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2021-443-Minutes for Meeting October 20,2021 Recorded 11/9/202111�31ES C- BOARD OF Recorded in Deschutes County CJ2021-443 COMMISSIONERS Steve Dennison, County Clerk 11 /09/2021 2:26:40 PM Commissioners' Journal 1300 NW Wall Street, Bend, Oregon c�u��s�oG l `�� 8-6570 IIIIII3 (5 41) 3 8 Q � 2021-443 9:00 AM FOR RECORDING STAMP ONLY BOCC MEETING MINUTES Wednesday, October 20, 2021 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick Lelack, County Administrator; Dave Doyle, County Legal 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: Jim Crouch presented testimony on behalf of the Tumalo community regarding a forthcoming sewer system proposal for Tumalo. Elena Johnson, presented via Zoom conference call, and stated her opinion as a County employee regarding the decision of Commissioner DeBone and Commissioner Adair relative to abortion coverage in the county's health benefits plan. BOCC MEETING OCTOBER 20, 2021 PAGE 1 OF 8 Commissioner DeBone acknowledged the emails received through the Citizen Input line regarding a possible homeless camp option for the KOA property. Property Manager Kristie Bollinger reported on the County's interest in using that property however she recently confirmed that the property is in a pending sale agreement and is not available. Commissioner DeBone stated other emails were received regarding affordable housing and one other email received regarding the Deschutes County employee benefits plan. Commissioner Adair noted the one-year anniversary of the Stabilization Center and congratulated Holly Harris on her work with this program. CONSENT AGENDA: ADAIR: Move approval of Consent Agenda CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Order No. 2021-048, Correcting a Scriveners Error on Four Plats Abutting Hinkle Way in Order to Allow Proper Addressing of Affected Properties 2. Consideration of Board Signature of Order No. 2021-051, Declaring certain Deschutes County Personal Property Surplus and Authorizing Sale 3. Consideration of Board Signature of Order No. 2021-057, an Order Authorizing the ORS 311.392 Advance of Taxes, Assessments and Charges to Small Tax Districts 4. Consideration of Board Signature for Document No. 2021-693, a Lease Amendment with Genoa Healthcare, LLC 5. Consideration of Board Signature of Resolution No. 2021-075, Increasing FTE within the FY 2021-2022 Deschutes County Budget in the Administrative Services Department 6. Approval of Minutes of the October 4, 2021 BOCC Meeting BOCC MEETING OCTOBER 20, 2021 PAGE 2 OF 8 7. Approval of Minutes of the October 6, 2021 BOCC Meeting 8. Approval of Minutes of the October 13, 2021 BOCC Meeting ACTION ITEMS: 9. PUBLIC HEARING: and Consideration of Order No. 2021-040 Approving Annexation to Rural Fire District #2 County Counsel Dave Doyle presented the staff report regarding the public hearing. Commissioner DeBone called for public testimony. Hearing none, Commissioner DeBone closed the hearing. CHANG: Move approval of Order No. 2021-040 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 10.PUBLIC HEARING: and Consideration of Order No. 2021-041, Approving Annexation to Bend Park & Recreation District County Counsel Dave Doyle presented the staff report regarding the public hearing. Commissioner DeBone called for public testimony. Hearing none, Commissioner DeBone closed the hearing. ADAIR: Move approval of Order No. 2021-041 CHANG: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING OCTOBER 20, 2021 PAGE 3 OF 8 11.PUBLIC HEARING: Consideration of Order No. 2021-046, Surrendering jurisdiction of Portions of Knott Road, Tekampe Road, and Stevens Road to the City of Bend County Engineer Cody Smith, via Zoom Conference Call, and presented the staff report on the jurisdictional surrender. Commissioner DeBone called for public testimony. Hearing none, Commissioner DeBone closed the hearing. CHANG: Move approval of Order No. 2021-046 ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 12.Consideration of Board Signature of Document No. 2021-830, Authorizing the purchase of a pre-engineered metal building for the Negus Transfer Station Improvements Project Interim Solid Waste Director Chad Centola presented the item for consideration and reviewed the need for the construction of the building. Commissioner Adair pointed out an error in the document summary regarding the dollar amount of the purchase. Mr. Centola will make the correction. ADAIR: Move approval of Document No. 2021-830 CHANG: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING OCTOBER 20, 2021 PAGE 4 OF 8 13.American Rescue Plan Funding Update - Child Care Chief Financial Officer Greg Munn presented and update on the ARPA funding for affordable housing. Mr. Munn presented the eligible requests received for funding considerations. One item presented was lost revenue for the Boys and Girls Club and Anthony Poponi, via Zoom conference call, reported on the request. Commissioner DeBone commented on the broadband infrastructure investment request of $300,000. Discussion held on the request. CHANG: Move approval of $300,000 ARPA funds allocation to the regional broadband needs assessment and action plan ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried Discussion held on the Tumalo sewer system. The Board considered placing $500,000 on hold for the project. Road Department Director Chris Doty was present via Zoom conference call and reported on the cost expected with the Terrebone system. ADAIR: Move approval of phase 1 project for the Terrebonne Sewer Project in the amount of $300,000 of ARPA funds CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried The Tumalo community will contact Mr. Doty to ask for assistance with their project. Commissioner DeBone commented on the 1017 Project and the effort to provide a food bank with USDA certified beef. The requested amount was $50,000. BOCC MEETING OCTOBER 20, 2021 PAGE 5 OF 8 ADAIR: Move allocation of $50,000 ARPA funds for the 1017 Project Motion died for lack of Second. Commissioner Chang noted he has not seen information on this request. Mr. Munn reported on the request. Commissioner Chang would like to offer this type of opportunity for local produce growers. Mr. Munn will send the written request of the 1017 Project to the Commissioners. Commissioner DeBone noted his support of the request and also for the local produce. This item could be included on the agenda for next week. The discussion on child care shortages in the community was continued from last week's discussion. Mr. Munn presented the follow-up. Kelly Sparks of OSU Cascades presented an update on proposal. Commissioner DeBone inquired on the organization that will be facilitating the program. OSU Cascades will offer the land for the modular structure for a proposed child care and early learning center. Ms. Sparks stated she will work with St. Charles for a structure on the St. Charles campus. Ms. Sparks explained this will bean OSU Cascades operating facility. Commissioner Adair would like to clarify with St. Charles they will have a long term lease to offer child care to their work force. ADAIR: Move approval of ARPA allocation for the childcare expansion proposal as follows with a contingency reserve of $906,000 for possible future childcare workforce funding: • Business accelerator $ 125,000 • Childcare sustainability pathway program $ 284,000 • FastTrack $1,060,000 • Little Kits Internship $ 750,000 • Little Kits - Bend West $1,000,000 • Little Kits, Boys & Girls Club, St Charles - Bend East $2,100,000 • MountainStar $ 600,000 • Re -Village $ 350,000 • Small Center capacity fund $ 500,000 CHANG: Second BOCC MEETING OCTOBER 20, 2021 PAGE 6 OF 8 VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 14.Community Development Fee Waiver Policy - Proposed Revisions Community Development Department Management Analyst Sherri Pinner and Community Development Director Peter Gutowsky presented the item for consideration. County Administrator Lelack commented on the fee waiver policy that provides clarity to residents and staff. ADAIR: Move approval of proposed revisions to the CDD Fee Waiver Policy CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: • Commissioner DeBone commented on the Citizen Input process and the emails received. Emails to the Citizen Input email address are also sent to the Commissioners email addresses as well. Commissioner DeBone explained the emails are attached to the meeting record but asked the Commissioners for their preference of the citizen input email process. Commissioner Chang stated the emails are included in the public record and feels that as the topics are mentioned maybe staff could provide a summary of the emails. The Board will be provided a list of emails and summary of support or opposition. Commissioner DeBone reported the tax bills are in DIAL and will be mailed to residents soon. BOCC MEETING OCTOBER 20, 2021 PAGE 7 OF 8 Commissioner Adair attended the Sisters EDCO meeting yesterday. Commissioner Chang reported on the Bend MPO meeting yesterday. Commissioners DeBone and Adair reported on the Project Wildfire meeting yesterday. Commissioner DeBone commented on the Tumalo sewer infrastructure project. EXECUTIVE SESSION: At the time of 11:10 a.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 11:34 a.m. ADJOURN Being no further business brought before the Commissioners, the meeting was adjourned at 11:34 a.m. DATED this Day of �-ADJ L2021 for the Deschutes County Board of Commissioners. jf ANTHONY DEBONE, CHAIR ATTEST: RECORDING SECRETARY PHIL C ANG, VICE CHAIR . ��fW ('-� PATTI ADAIR, COMMISSIONER BOCC MEETING OCTOBER 20, 2021 PAGE 8 OF 8 \)I [S cow 2�BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, OCTOBER 20, 2021 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.org .. `zV;.T ?aa�u" a:;.: �'am���,ar1 �`�uzcl.,�:r r�`rv:: ,.s ra. . oT.s��v'\_:o..:.�J'�e.,.�. .:�v�,` �?+�4%', ,se✓...�H ,S;,.i;?,.., �.. s.,-�i; ...31,d„ t�?4_�s Y,,,FJ.J>,/,.;.,.. :S9 _., sr., ,..C.. '..+ �21 Lw,�,hy.:.r rx\• 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.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:OOam on the day of the meeting. CONSENT AGENDA Consideration of Board Signature of Order No. 2021-048, Correcting a Scrivener's Error on Four Plats Abutting Hinkle Way in Order to Allow Proper Addressing of Affected Properties 2. Consideration of Board Signature of Order No. 2021-051, Declaring certain Deschutes County Personal Property Surplus and Authorizing Sale 3. Consideration of Board Signature of Order No. 2021-057, an Order Authorizing the ORS 311.392 Advance of Taxes, Assessments and Charges to Small Tax Districts 4. Consideration of Board Signature for Document No. 2021-693, a Lease Amendment with Genoa Healthcare, LLC 5. Consideration of Board Signature of Resolution No. 2021-075, Increasing FTE within the FY 2021-2022 Deschutes County Budget in the Administrative Services Department 6. Approval of Minutes of the October 4, 2021 BOCC Meeting 7. Approval of Minutes of the October 6, 2021 BOCC Meeting 8. Approval of Minutes of the October 13, 2021 BOCC Meeting ACTION ITEMS 9. 9:05 AM PUBLIC HEARING and Consideration of Order No. 2021-040 Approving Annexation to Rural Fire District #2 10. 9:10 AM PUBLIC HEARING and Consideration of Order No. 2021-041 Approving Annexation to Bend Park & Recreation District 11. 9:15 AM PUBLIC HEARING -Consideration of Order No 2021-046, Surrendering jurisdiction of Portions of Knott Rd, Tekampe Rd, and Stevens Rd to the City of Bend October 20, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 12. 9:30 AM Consideration of Board Signature of Document No. 2021-830, authorizing the purchase of a pre-engineered metal building for the Negus Transfer Station improvements project. 13. 9:45 AM American Rescue Plan Funding Update - Child Care 14. 10:15 AM Community Development Fee Waiver Policy- Proposed Revisions LUNCH RECESS 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. 15. 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. October 20, 2021 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 All I CD z W LU 5 t) LU z O 5� L O 1 D O LL Q O W z Q TLj i _V MJ W Li. r—I N O O LU co O v Q 'M V LLI z r) LU vt o p +-+ Ca � _ N c o cu (V E o E z c: °re a� E L- o o E c: — .� o 0 0 = au V U m o0C a U 0 0 0 4-+ > � O f� _ O c C6 0 V a >-u �4- N s U ca ' 4-' 4- bn N O _ 4-J buO N N O N 3: 4 -' DC a- J � = +, N ® N U ;t CU >- U a-+ a0 �.-0 v ' V 4-+ i Q Q O an N ca � cbn C� i N f� O i +' �> •� -J (� f� � .� ( O � �--+ O-0 c cy, V) cu ,; � 4-J N M O N N •� J OC co -- _ M � :3 fu V) � o I— � U 0 a-J • "� N to N o E 4 o L cv z w O cn w z U c (a X>z° C:-0 u 0 f6 (3) � C C4-J - C: QD Co o U N 'C CU N m U f O CO O p a� O w cn U 4-1 N f6 O L O U buo O O 4— Q� ate-J 4— O O L QL U 'C N .E a--+ d' '7 N L 4-J O N X O c O W H CD 0 i 4- a� S ®Ln ^ O 00 N d. c-I +I o +I co -a cc 0 Q) = 0 N E cp cp > V) 4— O (n Qu cr L m E V) U O O N � L N . . .. . ..� � z.., a y/� � .» . ,... . <?<: � . w� »«» » y� \, �^ � � 2 /\� »:y� .� \ \ ` v. . . a . . . , : .« ,� :. :<��.? »� �� � `,«� .©.< :� ° . / < y . : ,� ^ \ t� { � � : d � � «� � 2 ». . � v , . . � = 2 .� \ 6 a-+ fu 0 0 L f0 Q f� 0 re .0 cn E U r� C) E cn O s- U N � O - .E N N U E 4A V) O m U p 4- L- O +j U 4-; 4A O _ E Lu �� p cn N N O -0 -0 O O O V) +-j co � o N 0 � E I- p o �- I+- 4-J 2 cU CDL O Q O C- ai C) C: o o ° �m 0 o 4-J .� O 4-J • - 4- •� U O � (1) U O U CD Q V) ., 0 O W W Ln j -E m C— C: :6 W — O Cj O E L - V O N = i co s � O Q U 4-J i m a) N > ^^'' W ro uo m W -0 W -0 W �^^ ro +-j M E w to O U 4—' O aj U O N O � N�z aU 4-1 W4-1 a� -� 4-1 4 Q Q ca 0 U 0 E S ro BOARD OF fWii� � MEETING DATE: October 20, 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. Revisit Proposal to Expand High Quality Childcare in Deschutes County from 10.13.21. 2. Affordable housing proposal development update. 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, Treasurer and Chief Financial Officer Dan Emerson, Budget Manager L. ...r N O V 4- 0 co E E 0 1 N O a O a O m a x W i m V V a-+ 3 O V s u N in. 0 0 0 0 0 0 0 0 0 0 9 0 0 0 0 ui Lri o 0 0 N N O O O rl ri d' to O eYf -Ln ri r-i i/f in -Ln to 0 m 0 0 0 0 0 0 0 O 'C M O M O O O O O O O 0 01 0 m 0 0 0 0 0 0 0 0 u o is t`i o Lr 0 0 0 0 0 0 0 C.) 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( ; [ [ [ [ [ [ 0 c ( c cr ) ( m k < � ■ § � ) / R ( ( � k \ ( cic \ / ( m \ > u o ) o u. ' 0 » } \� u E 2 � } WE Q IAE § K « . 3 LL /� c ` ° 2: § »ew V k U k \ } a. 2 4 : \ 3r. . 2 0 � 2 2 k LA cu u[� k In \ I § § \ § \ } $ � \ �, C000MMISSIONERS 2BOARD OF MEETING DATE: 10/20/21 SUBJECT: Community Development Fee Waiver Policy - Proposed Revisions RECOMMENDED MOTION: Move approval of proposed revisions to the CDD Fee Waiver Policy. BACKGROUND AND POLICY IMPLICATIONS: CDD proposes minor revisions to CDD Fee Waiver Policy in an effort to align the policy with current practice, reduce the amount of personal information collected on applicants and make clear actions needed for fee waiver request(s), approval authority and appeal process. BUDGET IMPACTS: none ATTENDANCE: Sherri Pinner, Sr. Management Analyst Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, 0R 97701-1925 (541) 3BB-6575 - Fax (541) 3B5-1764 http://vvww.deschutes.org/cdd FEE WAIVER POLICY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit, and land use permit fee waiver requests to the Community Development Director and County Administrator (DDC 13.08, 15.04.160 and 22.08.010). The Board of County Commissioners of Deschutes County has delegated full authority to the Community Development Department (CDD) Director to administer this policy, with the exception of Items #7 and #8. POLICY GUIDELINES: 1. Fee waivers under this policy provide a public benefit. 2. With the adoption of this policy and continuing with each budget, an amount not to exceed $5,000 shall be set aside into a hardship account within the CDD budget from any savings of budgeted expenses or excess revenue. When money is available in the hardship account of CDD, the CDD Director may authorize fee waivers in amounts not to exceed the fee waiver budget each year. 4. The CDD Director shall find an applicant meets one of the following criteria in granting fee waivers: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached as Exhibit "A." 1. There is an immediate need of the services of the Community Development Department to protect the applicant's or the public's health or safety. 2. Granting the waiver will create a long-term efficiency of a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship that could not have been anticipated in planning for and funding of the project, and the fee waiver will benefit the community. (NOTE: Community Service may be required by the CDD Director for some or all of the waived fees.) 5. Fee Waiver requests covered above shall be submitted on a form provided by CDD. Applicant shall provide a written explanation of the request and explain why one or more of the above criteria are satisfied. The request will be delivered to the CDD Director for review and decision. The applicant may appeal the CDD Director's decision to the Deschutes County Administrator. The applicant may appeal the Deschutes County Administrator's decision to the Board of County Commissioners. 7. The Board of County Commissioners may issue blanket fee waivers, subject to the above criterion, for classes of hardship such as catastrophic fire. 8. The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. FINANCIAL HARDSHIP Some property owners or other responsible persons who lack the financial ability to obtain permits and approvals to pay fees established by the County for Community Development Services may receive relief. The procedure for establishing financial hardships is set forth below: Procedure: In cases where the applicant appears to have insufficient resources to pay fees, the applicant may apply to qualify for financial or other assistance within available resources and under the following procedures. Criteria for Indigency To qualify for assistance under this section, the applicant or other responsible person must demonstrate a substantial financial hardship that makes paying the required fees impractical. 2. Fee Reduction/Waiver An applicant may apply for a reduction or waiver of CUU development fees for permits. I he decision to reduce or waive development fees will be made by the CDD Director, considering the following factors: A. The degree of the applicant's indigency; B. The cost of the development permit(s) or approval(s) required; C. Funds available for fee reductions/waivers in CDD's budget or in any other available funds; and D. Other assistance available in the community. 3. Community Service in Lieu of Fees Upon a finding of indigency, the CDD Director may order community service at the rate of $10.00 per hour in lieu of some or all waived fees. A period of time shall be established in which the community service shall be completed. Fee Waiver Policy and Form 1 /2006, Rev. 1 /2012 Page 2 Q Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://wwvv.deschutes.org/cdd AFFIDAVIT OF INDIGENCE AND REQUEST FOR FEE WAIVER This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2). APPLICANT'S NAME: I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development Services because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family. The following information is true to the best of my knowledge and belief. I ask the CDD Director to use the information to decide whether I may receive a fee waiver at public expense. I understand I may be required to document or verify this information. 1. PERSONAL Name (print): Phone: ( Residence Address: City/State/Zip: Mailing Address (if different): City/State/Zip: Date of Birth: Mo/Day/Year Social Security No. [ ] Male [ ] Female Marital Status: [ ] Married [ ] Single [ ] Divorced [ ] Separated [ ]Widowed [ ]Other: Complete the following information for everyone living in your household: Name Relationship Age Monthly Income Description of fees to be waived: Fee Waiver Approved: [ ] Yes [ ] No Comments: **Staff Use Only** Est. Amount: $ Director, Community Development Dept. Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 3 2. EMPLOYMENT AND INCOME Present Employer How Long Occupation Address: City/State/Zip: Phone: ( ) Hourly wage $ Average Hrs./Week: Net (after tax) monthly income: If unemployed, how long since you were employed: Previous Employer: How Long: Occupation: Address Phone ( ) Spouse's Employer: How Long: Occupation: Address Phone ( ) Hourly Wage $ Average Hrs./Week: Net (after tax) monthly income: If unemployed, how long since spouse was employed: Other income for you and spouse, dependents or household members (example: Social Security, unemployment, retirement, public assistance, child support, worker's compensation, disability, etc.) Source of Income (Describe) Amount How Long Received How Often Received Other household members who help pay for your living expenses: Name Amount Payment for What Describe 3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS Cash Available: Savings Acc't. No: Balance: $ Bank/Branch Office: Checking Acc't. No: Balance: $ Bank/Branch Office: Other Acc't. No: Balance: $ Bank/Branch Office: Real Estate: Address, City Value Amount Owed Equity Payments Made Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 4 Credit Card Name/Bank Account Number Expiration Date Motor Vehicle Make/Year Value Amount Owed Equity Payments Made Are any of these motor vehicles used for work (other than driving to and from work)? [ ] Yes [ ] No All other property or assets (example: furniture, boats, guns, jewelry, tools, etc.): Description Value Description Value Money owed to you or spouse by others (example, tax refund, trust, judgment, etc.): Name of Debtor Amount Owed Date Payment Expected 4. MONTHLY EXPENSES List all expenses that are paid monthly by you, individually, or by you, jointly with spouse: Rent/Mortgage: $ Utilities: $ Credit Card: $ Car: $ Insurance: $ Medical: $_ Child Support $ Court Order: $ Other: $ [ ] 1 am willing to perform Community Service to offset the public cost of my request. [ ] I unable to perform Community Service for the following reasons: I certify that the above information is true and correct to the best of my knowledge and belief. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 5 Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://www,deschutes.org/cdd RELEASE TO OBTAIN INFORMATION FOR VERIFICATION (CONFIDENTIAL) APPLICANT'S NAME: I understand that the County may verify my employment and financial situation to determine my eligibility for a fee waiver. I understand that some of the information necessary for this verification is contained in records that are protected under federal and state laws. I have therefore signed this release which allows public and private organizations and individuals to provide the County or its designee with requested information. I understand that organizations and individuals which may be contacted include but are not limited to: • Social Security Administration ■ State Department of Revenue • Mortgage Holder ■ Department of Motor Vehicles ■ Employment Division(s) • Utility Companies • Worker's Compensation Disability Provider ■ Adult and Family Services Division • Landlords • Private Disability Insurance Provider • Private Life Insurance Provider • Past Employers • Release Assistance Office ■ Credit Card Holders ■ Credit Bureaus • Schools and Colleges • Banks, Savings & Loans, Credit Unions (requesting savings, stocks, bonds, checking, loan and credit information including copies of applications) ■ Other: By signing this release, I specifically authorize the County or its designee to directly contact my current employer by telephone or in writing, and to release and utilize my address as needed by the Board of County Commissioners or its designee. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 6 Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1935 (541) 388-6575 - Fax (541) 385-1764 http://wvvvv.deschutes.org/cdd FEE WAIVER REQUEST FORM Name of Individual/Organization: Address: City/State/Zip: Phone: ( ) Type of Permit and Fees: [ ] Building $ [ ] Planning $ [ ] Restaurant $ [ ] Subsurface Sewage $ [ ] Other: $ Total amount of fee(s) requested to be waived: $ The applicant shall provide a written explanation of the request and explain why one or more of the criteria below are satisfied. The request will be reviewed by the Community Development Director and a response will be provided within ten (10) business days. Criteria that must be met to qualify for a Fee Waiver: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached (refer to Affidavit of Indigence and Request for Fee Waiver form). 1. There is an immediate need of the Community Development Department's services to protect the applicant's or public's health or safety. 2. Granting the fee waiver will create a long-term efficiency for a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the community. (NOTE: The Community Development Director may require performance of community services for some or all of the waived fees.) Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 7 TO: Board of County Commissioners Nick Lelack, County Administrator FROM: Peter Gutowsky, Community Development Director Sherri Pinner, Sr. Management Analyst DATE: October 20, 2021 SUBJECT: Recommended Revisions to CDD Fee Waiver Policy 1. SUMMARY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit and land use permit fee waiver requests to the Community Development Director and County Administrator (DCC 13.08, 15.04.160 and 22.08.010). Since 2013, CDD has approved 28 fee waivers for a total of $61,841, of this amount $47,600 was waived for one local jurisdiction and one district and $14,241 was waived for 26 individual customers. In an effort to align the Fee Waiver Policy with current practice, reduce the amount of personal information collected on applicants and make clear actions needed for fee waiver request(s), approval authority and the appeal process, CDD proposes the changes discussed below. 11. RECOMMENDED FEE WAIVER POLICY REVISIONS: Attached is a draft Fee Waiver Policy including the revised recommended language along with a copy of the original policy with recommended changes highlighted in yellow. Information highlighted in yellow indicates language recommended to be removed. Specific recommended changes are discussed below: Policy Guidelines: • Remove item #2 - CDD no longer budgets for a hardship account within the CDD budget. • Remove item #3 - CDD no longer budgets for a hardship account within the CDD budget. • Remove note to item #4 - CDD does not require community service in exchange for waived fees. • Update language in item #5 to reflect proposed "Affidavit of Indigence and Request for Fee Waiver Form" as being the form to complete. Financial Hardship: • Update item #2 to indicate applicant would submit a Request for Fee Waiver form. Remove item #3 - Community Service in Lieu of Fees. Affidavit of Indigence and Request for Fee Waiver Form: • The information on this form has been revised to eliminate personal information such as: o Date of Birth o Social Security Number o Marital Status o Information of everyone living within the household Employment and Income eliminates duplicate wage information and eliminates household member information. Property and Assets eliminates bank and savings account numbers, balances and bank branch. Additionally, eliminates real estate information, credit card information and vehicle information. Monthly Expenses has been updated to exclude medical, child support and court ordered payments as well as removes language related to community service. Release to Obtain Information for Verification would be removed completely. Fee Waiver Request Form information has been greatly reduced and included in the proposed Affidavit of Indigence and Request for Fee Waiver Form. III. PROPOSAL/RECOMMENDATION: CDD recommends: Approval of propose I revisions to h HI IIUdvI� ul indigence IlC dllU rCC VVdIVCI Policy. FEE WAIVER POLICY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit, and land use permit fee waiver requests to the Community Development Director and County Administrator (DCC 13.08, 15.04.160 and 22.08.010). The Board of County Commissioners of Deschutes County has delegated full authority to the Community Development Department (CDD) Director to administer this policy, with the exception of Items #4, #5 and #6. POLICY GUIDELINES: 1. To resolve code compliance cases, the CDD Director can make a finding that it is less expensive for the County to resolve the case through a full or partial fee waiver than it is to resolve the case through procedures established in the adopted Code Compliance Procedures Manual. The CDD Director shall find an applicant is eligible for consideration of a fee waiver by meeting the following criteria: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established through the completion of the Affidavit of Indigence and Request for Fee Waiver Form. 1. There is an immediate need for the services of C D D to protect the applicant's or the public's health or safety. 2. Granting the waiver will create a financial efficiency of a Code Enforcement issue. 2. The completed Affidavit of Indigence and Request for Fee Waiver Form will be delivered to the CDD Director for review and decision. 3. The applicant may appeal the CDD Director's decision to the Deschutes County Administrator. The applicant may appeal the Deschutes County Administrator's decision to the Board of County Commissioners. 4. Fee waivers under this policy to provide a public benefit provided by a non-profit or public organization are subject to Board of County Commissioners approval. 5. The Board of County Commissioners may issue blanket fee waivers, subject to the above criterion, for classes of hardship such as natural disasters. 6. The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. INDIGENCY: Property owners, non-profit or public organizations or other responsible persons who lack the financial ability to obtain permits and pay fees established by the County for Community Development services may receive relief. The procedure for establishing financial indegency is set forth below: Procedure: In cases where the applicant appears to have insufficient resources to pay fees, the applicant may complete the Affidavit of Indigence and Request for Fee Waiver Form to qualify for financial assistance by meeting the following criteria. 1. Qualify as Indigent To qualify for assistance under this section, the applicant or other responsible person must demonstrate a substantial financial hardship that makes paying the required fees impractical. 2. Nonprofit or Public Organization To qualify for assistance under this section, the applicant has encountered extraordinary hardship which could not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the community. 3. Submit Request for Fee Waiver An anniirant may annly for a fee waiver of CDD development fees for permits. The decision to waive development fees will be made by the CDD Director, considering the factors included on the fee waiver form. Fee Waiver Policy and Form 1/2006, Rev. 9/2021 AFFIDAVIT OF INDIGENCE AND REQUEST FOR FEE WAIVER FORM This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2)) I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development services because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family. I ask the CDD Director to use this information to decide whether I may receive a fee waiver at public expense. I understand I may be required to verify this information. APPLICANT (including non-profit or public organizations): Name: Address: Explanation of Request: Description of fees to be waived: Est. Amount Phone: City/State/Zip: **Staff Use Only** Fee Waiver Approved: [ ] Yes [ ] No Community Development Director Date: Comments: EMPLOYMENT AND INCOME: Current Employer: Occupation: After Tax Monthly Income: If unemployed, please provide dates: Previous Employer: Spouse's Employer: Occupation: If unemployed, please provide dates: Employment Date(s): Phone Number: (_) Employment Date(s): Employment Date(s): After Tax Monthly Income: OTHER INCOME: Include income for you and spouse, dependents and other household members financially assisting with living expenses (examples: Social Security, unemployment, retirement, child support, workers compensation, etc.) Source of Income Amount Received Since Monthly Amount MONTHLY EXPENSES: List all household expenses paid monthly by you, spouse or household member. Rent: Vehicle: Utilities: Insurance: Credit Cards: Other: I certify the above information is true and correct to the best of my knowledge and belief. Applicant Signature Date