive OCC: I\ill:!" ING At.1C usr 25, 2021 PAC F: 6 C>F 10 program. Commissioner DeBone explained he is not interested in putting that incentive program in place. Commissioner Adair commented on the tremendous issues in our country. Commissioner Chang stated the best way to avoid a disruption in public service is to get public employees vaccinated. Commissioner Chang requested the Human Resources department run numbers on the cost of employees being out of work or home sick from work and cost of hospitalization if an employee gets COVID based on the risk of our employees not being vaccinated. Mr. Anderson stated the county's time management leave is combined for either vacation or sick time so would be the same cost. Commissioner Chang feels the costs associated with a missed week of work should be available (should an employee be out due to COVID). Commissioner DeBone welcomed La Pine City Councilors Courtney Ignazzito, Cathi Van Damme, and City Manager Geoff Wullschlager. RECESS: At the time of 11:52 a.m. the Board went into recess and reconvened the meeting at 1:00 p.m. Commissioner Chang commented on emails received during the recess based on the prior discussion regarding his comment of COVID vaccines and clarified he did not propose a mandate of vaccinations but rather a voluntary incentive to encourage vaccination. Commissioner DeBone also commented on the information now flowing through social media regarding Commissioner Chang's comments. 22.Consideration of Proposed Contribution to Brothers Hampton Rangeland Fire Protection District and Authorization of County Administrator Signature of Document No. 2021-691 Memorandum of Understanding Emergency Manager Nathan Garibay presented via Zoom conference call explaining the services provided through this proposed contribution and memorandum of understanding. B 0 C C (\%C F 'iNIG ;l.:r UST 25a 20 II P70GL 7 0F 10 CHANG: Move approval of Document No. 2021-691 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 23.Progress Update for Senate Bill 762 (Wildfire Hazard Mitigation) Community Development Department Planner Kyle Collins presented the update on Senate Bill 762. County Forester Ed Keith was present via Zoom conference call. Presentation is attached to the record. The current updates concern a proposed definition for the Wildland Urban Interface. Mr. Keith pointed out the rule making process through the Oregon State Fire Marshal and Board of Forestry. Commissioner Chang commented on ignition sources of fire. Mr. Keith presented data regarding fire caused data for the past 10 years. Each agency has different methods of collecting fire data. Commissioner Chang commented on the concerns of fireworks and feels if there is further danger showing fireworks as a significant source of fire then nothing that the County did regarding fireworks bans and restrictions would have any effect but the restrictions made by the City of Bend should cover concerns. Commissioner DeBone suggested sharing this data with the Bend City Council. Commissioner Chang supported that conversation. Mr. Keith commented on agency bans on fireworks and noted the common causes in the county are included in the Deschutes County annual unprotected lands Resolution. 24.Terrebonne Wastewater Feasibility Study Update Road Department Director Chris Doty presented the purpose and background of the study. The report is attached to the record. Guy Vernon, Rustic Ranch LLC was present and Ryan Rudnick and Jim Frost, Parametrix, Inc., and Community Development Department Environmental Soils BBC C IV!F NG AU A.,,.F 25, 2021 PAGE 8 OF 10 Supervisor Todd Cleveland were present via Zoom conference call. A Terrebonne Sewer Advisory Group was formed in 2020. Mr. Doty reviewed the formation steps of a sanitary district. Mr. Vernon has been a member of the advisory group and reported on the potential for the system in Terrebonne. Todd Cleveland reported on the site conditions of several systems in Terrebonne. Commissioner DeBone acknowledge the report presented today and that the community will have the opportunity to watch the meeting video and be engaged. RECESS: At the time of 3:06 p.m. the Board went into recess and the meeting was reconvened at 3:15 p.m. OTHER ITEMS: • Commissioner DeBone spoke on proposed letters asking for partnership for the Stabilization Center and recommended revisions. Communications Director Whitney Hale will revise the letters and present them to the Board for signatures. • County Administrator Anderson and Commissioner DeBone reviewed a draft agenda for the virtual joint meeting with the City of Bend that is scheduled for Thursday September 2 at 1:00 p.m. • Commissioner DeBone asked to revisit the comment made by Commissioner Chang regarding incentives on vaccinations. Commissioner Adair feels vaccinations are a personal choice. Commissioner DeBone would like to encourage people to wear masks and consider vaccinations. Commissioner Chang stated he only suggested vaccination incentives not a mandate and should not take away from freedoms or choices. EXECUTIVE SESSION: At the time of 3:29 p.m. the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Session at 3:37 p.m. At the time of 3:37 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Session at 3:49 p.m. to direct staff to proceed as discussed. Being no further items to come before the Board, the meeting was adjourned at 3:49 p.m. DATED this Day of 021 for the Deschutes County Board of Commissioners. ATTEST;' RE C 0IRDIS E CR[r T/ BOCt: NA1 1 I"ING AUCAJIST 75, 2021 PAGE 10 0h 10 • BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, AUGUST 25, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.or ' ? - '� 2 � ; �7✓ - lir'" . r �, rs w''x.. ,e: ,�,. Y101 ;; O`. ..�; ..� ✓. .: i �, ". < - ?'� � � .� " s?!,iR aJ.7i `, „�. �, !. 1. :'v,. e .,e ,. � � � Y � � MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 (later enacted as part of HB 4212) directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Since May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners have been conducted primarily in a virtual format. Attendance/Participation options include: A) In Person Attendance and B) 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 by 8:00 a.m. 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 providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https•//www.deschutes.org/bcc/page/public- hearing-notices. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: For items not on this Agenda Note: In addition to the option of providing in -person comments at the meeting, 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 8:00 a.m. on the day of the meeting. CONSENT AGENDA Consideration of Board Signature for Order No. 2021-011, the Deschutes County Surplus Property Auction 2. Consideration of Board Signature for Order No. 2021-039, authorizing the Deschutes County Property Manager to execute the documents associated with the sale of County - owned property located at 16688 Box Way, La Pine, Oregon 97739 3. Consideration of Board Signature of Resolution No. 2021-059 Transferring Appropriations and Increasing 2.0 Regular Duration FTE in support of the Community Development Department within the 2021-2022 Deschutes County Budget. 4. Consideration of Resolution No. 2021-060 Increasing 3.0 Regular Duration FTE in support of the Solid Waste Department within the 2021-2022 Deschutes County Budget. 5. Consideration of Board Signature to Appoint Michael Pennavaria to the Deschutes County Dog Control Board of Supervisors 6. Consideration of Board Signature to Appoint Sandy Storrie to the Deschutes County Dog Control Board of Supervisors 7. Consideration of Board Signature to Appoint Lynn McAward to the Deschutes County Dog Control Board of Supervisors 8. Consideration of Board Signature to Thank Norma Brenton of the Deschutes County Dog Board Control of Supervisors 9. Consideration of Board Signature to Thank Keith Winsor of the Deschutes County Public Health Advisory Board 10. Consideration of Board Signature to Reappoint David Huntley to the Deschutes County Public Health Advisory Board 11. Consideration of Board Signature to Reappoint Peter Boehm to the Deschutes County Public Health Advisory Board August 25, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 4 12. Consideration of Board Signature to Appoint Danielle MacBain to the Deschutes County Behavioral Health Advisory Board 13. Consideration of Board Signature to Appoint Michael Shults to the Deschutes County Behavioral Health Advisory Board 14. Approval of Minutes of the August 11, 2021 BOCC Meeting 15. Approval of Minutes of the August 16, 2021 BOCC Meeting 16. Approval of Minutes of the August 18, 2021 BOCC Meeting ACTION ITEMS 17. 9:05 AM PRESENTATION: Bend/Deschutes County Transportation Safety Briefing 18. 9:30 AM Public Hearing: Marijuana Retail and Annual Reporting Text Amendments 19. 10:15 AM Consideration of Chair Signature of Document No. 2021-631, Oregon Health Authority (OHA) #171296, Parent Child Interaction Therapy (PCIT) 20. 10:30 AM Consideration of Board Signature of Resolution No. 2021-061, Authorizing the Cash Redemption of the County's Full Faith and Credit Obligations Related to La Pine Sewer District 21. 10:45 AM American Rescue Plan Update - Supportive Housing LUNCH RECESS 22. 1:OOPM Consideration of Proposed Contribution to Brothers Hampton Rangeland Fire Protection District and Authorization of County Administrator Signature of Document No. 2021-691, Memorandum of Understanding 23. 1:15 PM Progress Update for Senate Bill 762 (Wildfire Hazard Mitigation) 24. 2:00 PM Terrebonne Wastewater Feasibility Study Update 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. August 25, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 4 Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 25. Executive Session under ORS 192.660 (2) (h) Litigation ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. August 25, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 4 of 4 PAGE 1 OF 2 - ORDER NO. 94-138 (11/2/94) _ _.� ._.�- .- .vv • _. _............III: NOV 1619 BOARD t OF COMMISSIONERS MEETING DATE: August 25, 2021 SUBJECT: Bend/Deschutes County Transportation Safety Briefing RECOMMENDED MOTION: No Motion, request comments and consensus for support of continued transportation safety efforts. BACKGROUND AND POLICY IMPLICATIONS: In 2020, the Oregon Department of Transportation (ODOT) Safety Division awarded the Bend Metropolitan Planning Organization (MPO) a grant to complete the following tasks: ✓ Create a plan to implement a Regional Multidisciplinary Safety Committee ✓ Create and implement Safety Communications Plans for Bend and Deschutes County ✓ Develop a Safety Communications Calendar ✓ Host a community campaign and event on transportation safety With the development of these tools, the Bend MPO, in coordination with Deschutes County, cities of Bend and Redmond, and other community partners, will continue the momentum by organizing a Safe Travel Summit. This will be a virtual safety event for community leaders and include billboards announcing a community survey in September 2021. Bend MPO and staff will provide an overview of the transportation safety action plans completed and review crash emphasis areas identified in the plans. These emphasis areas drive the outreach efforts. In 2020, with vehicle travel down significantly due to COVID, serious crashes increased steeply. There were 31 traffic fatalities in Deschutes County — the most in over 5 years. What's happening and what can be done about it? City of Bend, Deschutes County, ODOT and the MPO plan to kick off a community conversation on this pressing topic in September. There will be an online survey and a first -ever Safe Travel Summit to be held on Thursday, September 30. Elected officials from around Central Oregon and other community leaders are invited to participate in this important virtual event. BUDGET IMPACTS: None ATTENDANCE: Chris Doty, Deschutes County Road Department Tyler Deke, Bend MPO Jovi Anderson, Bend MPO Clark Worth, Barney and Worth Consultants O. cD rrt CD (A 0 0 C O iiI CA O Sm O O k CD =4 f-71- fl+ OR C- e-+ m Ull cr CL Go -_h :3 ^^ �..L Ln O r.+ O 2N rn O "i rD a) V) n O 3 3 i..L Ln r"F O r' • PM _0 r+ l J O 3 3 L• Un O r"F i D O r+ LA cu P✓'F N n -v p > vo O r�'F' �D O O � r-t go r-F om r+ N V cu �1 VM• Q 3 N >N lw N 3 O N 0 CDCa- �- e-+ O N -t, CD r+ ry ISS 1 WEI pm, co CD _, v CD a CD (A C) O _ 3 su 7 N .a Mk O rt O N M CD Eii W r' I 0 N� r+ 0. 0 • n � r rD O � Q � CD 903 0 (D r+ a) Ln e-+ Q N O O Q O O 0 CD 06 'v CD Nw \i CD N n O C S1 dl O O O O sy CD W {ya n V) Di I� D l J 1 77 rD V e"F "S r•� V) r+ I '040 F- 0 0 rD l J O f"F O 0) Q 0 rD 0 r"F 03 rD D W l J O 3 3 r" h O Ln ry :a r e p 3r �5 a t w CD CL CD th 0 =r c f-P CD O O O O O O O O CD rA 0 70 ;X� (D -< r+ CL r,j (D (.0 Q. =3 0 3 rD 0- C: L n =3 • aq e-+ zT m ET r+ cu cy- rD Ln 0- w e-+ O rD rD 0L 0 :3 —S rD _0 0 rD cu 0 3 rQ 0 C) m cu -.-h 0 LA 0 cu Ln rD rD rD LA =r rD LA CL r) =r C: e-+ 0 c :3 0 3 C+ m CL V) _0 0 e-+ O r+ r) r+ 0 Ln Ln =3 IIQ 0 Do I rmm �E 1-1 10 r+ r+ m r• L w • n ME �W 1, lz 0 W CL tiit CD gL 3� f -) CD • > f i M 7Iy� �y !D CL v CD c CD N ci O O N O rF O VN O 2N ,. D 0 rD n 0 f� K 11 f. II . . Ln CL r'F r+ 0 �1 FD 0 Ln m 0 3 T0- 1 V W 0 i fe.y w 3 3 P'f w� ,�M lll Ej "m I" `vm El 2i W, t-- 0 r-t D CL (D -i O D Q77 r- T z � CF (DrD r1 C CL L O O --% =3 > .. O ( `✓ • gp, rD t 5 < O ram' O O m 3 < V • V • V • V O � Ph W Imo► � � N m W N l0 l0 fV N W W N O N N %lI N I-� O 01 N W Ln O1FS C'COMMBOARD OF NN i MEETING DATE: 8/25/2021 SUBJECT: Public Hearing: Marijuana Retail and Annual Reporting Text Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will hold a public hearing on August 25 concerning legislative amendments to 1) extend the permitted hours for marijuana retail businesses and 2) modify marijuana annual reporting requirements. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: August 19, 2021 SUBJECT: Public Hearing: Marijuana Retail Hours and Annual Reporting Text Amendments The Board of County Commissioners (Board) will conduct a public hearing on August 25 concerning Ordinance No. 2021-011, legislative amendments to 1) extend the permitted hours for marijuana retail businesses and 2) modify marijuana annual reporting requirements. Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on June 9, 2021. Staff initially brought these issues to the Planning Commission for a preliminary discussion on May 13,' and had a subsequent discussion with the Board of County Commissioners on May 24,2 at which time the Board directed staff to initiate the text amendment process. Staff held a public hearing before the Planning Commission on July 22, 2021, at which time the Planning Commission recommended approval with minor clarifications that are noted below. A summary of the proposed amendments and background information was provided to the Board in the packet submitted for its August 18, 2021 work session.3 1. PROPOSAL The proposed text amendments are as follows: • DCC 18.116.330(C)(1): Changes hours of operation for marijuana retailing from 9:00 a.m. - 7:00 p.m. to 7:00 a.m. - 10:00 p.m., in line with OLCC hours. ' https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2770 2 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2701 ' https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-40 • DCC 18.116.330(D)(1): Adds text to state "if directed by the Board of County Commissioners, an annual report shall be submitted to the Community Development Department..." (new text indicated in bold type). The applicant, in this case Deschutes County Community Development, has submitted findings summarizing the amendments and stating that the text amendments are in compliance with the Statewide Planning Goals, and applicable policies of the Deschutes County Comprehensive Plan. II. PUBLIC COMMENTS At the time of writing, no additional public comments have been received concerning the proposed amendments beyond those received during the Planning Commission public hearing process, which were summarized to the Board on August 18. III. NEXT STEPS The Board will open the August 25 public hearing to receive public testimony. At the conclusion of the public hearing, the Board can: • Continue the hearing to a date certain; • Close the oral record and leave the written record open to a date certain; • Close the oral record and the written record and set a date for deliberations; or • Close the hearing and begin deliberations. Attachments: 1. Draft Ordinance No. 2021-011 - Emergency 2. Draft Ordinance No. 2021-011 - Non -Emergency 3. Corresponding Exhibits to Ordinance No. 2021-011: Exhibit A - DCC Chapter 18.116, Supplementary Provisions Exhibit B - Findings Page 2 of 2 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, to Extend Recreational Marijuana Retail Hours of Operation ORDINANCE NO. 2021-011 and Modify Marijuana Annual Reporting Requirements. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-21-000579-TA) to the Deschutes County Code (DCC) Title 18, Chapter 18.116, Supplementary Provisions; to extend the permitted hours of operation of marijuana retail businesses and to modify marijuana annual reporting requirements; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 22, 2021 and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous recommendation of approval pending minor clarifications to the proposed language; and WHEREAS, the Board considered this matter after a duly noticed public hearing on August 25, 2021 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s ..�.�. PAGE 1 OF 2 - ORDINANCE NO. 2021-011 Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by reference herein. Dated this of , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of 1st Reading: Date of 2" d Reading: Commissioner Anthony DeBone Philip Chang Patti Adair Effective date: ANTHONY DEBONE, Chair PHILIP CHANG, Vice Chair PATTI ADAIR day of , 2021. day of 12021. Record of Adoption Vote: Yes No Abstained Excused day of 12021. PAGE 2 OF 2 - ORDINANCE NO. 2021-011 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning, to Extend Recreational Marijuana Retail Hours of Operation * ORDINANCE NO. 202 1 -011 and Modify Marijuana Annual Reporting Requirements and Declaring an Emergency. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-21-000579-TA) to the Deschutes County Code (DCC) Title 18, Chapter 18.116, Supplementary Provisions; to extend the pennitted hours of operation of marijuana retail businesses and to modify marijuana annual reporting requirements; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 22, 2021 and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous recommendation of approval pending minor clarifications to the proposed language; and WHEREAS, the Board considered this matter after a duly noticed public hearing on August 25, 2021 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s4fi ethfough. Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO. 2021-011 Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health, safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective thirty (30) days after adoption. Dated this of 12021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PHILIP CHANG, Vice Chair ATTEST: Recording Secretary PATTI ADAIR Date of I" Reading: day of 12021. Date of 2"" Reading: day of 12021. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone Philip Chang Patti Adair Effective date: day of , 2021. PAGE 2 OF 2 - ORDINANCE NO. 2021-011 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330 Marijuana Production, Processing, Retailing, and Wholesaling C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria: 1. Hours. Hours of operation shall be no earlier than 97:00 a.m. and no later than -710:00 p.m. on the same day. 2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity. 3. Window Service. The use shall not have a walk-up or drive-thru window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant. 5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law. 6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co -located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed family child care which occurs at or in residential structures; iv. National monuments and state parks; and v. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary registered with the OHA. b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the affected property to the closest point of the building space occupied by the marijuana retailer. For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer. c. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(B)(7). D. Annual Reporting 1. (1 EM cctcd by the Board of C:'ougty C�oi7imrssiorier s,_ari_annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: Chapter 18.116 -1- (8/2021) EXHIBIT A to ORDINANCE NO. 2021-011 i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116. 330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). (Qrd. 2021--01 1 ,�.1, 21021, Ord. 2021-007 §x, 2021; Ord. 2020-007 §16, 2020; Ord. 2019-012, 2019; Ord. 2018-012 §3, 2018; Ord. 2016-015 §10, 2016) Chapter 18.116 -2- (8/2021) EXHIBIT A to ORDINANCE NO. 2021-011 FINDINGS I. PROPOSAL This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The changes are as follows: • DCC 18.116.330(C)(1): Changes hours of operation for marijuana retailing from 9:00 a.m. — 7:00 p.m. to 7:00 a.m. —10:00 p.m., in line with OLCC hours. DCC 18.116.330(D)(1): Adds text to state "If directed by the Board of County Commissioners, an annual report shall be submitted to the Community Development Department..." (new text indicated in bold type). II. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. A. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public hearing. Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day notice was initiated on June 9, 2021. The Planning Commission held a public hearing on July 22, 2021 and the Board of County Commissioners will hold a public hearing on August 25, 2021. The Findings document provides the adequate factual basis for the amendments. Goal 3: Agricultural Lands: The proposed amendments do not make changes regarding marijuana's status as a farm crop, or the appropriate location of commercial grow sites and processing operations, and therefore continue to support Statewide Goal 3, to preserve and maintain agricultural lands. The proposed amendments to the County Code are consistent with these provisions of state law and are therefore consistent with Goal 3. Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or implementing regulations for compliance with Goal 4, and therefore are in compliance. Goal 5: Open Spaces Scenic and Historic Areas, and Natural Resources: Complies because the text amendment does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic and historic areas, and natural resources. Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to change the County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. Page 1 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-011 Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in compliance. Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan or implementing regulations regarding recreational needs. Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands but do not propose to amend the Comprehensive Plan. Nevertheless, there are currently two retail marijuana businesses in unincorporated Deschutes County. DCC 18.116.330(C)(1) permits hours of operation from 9am to 7pm for marijuana retail; however, the OLCC permits hours of operation from 7am to 10pm. Increasing the allowable hours has the potential to increase those retail businesses' economic opportunities with respect to sales as well as employment. Changing the reporting requirements will not have a direct effect on the economy of the state. Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding public facilities and services. Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or implementing regulations regarding the Transportation System Plan; therefore, they are in compliance. Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding energy conservation. Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or implementing regulations regarding urbanization. Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain these types of lands. D. Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the community and conduct land use planning. As described above, the proposed regulations will be discussed at work sessions with the Board of County Commissioners, as well as to the Planning Commission, which is the County's official committee for public involvement. Both will conduct separate public hearings. These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this section is to "maintain an open and public land use process in which decisions are based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments. Chapter 2, Resource Management: This chapter sets the Goals and Policies of how the County will protect resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental Quality. Page 2 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-011 Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and the agricultural industry." Changing annual reporting requirements for existing marijuana production and processing businesses will not have a direct effect on the agricultural lands they may operate on. Retail businesses are not permitted on agricultural lands. Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming enterprises including but not limited to, niche markets and organic farming and valued -added projects. The proposed text amendments do not change existing marijuana businesses' ability to operate as a revenue generating agricultural businesses. Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and emerging agricultural conditions and markets. As noted above, the proposed amendments only impact reporting aspects of marijuana recreational production and processing businesses. Page 3 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-011 v1 ES C 0 BOARD OF l MEETING DATE: August 25, 2021 SUBJECT: American Rescue Plan Funding Update RECOMMENDED MOTION: A to -be -determined motion will be required if they Board choses to fund additional projects from ARPA funds. BACKGROUND AND POLICY IMPLICATIONS: This is a recurring agenda item to provide the Board of County Commissioners updates on the status of ARPA funds and the opportunity to review eligible project requests for funding consideration. Discussion items for today's update: 1. Cleveland Commons project funding proposal. This is a follow up to the project presentation on 08.04.21. 2. Review ARPA funding requests. BUDGET IMPACTS: None. Budget appropriations for the entire $38 million ARPA funding award are included in the FY 2021-22 Adopted Budget. ATTENDANCE: Greg Munn, County Treasurer and Chief Financial Officer Dan Emerson, Budget Manager Colleen Thomas, Health Services David Brandt, Executive Director, Housing Works Scott Cooper, Executive Director, Neighborlmpact Cab "L3 C 4 CL ,., a Qj O CY1 c 1 0a Q) 0 0- a a N r u h, v' C O Q)QJ ILU— �Y Q `� rt tA cu (n 0 w e 0 Q) (, o 0 a a, u _ u ns 00 00 w m 0) 2 :j "0. aw cm c , cu _0 w g in v o Al 0 C u "1 0 C, \ \ L 0 \ (ƒ) \ / \ O 00 00 00 00 It 00 tri m 00 Deschutes County ARPA Commitments Revised 08.18.21 MANAGED CAMP - CITY OF BEND 0 < ZD LITTLE KIfS EARLY LEARNING & CHILD CARE CENTER - PHASE I 0 1 0 FUNDING PLACEHOLDER 0 U 0 BETHLEHEM INN REDMOND U < BEND HEROES VETS VILLAGE CONSTRUCTION SUPPORT UV SANITIZER FOR JAIL TEMPORARY STAFFING FOR COVID-19 RESPONSE AND PUBLIC HEALTH RESPONSE CONTINGENCY ISOLATION MOTEL LIABILITY INSURANCE HEALTH UNINTENDED CONSEQUENCES COVID TESTING - DR. 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C o ° v c ° Eo ti c o ° r u a : c ;ar5 ° o ° adi 6 v: s c CL �- �i o c 'U C a 53; Q CAGl y:; m m w in ('. �-I to lD rn M 'cP � Ln to l0 w CI' W d' Ql V O Lfl .--i to N M Vl to d' In to to LD In n In 00 In Dl O to tD �-i N tD w c-I IH 1--I �-1 a-1 i-I c•1 c-I c-I ci c-1 c-I c-I �-i s-1 �-I ri ci c-1 a-1 00 v tm v C a N 43) x u Ln to ;: Ln o LO iO co n Y w O m en i i d t Q v q0 C_ Q V r U ti Q^ Y Y a a L a� 0 v � N U N �L 00 � O E'd 07 Q �9 i C 3 O -� U ba c (A 'c G1 c ++ m a 1° 4 H � c G1 o i m d c-I i-7 BOARD OF COMMISSIONERS MEETING DATE: August 25, 2021 SUBJECT: Staff Report - Progress Update for Senate Bill 762 (Wildfire Hazard Mitigation) BACKGROUND AND POLICY IMPLICATIONS: During the 2021 state legislative session, a number of bills were introduced related to wildfire mitigation. On June 26, 2021, the Oregon Legislature passed Senate Bill (SB) 762, which has significant impacts on wildfire mitigation efforts across all jurisdictions in Oregon including Deschutes County. SB 762 contains numerous provisions that must occur at the state level before local governments can undertake additional actions. Staff is updating the Board of County Commissioners (Board) regarding progress on state -level actions regarding SB 762 and opportunities for local involvement. Staff last updated the Board concerning SB 762 during a work session on July 14, 2021. The current updates concern a proposed definition for the 'Wildland Urban Interface (WUI)" which has been put forward by a rulemaking advisory committee established by the Oregon Board of Forestry. The final WUI definition will be utilized during the state wildfire risk map process required under SB 762. BUDGET IMPACTS: None ATTENDANCE: Kyle Collins, Associate Planner Ed Keith, County Forester STAFF REPORT TO: Board of County Commissioners FROM: Peter Gutowsky, AICP, Planning Manager Kyle Collins, Associate Planner Ed Keith, Deschutes County Forester DATE: August 18, 2021 RE: Progress Update for Senate Bill 762 - Wildfire Hazard Mitigation During the 2021 state legislative session, a number of bills were introduced related to wildfire mitigation. On June 26, 2021, the Oregon Legislature passed Senate Bill (SB) 762, which has significant impacts on wildfire mitigation efforts across all jurisdictions in Oregon including Deschutes County. SB 762 contains numerous provisions that must occur at the state level before local governments can undertake additional actions. Staff is updating the Board of County Commissioners (Board) regarding progress on state -level actions regarding SB 762 and opportunities for local involvement. Staff last updated the Board concerning SB 762 during a work session on July 14, 2021. As relayed to the Board during the July 14 work session, state agencies including the Oregon Department of Forestry (ODF), are required to complete two major objectives over the coming months: 1. Develop administrative rules pertaining to a statewide map displaying wildfire risk 2. Establish a definition of "Wildland-Urban Interface (WUI)" and determine the criteria to identify and classify WUI areas in Oregon The Oregon Board of Forestry (BOF) has appointed two advisory committees (RACs) that will help guide the rule making and mapping processes. Those committees are composed of members from the following jurisdictions and organizations: '1/V �� .�, i_ix� f�� c�iu� rid, �� c�>;�! %703 (',C Pox C O I;etId' 0> 91 /O(; )OC organization RAC Member / (Alternate) 1000 Friends of Oregon Mary Kyle McCurdy Associated Oregon Loggers Amanda Astor / (Rex Storm) Association of Oregon Counties Lauren Smith Association of Oregon County Planning Directors Holly Kerns Cow Creek Band of Umpqua Tribe of Indians Jason Robison Department of Land Use & Conservation Jon Jinings / (Sadie Carney) Hood River County Planning Commission Leti Moretti Jackson County Fire Robert Horton League of Oregon Cities Jim McCauley Office of the State Fire Marshal Travis Medema / (Chad Hawkins) Oregon Farm Bureau Mary Anne Cooper Oregon Fire Chiefs Association Nicole Hazelbaker Oregon Fire Marshall's Association Shawn Olson Oregon Forest Industries Council Kyle Williams Oregon Home Builders Mark Long Oregon Property Owner's Association Dave Hunnicut / (Samantha Bayer) Oregon Small Woodlands Association Roger Beyer Oregon State University - Extension Chris Dunn Sisters Fire Roger Johnson Special Districts Association Michele Bradley / (Jason Jantzi) Sustainable Northwest Dylan Kruse The Nature Conservancy Amelia Porterfield Tualatin Valley Fire Les Hallman Western Environmental Law Center Pam Hardy The two RACs contain the same committee members, with the risk mapping committee containing one additional member from Oregon State University Extension Service, Megan Crutzburg. Wildland Urban Interface Definition The BOF must define "Wildland Urban Interface" in 100 days of SB 762 being signed bythe Governor. The final definition will ultimately be utilized in conjunction with wildfire hazard information during the statewide risk mapping process to establish at -risk WUls that will require mitigation actions. The Governor signed SB 762 on July 30, 2021, giving the BOF until November 7, 2021 to establish a final WUI definition. The WUI RAC first convened on July 27 and met weekly on Tuesdays. The committee members established a final WUI proposal on August 17, 2021 along with an accompanying report. The proposed definition will be recommended to the Board of Forestry by Department of Forestry staff at a special meeting on August 24, 2021. The proposed definition chosen by the RAC directly mirrors the International Code Council's (ICC) established WUI definition. The WUI definition listed by the ICC states: Page 2 of 4 "That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels." Staff notes that the definition above was not established through broad consensus by RAC members, but rather through majority and minority opinions. Sixteen (16) RAC members were supportive of the proposed definition, two (2) members were supportive, but wanted to see some modifications, and five (5) members were not supportive. The RAC members will reconvene on September 7, 2021 to discuss a variety of forthcoming topics, including defining key terms in the draft WUI definition. All RAC members acknowledged that during future rule making sessions several clarifying definitions would be addressed, including, but not limited to the following: • "Structures" • "Human development" • "Intermingles" Pursuant to Oregon Revised Statutes (ORS) Chapter 183 and Oregon Administrative Rules (OAR) 137-001-0018, ODF asked the RAC to consider the fiscal impact of its proposed definition including whether the definition will have a significant adverse fiscal impact. If any proposed administrative rules will have a fiscal impact, ODF asked what the extent of that impact will be, and, whether the rules will have a significant adverse fiscal impact on small businesses likely to be affected by the rules, and if so, how ODF can mitigate the cost of compliance. During the August 17 meeting, the RAC members agreed that the current definitional proposal will not create any adverse impact in and of itself. The members agreed that a secondary fiscal impact analysis will be required during future discussions as it becomes apparent how the WUI definition and risk mapping process will affect specific properties across the state. Moving forward, ON will host a series of public hearings regarding the proposed WUI definition on the following dates: 1. September 22, 2021 - 2:00 PM 2. September 23, 2021 - 7:00 PM 3. September 24, 2021 - 9:00 AM All three public hearings will be conducted virtually via Zoom. The public hearings are intended to allow feedback from any interested citizens or groups who wish to discuss the proposed WUI definition established by the RAC. If the Board wishes to provide comments on the proposed WUI definition, the most opportune time to provide those comments is during one of these public hearing dates. Comments can also be provided at any time to ON through a specific email set up to capture input during the rule making process: sb762.rulemaking@oregon.gov Statewide Wildfire Risk Mapping A second RAC developing rules for the statewide risk map began meeting on August 5, 2021 and will meet every other week. Draft risk map rules will be presented to the BOF in March 2022 and then go through a public hearings process before final adoption in June 2022. The draft rules concerning the statewide risk map will be finalized in February 2022 and the subsequent public Page 3 of 4 hearings process will be conducted in April 2022. The Board should be aware that findings and reports from the WUI definition process will ultimately be included during the mapping process as specific geographic WUI areas will need to be identified in the statewide risk maps. Oregon Department of Forestry Rulemaking Timeline The following is a timeline of major dates associated with the administrative rulemaking process for the WUI definition and state wildfire risk maps: Oregon Department of Forestry Wildfire Rulemaking gff tr-6 = W AI &4iffllior:, - - .. ., txiue aw ffH" nik n 'pfki g iSr 2"t'aty Fl-t RAL ',A',A hg EL r�Th"Iav�4�.FUof� 31EA^il' S .... . val (V�fAtJf ii Y�' FL�FUAi L>(�in . Indi '� 0 kd'F$ 81—dof ., .. RAI` 5av re'e. yg6 F, -z3rg V. m <�tirgs �txt f€ir-� .. at. taru+n.I ,REV !o i(M1 is dL�� ('uW RAC lalinik »il47rcrr'ot f Lt;:'1"t!a". �.^ti, lCtiitYt'i5i?{I d;E`.1C 11 ht.a?'II�:S v� th Nu f As referenced above, the County has the opportunity to provide comments or suggestions to any administrative rules from these rulemaking committees. Staff can coordinate with the Board in the coming weeks to provide specific comments if desired. As directed previously, staff will continue to provide updates on SB 762 as additional information becomes available and future public hearing dates are formally established. Attachments: Document Item No. Board of Forestry Staff Report 1 Notice of Proposed Rulemaking Filing 2 ODF SB 762 Rulemaking Advisory Committee Charter 3 Page 4 of 4 STAFF REPORT Agenda Item No.: 1 Work Plan: Fire Protection Topic: Evolving Topic: Governor's Council on Wildfire Response Presentation Title: SB 762: Wildland — Urban Interface Definition Date of Presentation: August 24, 2021 Contact Information: Tim Holschbach, Deputy Chief — Policy & Planning 503-945-7434, Tim.J.Holschbach(aWregon.gov or Doug Grafe, Chief— Fire Protection 503-945-7351, Doug. rafeL&Qrecon.goy SUMMARY The purpose of this agenda item is to seek approval from the Board of Forestry (Board) to hold public hearings in regards to establishment of a definition of "Wildland-Urban Interface" in Oregon Administrative Rule 629-044. BACKGROUND Following the 2013-2015 fire seasons, two parallel review processes were initiated, the Secretary of State Audit and the Fire Program Review. Both of these efforts are aligned to help continue a highly functioning wildfire protection system for Oregon into the future. The Department has fully embraced the findings and recommendations from both final reports. The 2017-2108 fire seasons experience reinforced the need for the agency to continue efforts on these recommendations. Additionally, the Governor issued Executive Order 19-01 creating the Governor's Council on Wildfire Response. The Secretary of State Performance Audit offered a third -party review of the Department's ability to sustain its multiple missions, as increased demand to support the fire protection effort has been required from the entire agency; The Fire Protection Response Committee was coordinated with all agency partners through a transparent process including legislators, governor's office, forest landowners, and cooperators to reach for continuous improvement in Oregon's complete and coordinated fire protection system; The Governor's Council on Wildfire Response offered 37 recommendations to improve Oregon's wildfire protection system. Many of the recommendations required legislative action to be carried out. Senate Bill 762 captured many of the recommendations of the Governor's Council on Wildfire Response, providing legislative direction to the Board of Forestry regarding the wildland-urban interface; statewide fire risk mapping, prescribed fire; directed the Department to review and clarify the enforcement of rules pertaining to forestland; and baseline standards for unprotected and under -protected lands in Oregon. CONTEXT For the purpose of this rulemaking, the Department developed a rules advisory committee comprised of 26 representatives from a broad range of interests including industrial, AGENDA ITEM 1 Page 1 of 4 nonindustrial, federal, county, environmental, tribal, and public (Attachment 1). This advisory committee met four times virtually. A short summary of each meeting is below: July 27, 2021 — Introduction of Rules Advisory Committee. Provided background of S13762, reviewed proposed charter and scope. August 3, 2021 — Confirmed charter, provided overview of Wildland-Urban Interface definition exercise to gain group perspective. August 10, 2021 — Presentation of Oregon Department of Forestry staff recommendation of Wildland-Urban Interface definition. Polled Rules Advisory Committee on several definition options. Introduced components of economic impact statement. August 17, 2021 — Oregon Department of Forestry staff presented draft staff report and fiscal and economic impact statement to committee. ODF presented initial work plan components, solicited feedback of additional components, possible data sources that should be considered, and next steps toward definitions of terms needed for development of full work plan. The Department gained extensive feedback through the committee process. The rule advisory committee's work will continue further, to define the terms within the definition and develop the criteria to identify and classify the Wildland-Urban Interface. ANALYSIS Department staff reviewed and presented seven definitions of "wild]and-urban interface" that were consistent with national standards (Attachment 2). In addition, the Rules Advisory Committee completed an exercise that used the key words and phrases of the presented definition to allow for an analysis of which words were supported by the committee Polling was conducted on three potential definitions, with associated poll results on August IOth: 1. "Wildland-Urban Interface means a geographical area where structures and other human development meets or intermingles with wildland vegetative fuels." a. International Wildland-Urban Interface Code definition — Department recommendation i. 13 Rules Advisory Committee members - Full support ii. 2 Rules Advisory Committee members - Agrees with proposal but would prefer it modified. iii. 8 Rules Advisory Committee members - Refusal to support. 2. "A geographic area of forestland inside a forest protection district where there exists a concentration of structures in an urban or suburban setting." a. Rules Advisory Committee member recommendation based on discussion. i. 1 Rules Advisory Committee members - Full support ii. 12 Rules Advisory Committee members - Agrees with proposal but would prefer it modified. ill. 8 Rules Advisory Committee members - Refusal to support. AGENDA ITEM 1 Page 2 of 4 3. "Wildland-Urban Interface means the geographical area where human development meets wildland fuels." a. Definition exercise compilation of preferred terms. i. 1 Rules Advisory Committee members - Full support ii. 8 Rules Advisory Committee members - Agrees with proposal but would prefer it modified. iii. 11 Rules Advisory Committee members - Refusal to support. The International WUI definition is, "That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels." The second "or" was missing in previous RAC documents and polling. On August 17`h an additional RAC Poll was conducted to address the missing word "or", as a clerical error. The Poll asked, "Do you recommend the correctly stated International WUI definition? 1. "Wildland-Urban Interface means a geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels." a. International Wildland-Urban Interface Code definition — Department recommendation i. XX Rules Advisory Committee members - Full support ii. XX Rules Advisory Committee members - Agrees with proposal but would prefer it modified. iii. XX Rules Advisory Committee members - Refusal to support. [Staff will update above with the results.] Under the RAC I Charter, a "Consensus" is defined as the members voting "1" (Full Support, ) or a "2" (Agrees with proposal but would prefer it to be modified) with no "3" votes (Reffusal to support.). As a result, a Consensus was not achieved. The Department's recommendation is the definition that received the largest majority support. The attached meeting summaries, Attachment 6, are a record of Rules Advisory Committee member statements. The Rules Advisory Committee also submitted written comment as recieved, Attachment 7. RECOMMENDATION The Board directs the Department to proceed with the public hearing process and return in October 2021 with draft rule language adopting the following as the definition of wildland-urban interface: "Wildland-Urban Interface means a geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels." NEXT STEPS • Pending the Board of Forestry's acceptance of these revised rules, the Department will schedule and hold public hearings. • Following public input, the Department will return to the Board requesting promulgation of the rules. AGENDA ITEM 1 Page 3 of 4 RULE REVIEW TIMELINE July 20, 2021 — Oregon Department of Forestry conducted an informational session virtually in regards to Senate Bill 762. July 21, 2021 — Oregon Department of Forestry presented an overview of Senate Bill 762 and requested permission from the Board to initiate rule making process. August 23-27, 2021 — Proposed rule presented to the Board of Forestry with request to conduct public hearings. August 25, 2021 — Notice of Proposed Rulemaking and Fiscal Impact Statement sent to Secretary of State. Notify legislators and interested parties. September 15 — 30, 2021 — Conduct public hearings. October 18-22, 2021 — ODF submits final proposed rule with public comments to Board of Forestry for final consideration and approval. October 22, 2021 — Submit rule to Secretary of State and Legislative Counsel for filing. Effective date October 27, 2021. ATTACHMENTS 1. Rules Advisory Committee members 2. Department's proposed rule changes to OAR 629-044, strikethrough. 3. Department's proposed rule changes 4. Draft rule filing 5. Wildland-Urban Interface Rules Advisory Committee Charter 6. Rules Advisory Committee Meeting Summaries 7. Rules Advisory Committee Comments AGENDA ITEM 1 Page 4 of 4 Charter and Collaboration Principles Adopted 8-3-2021 For any collaborative process, the participants should establish procedures to govern the committee and its members. Such agreement increases success and decreases meeting time by assuring a good faith process that explores competing needs and leads to balanced recommendations to the sponsor. The Oregon Forestland-Urban Interface Fire Protection Act of 1997 was the first defensible space in Oregon. At that time, the "forestland-urban interface" (WUI) was defined as properties within an ON forest protection district that lie within a county where a specific concentration of homes exists (10 acres or less, or 4 homes per legal 40 acres). Senate Bill 762, passed in the 2021 legislative session and is anticipated to be signed by Gov. Kate Brown, revises Oregon Revised Statutes 477.015 to 477.064. The major changes follow. Mapping Display Wildfire risk classes Defensible Space Administration Limited to within ODF protection districts Paper maps 3 to 5 classes Oregon Department of Forestry Statewide Oregon Explorer Wildfire Risk Portal 5 classes Oregon Office of the State Fire Marshal The bill directs the Board of Forestry to establish a definition of Wildland-Urban Interface. These rules must also establish criteria to identify and classify the WUI. The Board of Forestry approved the convening of this RAC at its July 21, 2021 meeting. The WUI definition must be established by rule within 100 days of Governor's signature of SB 762 on July 19, 2021. This Rule Advisory Committee (RAC) is not a decision -making body. It is a recommendation -making group pursuant to ORS Chapter 183 and DOJ Model Rule 137-001-0007 (Public Input Prior to Rulemaking.) The RAC is charged with providing perspective, input, and assistance to ODF so ODF can develop administrative rules surrounding SB 762 sections 31 through 33 for its presentation to the Board of Forestry. RAC 1: Recommend the OAR WUI definition as described in SB 762 sections 31 through 33, WILDLAND-URBAN INTERFACE FIRE PROTECTION. https://olis.ore�onle islature.�ov/Ii�2021R1/Downloads/MeasureDocument/56762/Enrolled Considering national best practices, the two major deliverables for RAC 1 are: • General WUI definition, and • Criteria to identify and classify WUI. Additionally, the RAC is charged with providing input for the ODF Statement of Need and Fiscal Impact. ODF asks the RAC to consider the fiscal impact of its proposed rules (see generally, ORS Chapter 183 and OAR 137-001-0018) including: • Whether the rules will have a significant adverse fiscal impact, and if so, what the extent of that impact will be; and • Whether the rules will have a significant adverse fiscal impact on small businesses likely to be affected by the rules, and if so, how ODF can mitigate the cost of compliance. RAC 1 is not charged with making recommendations on Fire Risk Mapping the Wildfire Risk Map as described in SB 762 section 7, STATEWIDE MAP OF WILDFIRE RISK. https1/olis.oregonle�islature.�ov/IizJ2021R1/Downloads/MeasureDocument/S6762/Enr olled. Those recommendations, among others, will be discussed in RAC 2. ODF will consider the recommendations of both RAC 1 when drafting its rules. ODF will then follow the rulemaking procedures identified in ORS Chapter 183 and DOJ Model Rule 137-001-0011 through 137-001-0100. Ultimately, the Board of Forestry will decide on the rules, and subsequently, ODF will issue contract specifications consistent with those rules. 2 III. Guiding Principles The RAC should consider the following guiding principles and/or policies, among others, in the development of administrative rules regarding SB 762. • The use of objective, scientific, quantifiable data is the cornerstone of the recommendation and decision -making. • Administrative rule development discussions will pertain exclusively to the requirements of Sections 31-33 of Senate Bill 762. • Recognizing the Oregon Explorer as a viable tool and how it will be impacted by this WUI work is important. • ORS 477.00S Policy provisions, which follow, are paramount: o The preservation of the forests and the conservation of the forest resources through the prevention and suppression of forest fires hereby are declared to be the public policy of the State of Oregon. o In order to accomplish the purposes of the policy stated in this section: ■ The need for a complete and coordinated forest protection system is acknowledged and the primary mission of the State Forestry Department in such a system is protecting forest resources, second only to saving lives. Structural protection, though indirect, shall not inhibit protection of forest resources; and • This chapter shall include all persons and activities designated in this chapter, irrespective as to whether or not such person or activity is concerned with the harvesting, cutting, removal or marketing of trees, timber or other forest products. • WUI definition must consider national standards. • Relevant policy considerations The following members will provide their diverse perspectives on policy proposals, including environmental justice, public health, and fiscal impacts of the program as Voting members. Organization RAC Member / (Alternate) Voting 1000 Friends Mary Kyle McCurdy X Associated Oregon Loggers Amanda Astor / (Rex Storm) X Association of Oregon Counties Lauren Smith X Association of Oregon County Planning Directors Holly Kerns X Cow Creek Band of Umpqua Tribe of Indians Jason Robison X Department of Land Use & Conservation Jon Jinings / (Sadie Carney) X Hood River County Planning Commission Leti Moretti X Jackson County Fire Robert Horton X League of Oregon Cities Jim McCauley X Office of the State Fire Marshal Travis Medema / (Chad Hawkins) X Organization RAC Member / (Alternate) Voting Oregon Farm Bureau Mary Anne Cooper X Oregon Fire Chiefs Association Nicole Hazelbaker X Oregon Fire Marshall's Association Shawn Olson X Oregon Forest Industries Council Kyle Williams X Oregon Home Builders Mark Long X Oregon Property Owner's Association Dave Hunnicut / (Samantha Bayer) X Oregon Small Woodlands Association Roger Beyer X Oregon State University - Extension Chris Dunn X Sisters Fire Roger Johnson X Special Districts Association Michele Bradley / (Jason Jantzi) X Sustainable Northwest Dylan Kruse X The Nature Conservancy Amelia Porterfield X Tualatin Valley Fire Les Hallman X Western Environmental Law Center Pam Hardy X Each member is allowed to assign an alternate by providing written notice to Tim Holschbach in advance of the meeting the primary member will miss. sb762.rulemal<inF,@oregon.gov. While not part of the RAC, Board of Forestry Members Kelly, Deuming, and Justice, may be present to listen. Additionally, ODF staff TIM Holschbach, Jenna Trentadue, and others will be present during the meetings as resources, but they are not part of the RAC. This includes Ian Rickert from the United States Forest Service and Richard Parrish from the Bureau of Land Management. Government to government tribal consultants are ongoing. The public is welcome to attend all meetings. The facilitator will manage the meetings to accommodate both members and non-members who wish to provide input, but priority will be given to committee members. There will be time on the agenda dedicated to receiving input from the public with time limits for each person. After RAC 1 concludes, a formal public comment period will open on the proposed rules. ODF, with RAC input, will evaluate the need for subcommittees, factoring in resource considerations, but none are planned at this time. All committee materials will be provided electronically as a sustainability measure. 4 Meeting notices, agendas, materials, summary, and recordings https://www.youtube.com/c/OregonDepartmentof Forestry/featured) will be posted on the following webpage: https://www.oregon.gov/odf/board/Pages/rac.aspx. The meeting recordings will be used as the formal meeting minutes, and they control, in the event of a conflict. Technical input from agencies, organizations, or individuals with specialized expertise will be available to the RAC as issues arise. ON has contracted with an independent and neutral third -party facilitator, Oregon Consensus (https://ore&onconsensus.orE/) who has contracted with Triangle Associates (https://www.triangleassociates.com/) and ICMresolutions(https://www.icmresoIutions.com), together, "Facilitator," whose role is to facilitate meetings, help the RAC develop recommendations, and produce RAC reports. The Facilitator's "client" is the RAC process, but neither RAC membership/sponsorship, nor process participation is a substitute for independent legal or other professional advice. That is the responsibility of the process participants. The Facilitator will also be available as a resource for conflict resolution and RAC process improvement suggestions. The Facilitator's written contract with ON is available for review. The Facilitator will not be influenced by payment source. To ensure impartiality, ON will solicit RAC input on the Facilitator's performance before changing their status, but the ultimate decision is ODF's alone. The Facilitator will not function as an advocate on any issue, interest group, or RAC member. However, to help move the process forward, the Facilitator may suggest concepts for RAC consideration, but will not make any decisions. Specific Facilitator responsibilities include: a) Design and support meeting process to achieve the outcomes of the process using formal agenda and meeting recordings to track progress; b) Ensure culturally competent practices are used to foster inclusion and the equal voice of all participants; c) Ensure a welcoming meeting environment where all members can participate; d) Ensure a safe environment for alternative opinions to be expressed; e) Conduct meetings in a manner to foster collaborative decision -making and consensus building; and f) Prevent dialogue from becoming confrontational and apply mediation practices to resolve conflict. The Facilitator may have non -confidential, informal communications and perform facilitation activities between and during meetings. The Facilitator will address situations where it appears a participant is not acting according to this document. The committee will meet according to its draft work plan outlined below, which is subject to change. a) Meetings and Draft Workplan for First Four Meetings There will be weekly two-hour Zoom meetings of RAC ! for four weeks as noted above, and then RAC 1 will meet every other week through February to establish criteria for WUI. Meeting 1: July 27, 2021 • Introductions • Background and Public Contracting at ODF • Review of Charter and Process Overview • Member Comments • Next Steps and Homework • Meeting Evaluation Meeting 2: August 3, 2021 • Introduce ODF proposed language and begin RAC discussion • Next Steps and Homework • Meeting Evaluation Meeting 3: August 10, 2021 • Create 75% draft of ODF OAR WUI Language Recommendations and Draft Report • Next Steps and Homework • Meeting Evaluation Meeting 4: August 17, 2021 • Finalize ODF OAR WUI Language Recommendations and Report • Next Steps • Meeting Evaluation b) Additional RAC 1 meetings will be scheduled after the WUI definition work is completed. c) Final RAC Recommendations Report: WUI general definition - 8/17/21, WUI criteria 2/15/2022 d) Secretary of State filing: WUI definition draft filing August 28, 2021, WUI criteria draft March 20, 2022 e) Earliest Public Hearing date: WUI definition: September 15, 2021, Criteria: April 15, 2022 f) Board of Forestry Meeting: WUI definition: special meetings as needed, Criteria: June 2022 Board approval N. The RAC will follow these protocols. a) Quorum: 51% of RAC Organizations listed above. b) Meetings: Meetings of the RAC and its subcommittees, if any, are open to the public and will include an opportunity for public comment. Notice of RAC meetings will be posted in advance of meetings on the ODF project website. c) Meeting Agendas and Meeting Materials: The Facilitator will develop Working Agendas for each meeting. Meeting agendas and meeting materials will be sent electronically to RAC members in advance of the meetings and will be posted on the project website. d) RAC Commitments: The RAC members, staff, and participants will participate in good faith, which means: 1) Prepare for and set aside time for the meetings and the entire process, 2) Participate fully, honestly, and fairly, commenting constructively and specifically, 3) Speak respectfully, briefly, and non -repetitively; not speaking again on a subject until all other members desiring to speak have had the opportunity to speak, 4) Allow people to say what is true for them without fear of reprisal, S) Avoid side conversations during meetings, 6) Provide information as much in advance as possible of the meeting in which such information is to be used and share all relevant information to the maximum extent possible, 7) Generate and explore all options on the merits with an open mind, listening to different points of view with a goal of understanding the underlying interests of other RAC members, 8) Consult regularly with their appointing/nominating bodies and provide their input in a clear and concise manner, 9) Each member agrees to work toward fair, practical, and durable recommendations that reflect the diverse interests of the entire RAC and the public, 10) When communicating with others, accurately summarize the RAC process, discussion, and meetings, presenting a full, fair, and balanced view of the issues and arguments out of respect for the process and other members, 11) Not attempt to affect a different outcome outside of the RAC process once the RAC has reached a "consensus" recommendation, 12) Strive vigorously for consensus and closure on issues, and 13) Self -regulate and help other members abide by these commitments. There will be public comment opportunities during the RAC 1 process. Comments from the public will be limited in time to allow sufficient opportunity to conduct the other portions of the meeting. Typically, comments will be limited to a maximum of three minutes per person. Participants are encouraged to submit written comments via email addressed to sb762.rulemaking2oregon.gov or ODF, Tim Holschbach, 2600 State Street, Building D, Salem, OR 97310 in advance of the meeting so they can be circulated to the entire RAC for their consideration. The Facilitator will assist the RAC and its members in identifying objectives, addressing the diversity of perspectives, and developing substantive, practical recommendations. Each voting RAC member will have one vote. A vote represents that the member will strongly recommend to their government, organization, or group that they should support or oppose the voted -upon proposal consistent with the member's vote. The RAC will strive for and use a "consensus" recommendation -making approach to determine their level of agreement on proposals. This allows RAC members to distinguish underlying values, interests, and concerns with a goal of developing widely accepted solutions. Consensus does not mean 100% agreement on each part of every issue, but rather support for a decision, "taken as a whole." This means that a member may vote to support a consensus proposal even though they would prefer to have it modified in some manner to give it their full support. Consensus is a process of "give and take," of finding common ground and developing creative solutions in a way that everyone can support. Consensus is reached if all voting members support an idea or can say, "I can live with that." When developing recommendations, the RAC will address each rule component individually, and in various combinations. The RAC will decide on whether it wants to make a package recommendation for the entire rule at the end of the process. 1) "1-2-3" Consensus Polling: The Facilitator will assist the RAC in articulating points of agreement, as well as articulating concerns that require further exploration. The RAC will use a "Consensus Polling" procedure for assessing the group's opinion and adjusting proposals. In "Consensus Polling," the Facilitator will articulate the proposal. Each RAC voting member will then offer "one," "two," or "three," reflecting the following: • "One" indicates full support for the proposal as stated. • "Two" indicates that the participant agrees with the proposal as stated but would prefer to have it modified in some manner to give it full support. Nevertheless, the member will support the consensus even if his/her suggested modifications are not supported by the rest of the group because the proposal is worthy of general support, as written. • "Three" indicates refusal to support the proposal as stated. N. The Facilitator will repeat the consensus voting process as reasonably practical and as time allows to assist the group in achieving consensus regarding a particular recommendation, so that all members are voting "one" or "two." Either way, the result will be noted in the ODF Staff Report and/or the RAC Report. 2) No Consensus — Majority and Minority Recommendations: If a consensus on an issue is not likely, as determined by the Facilitator, the votes of those present at the meeting will be taken and recorded as a Majority — Minority recommendation in the meeting summary, which will include the specific majority recommendation, the specific minority recommendation, along with the names supporting each recommendation. Majority is defined as at least 51% of the RAC Organizations (members or alternates) noted above. 3) Summary of RAC Recommendations: The meeting summaries will serve as the record of RAC recommendations as supplemented by the addition of RAC member statements who elect to submit additional information by the deadline to be established at the last RAC meeting. ODF will package all this information in its staff report to the Board. The following provisions apply to the RAC process. a) Regular Communication with Affiliated Group: There is an expectation of regular, two- way communication between RAC members and their appointing jurisdictions / organizations. This is intended to ensure meaningful representation of those interests. Time will be set aside on the RAC agenda for reports from this outreach. b) Transparency and Media: Members agree that transparency is essential to all deliberations. In that regard: 1) RAC members agree to notify Tim Holschbach at sb762.rulemaking@oregon.gov of: of written communications with the media. 2) Members agree to direct public testimony about RAC work to Tim Holschbach at sb762.rulemaking@oregon.gov. These communications will be included in the public record and copied to all RAC members. 3) Individual members should not speak on behalf of the entire RAC. 4) Whenever reasonable, RAC members and staff will refer press, citizen, and other inquiries to Tim Holschbach at sb762.rulemaking@oregon.gov. I7 c) Disclosure of Public Official Conflicts of Interest: 1) Some RAC members may be "public officials." A public official is required to make an announcement of the nature of a conflict of interest each time the issue giving rise to the conflict of interest is discussed or acted upon. 2) The announcement needs to be made on each occasion when the public official is met with the conflict of interest, and the public official must disclose the nature of the conflict of interest. 3) For example, the public official would have to make the public announcement one time when met with the conflict of interest, but only one time in each meeting of the RAC. If the matter giving rise to the conflict of interest is raised at another meeting, the disclosure must be made again at that meeting. 4) For guidance, please see htt%20Guide%20Final%20A dopted.pdf d) Open Meetings and Records: Meetings of the RAC and subcommittee meetings are open to the public. Notice to the public regarding the dates, times, and locations of all meetings will be provided in advance of a meeting. RAC members can participate through telephonic conference calls. All records of the Body, including formal documents, discussion drafts, meeting recordings, and exhibits, etc. are public records. "Communications" refers to all statements and votes made during meetings, memoranda, work products, records, documents, text messages, pictures, or materials developed to fulfill the charge, including electronic mail correspondence. The personal notes of individual members taken at public meetings might be public record to the extent they relate to the conduct of the public's business. e) Amendment and Interpretation: The Facilitator shall lead a RAC discussion designed to reach a consensus on any proposed Scope & Charge, Guiding Principles, Collaborative Protocols, and Process for RAC Recommendations amendment(s) to this document. Any remaining amendments can be made informally. The terms of this document, except those required by law, are process guidelines — not binding mandates. Ultimately, ODF will make the final decision on the proposed amendments and interpretation issues. f) RAC Member Agreement: Participation in this process is agreement to abide by the terms of this document. 10 NOTICE OF PROPOSED RULEMAKING FILING INCLUDING STATEMENT OF NEED & FISCAL IMPACT For internal agency use only. Department of Forestry, Wildfire Hazard Zones; Wildland-Urban Interface 629 Agency and Division Name Administrative Rules Chapter Number Hilary Olivos-Rood Rules Coordinator Email Telephone Tim Holschbach 2600 State Street, Building D, Salem OR 973601 tim.J.holSchbach g@oregon.gOV 503-945-7434 Filing Contact Address Email FILING CAPTION Establishing definition of "Wild land -Urban Interface" Last Date and Time for Public Comment: [ Telephone 9/22/2021 2:00pm Virtually - Zoom Tim Holschbach Hearing Date Time Address Hearings Officer 9/23/2021 7:00pm Virtually - Zoom Tim Holschbach Hearing Date Time Address Hearings Officer 9/24/2021 9:00am Virtually - Zoom Tim Holschbach Hearing Date Time Address Hearings Officer RULEMAKING ACTION List each rule number separately (000-000-0000) below. Attach proposed, tracked changed test for each rule at the end of the filing. ADOPT: AMEND: 629-044-1000, 629-044-1005 REPEAL: 629-044-0200, 629-044-0210, 629-044-0220, 629-044-0220, 629-044-0230, 629-044-0240, 629-044-0250, 629-044-0260, 629-044-1010, 629-044-1015, 629-044-1020, 629-044-1025, 629-044-1030, 629-044-1035, 629-044-1040, 629-044-1045, 629-044-1050, 629-044-1055,629-044-1060, 629-044-1065, 629-044-1070, 629-044-1075, 629-044-1080, 07n nA A A n0C 07n AA A 4 nnn C')n nA A 4 nnr- C7n nA A 4 4 nn 00n AA A 4 4 nC C7n nA A 4 4 -1 n RULE SUMMARY: Include a summary for each rule included in this filing. 629-044-1000 amended to remove unsupported purpose statements. 629-044-1005 amended to remove unsupported definitions, and add definition for "wildland-urban interface". STATEMENT OF NEED AND FISCAL IMPACT. Need for Rule(s): This rule is necessary to meet the statutory obligations of ORS 477.015, amended during the 2021 legislative session, directing the State Board of Forestry to define "wildland-urban interface" within 100 days of passage. Fiscal and Economic Impact: This definition is a new administrative rule. The term is not connected to any current statute or rule. In its present state, the impact is indeterminate. Additional fiscal and economic impact analysis will be necessary as the definition is utilized in future rulemaking. Future rulemaking will identify the applicable area that this definition applies to. Statement of Cost of Compliance: (1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the costof professional services, equipment supplies, labor and increased administration required to comply with the rule(s). This definition is a new administrative rule. The term is not connected to any current statute or rule. In its present state, the impact is indeterminate. Additional analysis regarding the cost of compliance will be necessary as the definition is utilized in future rulemaking. Future rulemaking will identify the applicable area that this definition applies to. Describe how small businesses were involved in the development of these rule(s)? Organizations representing small businesses are members of the rules advisory committee. Documents Relied Upon, and where they are available: Rules Advisory Committee documents: https://www.oregon.gov/odf/board/Pages/rac.aspx Board of Forestry documents: https://www.oregon.gov/odf/board/Pages/bofineetings.aspx Was an Administrative Rule Advisory Committee consulted? Yes or No? If not, why not? Yes. To: Deschutes County Board of Commissioners; cc: Tom Anderson From: Ed Keith, Deschutes County Forester Date: 8/24/2021 Subject: Fire Cause Statistics Attached you will find statistics of wildland fire causes for the years 2011— 2020, compiled at the request of Commissioner Chang. Because the wildland fire agencies (ODF, USFS and BLM) collect fires into different cause categories than structural fire agencies that report their data to the Oregon State Fire Marshalls Office, the data are summarized into two tables, one for wildland agencies and the other for the 9 structural agencies in the County. Page two breaks down the fire cause data from the wildland fire agencies, to show detail for each agency. In addition to the general cause categories for the wildland agencies I looked at the specific causes, where available, to determine fires caused by fireworks. Under the general cause of recreational fires for the wildland agencies I did find 10 fireworks caused fires for the wildland agencies, resulting in 20 acres burned. Six of those ten fire responses from wildland agencies were from fireworks on Pilot Butte, five from the planned fireworks event, however, the largest fire was the fire on Pilot Butte set by the use of illegal fireworks, burning 10 acres in 2018. Because each fire is reported by the jurisdictional agency and there may be multiple jurisdictions in any given fire the statistics include some duplication of fire reports. 61150 SE 27"' Street Bend, Oregon 97702 (54 1 ) 322-71 17 ed.keith@deschutes.org wvwnn/.des chutes. or'g Wildland Fire Causes, Deschutes County 2011-2020 Totals - Wildland agencies - ODF / USFS / BLM Fire Cause Count % Lightning 597 26% Equipment 49 2% Recreationist 656 28% Smoking 32 1% Debris Burning 106 5% Arson 31 1% Juveniles 15 1% Miscellaneous 302 13% Railroad 2 0% under investigation / unlisted 513 22% Total 2303 Totals - Structural Agencies (vegetation fires only) Fire Cause Count % 00 - Heat source: other 5 2% 10 - Heat from powered equipment, other 5 2% 11- Spark, ember, or flame from operating equipment 5 2% 13 - Electrical arcing 8 3% 40 - Hot or smoldering object, other 11 5% 41- Heat, spark from friction 0% 43 - Hot ember or ash 13 6% 50 - Explosive, fireworks, other 3 1% 54 - Fireworks 10 4% 56 - Incendiary device 1 0% 60 - Heat from other open flame or smoking materials, other 6 3% 61 - Cigarette 16 7% 64 - Match 4 2% 65 - Lighter: cigarette, cigar 10 4% 68 - Backfire from internal combustion engine 0% 69 - Flame/torch used for lighting 29 12% 72 - Spontaneous combustion, chemical reaction 1 0% 73 - Lightning discharge 12 5% 80 - Heat spread from another fire, other 11 5% 81- Heat from direct flame, convection currents 3 1% 82 - Radiated heat from another fire 0% 83 - Flying brand, ember, spark 2 1% 84 - Conducted heat from another fire 0% 97 - Multiple heat sources including multiple ignitions 3 1% UU - Undetermined 77 33% Total 235 ODF fire causes Row Labels Count of General 1 - lightning 67 21% 3 - Equipment 34 11% 4 - Recreationist 42 13% 5 - Smoking 10 3% 6 - Debris Burning 73 23% 7 - Arson 12 4% 8 - Juveniles 11 3% 9 - Misc 62 20% 10 - under investigation 5 2% Grand Total 316 USFS fire causes Row Labels Count of STATISTICA - 6 0% 1- Lightning 438 36% 2 - Equipment Use 12 1% 3 - Smoking 22 2% 4- Campfire 520 43% 5 - Debris Burning 21 2% 6 - Railroad 2 0% 7 - Arson 18 1% 8 - Children 4 0% 9 - Miscellaneous 170 14% (blank) Grand Total 1213 BLM fire causes Row Labels Count of CAUSE_DET unlisted 472 61% Arson 1 0% Campfire 94 12% Debris Burning 12 2% Equipment Use 3 0% Lightning 92 12% Misc. 70 9% Not Determined 20 3% Unknown 10 1% (blank) Grand Total 774 COMMISSIONERSBOARD OF MEETING DATE: August 25, 2021 SUBJECT: Terrebonne Wastewater Feasibility Study Update RECOMMENDED MOTION: Presentation only. No motion. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County has contracted with Parametrix Inc. to update the Terrebonne Wastewater Feasibility Study, which was published in 1999. The Feasibility Study includes the following scope elements with the goal of providing the community a roadmop for establishment of a wastewater utility in Terrebonne: Develop system collection and treatment options for the community. 2. Estimate capital costs and develop a rate model. 3. Evaluate governance options (Sanitary District, etc). 4. Establish a Wastewater Advisory Committee and a communications strategy. 5. Produce a Preliminary Engineering Report (as required by funding agencies). During the course of the project, the potential for near -term traditional and non-traditional funding has emerged both in the form of COVID relief funds (ARPA) and other potential state and federal funding sources. As such, the Project has accelerated some assumptions and worked with commercial property stakeholders to develop a phasing option that would initially address septic system failures in the commercial core area - an area with the highest need and motivated property owners necessary to establish a Sanitary District. This presentation to the Board will provide a recap of options, discussion of anticipated rates and connection fees, and phasing within the community as outlined in the attached feasibility memorandum. The presentation will also discuss next steps to complete the feasibility study and proceed with formation of a Sanitary District. BUDGET IMPACTS: None as -of -yet. It is anticipated that the BOCC will consider an ARPA fund contribution for this project. ATTENDANCE: Chris Doty, Road Department Ryan Rudnick, Parametrix Inc. Guy Vernon, Rustic Ranch LLC T E S Co G Terrebonne Wastewater Feasibility Study Exploring Sewer Solutions for the Community Memorandum: Proiect Update 8/18/2021 Introduction This memorandum is meant to serve as a project update continuing to build upon the previous work as outlined in the previous project memorandum dated 6/30/2021. This memorandum evaluates the feasibility of a modified Phase A service area pumping septic tank effluent to the City of Redmond Wastewater Treatment Plant. Service Area Definition The map below shows vacant lands and existing private sewer systems in Terrebonne as of June 2019. System phasing is outlined below in color along with symbols indicating property owner interest in connecting to sewer. Legend OWNER INTERESTED IN SEWER""" OWNER INTEREST IN SEWER TED Terrebonne Vacant Land A;� Acres Existing Sewer Terrebonne Unincorporated Community t (-TT --T �1 7 rnase A Commercial Core 1 lots existing, 31 lots vacs —134 future lot additions aye C >ntial East Proposed Wastewater System Phasing The Terrebonne service area has been divided into three separate phases of roughly equal size: Phase A: Commercial Core o This area has the highest concentration of septic system issues, businesses, and small residential lots o The terrain in this region gently slopes toward Hwy 97 and 11th Street and north toward Lower Bridge Way 0 110 EDUs existing (EDU = equivalent dwelling unit) o 359 EDUs at full buildout Phase B: Residential West o This area is mostly residential with larger lot sizes and generally fewer septic system issues o Terrain in this region is relatively flat on the plateau and slopes down to the west from the plateau edge 0 169 EDUs existing 0 331 EDUs at full buildout Phase C: Residential East o This area is mostly residential with larger lot sizes and generally fewer septic system issues o Terrain in this region is relatively flat, rural, and divided several COID irrigation laterals 0 143 EDUs existing 0 364 EDUs at full buildout The constructed sewer system would initially serve just the Commercial Core in Phase A, with the ability to expand and serve Phase B and Phase C in the future if/when desired by the community. Proposed Wastewater S stem — Purng to Redmond Wastewater Treatment Plant. • Collection system includes Septic Tank Effluent Pumps (STEP) that collectively pump effluent to the Redmond WWTP in a 2.75-mile transmission main (See graphic below showing Prelos STEP system). • This option is predicated on connection to the new Redmond wastewater treatment plant location (west of Northwest Way), currently in the design phase with the City of Redmond. • This option does not require land acquisition or a WPCF permit from Oregon DEQ. • The City of Redmond would charge connection fees and monthly rates to receive Terrebonne wastewater. Proposed Phase A System Overview • The proposed Phase A service Area is approximately 110 acres total, focused on serving the commercial core along Highway 97 • Onsite septic tank effluent pumps collectively pump to Redmond WWTP for disposal and treatment. • A Terrebonne Sewer Advisory Group has been formed, consisting of approximately 10 Terrebonne Stakeholders in support of public sewer. • This group represents approximately 25% of the larger properties in the Phase A service area. • Another 25% of the property owners in the service area have expressed interest in connecting to sewer. Equivalent Dwelling Unit (EDU) Estimates • 50 Initial Connections = 110 EDU o 19 commercial connections = 50 EDU o 31 residential connections + 29 Addl. Mobile Homes in Rustic Ranch = 60 EDU o Estimate based on metered water use for residential and commercial accounts. • 215 Buildout Connections = 387 EDU o 86 commercial connections = 258 EDU o 129 residential connections = 129 EDU o Estimate based on existing lots, vacant lots, development potential, and assumed breakout 40% commercial + 60% residential). Capital Construction Cost Estimate The estimated construction cost for the initial Phase A sewer system is approximately $4,952,214. This cost estimate shown below is based on approximate quantities of construction items and associated unit costs. Unit costs for STEP Collection System and 8" Force main include pavement removal and restoration. Included in this cost estimate are the connection fees ($2,062/EDU) for the initial 110 EDUs to connect to the Redmond Wastewater Treatment Plant. Phase Construction Item Quantity I Unit I Unit Price I Estimated Cost STEP Collection System 12400 LF $80 $992,000 ` Prelos Septic TankReplacements 50 EA $8,000 $400,000 8" Sewer Force Main to Redmond 14500 LF $125 $1,812,500 A Redmond SDC Connection Fees 110 EDU $2,062 $226,820 Construction Subtotal: $3,431,320 Design, Legal, Admin, Permitting, Contingency (45%): $1,S44,094 Estimated Phase A Total: $4,975,414 Monthly Operating Budget Estimate The table below shows a preliminary operating budget for the Phase A system with an initial 110 EDUs. The initial 110 EDUs can only financially support $2,750 in monthly debt payments with the assumed rates ($65/month), connection fees ($10,000/EDU), and estimated operating expenses. With this debt capacity, a maximum loan balance of approximately $686,000 could cover 14% of the capital construction costs and be repaid by the Sanitary District over a 30-year term. The remaining 86% of the capital costs would need to be funded by grants totaling approximately $4,289,389. For a project of this nature, 86% is a very high percentage of grant funding. Phase A - Monthly Operating Budget Initial EDUs 110 Total Capital Costs (Phase A) $ 4,975,414 Assumed Connection Fees (per EDU) $ 10,000 Assumed Monthly Sewer Rate (per EDU) $ 65 Operating Reserve $ 1,100,000 Monthly Revenues $ 7,150 Monthly Operations & Maintenance Costs ($20/EDU)1 $ 2,200 Monthly Service Fees to Redmond ($20/EDU)2 $ 2,200 Monthly Debt Service Capacity (w/ initial 81 EDUs) $ 2,750 Maximum Loan Balance Computation (30-year term, 2.61% interest) $ 686,025 Required Grant to fund balance of project cost with assumed sewer rate $ 4,289,389 Required Grant as percentage of total project cost 86% 1. Assumed cost of $20/EDU to maintain effluent pumps and force mains, under review by utility companies to confirm. 2. Full COR monthly sewer rate is $32.58. The assumed sewer rate for Terrebonne users is $20/month. project team is coordinating with COR on a reduced rate that omits the portion allocated for Redmond collection system O&M. Conclusion Based on our preliminary design, analysis, coordination, and cost estimates, it may be feasible to construct and finance a sewer system that will initially serve the commercial core (Phase A) in Terrebonne with a significant contribution of grant funding from outside sources. Without the need for a new wastewater treatment plant and DEQ WPCF permit, it is estimated that this initial system could be constructed and operational in approximately five years. Once the STEP collection system and 8" forcemain are installed, the system can easily expand to serve nearby customers in the future by extending small diameter pressure mains in the public right-of-way, replacing septic tanks with Prelos systems, and connecting to the system with a small sewer service line (typically 1" diameter). As more properties connect to this initial STEP network and more EDUs pay into the system, debt service holds constant and a portion of the additional revenues can be allocated for capital expansion and replacement. The estimated capital costs for the initial Phase A sewer system are approximately $S.OM. Approximately $4.3M in grant funding will be required for the Sanitary District to cover capital costs and operating costs with the initial 110 EDUs contributing financially at the assumed rates ($65/month) and connection fees ($10,000/EDU). This project is eligible for grant funding through state infrastructure funding programs. In addition, Deschutes County is aware of additional grant funds that may be available for this project. At the same time, it is uncommon for infrastructure projects of this nature to be 86% grant -funded. Next Steps • Deschutes County and project team to negotiate with City of Redmond Wastewater Division to confirm rates and fees for Terrebonne customers, as well as methods of wastewater measurement and payment. • Terrebonne Sanitary District (TSD) formation per ORS Chapter 450 and guidance from the Deschutes County Legal Counsel. • TSD to negotiate with City of Redmond Wastewater Division to confirm rates and fees for Terrebonne customers, as well as methods of wastewater measurement and payment. • Parametrix completes the Preliminary Engineering Report (PER). • TSD submits PER with grant and loan applications to fund system design, permitting, and construction. • TSD obtains $4.4M in grants and $0.5M in loans to cover $4.9M estimated capital costs. • TSD hires project team(s) to design and build sewer system and connect initial 50 customers (110 EDUs). • TSD collects connection fees and monthly sewer rates to cover debt repayment and operating expenses. 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