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2021-410-Minutes for Meeting September 29,2021 Recorded 10/19/2021TES CO BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (5 l 1 ) 388 65 70 Recorded in Deschutes County CJ2021-410 Steve Dennison, County Clerk Commissioners'Journal 10/19/2021 10:53:54 AM �CwTFS co G�� II I I I III I I'I) II I I II I II II I I I I III 2021-410 FOR RECORDING STAMP ONLY om MEETING € U 9:00 Al`0 W4 dn(, sC ay,, Se,',ptcmrtlber 29, 2021 BAR IFS 8, c, ,A/Yc,li i,00'1l\AS FZ I ,iAI- MIF---1 F F ii`JC: P L, A T IF0Rl`Vfi Present were Commissioners Patti Adair (via Zoom conference call), Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; Nick Lelack, 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 www.deschutes.org/meetings CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner DeBone acknowledged that today is the last Board meeting for County Administrator Tom Anderson. Mr. Anderson begins retirement on October. 1, 2021. Commissioner DeBone acknowledged several emails received through the Citizen Input email address: homeless camp potential at Rosland Park, shooting in downtown Bend, and Sisters homeless shelter. Commissioner DeBone reported multiple emails were received regarding the wildlife inventory which is a topic on BBC, NA IF ""'11,N G 7EPVE \A13R 29, 2021 PAG)r 1 OF 10 today's meeting agenda. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of Consent Agenda CHANG Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Resolution No. 2021-048, a Resolution Regarding Right of Way Acquisition for Construction of Road Improvements at Hunnell Road between Loco Road to Tumalo Road 2. Consideration of Board Signature of Resolution No. 2021-065, Increasing Appropriations within the Health Services Fund and Extending 6.0 Limited Duration FTE and Adding 1.0 Limited Duration FTE within the Health Services Fund and 2021-2022 Deschutes County Budget 3. Consideration of Board Signature of Resolution No. 2021-066, Increasing Appropriations and Adding 7.5 FTE within the Health Services Fund and 2021- 2022 Deschutes County Budget 4. Consideration of Resolution No. 2021-067, Transferring Appropriations and Adding 1.0 FTE within the Community Development Department and 2021- 2022 Deschutes County Budget 5. Consideration of Resolution No. 2021-070, Setting a Public Hearing for the Surrender of jurisdiction of Portions of Knott Road, Tekampe Road, and Stevens Road to the City of Bend 6. Consideration of Board Signature of Order No. 2021-038, Appointing County Residents to two pools from which the County Clerk will select members of the Board of Property Tax Appeals. 7. Consideration of Board Signature of Order No. 2021-047, Appointing Health Services Director's Designees 8. Consideration of Board Signature of Document No. 2021-746, Amended Bylaws of Deschutes County Public Safety Coordinating Council 9. Approval of Minutes of the September 8, 2021 BOCC Meeting 10.Approval of Minutes of the September 15, 2021 BOCC Meeting BOCC ME E-TI SIC: }F: P- E:( BE R 29, 202 I PAC>I: 2 OF 10 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 11.Consideration of Board Signature of Letter Thanking Jackie Schmid for Service on the Sunriver Service District Managing Board CHANG: Move approval ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 12. Consideration of Board Signature of Letter Appointing Tony De Alicante to the Sunriver Service District Managing Board ADAIR: Move approval CHANG: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY ACTION ITEMS: 13.Request BOCC Approval for ODVA Suicide Prevention Grant Deputy County Administrator Erik Kropp introduced the item. Via Zoom conference call were Keith McNamara, Veterans Services and Caroline Suiter, Health Services. Seeking approval for the grant application in the amount of $4,000 for additional services for mental health outreach for the veteran population. The Board offered support for additional efforts in association with veterans suicide prevention services. CHANG: Move approval of the grant application ADAIR: Second BOC C ME GilNG SEP i I E IVI BI: R 29f 2021 PAGE 3 OF 10 VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 14.Grant Application Request, Oregon DEQ Community Response Plan for Smoke Implementation County Forester Ed Keith presented a request to apply for a grant. The grant would provide funding for actions around smoke impacts through the Community Response Plan. This is a non-competitive grant for communities that have already adopted a community response plan. Funding would provide for an educational campaign corresponding to air quality experiences. The amount of the grant is $75,000 and includes a 10% match. A request for proposals would be issued to seek a media firm for the project. Mr. Keith is working with Communications Director Whitney Hale and Morgan Emerson and the Smoke and Public Health Collaborative. Education will be focused on the vulnerable populations. ADAIR: Move approval CHANG: Second Discussion: Commissioner DeBone suggested contacting E Space Labs regarding their effort on air quality sensors. Discussion held on prescribed fires anticipated for this fall. VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 15.American Rescue Plan Funding Update Chief Financial Officer/Treasurer Greg Munn presented the update. Via Zoom conference call was Michelle Williams and Scott Aycock of COIL. OC C M]"ETFING SPI EEMBFER 29, 2021 PAGE 4 OF 10 Request to establish a criteria and standards for application eligibility to the small business or non-profit assistance project. CHANG: Move approval of County Administrator signature on services agreement with COIC with not to exceed of $35,000 ADAI R: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried Mr. Munn presented the proposal regarding the mobile cold storage unit for $82,000 that is currently being used by St. Charles for COVID response. The unit would be purchased from St. Charles and housed with the Sheriff's Office. Commissioner Chang voiced his disappointment that the County has not done more for efforts to prevent COVID deaths. ADAIR: Move approval for the purchase of the mobile cold storage unit from St. Charles in the amount of $82,000 to be an asset of Deschutes County CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Mr. Munn reported on additional ARPA fund requests that will be presented at a future meeting. Discussion held on requests for affordable housing assistance which will be brought back to a future BOCC meeting for discussion and later action. Discussion was held on Bethlehem Inn, Commissioner Chang attended the Redmond City Council meeting yesterday to comment on the possibility of a co -investment opportunity on this request. Commissioner DeBone is supportive of committing to $450,000. Moved approval of additional $450,000 ARPA funding for the Bethlehem Inn project in Redmond E3C)CC IUiEErl(\iCs SE P EE: CV BER 29, 2021 PAGE 5 CAE= 10 Commissioner Chang would like to formally ask that the Redmond Council partner with the County on funding homeless facilities. Commissioner DeBone is comfortable with proceeding with the motion. Commissioner Ch n rescind on a letter to the City of Redmond. Commissioner DeBone a gp would like to proceed with the motion. DEBONE: Second Discussion: Commissioner DeBone would support a further discussion. VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Discussion held on the Oasis Village project. Commissioner Chang commented on the projects to address the homeless in Redmond. A letter will be drafted to address Deschutes County's vision of zero functional homelessness. The Board supported a letter. County Administrator Lelack noted the letter will be drafted and brought to the Monday BOCC meeting for review and consideration. Commissioner DeBone presented a letter to advocate for a Department of Land Conservation Development grant request. Scott Aycock, COIC reported via Zoom conference call on the request noting it would be administered by COIC. The support is requested for land use planning for a regional training center and emergency coordination center. Commissioner Chang inquired if the project would compete with the Deschutes County's pending request for technical assistance grant. Mr. Lelack responded this request would compete. Commissioner Chang is not inclined to support a project that competes with a Deschutes County request. 16.COVID19 Update Via Zoom conference call were Health Services staff Nahad Sadr-Azodi, Rita Bacho, Emily Freeland, and Cheryl Smallman. Also present via Zoom was Dr. Mike Johnson from St. Charles Health System. Presentation is attached to the record. Business Manager Cheryl Smallman reported the Health Services Department is requesting $550,000 to expend through December 31 to support the current rate and expenses due to COVID19 through the end of the year. CHANG: Move approval of $575,000 of support for wrap around services ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 17.Discussion and Consideration of Draft Vaccine Requirement for County Employees in Health Services and the Community Justice -juvenile Division Deputy County Administrator Erik Kropp, Sr. Assistant Legal Counsel Chris Bell (via Zoom) and Human Resources Director Kathleen Hinman presented the draft policy. The policy was first presented to the BOCC for review on September 15, 2021. Mr. Kropp reported on discussions with AFSCME. AFSCME recommended a revision to the policy. Mr. Kropp noted the union has agreed to the Memorandum of Understanding and will require County Administrator's signature of Document No. 2021-788. Discussion held on vaccination levels. ADAIR: Move approval of County Administrator's signature of the Temporary Policy for COVID19 Vaccination Requirement for County Personnel in Impacted Departments CHANG: Second VOTE: ADAI R: CHANG: DEBONE Yes Yes Chair votes yes. Motion Carried BBC C M E EF it ,G- SEPTEN BIFI3 29, 2021 PAGE 7 OF 10 ADAIR: Move approval of Document No. 2021-788 CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes Motion Carried RECESS: At the time of 11:58 a.m. the Board went into recess and reconvened the meeting at 1:03 p.m. 18.Consideration of Second Reading: Ordinance No. 2021-012 - Marijuana Annual Reporting Tanya Saltzman, Community Development Department Senior Planner presented the second reading of the Ordinance The firct reading !/.gas Ordinance. IUI 1 lam. 111�. I conducted on September 8, 2021. CHANG: Move second reading by title only of Ordinance No. 2021-012 ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone read the Ordinance by title only into the record. CHANG: Move adoption of Ordinance No. 2021-012 ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried BOC":C SF:FI E 1\/IBF R 29, 2021 P A E 8 CIF 10 19.Senate Bill 391 / Rural Accessory Dwelling Units Tanya Saltzman, CDD Senior Planner presented this item for discussion to address decisions and interpretations pertaining to SB 391. Building Official Randy Scheid presented further details on accessory dwelling units. The Board made recommendations regarding the elements presented. Commissioner DeBone suggested a report on the next steps showing the timeframe. 20.Wildlife Inventory Update - Discussion of Options. Tanya Saltzman, CDD Senior Planner presented a report of options pertaining to a wildlife inventory update. The overview included details on mule deer winter range, elk winter range, sensitive bird habitat, and composite of total acreage. Open houses will be planned with the Planning Commission to discuss amending the comprehensive plan update. Peter Gutowsky Planning Manger reported on unincorporated communities. OTHER ITEMS: • Commissioner DeBone met with Commissioner Williams from Lake County yesterday. • County Administrator Nick Lelack presented a draft Letter to DLCD for interim housing on rural lands for consideration by the Commissioners. Commissioner Chang recommended a revision. ADAIR: Move approval of Board signature CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 130CC MEE: INGC; S{ P I! (VIBFIR 29, �021 PAGE 9 OF 10 EXECUTIVE SESSION: At the time of 3:09 p.m. the Board went into Executive Session under ORS 192-660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 3:40 p.m. ADJOURN" Being no further items to come before the Board, the meeting was adjourned at 3:40 p.m. DATED this Day of 2021 for the Deschutes County Board of Commissioners. --- Ai'YtTt. O DEBONE, CHIAMR ATTEST'.. ECORWNG SEC. ETAR ------------- ----------- ML CHAN "'E CHAM ... .... . PATTIADM',4."1k'., C(10--1MW'.'SMONER. BOCC VIE[TING SEPTEIVIBM 29, 2021 PAGE 10 OF 10 A ES C�G2 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, SEPTEMBER 29, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.or� ti t � ti.a:.cz4a © ��-31 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. Effective June 30, 2021, COVID-based restrictions have been discontinued. 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.orR/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, or through in - person attendance at the meeting. Email and Voice Mail 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:OOam on the day of the meeting. CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2021-048, a Resolution Regarding Right of Way Acquisition for Construction of Road Improvements at Hunnell Road between Loco Road to Tumalo Road 2. Consideration of Board Signature of Resolution No. 2021-065, Increasing Appropriations within the Health Services Fund and Extending 6.0 Limited Duration FTE and Adding 1.0 Limited Duration FTE within the Health Services Fund and 2021-2022 Deschutes County Budget. 3. Consideration of Board Signature of Resolution No. 2021-066 Increasing Appropriations and Adding 7.5 FTE within the Health Services Fund and 2021-2022 Deschutes County Budget. 4. Consideration of Resolution No. 2021-067 Transferring Appropriations and Adding 1.0 FTE within the Community Development Department and 2021-2022 Deschutes County 5. Consideration of Resolution No. 2021-070, Setting a Public Hearing for the Surrender of jurisdiction of Portions of Knott Rd, Tekampe Rd, and Stevens Rd to the City of Bend 6. Consideration of Board Signature of Order 2021-038 Appointing County Residents to Two Pools from which the County Clerk Will Select Members of the Board of Property Tax Appeals. 7. Consideration of Board Signature of Order No. 2021-047, Appointing Health Services Director's Designees 8. Consideration of Board Signature of Document No. 2021-746, Amended Bylaws of Deschutes County Public Safety Coordinating Council 9. Approval of Minutes of the September 8, 2021 BOCC Meeting 10. Approval of Minutes of the September 15, 2021 BOCC Meeting September 29, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 4 CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT 11. Consideration of Board Signature of Letter Thanking Jackie Schmid for Service on the Sunriver Service District Managing Board 12. Consideration of Board Signature of Letter Appointing Tony De Alicante to the Sunriver Service District Managing Board RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY ACTION ITEMS 13. 9:15 AM Request BOCC Approval to Apply for ODVA Suicide Prevention Grant 14. 9:30 AM Grant Application Request, Oregon DEQ Community Response Plan for Smoke Implementation 15. 9:45 AM American Rescue Plan Funding Update 16. 10:15 AM COVID19 Update 17. 11:00 AM Discussion and Consideration of Draft Vaccine Requirement for County Employees in Health Services and the Community Justice -juvenile Division LUNCH RECESS 18. 1:OOPM Consideration of Second Reading: Ordinance No. 2021-012 - Marijuana Annual Reporting 19. 1:10 PM Senate Bill 391 / Rural Accessory Dwelling Units 20. 1:30 PM Wildlife Inventory Update -Discussion of Options OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 21. Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations September 29, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 4 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. September 29, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 4 of 4 COMMISSIONERSBOARD OF MEETING DATE: September 29, 2021 SUBJECT: Request BOCC Approval to Apply for ODVA Suicide Prevention Grant RECOMMENDED MOTION: Board approval for the Veterans' Service Office to apply for a $4,000 grant from the Oregon Department of Veterans' Affairs for a suicide prevention campaign. BACKGROUND AND POLICY IMPLICATIONS: The Oregon Department of Veterans' Affairs (ODVA) announced a funding opportunity for the purposes of raising awareness regarding veteran suicide. Suicide rates among Oregon veterans is higher than non -veterans. The grant funds can be used to raise awareness around veteran suicide, help to de -stigmatize behavioral health challenges when asking for help, and for other local work designed to prevent suicide. Deschutes County is eligible to apply for up to $4,000. Veterans' Service Office (VSO) staff and the County's Suicide Prevention Coordinator met and developed the following proposal: Similar to the "I am a Vet" campaign, a video will be produced to de -stigmatize veterans reaching out for help, information about veterans accessing local resources, and help family members of veterans recognize when a veteran needs help. Deschutes County veterans and a family member will be featured in the video. The cost to produce the video is estimated at $1,500. Once produced, the video will be part of an ad campaign to educate veterans and their family members. The ad campaign will include targeted social media, other free media sources, TV buys, and possible billboard(s). The grant funds will first pay to produce the video. The remaining balance will be used for media buys. In addition, the VSO is asking ODVA if carry over funds currently in the VSO budget can be used as additional resources to support the campaign. If the grant application is successful, staff will come back to the Board with a budget adjustment reflecting the additional revenue and expenditures. BUDGET IMPACTS: Up to an additional $4,000 in revenue and expense if grant is successful. ATTENDANCE: Keith MacNamara, Manager, Veterans' Service Office Caroline Suiter, Community Health Specialist III, Suicide Prevention Coordinator Erik Kropp, Deputy County Administrator BOARD OF COMMISSIONERS MEETING DATE: 9/29/21 SUBJECT: Grant Application Request I-a*wT1if, l4i•174 3LT, wIus]kA Move approval of the grant application request, submitting a grant to the Oregon DEQ in the amount of $75,000. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County and the City of Bend were the first to submit and have approved a Community Response Plan for Smoke. As a result of SB 762 the Oregon DEQ received funding that they are utilizing in part to fund a grant program to communities with approved Community Response Plans. Funding can be utilized by local governments for a wide variety of activities related to smoke and health impacts related to smoke, whether from wildfire or prescribed fire. DEQ is offering up to $75,000 of grant funding for these efforts. BUDGET IMPACTS: $75,000 will be provided through an agreement with DEQ, with an expectation of 109,66 matching funds. ATTENDANCE: Ed Keith, County Forester �vCES C 4Q', ?-A Grant Application Request Date: 1. Name of Grant: Oregon DEQ Community Response Plan for Smoke Implementation 2. Deschutes County contact: Ed Keith 3. Funding Agency: Oregon Department of Environmental Quality 4. Grant Amount: $75,000 5. Does the grant require matching funds? ®Yes ONO if yes, how much are the required matching funds and what funds does the department plan to use for matching funds? 10% of the total amount awarded, or $7,500. We will use a combination of staff time and expenses already planned for website maintenance and the text message alert system used for wildfire and smoke information. 6. Grant duration: October 2021 - March 2023 7. Grant application deadline: September 30, 2021 8. Grant description: Public information related to smoke and health -see details in #11. 9. Requested budget (please provide additional line item details under the broad categories listed below): Amount Requested Personnel Services Materials and Services $75,000 Capital Total $7s,000 10. If the grant request includes FTEs, please fill out the table below. Position Title Limited duration or FTEs Notes re ularposition? 11. Other information: This funding is being awarded from DEQ on a non-competitive basis to those communities with approved Community Response Plans. The County Forester will be working in cooperation with Public Health, the Communications Director, several external partners and a public relations firm to increase messaging and awareness of smoke impacts to health and what the public can do to protect themselves from smoke. Memo COIC Date: September 28, 2021 To: Greg Munn, Deschutes County From: Scott Aycock, COIC RE: Project Management for Small Business and Non-profit Grant Funds As discussed in a meeting on Friday, September 24, Deschutes County has expressed interest in having COIC administer another COVID-19 small business and non-profit relief grant program. Our understanding is that the Board of County Commissioners would like to "make whole" any businesses that have not yet had their lost revenues or cost overruns addressed through prior grant programs (including local grant programs administered by COIC or other parties, programs administered by the State of Oregon, or federal programs such as the Paycheck Protection Program (PPP) or Economic Injury Disaster Loans (EIDL). COIC proposes a similar approach to prior grant programs: Outreach In coordination with the Deschutes County Public Information Officer, outreach through: • COIC's small business database, chambers of commerce email lists, and other relevant partner email lists. • Via Press Release • By posting on the COIC and Deschutes County websites (COIL adds a banner to the front page with a link to the grant page) Grant Criteria The grant would be marketed as available to those businesses and non -profits that can demonstrate revenue losses or cost overruns attributable to the COVID-19 pandemic and associated regulations — specifically, the net amount of loss or cost that has not been addressed by other funding programs. Applicants would be required to provide financial documentation (e.g. tax returns, Profit & Loss or other financial statements, etc.), as well as a list of grants and amounts that they have received. Costs must also meet the requirements as referenced in the ARPA Interim Final Rule (see pp. 26794-26795 of the Federal Register: https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10283.pdf). Furthermore: - Any business would be eligible to apply - Chambers of Commerce would be eligible — these entities have been ineligible for prior grant programs. Other non -profits, such as veteran's service organizations [501(c)(19)], which were not eligible for prior awards, are also eligible. Applicants would be eligible to receive up to the total amount that would address their total net cost overruns or lost revenues from March 1, 2020 to the date of application. The BOCC may elect to fund less than this amount. Grant application COIC would again partner with OSU-Cascades Innovation Co -Lab to manage online application and digital file management for all application files. The application would be placed on COIC's grants page: www.coic.org/grant and COIC and OSU Co -Lab staff would be responsible for reviewing applications for eligibility. Grant Timeline We propose an open grant application (no closing date), with the following timeline (the actual timeline will start once the US Treasury Department Final Rule for ARPA is published, expected soon): - Week of September 27: finalize the Agreement between COIC and Deschutes County - Week of October 4: finalize criteria and paperwork requirements; build the new grant application - By October 13: complete and launch outreach materials. - October 15: grant application goes live - November 5: Complete first round analysis of grant applications and send a report to the Deschutes County BOCC with # of eligible businesses and award amounts. - November 10: Deschutes County BOCC makes a determination on total award amounts and approves funding - By week of November 22, checks are cut and mailed. - If desired by the Deschutes County BOCC, continue to receive grant applications and batch them for review and payment. Cost COIC proposes the following cost: Program start-up and first batch of grants and check distribution: Not to exceed $35,000. Future grant batches: If future rounds are desired, COIC will prepare an estimate for those processes. Sincerely, Scott Aycock COIC, CED Director 541-548-9523 scotta@coic.org COIC Memo September 28, 2021 2 MEETING DATE: September 29, 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. Update and proposal from COIC on the Small Business Assistance project. 2. Request formal approval of the $82,000 funding of the Mobile Cold Storage Unit. 3. 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 '6 M O M O O O O O O O O O © O O O O U O N O O O O CS 0 Ln oNo tt rn 1-40 0 0 C01 't © M m G M N d 0 0 0 0 0 0 0 o a o 0 0 0 0 0 o a g 0 0 0 o Ln eo 5 G 0 0 0 0 0 0 0 0 io O cc CDO O C M O O O C O O O M O C 0 O C H 0)O C 0 0 0 O O O O M 0 0 0 0 0 0 Ln 0O O©© O O LD CD m 0) a O O 00 cc O O Ln O O O Ln 00 lD n 00 Ln O O O Ln 00 a N LA y 00 0 LA Ln N w rn en m Lf tV .-i c-i M Ln rn Ln M M N Ln Cr N 1 It 00 O d c u w ° 'c 3 c +� o o u � � a � v r_ a � CL c C W O ` c `O y m in p c O ° u C m v a, ar 111 N N N V C N yO u Y L L L L Q 3 N u u a a a a ° of C N d ,m 3 .`� -= 0 p m c c c c N .0. 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(E Q 1= CO co 4W Ln 9 Ln co jc 7=Z A CIS W) M 21fr AArLK CIL 0 0 m CC C) 4-1 c -r Jc E (Mll CL>c Ln aj > (011) 0 it: I T3 C' u c 0 cu 0 Lill 0 MC 0 Q'i V* 0 4-Ij 0 GO @) di" CID 64, C U, 4-4 rQ CIL. 0 41--� E co, 0 0 0 E 0 0 E E E 0 E 0 0 0 Ul >� vq' VI 0 ai f'O 70 VI0 Qj E aj -00, a � , s _ s � YA t� tL 4 , t.:: .. � � s s u w Ln �y m ® 0JS3 a 7— ui _0 w • a- 1 ® C.J � • o O " .® iAc u to CA U CD LL Ln N ® Ln BOARD OF COMMISSIONERS MEETING DATE: September 29, 2021 SUBJECT: Discussion and Consideration of Draft Vaccine Requirement for County Employees in Health Services and the Comm unity Justice -Juvenile Division RECOMMENDED MOTION: County Administrator signature of the Temporary Policy for Covid-19 Vaccination Requirement for County Personnel in Impacted Departments BACKGROUND AND POLICY IMPLICATIONS: This item is continued discussion from the September 15, 2021 Board meeting on the topic of the draft vaccine requirement policy. Last month Governor Kate Brown made an announcement regarding vaccination requirements for health care and school workers. Following this announcement, the Oregon Health Authority issued two temporary administrative orders: OAR 333-019-1010: COVID-19 Vaccination Requirement for Healthcare Providers and Healthcare Staff in Healthcare Settings (attached). A "healthcare setting' has a very broad definition and is any place health care, including physical or behavioral health care is delivered. It does not include a person's private home if the home is not otherwise licensed, registered or certified as a facility or home. OAR 333-019-1030: Vaccination Requirements for Teachers and School Staff (attached). Under the OAR, the Juvenile Detention Center falls under the definition of school because the youth attend education class at the location. To implement these two OARs, a small workgroup of County staff worked and developed a draft policy for Board consideration (attached). The option to get tested weekly in lieu of vaccination has been removed - this was an option when the vaccine requirement was first announced. There are two exceptions to getting a vaccination: a medical exception (corroborated by a document signed by a medical provider) or a religious exception (corroborated by a document signed by the individual explaining how their sincerely held religious belief conflicts with getting vaccinated). For staff who receive one of these exceptions, we will need to take reasonable steps to ensure that the unvaccinated staff person is protected from contracting and spreading COVID-19. Employers who violate any provision of this rule are subject to civil penalties of $500 per day per violation. AFSCME, the union representing staff in Health Services and the Juvenile Division, have a right to bargain the impacts of the policy and have been provided the draft policy. BUDGET IMPACTS: None. ATTENDANCE: Deputy County Administrator Erik Kropp . t� i w5 ,. ESCtip, i.#.. t,f,\fit\A�kl,. f.}rA.,. r\.t t,/,ii'�( iV1, TEMPORARY POLICY FOR COVID-19 VACCINATION REQUIREMENT FOR COUNTY PERSONNEL IN IMPACTED DEPARTMENTS **DRAFT — Sept. 22, 2021** STATEMENT OF POLICY The intent of this temporary policy is to establish a process to comply with the Oregon Health Authority, Public Health Division OAR 333-019-1010 (healthcare setting) and OAR 333-019-1030 (school setting) pertaining to vaccination requirements for personnel in healthcare and school settings to control the spread of COVID-19. This policy will be in effect as long as the OHA temporary rules are in effect. APPLICABILITY This policy applies to all Deschutes County personnel (excluding the Sheriffs Office), including but not limited to employees, temporary and/or contracted staffing, contractors, interns, and volunteers (collectively, "personnel"), whose work duties or activities occur in a healthcare setting or a school setting within Deschutes County. The Sheriffs Office will create and implement its own policy concerning personnel in the Sheriffs Office. DEFINTIONS "COVID-19 vaccine" means a vaccine authorized to prevent COVID-19 by the federal Food and Drug Administration, including by way of an emergency use authorization. "Healthcare setting" means any place where health care, including physical or behavioral health care is delivered. "Personnel in a healthcare setting" means individuals, paid and unpaid, working, learning, studying, assisting, observing or volunteering in a healthcare setting where direct patient or resident care is provided or where personnel have the potential for direct or indirect exposure to patients, residents, or infectious materials. It includes, but is not limited to, unlicensed caregivers, and any clerical, dietary, environmental services, laundry, security, engineering and facilities management, administrative, billing, student and volunteer personnel who regularly work or perform services in a healthcare setting. "Personnel in a school setting" means personnel in the juvenile justice Division of the Community justice Department. "School setting" refers to the juvenile Detention Center where schooling and related services are provided to juvenile detainees. "Fully vaccinated" means (1) a period of at least two weeks has elapsed since a person has completed the entire recommended series of a COVID-19 vaccine, and (2) the, person has provided proof of vaccination in a form consistent with the requirements for verification of vaccine status as communicated by Deschutes County. "Partially vaccinated" means (1) a person has received (i) one dose of a two dose recommended series of a COVID-19 vaccine or (ii) the complete recommended series of a COVID-19 vaccine but it has not been at least two weeks since the person has completed the entire recommended series, and (2) the person has provided proof of vaccination in a form consistent with the requirements for verification of vaccine status as communicated by Deschutes County. "Proof of vaccination" means documentation that includes an individual's name, date of birth, type of COVID-19 vaccination given, date or dates given, depending on whether it is a one -dose or two -dose vaccine, and the name/location of the health care provider or site where the vaccine was administered. Documentation may include but is not limited to a COVID-19 vaccination record card or a copy or digital picture of the vaccination record card, or a print-out from the Oregon Health Authority's immunization registry. "Operational Compliance Plan" is a written plan developed by the Community justice - juvenile Division required for school settings. The plan must identify the positions, temporary staffing, contractors, interns, and volunteers subject to this policy and state -mandated Covid-19 vaccination requirements; address continuity of operations while implementing this policy; and outline communication procedures for implementing this policy and addressing any changes to the plan. 2a POLICY AND PROCEDURES In General: This policy is issued as an emergency measure to comply with OAR 333-019-1010 and OAR 333-019-1030 based on the requirement that employers adopt such policies and based on the significant rise of COVID-19 cases and hospitalizations among the unvaccinated due to the Delta variant. County departments are responsible for ensuring that all personnel impacted by State -mandated vaccination requirements comply with this policy. To protect County personnel and the community the County strongly encourages all personnel to be fully vaccinated. County personnel may obtain the COVID-19 vaccine at a County Health System vaccination site or through another location of their choosing. With prior supervisor notification, County employees may obtain the COVID-19 vaccination while on County time. Information on the COVID-19 vaccines and how to obtain vaccination is available on the Deschutes County COVID-19 Vaccine webpage. A. Vaccination Requirements • Health Services Department - all personnel are required to be vaccinated. • Community Justice Department - Juvenile Division -all personnel are required to be vaccinated. The department must have an Operational Compliance Plan as required by OAR 333-019-1030 governing school settings. • Facilities Department - all personnel are strongly encouraged to be vaccinated and provide this documentation to HR. The Facilities Department will develop an operational plan on how Facilities Department staff will perform work in healthcare and school settings to meet the requirements of this policy. • IT Department - all personnel are strongly encouraged to be vaccinated and provide this documentation to HR. The IT Department will develop an operational plan on how IT Department staff will perform work in healthcare and school settings to meet the requirements of this policy. • Other County Departments - staff are strongly encouraged to be vaccinated. 31Pap,,, B. Controlling the Spread of Covid-19 in Healthcare and School Settings Health Services Department Facilities: Any unvaccinated personnel entering a Health Department Facility must wear a K/N-95 mask. • The IT and Facilities Departments will develop an operational plan to prioritize sending vaccinated personnel to work in a healthcare setting (for example, a Facilities Department staff responds to a work order in a Health Services Department facility). • Personnel outside of the Health Services Department working in a healthcare setting are required to be vaccinated unless their work is intermittent (less than an hour); they are working outside of business hours; or the department performing the service (such as IT or Facilities) works with Health Services on a safety plan to mitigate risks. This may include personnel wearing a K/N-95 mask, physical distancing, pre -planning visits, eliminating/minimizing crossing paths with clients receiving health care, etc. Community Justice -juvenile Division Facilities: • Any unvaccinated personnel entering a Juvenile Division Facility must wear a K/N-95 mask. • The Juvenile Division facility meets the definition of a healthcare and school setting. • The IT and Facilities Departments will develop an operational plan to prioritize sending vaccinated personnel to work in the Juvenile Division facility (for example, IT staff responds to a work order to fix a computer). • Personnel outside the Juvenile Division working in the Juvenile Division facility are required to be vaccinated unless their work is intermittent (less than an hour); they are working outside of business hours (this only applies to the second floor; it does not apply to the Juvenile Detention Center); or the department performing the work (such as IT or Facilities) works with the Juvenile Division on a safety plan to mitigate risks. The safety plan may include the personnel wearing a K/N-95 mask, physical distancing, pre -planning visits, eliminating/minimizing crossing paths with clients, etc. 41 Pa 1, e C. Vaccination Deadlines By October 18, 2021, personnel subject to this policy and the State -imposed mandates concerning Covid-19 vaccinations must be fully vaccinated or have submitted a request for exemption to Human Resources pursuant to Section D below or are in process of becoming fully vaccinated as outlined in the "Implementation of the Vaccine Requirement" MOU with AFSCME. If a person will not work for an extended period due to a leave of absence (such as for FMLA leave), they may contact their department head or designee to request a deferral of the vaccination requirements until they return to work. But they must be fully vaccinated or have submitted a request for exemption by the time they return to work. Requests for exemption must be submitted pursuant to Section D, below. If a person's request for exemption is not approved, they must be partially or fully vaccinated within 14 days and fully vaccinated within 8 weeks of when they were notified that the request was not approved. Personnel who are subject to, and who fail to comply with this policy are subject to release or discharge from employment. County Contractors who fail to comply with this vaccination or exemption requirement may be barred from healthcare or school settings and not allowed to perform services for the County. In addition, the County may, as appropriate, suspend or terminate the applicable County contract. The HR Department shall create a process for staff to provide proof of vaccination status. D. Limited Exemptions to Vaccination Requirement 1. Limited Exemptions for County Personnel The County provides reasonable accommodation as required by applicable law for the known physical or mental impairments or sincerely held religious beliefs of otherwise qualified individuals unless doing so would impose an undue hardship. Personnel subject to this policy may request a 5)f'(Jpi reasonable accommodation to the vaccination requirements imposed by this policy if they: a. Have a contraindication recognized by the U.S. Centers for Disease Control and Prevention (CDC) or by the vaccine's manufacturer to every approved COVID-19 vaccine. A contraindication means a condition that makes vaccination medically inadvisable; b. Have a disability and are requesting an exemption as a reasonable accommodation; or, c. Object to COVID-19 vaccination based on their sincerely -held religious belief, practice, or observance. 2. To seek a reasonable accommodation from the vaccination requirements in this policy, personnel subject to this policy should: a. Notify their supervisor of their request and obtain a copy of the appropriate request form from Human Resources, Deschutes.org/hr. The available forms are: I. Medical Exemption and/or Disability Accommodation Request Form II. Religious Accommodation Request Form b. Complete and submit the applicable form(s) to the Deschutes County Human Resources Department at Benefits@deschutes.org. If an individual is granted an exception to the vaccination requirement under Section D of this policy, Deschutes County must take reasonable steps to ensure that unvaccinated individuals are protected from contracting and spreading COVID-19. Human Resources, in coordination with the department in which the person requesting the exemption works or provides services, will work with the person to assess whether any reasonable accommodation would allow the person to fulfill the essential job functions, unless doing so would impose an undue hardship. 61 P i g f;, To identify a reasonable accommodation, Human Resources will work with impacted departments to identify a list of recommended or qualifying accommodations that do not adversely impact department operations. The HR Department will engage with the individual in an interactive process to attempt identify a reasonable accommodation as required under applicable law. If such an accommodation is granted, Human Resources will notify the requesting person and their supervisor of the approval and the associated expiration date. If a request for accommodation is denied, Human Resources will notify the person and their supervisor. If the person is not satisfied with the decision/results of the accommodation request and interactive process, they can make a written appeal to the Deputy County Administrator within 10 business days of receiving the decision. The Deputy County Administrator shall issue a written response within 14 business days of receiving the appeal. E. Policy Communication Timely attention to ensure compliance with these requirements is essential to the County's efforts to control the spread of COVID-19 and to comply with public health recommendations. Employees, contractors, interns, and volunteers may direct any questions to their department head or designee(s). If a department has any questions or concerns about these requirements, it may contact Deputy County Administrator Erik Kropp. Approved by the Board of County Commissioners [DATE]. Tom Anderson County Administrator 71Patt, Implementation of the Vaccine Requirement for Employees in Healthcare and School Settings Memorandum of Understanding (MOU) between Deschutes County and American Federation of State, County and Municipal Employees (AFSCME) - Local 3997 The purpose of this MOU is to outline the steps the County will take to implement OAR 333- 019-1010: COVID-19 Vaccination Requirement for Healthcare Providers and Healthcare Staff in Healthcare Settings and OAR 333-019-1030: Vaccination Requirements for Teachers and School Staff. This MOU is the result of bargaining the impacts of implementing OARS 333-019-1010 and 333-019-1030. Agreement By October 18, 2021, personnel subject to this policy and the State -imposed mandates concerning Covid-19 vaccinations must be fully vaccinated or have submitted a request for exemption to Human Resources pursuant to Section D of the "Temporary Policy for Covid-19 Vaccination Requirement for County Personnel in Impacted Department' or be in process of becoming fully vaccinated as outlined in this MOU. 2. The following is a definition of "in the process of becoming fully vaccinated:" a. Received a first shot vaccine of Moderna, Pfizer, or Johnson and Johnson and submitted proof to HR no later than October 18, 2021. b. If the employee received a first shot of Moderna, the employee must receive the second dose of Moderna within 5 weeks of the first dose. c. If the employee received a first shot of Pfizer, the employee must receive the second dose of Pfizer within 4 weeks of the first dose. 3. Pursuant to OARs 333-019-1010 and 333-019-1030, employees who are in the process of becoming fully vaccinated, but are not yet fully vaccinated, cannot work in a healthcare or school setting. Until the employee is fully vaccinated, HR and the department in which the employee works will develop a plan specific to the circumstances and needs of the department in a good faith effort to maintain the employment of the employee until the employee becomes fully vaccinated. Such a plan may include, but will not be limited to, remote worK, worK from a non- healthcare/non-school setting, use of accrued leave, or use of unpaid leave. Any such plan must be compliant with OAR 333-019-1010 and 333-019-1030. For Deschutes County County Administrator For AFSCME AFSCME Council Representative September 29, 2021 Date Date 0A ES CQ COMMBOARD OF II MEETING DATE: 9/29/2021 SUBJECT: Senate Bill 391 / Rural Accessory Dwelling Units BACKGROUND AND POLICY IMPLICATIONS: The purpose of this work session is to begin to address the first batch of decisions/interpretations pertaining to SB 391, as outlined to the Board of County Commissioners previously on September 1, in order to begin creating legislative amendments to allow accessory dwelling units in rural residential exception areas. BUDGET IMPACTS: None ATTENDANCE: Peter Gutowsky, Planning Manager Tanya Saltzman, Senior Planner a,<,I t�V I-IT1141L7T1 ki1711LT, TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager Tanya Saltzman, AICP, Senior Planner DATE: September 23, 2021 SUBJECT: Senate Bill 391 / Rural Accessory Dwelling Units The purpose of this work session is to begin to address the first batch of decisions/interpretations pertaining to SB 391, as outlined to the Board of County Commissioners (Board) previously on September 1,' in order to begin creating legislative amendments to allow accessory dwelling units in rural residential exception areas. As noted in previous meetings, although implementation ultimately cannot take place until the adoption of statewide wildfire hazard maps in June 2022, there are numerous other provisions of the law that must be addressed at the County level, each with varying degrees of complexity. The first set of proposed decisions/interpretations are listed below, and are interpretations that staff believes can be made directly by the Board. Desired outcomes: The Board may choose to make decisions on some or all of these criteria during this meeting, or they may choose to request additional information or continue the discussion to a later date. Staff reiterates that decisions made during this process are not necessarily the final iteration of the eventual code amendments, but rather a starting point to allow staff to develop appropriate legislative amendments for the subsequent public process. A. Criteria that can be determined directly by the Board Topic Description Decision Point/Action 1. ADU Square ADUs cannot include more than 900 Define "useable floor area" Footage square feet of "useable floor area." The definition of "useable floor area" is not provided in SB 391. Staff researched similar definitions from other jurisdictions, which largely were more complex, including provisions for stairs, lavatories, etc. The https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-11 County Building Safety Division also examined these other examples and determined that a simpler definition would be preferred and would more closely echo what is currently used in the division without issue. This resulted in two options: 1. Useable Floor Area: The area included within the surrounding insulated exterior walls. 2. Useable Floor Area: The area included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers. It is important to note that SB 391 allows additional restrictions to be placed on garages and other outbuildings related to the ADU. The question of if/how to regulate garages can be discussed at a later date, but it is important to be aware of this option when determining the definition of "useable floor area." Staff suggests beginning with the second option, and modifying as needed should a subsequent discussion concerning garages require it. Topic Description Decision Point/Action Determine whether the ADU in The ADU is required to be located no its entirety must be within 100 2. ADU Distance farther than 100 feet from the existing feet of the existing single - Requirements single-family dwelling. family dwelling or just a portion. Staff is not aware of any documentation of legislative intent regarding if the ADU must be fully within a 100-foot distance, or only a portion, and thus leaves this interpretation to the Board. Obviously, requiring the ADU to be fully within 100 feet of the primary dwelling is more restrictive and presents fewer siting options, particularly when considering other elements such as driveways, wells, and other features, but condensing the development area may have advantages with respect to compatibility. Topic Description Decision Point/Action ADUs cannot be allowed for vacation Determine how to enforce (i.e. 3. ADU Occupancy occupancy restrictive covenant or other?) Deschutes County does not currently regulate short-term rentals, so this provision will entail creating a new process. SB 391 states that the ADU cannot be used for vacation occupancy; it does not specify any restrictions on the single-family dwelling or how to enforce or record the prohibition.' The Board may choose to: • Require a restrictive covenant to be recorded on the property stating that the ADU shall not be used for short-term rentals. Z The Deschutes County Planning Commission on September 9, 2021 as staff debriefed them on SB 391, respectfully asked the Board to consider whether it was appropriate to also prohibit the primary dwelling for short-term rentals given Central Oregon's housing challenges. -2- Require a restrictive covenant to be recorded that also requires the primary dwelling shall not be used for short-term rentals. Enforcement: the assumption is that short-term rental enforcement would be governed by the same complaint -based process as all other land uses in the County. Topic Description Decision Point/Action A county may require that an ADU be served by the same water supply source Determine if the county should 4. ADU Water Supply or water supply system as the existing require the ADU to be served single-family dwelling, provided such is by the same water supply allowed by an existing water right or a use under ORS 537.545 (exempt uses). Staff has reached out to Oregon Water Resources Department on this matter and awaits guidance. Topic Description Decision Point/Action S. ADU Setback The ADU is required to have adequate setbacks from adjacent lands zoned Define "adequate setbacks" Requirements Exclusive Farm Use (EFU) or Forest Use. Staff recommends "adequate setbacks" from resource lands be defined as 100 feet. This distance is used elsewhere in Deschutes County Code for similar siting standards, such as in the MUA-10 zone for the required distance between a dwelling and lots or parcels receiving special assessment for farm use. Topic Description Decision Point/Action While not part of the text of SIB 391, the county may decide to process rural ADU applications ministerially or as a limited Decide preferred procedure 6. Decision Type land use decision. This will have an for processing applications effect on the requirements set forth in the code. The type of decision will determine the language in the code governing requirements on more complex issues. 1. Ministerial Decision. This type of decision entails that the amendments are structured with clear and objective standards for ADU applications, require no discretion from staff, and as such would not be subject to public notice or public hearings requirements. -3- 2. Limited Land Use Decision. Limited land use decisions can, if desired, be structured so notice of application is sent to neighboring property owners. Regardless, these types of decisions require a mailed notice of decision to neighbors and those who have standing by commenting on an application. The land use decision can be appealed to a Hearings Officer and/or the Board. One provision of SB 391 can help illustrate the comparison between a ministerial decision and a limited land use decision: ADU / Access & Evacuation Requirements. SB 391 requires that each ADU have adequate access for firefighting equipment, safe evacuation and staged evacuation areas. Legislative amendments structured for a ministerial decision will require clearly and objectively defining these terms. Based on those definitions, an applicant could then submit the requisite documentation as part of a complete application. Alternatively, for a limited land use decision, amendments can require that an applicant demonstrate subject to discretionary criteria that adequate access, safe evacuation and staged evacuation areas are provided. Fulfilling this obligation would then be a condition of land use approval prior to issuing a building permit. The Board may want to consider deferring this decision until they begin to address the criteria that would likely be directly affected by the decision type —for instance, the access and evacuation requirements. Topic Description Decision Point/Action 7. Wildlife Area The introduction of rural ADUs in certain Decide if rural ADUs should be Combining Zone areas could require analysis relating to allowed in Wildlife Area Compatibility Goal 5 wildlife resources. Combining Zones While not specifically addressed in SB 391, the Board may want to consider compatibility of rural ADUs with the Wildlife Area (WA) Combining Zone and decide if ADUs should or should not be allowed to be built in the WA zone. Under a separate process, the Board is considering if it will choose to update some of its existing wildlife inventories. B. Next Steps Staff seeks direction from the Board for its desired approach to the elements of the law as described above. Staff will return to the Board with follow up information on the above elements if necessary, or with a new batch of criteria at a later date. -4- )A ES n�BOARD OF COMMISSIONERS MEETING DATE: 9/29/2021 SUBJECT: Wildlife Inventory Update - Discussion of Options BACKGROUND AND POLICY IMPLICATIONS: Staff is providing the Board of County Commissioners with a "roadmap" of potential options pertaining to a wildlife inventory update. On August 30, 2021, the Board received a summary of the public outreach effort for the first phase of the wildlife inventory update project, which was funded by a Department of Land Conservation and Development (DLCD) Technical Assistance Grant. A subsequent phase could potentially take several different forms, which are outlined in the attached memorandum for Board consideration. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner, Community Development MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: September 23, 2021 SUBJECT: Wildlife Inventory Update - Discussion of Options Staff is providing the Board of County Commissioners (Board) with a "roadmap" of potential options pertaining to a wildlife inventory update. On August 30, 2021, the Board received a summary of the public outreach effort for the first phase of the wildlife inventory update project, which was funded by a Department of Land Conservation and Development (DLCD) Technical Assistance Grant.' A subsequent phase could potentially take several different forms, which are outlined in this memorandum for Board consideration. Desired outcomes: 1. Select Option 1, 2, or 3 (see Section III below) for wildlife inventory next steps. 2. Determine potential use restrictions (see Section IV below). Staff recognizes that this memorandum presents a large amount of information; if the Board chooses, staff can return in October to allow the Board ample time to review the options more thoroughly. I. Wildlife Inventory Update - Overview The majority of the County's Goal 5 wildlife inventories were last updated in the early 1990s and no longer reflect the best available data for wildlife habitat. As Deschutes County's population grows and with it, development pressure increases, it is important for these inventories to be based on the best available data for avoidance and minimization to wildlife and their habitats, recognizing that wildlife protection and rural development expectations do not have to be mutually exclusive. For the initial phase of the project, the County engaged the public to present updated state and federal biological data and then gauge general interest in updating three inventories into the Comprehensive Plan that were selected by a team of wildlife biologists with experience in the 1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-12 County: mule deer winter range, elk winter range, and sensitive birds (golden and bald eagles). The process of updating wildlife inventories are governed by Oregon Administrative Rules (OARS) Chapter 660, Division 23. 11. Proposed Inventory Data Summary Below is a brief summary of each proposed inventory,Z including a breakdown of federal versus non-federal lands, which illustrates land that the County has jurisdiction over, as well as a breakdown of land by zone. Selected illustrative maps are presented as appendices. A. Mule Deer Winter Range • Existing mule deer winter range covers approximately 315,947 acres • Proposed additional area covers 188,132 acres, resulting in a potential total of 503,979 acres • Oregon Department of Fish and Wildlife (ODFW) is very concerned because the Central Oregon population is declining at a rate of 10 percent a year • Mule deer populations are at 55 percent of their management objective Additional proposed area covers 188,132 acres: • 113,262 acres (61 %) are on federal land • 74,870 acres (39%) are on non-federal land Non-federal Land • 54,474 acres (3,619 tax lots) zoned Exclusive Farm Use • 915 acres (12 tax lots) zoned Forest Use • 9,358 acres (1,635 tax lots) zoned Rural Residential • 7,597 acres (1,529 tax lots) zoned Multiple Use Agriculture B. Elk Winter Range • Existing elk winter range covers approximately 51,717 acres • Proposed additional area covers 359,493 acres, resulting in a potential total of 411,190 acres • According to ODFW, elk populations in Central Oregon have grown slightly the last 10 to 20 years. Additional proposed area covers 359,493 acres: • 225,171 acres (63%) are on federal land • 134,322 acres (37%) are on non-federal land Non-federal Land • 59,793 acres (3,801 tax lots) zoned Exclusive Farm Use 2 https://secure.sos.state.or.us/oard/displayDivisionRuIes.action?selected Division=3073 -2- 31,164 acres (1,128 tax lots) zoned Forest Use 29,976 acres (13,365 tax lots) zoned Rural Residential 7,554 acres (1,540 of tax lots) zoned Multiple Use Agriculture C. Sensitive Bird Habitat (Golden and Bald Eagles) • Existing inventory of consists of 5 bald eagle nests and 25 golden eagle nests • Proposed inventory totals 116 bald eagle nest and 103 golden eagle nest locations • According to U.S. Fish and Wildlife Service, the increased numbers of nests "do not necessarily correspond to increased eagle success or upward population trends." • Survey methods and survey efforts have greatly increased over the past several decades, resulting in several alternative nest sites per territory • Recommended "awareness" buffer for golden eagle nests is now 2 miles (previously'/a mile); it is important to note that this represents a different way of illustrating inventory area than that of mule deer and elk, which are not based on individual data points Additional proposed area covers 344,777 acres: • 213,296 acres (62%) are on federal land • 131,481 acres (38%) are on non-federal land Non-federal Land • 83,575 acres (4,649 tax lots) zoned Exclusive Farm Use 4,368 acres (161 tax lots) zoned Forest Use 10,435 acres (1,969 tax lots) zoned Rural Residential 13,325 acres (3,385 tax lots) zoned Multiple Use Agriculture D. Composite of Total Acreage The following data combines all three existing and proposed inventories together, first separated by federal versus non-federal land, and then within the non-federal land, the associated zones. Note that areas of the three inventories frequently overlap, so the composite is not necessarily the same as the sum of each of the three individual inventories. • 630,926 acres (70%) are on federal land • 267,603 acres (30%) are on non-federal land Non-federal Land • 119,796 acres (5,494 tax lots) zoned Exclusive Farm Use • 56,647 acres (1,264 tax lots) zoned Forest Use • 34,494 acres (14,518 tax lots) zoned Rural Residential • 16,264 acres (3,806 tax lots) zoned Multiple Use Agriculture Conversely, the below numbers indicate the amount of land in unincorporated Deschutes County (non-federal land) that does not contain Goal 5 wildlife inventories and as such has no additional wildlife -related development criteria, either presently or with adoption of proposed new inventories. -3- 95,737 acres (10,318 tax lots) on non-federal land do not contain Goal 5 wildlife inventories: • 65,314 acres (2,241 tax lots) zoned Exclusive Farm Use • 7,193 acres (54 tax lots) zoned Forest Use • 8,174 acres (3,334 tax lots) zoned Rural Residential • 9,956 acres (2,406 tax lots) zoned Multiple Use Agriculture As noted above, the methodology for calculating sensitive bird inventory area varies compared to the other two inventories; the methodology for the new sensitive bird inventories includes a two- mile buffer, which may not reflect actual future development constraints. III. Wildlife Inventory Roadmap - Options As stated previously, the process for updating a Goal 5 wildlife inventory is prescribed by OARS. In addition, Oregon counties rarely, if ever, undergo the process to update existing wildlife inventories because, unlike cities, they are not required to comply with periodic review.' By choosing to undertake a Goal 5 wildlife inventory update, Deschutes County will be moving forward with a rarely -utilized and admittedly, complex process that, while a significant effort, can hopefully provide an example of best practices for other jurisdictions as well as the County for future efforts. Given the newness of the process cited above as well as further details noted below, staff offers three options to move forward, with further details and discussion on each option below: Option 1 Select one of the three inventories to update the Comprehensive Plan and Zoning Code as a pilot project as a model for future inventory updates following the completion of the Comprehensive Plan Update. Option 2 Select two of the three inventories to update as a pilot project. Option 3 Initiate the wildlife inventory updates following the completion of the Comprehensive Plan Update. A. Option 1: Select one of the three inventories to update now Due to the complexity and relative novelty of the process, the potential interaction with other high - priority planning efforts (such as implementation of SB 391 for rural accessory dwelling units), and a desire to establish and vet a process both with the state and with the public, the Board could 3 Periodic Review is a term used in Oregon law to describe the periodic evaluation and revision of a local comprehensive plan. Prior to 2003, state law (ORS 197.628 - 636) called for counties to review their comprehensive plans according to a periodic schedule established by the Land Conservation and Development Commission (LCDC). The Oregon Legislature eliminated periodic review requirements for counties in 2003 (SB 920). -4- direct staff to begin an update of one of the three inventories. This would enable staff to proceed in a manner that perfects the process as much as possible before embarking on other updates, which in turn would be likely to be more efficient after the first effort is successfully completed. If this option is selected, staff suggests updating the mule deer inventory due to the species' visibility in the county, the noted decline in population, and the most robust new data. Associated Tasks • Amend Deschutes County Comprehensive Plan and Zoning Code to update the mule deer winter range • Conduct 2 to 3 open houses (virtual) with the Planning Commission • Initiate 4- to 6-month legislative amendment process B. Option 2: Select two of the three inventories to update now Elk winter range data, while not quite to the same level of detail as mule deer, are extensive and represent another highly visible population within Deschutes County. Staff has the capacity to perform this task and presumes that the process for updating the elk winter range would be similar to that of the mule deer; nevertheless, updating these two inventories would extend the timeline necessary to complete an update. It is important to note that staff anticipates the process for updating sensitive bird inventories would be significantly more complex than that of the ungulates, due to the number of individual nesting sites that need to be evaluated (over 200 in total). For this reason, staff offers for Board consideration that the sensitive bird inventory update be reserved until a process is vetted and deemed successful by the completion of a "simpler" inventory update. Associated Tasks • Amend Deschutes County Comprehensive Plan and Zoning Code to update the mule deer and elk winter ranges • Conduct 4 to 6 open houses (virtual) with the Planning Commission • Initiate 6- to 8-month legislative amendment process C. Option 3: Initiate the wildlife inventories following the completion of the Comprehensive Plan Update, expected in FY 2024/2025 Deferring the inventory updates until after the Comprehensive Plan update is complete would potentially allow the Board to more fully analyze land development patterns, opportunities and constraints prior to the inventory updates. The Comprehensive Plan update would likely address general goals and policies pertaining to wildlife resources, but the specific inventory update process would take place after those goals and policies are adopted, likely in FY 2024/2025. -5- IV. Considerations for all options - use restrictions One aspect of a wildlife inventory update of any scale would involve determining what uses, if any, might be conflicting and considered as a prohibited use in the proposed new areas. It is important to underscore that just because a use is "conflicting' does not require it to be prohibited in a wildlife inventory. Local overnments get to choose consistent with OAR Chapter 660 Division 23. The current Wildlife Area (WA) Combining Zone does not permit the following uses in those portions designated as deer winter ranges, significant elk habitat, and antelope range:4 Existing Prohibited Land uses in Deer and Elk Winter Ranges 1. Golf course, not included in a destination resort; 2. Commercial dog kennel; 3. Public or private school; 4. Bed and breakfast inn; 5. Dude ranch; 6. Playground, recreation facility or community center owned and operated by a government agency or a nonprofit community organization; 7. Timeshare unit; 8. Veterinary clinic; 9. Fishing lodge. In 2009, the Oregon Department and Fish and Wildlife (ODFW), U.S. Fish and Wildlife Service, Bureau of Land Management, and the U.S. Forest Service, collaborated to provide a report on wildlife in Deschutes County titled, "Updated Wildlife Information and Recommendations for the Deschutes County Comprehensive Plan Update" (Interagency Report). It provided updated information to be used in revising County Goal 5 wildlife inventories. Staff coordinated with ODFW and they reconfirmed that those uses listed in the Interagency Report be prohibited in mule deer and elk winter ranges because of their high human use and disturbance levels: ODFW Proposed Land Uses to be Prohibited in Deer and Elk Winter Ranges • Guest ranch • Outdoor commercial events (i.e. wedding venues) • Off -Highway Motor Vehicle (OHV) course • Paintball course • Shooting range • Model airplane park • BMX courses (ODFW notes that this category could potentially include other types of bikes, i.e. mountain bike courses) 4 https://deschutescounty.municipalcodeonline.com/book?type=ordinances#name=CHAPTER_18.88_WILDLI F E_AR EA_C O M BIN I N G_ZO N E;_WA -6- The following additional uses, not cited in the Interagency Report, are subsequent recommendations from ODFW to preclude in deer and elk winter ranges: • Solar farms • Commercial camping areas • RV park areas • Wind farm development A. Consideration of Conflicting Uses For any chosen inventory update process, the Board should consider if it would like to: 1. Carry over existing WA Combining Zone prohibited uses to the new proposed mule deer and/or elk winter ranges; 2. Prohibit any or all of ODFW's recommended prohibited uses in the new proposed mule deer and/or elk inventory area(s); 3. Add any or all of ODFW's recommended prohibited uses to the existing WA Combining Zone related to mule deer and/or elk winter ranges. Board recommendations on the above items can serve as a starting point for legislative amendments and any use prohibitions can ultimately be revisited during the legislative public hearing process. Staff will prepare findings for the subsequent legislative amendments to support the Board's chosen strategy. V. Residential Uses Recognizing the Board's commitment to housing needs in the unincorporated County, residential uses in rural Deschutes County would not change and continue to be permitted outright or conditionally, including: • Single family dwelling or manufactured home • Medical hardship dwelling • Guest house • Land division (clustered / planned unit development) • Rural accessory dwelling unit (ADUs) per SB 391 (in progress) • Destination resort If the Board wanted to limit residential uses, it is important to recognize Measure 49 (ORS 195.300- 336), which states "If a public entity enacts one or more land use regulations that restrict the residential use of private real property ... and that reduce the fair market value of the property, then the owner of the property shall be entitled to just compensation from the public entity that enacted the land use regulation." VI. Next Steps Staff seeks Board direction, either now or at a subsequent meeting, about its preferred option concerning a wildlife inventory update. As noted at the beginning of this memo, the Board can: 1. Select Option 1, 2, or 3 for wildlife inventory next steps. 2. Determine potential use restrictions. Attachments: 1. Mule Deer Winter Range Map -Existing and Proposed 2. Elk Winter Range Map -Existing and Proposed 3. Non-federal County Land Outside of Wildlife Inventory -s- 0 L a m ch W cn _ m ce AL] w ■ LM W rII 0, 0 a 0 L m an W 0 Ch _ ce L 4) _ W W. October 4, 2021 Robin McArthur, Commission Chair Oregon Land Conservation and Development Commission 635 Capitol St. NE Suite 150 Salem, OR 97301 Jim Rue, Director Department of Land Conservation and Development 635 Capitol St. NE Suite 150 Salem, OR 97301 Re: Deschutes County Support for Interim Housing on Rural Lands on 2021-2023 Policy Agenda Dear Chair McArthur, Members of the Commission, and Director Rue: Central Oregon is experiencing a housing crisis that is affecting households across the socio-economic spectrum. The housing crisis is displacing individuals and families, directly exacerbating our region's houselessness crisis. Approximately 1,000 people experience houselessness in Central Oregon on any given night. This number includes families with children and youth who do not live with an adult. Displaced people are increasingly living on public streets and rights -of -way and in encampments on public lands across our county. The Deschutes County Board of Commissioners (Board) respectfully requests the Department of Land Conservation and Development (DLCD) and Land Conservation and Development Commission (LCDC) to consider rulemaking, modeled after the July 2021 rules (OAR 660-014-0080) to create opportunities for interim sheltering on lands outside of urban growth boundaries (UGBs) for individuals and families displaced by natural hazards and for people displaced by the housing crisis. Several counties share our perspective. Prioritizing and funding this initiative is of statewide importance and should be initiated this biennium. Sincerely, DESCHUTES COUNTY BOARD OF COMMISSIONERS Anthony DeBone, Chair Phil Chang, Vice Chair Patti Adair, Commissioner