2022-264-Minutes for Meeting June 22,2022 Recorded 7/11/2022BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County
CJ2022-264
Steve Dennison, County Clerk
Commissioners' Journal 07/11/2022 9:40:39 AM
0111111111111111111111111111
BOCC MEETING MINUTES
9:00 AM
WEDNESDAY, June 22, 2022 Barnes Sawyer &
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 Adair called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Commissioner Adair acknowledged several emails submitted opposing the pending
Worrell Park parking lot project and opposition of rezoning in Terrebonne.
Commissioner DeBone commented on parking space commitment and an
architectural review of the best design.
BOCC MEETING
JUNE 22, 2022 PAGE 1 OF 11
CONSENT AGENDA: Before the Board was Consideration of the Consent
Agenda.
Commissioner Adair requested to pull Consent Agenda Item #5 for further review.
CHANG: Move approval of Consent Agenda, minus Item #5
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
1. Consideration of Purchase Agreement, Document No. 2022-288, and
Dedication Deed, Document No. 2022-289, from Eric D. Cole and Kathryn
Cole for Right of Way for the Hunnell Road: Loco Road to Tumalo Road
Improvement Project
2. Consideration of Document Number 2022-447, a Temporary Construction
Easement from Greenlee Holdings LLC for the Tumalo Multi -Use Path
Project
3. Consideration of Board Signature of Order No. 2022-035 replacing Exhibit F
to Order No. 2022-029 to correct typographical error regarding 30 cubic
yard drop box pricing
4. Approval of Minutes of the May 4 2022 BOCC Meeting
5. Approval of Minutes of the May 11 2022 BOCC Meeting
6. Approval of Minutes of the May 16 2022 BOCC Meeting
7. Approval of Minutes of the May 18 2022 BOCC Meeting
8. Approval of Minutes of the May 23 - 26, 2022 Budget Meetings
9. Consideration of Board Signature on Letter of Thanks to Thomas Linhares
for his service and Letters of Reappointment to Daryl Parish, Stan Turel and
Lee Randall to the Deschutes County Audit Committee.
10.Consideration of Board Signature of Letter Appointing Robin Ingram as
alternate on the Dog Board of Supervisors.
ACTION ITEMS:
11.Public Hearing and Order Considering Hankins annexation to
Redmond Fire & Rescue District
BOCC MEETING
JUNE 22, 2022 PAGE 2 OF 11
County Counsel Dave Doyle presented and explained the purpose of the
hearing. Commissioner Adair opened the public hearing and called for
testimony. There being no testimony, Commissioner Adair closed the
public hearing.
DEBONE: Move approval of Order No. 2022-028
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAI R:
Chair votes yes. Motion Carried
12. READING OF A PROCLAMATION: Declaring Amateur Radio Week
Deschutes County Sheriff's Office Sgt. Nathan Garibay presented the
proclamation via Zoom conference call. The Commissioners read the
proclamation into the record.
DEBONE: Move approval of proclamation
CHANG: Second
Discussion: Commissioner DeBone noted he is a member of the HAMS and
reported on the events this weekend.
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
13.Ordinance Adoption: Bend UGB Expansion, Plan Amendment, and Zone
Change - Affordable Housing Pilot Project Work Session (HB 4079)
Kyle Collins, Associate Planner, presented the item for consideration and
recommended adopting the ordinance by emergency in order to coordinate
with the City of Bend.
BOCC MEETING
JUNE 22, 2022 PAGE 3 OF 11
CHANG: Motion first and second reading by title only and adoption by
emergency of Ordinance No. 2022-006
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR:
Chair votes yes. Motion Carried
Commissioner Adair read the Ordinance No. 2022-006 into the record by
title only.
CHANG: Motion first and second reading by title only and adoption by
emergency of Ordinance No. 2022-007
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
Commissioner Adair read the Ordinance No. 2022-007 into the record by
title only.
14.PUBLIC HEARING: FY 2023 Deschutes County Fee Schedule and
Consideration of Board Adoption
Budget Manager Dan Emerson presented the item for consideration and
reviewed the public hearing process. Commissioner Adair opened the
public hearing and called for testimony.
Commissioner Adair inquired on the fairgrounds rental fee. Betsy Tucker,
Budget Specialist commented on the opportunity costs of renting space at
the fairgrounds. Commissioner Chang commented on the CPACE fee
schedule and wondered if there may be opportunities for smaller projects
for CPACE financing without a large fee.
BOCC MEETING
JUNE 22, 2022 PAGE 4 OF 11
There being no further testimony or comment, Commissioner Adair closed
the public hearing.
DEBONE: Move approval of Resolution No. 2022-032
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR:
Chair votes yes. Motion Carried
15. PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-033 Deschutes County FY 2022-23 Budget Adoption
Budget Manager Dan Emerson presented the item for consideration and
reviewed the public hearing process. Commissioner Adair opened the
public hearing and called for testimony. Commissioner DeBone
commented on fiscal responsibility. Commissioner Chang spoke on the
capital projects needs and revenue sources. Commissioner Adair
commented on property taxes and inflation and is glad the allocation
remains and the importance of reviewing costs with a fiscal eye keeping the
taxpayers in mind. Commissioner DeBone reported on the increase with
the law enforcement rate.
There being no further testimony or comment, Commissioner Adair closed
the public hearing.
DEBONE: Move approval of Resolution No. 2022-033
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR:
Chair votes yes. Motion Carried
BOCC MEETING
JUNE 22, 2022 PAGE 5 OF 11
CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 9-1-1 SERVICE
DISTRICT
16. PUBLIC HEARING: FY 2023 Deschutes County 9-1-1 Service District Fee
Schedule and Consideration of Board Adoption
Budget Manager Dan Emerson presented the item for consideration and
reviewed the public hearing process. Commissioner Adair noted the Exhibit
A attached to each resolution and is required for proper recording. Mr.
Emerson will provide those. Commissioner Adair opened the public hearing
and called for testimony.
There being no testimony, Commissioner Adair closed the hearing.
CHANG: Move approval of Resolution No. 2022-034
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR:
Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE EXTENSION 4H COUNTY SERVICE
DISTRICT
17.PUBLIC HEARING: FY 2023 Deschutes County Extension and 4H Service
District Fee Schedule and Consideration of Board Adoption
Budget Manager Dan Emerson presented the item for consideration and
reviewed the public hearing process. Commissioner Adair opened the
public hearing and called for testimony, hearing none, Commissioner Adair
closed the public hearing.
DEBONE: Move approval of Resolution No. 2022-036
CHANG: Second
BOCC MEETING
JUNE 22, 2022 PAGE 6 OF 11
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
18.PUBLIC HEARING: FY 2023 Sunriver Service District Fee Schedule and
Consideration of Board Adoption
Budget Manager Dan Emerson presented the item for consideration and
reviewed the public hearing process. Commissioner Adair opened the
public hearing and called for testimony, hearing none, Commissioner Adair
closed the public hearing.
CHANG: Move approval of Resolution No. 2022-038
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH DISTRICT
19. PUBLIC HEARING: FY 2023 Black Butte Ranch Service District Fee
Schedule and Consideration of Board Adoption
Budget Manager Dan Emerson presented the item for consideration and
reviewed the public hearing process. Commissioner Adair opened the
public hearing and called for testimony, hearing none, Commissioner Adair
closed the public hearing.
BOCC MEETING
JUNE 22, 2022 PAGE 7 OF 11
DEBONE: Move approval of Resolution No. 2022-040
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR:
Chair votes yes. Motion Carried
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
20.Consideration of Resolution No. 2022-047 Increasing Appropriations
Within the 2021-22 Deschutes County Budget.
Budget Manager Dan Emerson presented the item for consideration.
Human Resources Manager Kathleen Hinman reported on the increase of
expenditures in the health benefits fund.
DEBONE: Move approval of Resolution No. 2022-047
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR:
Chair votes yes. Motion Carried
21.Discussion: Landfill Site Selection Criteria Memorandum
Solid Waste Director Chad Centola, Incoming Director Tim Brownell, and
Dwight Miller of Parametrix presented the item for discussion. The Site
Selection Criteria Technical Memorandum was presented and reviewed
along with public comment received. An update will be presented to the
Commissioners in August.
CHANG: Move approval of the landfill site selection criteria as amended
DEBONE: Second
BOCC MEETING
JUNE 22, 2022 PAGE 8 OF 11
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
22.Consideration of Purchase and Sale Agreement with DR Horton, Inc.,
Document Number 2022-546, and Board Order 2022-034 to authorize
the Deschutes County Property Manager to execute the documents
associated with the sale and closing of County -owned property
Property Manager Kristie Bollinger presented the item for consideration
explaining the property transaction.
CHANG: Move approval of Document No. 2022-546
ADAIR: Second
VOTE: CHANG: Yes
DEBONE: No
ADAIR: Chair votes yes. Motion Carried
CHANG: Move approval of Order No. 2022-034
ADAIR: Second
VOTE: CHANG: Yes
DEBONE: No
ADAIR: Chair votes yes. Motion Carried
23.Consideration of Request of Mt Bachelor Grant application for Biomass
District Heating Project
Matt Reilly, Mt. Bachelor LLC presented the request that Deschutes County
apply for the grant from the Oregon Department of Energy. Mr. Reilly
inquired if Deschutes County would partner with any other agency for these
BOCC MEETING
JUNE 22, 2022 PAGE 9 OF 11
grant funds. Commissioner Chang reported there would be many
applications submitted for these grant funds from various agencies.
Written confirmation is requested by Mt. Bachelor indicating that Deschutes
County will operate as the applicant on behalf of Mt. Bachelor.
DEBONE: Move approval of support by Deschutes County sponsoring the
grant application to the Oregon Department of Energy for a
Community Renewable Energy Grant
CHANG: Second
RECESS: At the time of 11:09 a.m., the Board went into recess and reconvened
the meeting at 1:00 p.m.
OTHER ITEMS:
• Commissioner DeBone reported on the Eastern Oregon Economic Summit
last week
• Commissioner Adair reported on the Association of Oregon Counties
Legislative Retreat and the Economic Summit in Hermiston.
• Commissioner Adair reported on the Houseless committee and was elected
as chair.
• Commissioner Chang attended the Soil and Water Conservation District
meeting last Thursday, Bend Chamber of Commerce mid -market housing
forum.
EXECUTIVE SESSION:
At the time of 1:07 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 1:45
p.m. to direct staff to proceed as discussed.
BOCC MEETING
JUNE 22, 2022 PAGE 10 OF 11
At the time of 1:45 p.m. the Board went into Executive Session under ORS 192.660
(2) (h) Litigation. The Board came out of Executive Session at 1:55 p.m. to direct
staff to proceed as discussed.
ADJOURN
Being no further business brought before the Commissioners, the meeting was adjourned at
1:56 p.m.
DATED this Le Day of
Commissioners.
ATTEST:
RECORDIN SECRETARY
2022 for the Deschutes County Board of
PATTI ADAIR, CHAIR
g/Pcaloc,„__
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, COMMISSIONER
BOCC MEETING
JUNE 22, 2022 PAGE 11 OF 11
COMMISSIONERS
BOARD OF COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, JUNE 22, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 I www.deschutes.org
MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that
public meetings be accessible remotely, effective on January 1, 2022, with the exception of
executive sessions. Public bodies must provide the public an opportunity to access and attend
public meetings by phone, video, or other virtual means. Additionally, when in -person testimony,
either oral or written is allowed at the meeting, then testimony must also be allowed electronically
via, phone, video, email, or other electronic/virtual means.
Attendance/Participation options are described above. 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 noon on Tuesday will be included in the Citizen Input meeting
record for topics that are not included on the Wednesday agenda.
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: Citizen Input may be provided as comment on any topic that is not on the
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 noon on Tuesday in order to be included in the meeting record.
CONSENT AGENDA
1. Consideration of Purchase Agreement, Document No. 2022-288, and Dedication Deed,
Document No. 2022-289, from Eric D. Cole and Kathryn Cole for Right of Way for the
Hunnell Road: Loco Road to Tumalo Road Improvement Project
2. Consideration of Document Number 2022-447, a Temporary Construction Easement
from Greenlee Holdings LLC for the Tumalo Multi -Use Path Project
3. Consideration of Board Signature of Order No. 2022-035 replacing Exhibit F to Order No.
2022-029 to correct typographical error regarding 30 cubic yard drop box pricing
4. Approval of Minutes of the May 4 2022 BOCC Meeting
5. Approval of Minutes of the May 11 2022 BOCC Meeting
6. Approval of Minutes of the May 16 2022 BOCC Meeting
7. Approval of Minutes of the May 18 2022 BOCC Meeting
8. Approval of Minutes of the May 23 - 26, 2022 Budget Meetings
9. Consideration of Board Signature on Letter of Thanks to Thomas Linhares for his service
and Letters of Reappointment to Daryl Parish, Stan Turel and Lee Randall to the
Deschutes County Audit Committee.
10. Consideration of Board Signature of Letter Appointing Robin Ingram as alternate on the
Dog Board of Supervisors.
ACTION ITEMS
11. 9:05 AM Public Hearing and Order Considering Hankins annexation to Redmond Fire
& Rescue District
12. 9:15 AM READING OF A PROCLAMATION: Declaring Amateur Radio Week
June 22, 2022
BOARD OF COMMISSIONERS MEETING Page 2 of 4
13. 9:30 AM Ordinance Adoption: Bend UGB Expansion, Plan Amendment, and Zone
Change - Affordable Housing Pilot Project Work Session (HB 4079)
14. 9:45 AM PUBLIC HEARING: FY 2023 Deschutes County Fee Schedule and Consideration
of Board Adoption
15. 9:55 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-033 Deschutes County FY 2022-23 Budget Adoption
CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT
16. 10:05 AM PUBLIC HEARING: FY 2023 Deschutes County 9-1-1 Service District Fee
Schedule and Consideration of Board Adoption
CONVENE AS THE GOVERNING BODY OF THE EXTENSION 4H COUNTY SERVICE DISTRICT
17. 10:15 AM PUBLIC HEARING: FY 2023 Deschutes County Extension and 4H Service
District Fee Schedule and Consideration of Board Adoption
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
18. 10:25 AM PUBLIC HEARING: FY 2023 Sunriver Service District Fee Schedule and
Consideration of Board Adoption
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH DISTRICT
19. 10:35 AM PUBLIC HEARING: FY 2023 Black Butte Ranch Service District Fee Schedule
and Consideration of Board Adoption
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
20. 10:45 AM Consideration of Resolution No. 2022-047 Increasing Appropriations Within
the 2021-22 Deschutes County Budget.
21. 10:55 AM Discussion: Landfill Site Selection Criteria Memorandum
22. 11:15 AM Consideration of Purchase and Sale Agreement with DR Horton, Inc.,
Document Number 2022-546, and Board Order 2022-034 to authorize the Deschutes
County Property Manager to execute the documents associated with the sale and
closing of County -owned property
23. 11:35 AM Consideration of Request of Mt Bachelor Grant application for Biomass
District Heating Project
LUNCH RECESS
OTHER ITEMS
June 22, 2022
BOARD OF COMMISSIONERS MEETING Page 3 of 4
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.
24. Executive Session under ORS 192.660 (2) (h) Litigation
25. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
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.
June 22, 2022 BOARD OF COMMISSIONERS MEETING Page 4 of 4
Carol Martin
Dpft*-146
From:
Sent:
To:
Cc:
Subject:
Robin Vora <robinvoral@gmail.com>
Tuesday, June 21, 2022 8:40 PM
Board; citizeninput
Peter Gutowsky
Fwd: Comment 247-21-001043-PA and 247-21-001044-ZC; Eden Central Properties
Some people who received this message don't often get email from robinvoral@gmailcom. Learn why this is important
[EXTERNAL EMAIL]
Deschutes. County Commissioners, please see my comments below on the application to rezone 710 acres near
Terrebonne. I understand this application will be coming to the Board of County Commissioners for a decision,
or at least it should.
Robin Vora
541 598 4143
1679 NE Daphne Ct, Bend, OR 97701
Forwarded message
From: Robin Vora <robinvoral @gmail.com>
Date: Mon, Apr 18, 2022 at 9:49 AM
Subject: Comment 247-21-001043-PA and 247-21-001044-ZC; Eden Central Properties
To: <Haleigh.king@deschutes.org>
The County should NOT rezone 710 acres near Terrebonne for high -end rural housing. Even one dwelling per
10 acres will eliminate its use for farming or ranching as it should be zoned. It will adversely diminish wildlife
habitat through disturbance and habitat fragmentation, and especially for declining populations of mule deer. It
will increase traffic congestion that is already a problem in Terrebonne on state Hwy 97. It will further diminish
dwindling water supplies, fracture open space scenery, and add stress to existing farms and ranches.
I would like to offer comments at tomorrow's public meeting. Please send me a link I can use to participate in
the meeting and the times you will be receiving public comment.
Thank you for your time and consideration. Please acknowledge receipt by replying to this email.
Robin Vora
1679 NE Daphne Ct, Bend, OR 97701
541 318 4652
i
a I ,. p
Oppo fdi fa-Lk-646,_61,
Megan Fuller
From: Lee Graff <Leegraff@hotmail.com>
Sent: Friday, June 17, 2022 7:06 PM
To: citizeninput
Subject: SAVE WORRELL PARK
Some people who received this message don't often get email from leegraff@hotmail.com. Learn why this is important
[EXTERNAL EMAIL]
My concern is centered around a potential decision by Deschutes County commissioners to demolish Worrill Park. This is
a VERY poor decision, IF it is made be these elected officials:
I am sure you have studied the many other potential vacant properties for such parking needs. A parking garage along
the parkway would be a positive site selection. If such officials that have been properly noted in news reports continue
with this plan of removing Worrill Park; l will vote accordingly in the next election. In fact 1 will recruit ten individuals to
have each recruit ten (that is 100 voters). Doing this ten times will reach 1,000 individuals. People to People has always
been my mode of operation.
Be Sensible,
Lee Graff
Sent from Mail for Windows
1
Megan Fuller
From: Derek Loeb <derekloeb@gmail.com>
Sent: Saturday, June 18, 2022 3:43 PM
To: citizeninput
Subject: Future of Worrell Park
`a
Dpp"LAti LD6 r re_ti
Some people who received this message don't often get email from derekloeb@gmail:com
[EXTERN AL EMAIL.]
Hello Deschutes County Commissioners,
Jai-0
I wanted to share my opinion that Worrell Park should be preserved, improved and not flattened for a parking
lot: As a local geologist, I appreciate that the lava butte that hosts Worrell Park is now one of a kind as all of its
siblings (similar features) have been flattened for development. It is also a gem in the rough as far as a small
park and a little TLC could really make it a bucolic island in the middle of the city. There is also an existing
accessible part of the park on the northeast corner that could be improved so as to better serve people of all
abilities.
As a tax paying resident of Bend & Deschutes County, I can appreciate the desire to find the cheapest solution
to a problem, but I also think that solutions need to be evaluated in terms of their value proposition, The
intangible value of preserving a natural feature that adds to our quality of life now and in the future needs to be
considered. It just doesn't seem like bull dozing a unique natural feature to build a parking lot is consistent with
Bend's values and brand in the 21 st century. If more parking is needed, Deschutes County needs to be willing
to pay for a better solution and I don't think more asphalt is the answer. Personally, I like to see a parking
structure take the place of acres of asphalt perhaps with a roof covered with solar panels - now that sounds like
Bend in the 21st century!
Thank you for your consideration,
Derek Loeb
541-977-1103
i
v1.ES
0
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: Wednesday, June 22, 2022
SUBJECT: Consideration of Purchase Agreement, Document No. 2022-288, and Dedication
Deed, Document No. 2022-289, from Eric D. Cole and Kathryn Cole for Right of
Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project
RECOMMENDED MOTION:
Move approval of Document Nos. 2022-288 and 2022-289.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners authorized the Road Department to negotiate with
owners of properties impacted by the Hunnell Road: Loco Road to Tumalo Road
Improvement project for the acquisition of right of way by Resolution No. 2021-048.
During preliminary design of the project, it was determined that a portion of Tax Lot No.
1612330000204, owned by Eric D. Cole and Kathryn Cole, would be impacted by the
Project. The Road Department has negotiated with the property owner for right of way
acquisition. The property owner has agreed to the following:
Instrument:
Area:
Compensation:
Other Obligations:
Dedication Deed
33,565 sq. ft.
$80,000.00
None
BUDGET IMPACTS:
County will make payment to the property owner in the amount of $80,000.00, which is
budgeted in the Department's Fiscal Year 2021-2022 Road Capital Improvement Plan
budget.
ATTENDANCE:
Cody Smith, County Engineer
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
June 15, 2022
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Department:
Road
Eric and Kath n Cole
Contractor Contact: Contractor Phone #:
Type of Document: Purchase Agreement and Dedication Deed
Goods and/or Services: Right of Way Acquisition, Hunnell Rd: Loco Rd to Tumalo Rd
Improvement Project
Background & History: The Board of County Commissioners authorized the Road
Department to negotiate with owners of properties impacted by the Hunnell Road: Loco
Road to Tumalo Road Improvement project for the acquisition of right of way by
Resolution No. 2021-048. During preliminary design of the project, it was determined
that a portion of Tax Lot No. 1612330000204, owned by Eric D. Cole and Kathryn Cole,
would be impacted by the Project. The Road Department has negotiated with the
property owner for right of way acquisition. The property owner has agreed to the
following:
Instrument: Dedication Deed
Area: 33,565 sq. ft.
Compensation: $80,000.00
Other Obligations: None
Agreement Starting Date: Upon recording Ending Date:
Annual Value or Total Payment:
$80,000.00
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
II
NhN
Funding Source: (Included in current budget? Yes n No
If No, has budget amendment been submitted? Yes n No
6/15/2022
Is this a Grant Agreement providing revenue to the County? n Yes n No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: (— Yes E No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
Departmental Contact and Title: Cody Smith Phone #:
Department Director Approval:
Signature
X7113
for Chris Doty 6/15/2022
Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Purchase Agreement — 2022-288
Record purchase agreement in Commissioners Journal.
Dedication Deed— 2022-289
Hold dedication deed until receiving confirmation from Road Department that
Grantor has received payment, then record in Official Records. Please record
deed without staff report and document summary form.
Official Review:
Co - ty Signature Required (check one):
BOCC (if $150,000 or more) — BOARD AGENDA Item
❑ County Administrator (if $25,000 but under $150,000)
❑ Department Director - Health (if under $50,000)
❑ Department Head/Director (if under $25,000)
Legal Review
Document Number
2022-288, 289
Date
lam( Z7
6/15/2022
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: June 22, 2022
SUBJECT: Consideration of Document Number 2022-447, a Temporary Construction
Easement from Greenlee Holdings LLC for the Tumalo Multi -Use Path Project
RECOMMENDED MOTION:
Move approval of Document Number 2022-447.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of Transportation (ODOT) and Deschutes County Road
Department are delivering the Tumalo Multi -Use Path project under Agreement No. 2022-
086. The project requires a temporary construction easement for the proposed
improvements on 4th Street over and across property owned by Greenlee Holdings LLC.
The property owner was required to provide the temporary construction easement to the
County as a condition of approval of Land Use Permit No. 247-21-001004-SP. The property
owner has provided the required executed easement document.
BUDGET IMPACTS:
None
ATTENDANCE:
Cody Smith, County Engineer (**REQUEST CONSENT AGENDA**)
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
June 2, 2022
Please complete at sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Road
Greenlee Holdings LLC
Contractor Contact: Contractor Phone #:
Type of Document: Temporary Construction Easement
Goods and/or Services: Tumalo Multi -Use Path Project
Background & History: The Oregon Department of Transportation (ODOT) and
Deschutes County Road Department are delivering the Tumalo Multi -Use Path project
under Agreement No. 2022-086. The project requires a temporary construction
easement for the proposed improvements on 4th Street over and across property
owned by Greenlee Holdings LLC. The property owner was required to provide the
temporary construction easement to the County as a condition of approval of Land Use
Permit No. 247-21-001004-SP. The property owner has provided the required executed
easement document.
Agreement Starting Date:
Upon recording
Annual Value or Total Payment:
None
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
N/A
Check all that apply:
(— RFP, Solicitation or Bid Process
n Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? Yes No
If No, has budget amendment been submitted? Yes ❑ No
Is this a Grant Agreement providing revenue to the County? Li Yes n No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
6/2/2022
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
Departmental Contact and Title: Cody Smith Phone #:
Department Director Approval:
Signature
X7113
for Chris Doty 6/2/2022
Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Please record deed in Official Records. Please record deed without staff report
and document summary form.
Official Review:
County Signature Required (check one):
❑ BOCC (if $150,000 or more) — BOARD AGENDA Item
❑ County Administrator (if $25,000 but under $150,000)
❑ Department Director - Health (if under $50,000)
❑ Department Head/Director (if under $25,000)
Legal Review Date
Document Number
2022-447
6/2/2022
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: June 22, 2013
SUBJECT: Approval of Solid Waste Management Facility Site Selection Criteria
Memorandum
RECOMMENDED MOTION:
Move approval of the Site Selection Criteria Technical Memorandum
BACKGROUND AND POLICY IMPLICATIONS:
On Monday, June 13, 2022, the Board of County Commissioners held a work session with
staff to discuss the Site Selection Criteria (SSC) Technical Memorandum for the siting of a
new solid waste management facility to replace Knott Landfill, which is anticipated to reach
capacity in 2029. This document will be used to guide staff, the Parametrix team
(consultant for the siting project) and the Solid Waste Advisory Committee through the site
screening process to identify candidate sites for a new solid waste management facility to
replace Knott Landfill.
During the work session, Commissioner Chang suggested modifying the weighting for Haul
Distance to Waste Centroid criteria. Adjustments have been made to the Site
Characteristics/Engineering category to raise the overall weight of the Haul Distance to
Waste Centroid from 1.75% to 3.15%. Attached is a summary of the Site
Characteristics/Engineering weighting distribution with the reallocated weightings
highlighted.
A press release was issued on June 10, 2022 which announced the June 13 Board work
session, provided background information on the topic, and solicited written comments on
the SSC Memorandum. At the time of preparation of this staff report, two comments had
been received. A summary of these and any additional comments received by the June 20
closing date for comments will be presented to the Board at this June 22 meeting.
Any further changes discussed with the Board today will be included in the final version of
the SSC Memorandum.
BUDGET IMPACTS:
None
ATTENDANCE:
Chad Centola, Director of Solid Waste
Tim Brownell, Incoming Director of Solid Waste
Dwight Miller, Project Manager, Parametrix
Criteria
Site Characteristics/Engineering
Site Availability/Acquisition Potential
Ownership
Number of Parcels
Total Site Acreage
Geotechnical Location Factors
Fault Hazards
Seismic Impact Zones/Hazards
Unstable Areas — Mass Movement
Unstable Areas — Poor Foundation
Floodplains
Groundwater Protection/Hydrogeology
Depth to Groundwater
Proximity to Drinking Water Wells
Proximity to Wellhead Protection Areas
Site Hydrogeologic Framework
Development
Soils
Topography
Distance from Arterials
Capacity/Site Configuration
Operation
Haul Distance to Waste Centroid
Annual Precipitation
Onsite Water Supply and Management
Level Level II Level III
Weight
Weight Weight
35%
10%
5%
20%
15%
15%
40%
20%
40%
15%
20%
25%
40%
25%
30%
15%
30%
45%
30%
10%
15%
60%
15%
25%
Overall Weight
(Out of 100%)
35%
12.25%
3.50%
1.75%
7.00%
5.25%
4.90%
2.45%
4.90%
0.53%
0.70%
0.88%
1.40%
1.75%
2.10%
1.05%
2.10%
2.36%
1.58%
O.53 %
O.79%
3.15%
0.79%
1.31%
Summary of Public Comments Received for the
Landfill Site Selection Criteria Technical Memorandum
Comment
Response
Don't use weighting for things outside county control. For
example, you won't be allowed to site it in sage grouse
habitat, winter wildlife range or other state and federally
protected habitats. So remove the weighting and just
don't go there. It'll die in court. Not too mention that it's
just plain wrong.
Criteria "outside County control" must be included as
part of an overall comprehensive County -wide evaluation
of all adequately sized parcels. Some potential sites will
likely drop out through the initial fatal -flaw analysis for
specific criteria. Depending on the nature of particular
criteria, some of the commenter's examples can
potentially be mitigated if a particular parcel remains on
the list through the Broad and Focused evaluation steps.
The highway 97 corridor is a prime focus to minimize
impacts from hauling and incorporating loads from
transfer stations.
Any property on the Hwy 97 corridor that meets the
initial acreage criteria will be given consideration as part
of the County -wide evaluation. No specific area can be
given focussed consideration during the initial phases of
site screening. Transportation impacts are included in the
analysis.
Consider land acquisition from USFS which would open
up sites between Bend and Sun River. Likewise, the BLM
for sites between Bend and Redmond. These are the
sources so stay close and leverage the best roadway in
central Oregon.
Depending on the status/classification of Federal lands,
availability may be limited or may require processes such
as NEPA, which will take time beyond the remaining site
life of Knott Landfill. Federal lands on designated surplus
lists will be given due consideration. Haul distance is
included in the analysis.
Don't forget about rail.
Rail transportation is not a viable transportation mode
for waste haul within Deschutes County. Rail haul is
typically used for hauls in excess of 300 miles.
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: Wednesday, June 22, 2022
SUBJECT: Consideration of Request of Mt Bachelor Grant application for Biomass District
Heating Project
BACKGROUND: Mt. Bachelor Ski Resort is requesting Deschutes County to submit a grant
application to the Oregon Department of Energy for a Community Renewable Energy Grant
Program to support Mt. Bachelor biomass district heating project.
ATTENDANCE:
Nick Lelack, County Administrator
TO: Deschutes County Board of Commissioners
FROM: John McLeod (Mt. Bachelor Ski Resort)
CC: Andrew Haden (Wisewood Energy), Meagan Hartman (Wisewood Energy)
DATE: June 13, 2022
RE: Request that County applies to ODOE grant to support Mt. Bachelor biomass district heating project
Mt. Bachelor Ski Resort is pursuing the development of a biomass district heating system that will provide thermal energy
to West Village facilities using waste woody material generated from forest restoration activities in the Deschutes National
Forest and surrounding landscape. In December 2021 the Deschutes County Board of Commissioners approved $1,000,000
in Transient Room Tax (TRT) funds for the purpose of funding a portion of the costs to construct the biomass system, and in
May 2022 the US Forest Service announced that it would award Mt. Bachelor $1,500,000 to support project construciton.
These generous funds bring the project two-thirds of the way to reaching Mt. Bachelor funding goals, which will unlock
Powdr's ability to invest in the remaining cost of implementation.
The Oregon Department of Energy (ODOE) has announced a new Community Renewable Energy Grant Program (CREP)
with a maximum award of $1,000,000 for construction projects, which will help to fill the gap for implementation of the
Mt. Bachelor project. Because the ODOE CREP requires applicants to be public entities, Mt. Bachelor is asking the County
to apply to the grant program on behalf of the project. Details of the grant requirements and proposed roles are described
below.
GRANT SUMMARY
• Objectives of the grant are to support offsetting the cost of planning and developing community renewable energy
projects; make community renewable energy projects economically feasible for qualifying communities; promote
small-scale renewable energy projects; and provide direct benefits to communities across this state in the form of
increased community energy resilience, local jobs, economic development, or direct energy cost savings to families
and small businesses.
• Eligible applicants include: one of Oregon's federally recognized Native American Tribes, a public body, or a
consumer -owned utility.
• The Mt. Bachelor biomass district energy project is eligible under category 22-004: grant dollars to support
developing a community renewable energy project that does not qualify as a community energy resilience project.
• Benefits of the Mt. Bachelor project as they pertain to the CREP grant include:
o Support local economic development: Tourism is a major economic activity in Deschutes County, especially
outdoor recreation. Not only is Mt. Bachelor a major driver of the tourism industry, but the biomass
project will support forest restoration activities that improve the health of the broader landscape
enjoyed in other recreational activities.
Page 1 of 2
o Support energy resilience in the County: While switching from propane to locally -available wood is a
direct improvement in energy resilience for Mt. Bachelor, it will also set an example for other future
renewable energy projects in Deschutes County. This is particularly relevant as the City of Bend explores
options to get to 100% renewable energy.
• The grant ask will be for $1,000,000, which is less than 50% of the total project cost per grant requirements.
• Grant deadline is July 8, 2022.
PROPSED RESPONSIBILITIES
• Deschutes County will submit grant materials as the applicant, and will execute a performance agreement with
ODOE. The applicant will be able to distribute the funding as is necessary for the project; however, the applicant
remains responsible for ensuring the terms and conditions of the performance agreement are complied with.
o After verified completion of construction, reports will be required annually for the first five years of the
project's operation. These annual reports will include information on jobs provided by the project,
quantity of energy produced monthly and annually, and other information outlined in the Performance
Agreement.
■ Of the $1,000,000 grant an amount of $20,000 is to be allocated to cover the County's
administrative costs for the grant management.
• Mt. Bachelor and Wisewood will be responsible for providing information needed in performance agreements.
• Mt. Bachelor and Wisewood will be responsible for drafting and compiling all materials needed for grant
submission.
ADDITIONAL RESOURCES
• Grant Website is here.
• See Opportunity Announcement for 22-004 attached.
• See Flyer for Construction Projects attached.
• Contact Matt Reilly (Mt. Bachelor) or Meagan Hartman (Wisewood) for more information:
mreilly@mtbachelor.com, meagan@wisewoodenergy.com.
Page 2 of 2
Applicatir
by July
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
Community
Renewable Energy
Grant Program
nilOREGON
DEPARTMENT OF
ENERGY
The Oregon Department of Energy is offering grants of
up to $1 million for constructing community renewable
energy and energy resilience projects. Partnerships between
the applicant and community groups, non -profits, private
businesses, and others are encouraged. Projects must be
located outside of Portland.
Eligible applicants include:
• Tribes
• Cities
• Counties
• Consumer -Owned Utilities
• Special Districts
• All other public bodies defined in ORS 174.109
Eligible technologies include:
Grant funds may be used for constructing community energy
projects, up to 20 megawatts in size, including:
• Renewable energy generation systems such as solar PV or wind
turbines.
• Energy storage systems such as batteries paired with a new or
existing renewable energy generation system.
• Vehicle charging stations paired with a new or existing
renewable energy generation system.
• Microgrid technologies paired with a new or existing
renewable energy generation system.
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
Oregon Department of Energy Email: community.grantsPenergy.oregon.gov Phone: 503-378-4040
550 Capitol St. NE, 1st Floor
Salem, OR 97301
OREGON
DEPARTMENT OF
ENERGY
Opportunity Announcement for the
Community Renewable Energy Grant Program
Opportunity Announcement No. 22-004 for:
Grant dollars to support developing a community renewable energy project that does not
qualify as a community energy resilience project.
Contact
Address: Oregon Department of Energy
550 Capitol St NE, 1st Floor
Salem, OR 97301
Email: community.grantsPenergy.oregon.gov
Schedule
Event
Date
Opportunity Announcement Published
March 7, 2022
Opening of Opportunity Period
March 7, 2022
Questions Due
June 17, 2022
Final Questions and Answers Posted
June 24, 2022
Closing of Opportunity Period & Applications Due
July 8, 2022
Eligibility and Completeness Review (approximate)
July 29, 2022
Competitive Review (approximate)
September 9, 2022
Award Notification (approximate)
September 23, 2022
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 1
Contents
Section 1: Purpose and General Information 3
1.1 Introduction 3
1.2 Objectives 3
1.3 Grant availability 3
1.4 Eligibility 3
Section 2: Application Requirements & Process 4
2.1 Submission of Applications 4
2.2 Other Incentives or Grants 8
2.3 Questions 8
Section 3: Review Process 9
3.1 Overview of Review Process 9
3.2 Eligibility and Completeness Review 9
3.3 Competitive Review 9
3.4 Offer of Performance Agreement 11
Section 4: Grant Process and Payment 11
4.1 Reporting 11
4.2 Amendments 12
4.3 Disbursing Grant Award 12
4.4 Inspection & Audit 12
Section 5: Additional Information 13
5.1 Public Information, Confidentiality 13
5.2 Reservation of Department Rights 13
5.3 No Obligation 13
5.4 Sunset Information 13
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 2
Section 1: Purpose and General Information
1.1 Introduction
The purpose of this Community Renewable Energy Grant Program opportunity announcement
is to create an application, competitive review, and grant award process that follows the
requirements of the legislation and rules under which the Community Renewable Energy Grant
Program is administered to determine which projects will receive grant funding.
1.2 Objectives
The Community Renewable Energy Grant Program provides grants to:
• Support offsetting the cost of planning and developing community renewable energy
projects;
• Make community renewable energy projects economically feasible for qualifying
communities;
• Promote small-scale renewable energy projects; and
• Provide direct benefits to communities across this state in the form of increased
community energy resilience, local jobs, economic development, or direct energy cost
savings to families and small businesses.
This opportunity announcement aims to support developing a community renewable energy
project that does not qualify as a community energy resilience project.
1.3 Grant availability
The Department has $12,000,000 in grant funds available for four open Community Renewable
Energy Grant Program opportunity announcements. A minimum of 50 percent of these funds
are reserved for projects that qualify as a community energy resilience project, and a minimum
of 50 percent is reserved for community renewable energy projects that primarily serve a
qualifying community.
The maximum grant available for developing a community renewable energy project, whether
it qualifies as a community energy resilience project or not, is $1,000,000. If the grant is not for
a community energy resilience project, the grant may be used to cover up to 50 percent of the
project costs.
1.4 Eligibility
An applicant must be one of Oregon's federally recognized Native American Tribes, a public
body, or a consumer -owned utility. See ORS 174.109 for a definition of public body. An
applicant may partner with a federally recognized Native American Tribe, public body, nonprofit
entity, private business with a business site in Oregon, or owner of rental property in Oregon.
Eligible community renewable energy projects must utilize one or more renewable energy
systems. Eligible renewable energy system technologies include:
• Energy generation:
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 3
o Biomass
o Solar
o Geothermal
o Hydroelectric
o Wind
o Landfill gas
o Biogas
o Wave
o Tidal
o Ocean thermal energy technology
• Energy storage
• Microgrid technologies
• Electric vehicle charging
A new energy storage system, microgrid technology, or electric vehicle charging station must be
paired with an existing or newly -constructed renewable energy generation system listed above.
Other eligibility requirements for a grant to develop a community renewable energy project
include:
• The project must be located in, and benefit, a community in Oregon and must not be
located in a city with a population of 500,000 or more.
• The project must provide a direct benefit to a community in the form of increased
community energy resilience, local jobs, economic development, or direct energy costs
savings to families and small businesses.
• The project must not exceed 20MW of nameplate capacity, if the project is for
generating renewable energy.
• The project must operate for at least five years.
• The applicant must meet all the application requirements detailed in Section 2 of this
opportunity announcement.
Costs eligible to be covered by a Community Renewable Energy Grant project development
grant are detailed in OAR 330-250-0100.
Section 2: Application Requirements & Process
2.1 Submission of Applications
Applications must be submitted through the Department's online application portal with all the
requested information. Access to the application portal, and associated materials are available
on the Oregon Department of Energy website.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 4
Applications that are submitted improperly or are incomplete may be rejected. The Department
must receive applications no later than the due date on the cover of this opportunity
announcement.
On the application form, the applicant must list a person as the point of contact for the
application. The Department will contact this designated responsible party with technical
questions; it is the job of the designated point of contact to coordinate and submit responses to
the Department.
A complete planning grant application includes, at a minimum:
(1) An application form with all required information completed.
(2) Applicant eligibility information and contact details.
(3) Information about any partner organizations and their roles, including:
(a) For any partner that is a private business, documentation that the partner has a
business site located in Oregon.
(b) For any partner that is an owner of rental property, documentation that the
partner owns rental property located in Oregon.
(4) The following supplemental documents:
(a) Written authorization from the applicant's governing body allowing submission
of the application.
(b) For any partner that is a public body, written authorization from the partner's
governing body allowing submission of the application.
(c) Evidence the application has been drafted in consultation with regional
stakeholders for the purpose of ensuring feasibility. This must include a
description of the applicant's consultation with regional stakeholders and
community groups, and any additional community engagement process as part
of developing the project development grant application.
(d) Evidence the application has been drafted in consultation with electric utilities
that have customers in the communities covered by the community renewable
energy project, for the purpose of ensuring feasibility. This may include a high-
level assessment of the impacts of the proposed project on existing utility
infrastructure and the estimated costs for interconnection of the proposed
project. Evidence may include:
(A) A letter confirming consultation from the electric utility serving the
communities covered by a community renewable energy project.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 5
(5)
(B) Utility interconnection application or interconnection agreement.
(e) A statement of how the applicant will comply with applicable state and local laws
and regulations, and that states the applicant will notify the appropriate
agencies and obtain the required licenses and permits.
A description of the project including:
(a) Clear overall project description that includes the project design, the equipment
proposed to be used in the project, any engineering studies or calculations
already done, status of the utility consultation, and planning already done.
(b) A description of the project location including details of its location in Oregon
and not in a city with a population of 500,000 or more. An assessment of the
suitability of the site, and the degree to which the applicant has secured site
control.
(c) If the project is for generating renewable energy, include information on:
(A) The equipment technical specifications, including manufacturer's
information and warranties for the selected technology and all other major
project equipment, including information that demonstrates the system will
operate for at least five years.
(B) The nameplate capacity (KW).
(C) The projected amount of net energy the project will generate, in KWh per
year.
(D) A renewable resource assessment demonstrating adequate renewable
resource availability for the proposed system operations. The resource
assessment must describe the type of resource available, explain how the
applicant evaluated and estimated the resource availability, and how the
system will ensure access to the resource.
(d) If the project is for energy storage, include information on:
(A) The equipment technical specifications, including manufacturer's
information and warranties for the selected technology and all other major
project equipment, include information that demonstrates the system will
operate for at least five years.
(B) Nameplate power capacity in KW.
(C) The projected amount of net energy the project will supply, in KWh per year.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 6
(D) Proposed operational use cases for the energy storage project, including
emergency backup power, providing grid services, demand reduction,
arbitrage, or any other planned uses.
(e) If the community renewable energy project will add capacity to or be paired with an
existing renewable energy system, for example pairing energy storage and/or
microgrid enabling technologies with an existing solar photovoltaic array, the
applicant must include a description of the existing renewable energy system.
(6) A project management plan that contains:
(a) List of project team members, their roles and lines of authority, and experience with
similar projects.
(b) A detailed construction plan and project schedule with major milestones including
the target operational date of the system. The schedule must show construction
beginning within 12 months of execution of the performance agreement and will be
completed within 36 months of execution of the performance agreement.
(c) A description of how the applicant will manage planning, construction, and system
start-up. Include a commissioning plan if developed.
(d) A detailed description of the project operations plan post construction that
demonstrates the project will operate as represented for at least five years, and for
the life of the project. The applicant should show how the project will be operated,
the estimated costs, how maintenance and operations will be adequately funded,
and that there will be sufficient experienced personnel to operate the plant.
(e) Information on the number and types of jobs directly connected to the awarding of
the grant that will be:
(A) Created by the project; and
(B) Sustained throughout construction and operation of the project.
(7) A detailed description of the community benefit and equity considerations, or other
documentation of the extent to which the community renewable energy project would
be located in and/or will serve one or more qualifying communities. This should include
a description of the location, the communities served, and the community benefits. It
could also include, but is not limited to:
(a) A description of qualifying communities involved in project development and
operations, and the extent to which they are represented in project leadership.
(b) A description of any partnerships with qualifying communities.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 7
(c) A description of outreach done to qualifying communities. This could include, but is
not limited to, descriptions of surveys of the local community, attendance or
participation at public meetings, and community ideas and recommendations
incorporated in project plan.
(d) A description of any equity framework used by applicant in developing the project.
(e) A description of the level of direct energy cost savings to families and small
businesses that will result from the project.
(f) A description of the level of economic development that will result from the project.
(8) The grant amount requested and project budget, including:
(a) The anticipated total project cost, which must contain an itemized list of costs
designated as either eligible or non -eligible for the grant. Breakdown of cost should
show equipment and materials, labor, engineering, and other soft costs.
(b) A description of any other incentives that the applicant has been or may be awarded
that are directly related to the renewable energy system in the application.
(c) A description of the applicant's project financing plan that includes potential sources
for funding during construction, and to cover the balance of project costs beyond
the grant amount and other incentives.
(9) If applicable, a description of how the community renewable energy project would
integrate with broader community energy and environmental goals.
The department will not accept amendments to applications during the opportunity period. An
applicant may withdraw an application and submit a replacement application during the
opportunity period.
2.2 Other Incentives or Grants
In the application, an applicant must indicate other incentives that have been or may be
awarded that are directly related to the renewable energy system in the application. The
amount of any potential CREP grant will be reduced if in combination with other incentives the
amount exceeds 100 percent of the project costs.
2.3 Questions
Questions, including requests for explanations of the meaning or interpretation of provisions of
this opportunity announcement, must be submitted via email to
community.grants@energy.oregon.gov and be received by the due date for questions set forth
on the cover of this opportunity announcement. To help ensure questions are answered and
responses are posted appropriately, please identify "CREP question" in your subject line.
Answers to questions submitted will be posted online for access by all applicants.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 8
Section 3: Review Process
3.1 Overview of Review Process
The Department staff will first review all applications on a pass/fail basis to determine if each
application is complete, meaning it includes all the minimum required elements described in
section 2.1 of this opportunity announcement. The Department will evaluate all applications for
completeness. The Department will conduct a competitiveness review of all complete
applications and based on the competitive review results; certain applications may be offered a
performance agreement.
The only information the Department will consider in the review process is that which is
submitted by the applicant through the application process. Attempts to improperly influence
the review process by submitting additional information or contacting the agency review team
with additional information will result in application denial. All comments and questions should
be submitted via email to community.grantsPenergy.oregon.gov.
3.2 Eligibility and Completeness Review
Department staff will first review all applications on a pass/fail basis to determine if each
application is complete, meaning it includes all the minimum required elements described in
section 2.1 of this opportunity announcement. The applicant's failure to comply with the
instructions or failure to submit a complete application may result in the application being
found incomplete and rejected. Only those applications that meet the minimum requirements
will be considered for further review. If the applicant is relying on information in attachments,
the information in the attachments should be readily identifiable with explicit references noted
on the application form.
If the Department finds that the application is complete, the Department will notify the
applicant that the application will move into the competitive review process. The Department
will not process incomplete applications, though the Department may request additional
information from an applicant if necessary to support the competitive review process. The
Department will provide written notification to the applicant of incomplete applications that
their application is not moving to the competitive review. If an application is found to be
incomplete, the applicant may apply in a future opportunity announcement.
3.3 Competitive Review
The requested information detailed in Section 2.1 is the minimum required information for an
application to be considered complete. Some of the scoring criteria in Section 3.3 are optional.
Applicants that demonstrate they meet these criteria may score higher during the competitive
review process. The online application portal will provide details on how to submit this
information.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 9
Development Project — Community Renewable Energy Project
Points
Competitive Review Criteria
Project Feasibility
Strength of project team: applicant provides a list of significant members, clearly defined
roles, sufficient number of team members, experience of the team on similar projects,
clear ownership and partners.
45
Strength of project operations plan: applicant details how are they going to maintain and
operate project, how it will be adequately staffed and includes a contingency plan.
Strength of project description: applicant adequately describes the project to be
constructed.
Strength of financial plan: applicant adequately demonstrates financial ability to complete
and operate the project.
Strength of construction plan and detailed schedule: applicant demonstrates construction
will begin within 12 months of Performance Agreement and will be completed within 36
months. Clear lines of authority and duties outlined in the plan. Adequate description of
project milestones and level of detail in the plan and schedule.
Program Priorities & Project Benefits
Equity:
• Location in Community: Project is located in a qualifying community.
• Communities Served: Project provides direct benefits to one or more qualifying
communities.
• Project Leadership: Applicant demonstrates members of qualifying communities
are involved in the project and represented in project leadership.
• Community Partnerships. Applicant provides a description of the consultations
with regional stakeholders and community groups, and any additional community
engagement process as part of developing the grant application.
• Community Outreach Plan: Applicant includes a community outreach plan that
describes the participation and engagement by people with low incomes; Black,
Indigenous or People of Color; members of tribal communities; people with
disabilities; youth; people from rural communities; and people from otherwise
disadvantaged communities in the siting, planning, designing, or evaluating of the
proposed project. This could include, but is not limited to, descriptions of surveys
of the local community, attendance or participation at public meetings,
community ideas and recommendations incorporated in project plan.
• An Equity Framework is used by the applicant to guide development, or is
proposed to guide implementation or evaluation, of the project.
15
Demonstrates significant prior investments in energy efficiency measures at the project
location or will result in aggregate improvements to demand response capabilities.
Evidence may include utility or Energy Trust of Oregon project documentation or finance
statements demonstrating investments.
5
Project constructed in part or in whole by disadvantaged business enterprises, emerging
small businesses, or businesses that are owned by minorities, women, or disabled
veterans.
5
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022)
10
Applicant includes information detailing the extent to which the project includes inclusive
hiring and promotion polices.
5
Project assists applicant in achieving goals included in the applicants' natural hazard
mitigation plan as approved by the Federal Emergency Management Agency.
5
Level of anticipated direct energy cost savings to families and small businesses (amount of
savings predicted relative to the grant request amount, number of families and
businesses that see direct savings, diversity and types of families and businesses that see
the direct benefits).
5
Level of anticipated economic development (beyond job creation, will the construction
project increase average incomes, ensure sustainable economic growth, innovation,
workforce development, business retention and expansion, and promotion of an
environment that supports entrepreneurship and small business development).
5
Level of anticipated local jobs directly created during construction, and directly sustained
during operations, in relation to the size of the requested grant amount.
5
Project Diversity
Geographic Diversity
5
Diversity or technology/resource/project size
Applications will be ranked based on the competitive review scores and recommendations from
competitive review committee. Final recommendations will be determined by the department.
Applicants that are recommended for awards may be offered a Performance Agreement.
The Department will notify applicants of the competitive review outcome in writing. Projects
not selected may be eligible to apply again during a future opportunity announcement.
3.4 Offer of Performance Agreement
Following the competitive review, successful applications may be offered a performance
agreement. The grant amount offered may be less than requested. The Department will
communicate to the applicant the conditions surrounding the offer of a performance
agreement. Applicants will have 30 calendar days to respond in writing to the offer, after which
the Department may revoke the offer.
The performance agreement will include the terms provided in OAR 330-250-0130, and may
include additional terms, such as reporting frequency. In accordance with OAR 330-250-0130
(4), failure to agree to the terms of a performance agreement may result in the Department
rejecting the grant application.
Section 4: Grant Process and Payment
4.1 Reporting
Once a Performance Agreement is executed, successful applicants will be required to submit
project progress reports as specified in the performance agreement.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 11
After verified completion of construction, reports will be required annually for the first five
years of the project's operation. These annual reports will include information on jobs provided
by the project, quantity of energy produced monthly and annually, and other information
outlined in the Performance Agreement.
4.2 Amendments
Performance agreements may be amended only as provided under OAR 330-250-0140. The
grantee must submit a written amendment request to the director to amend a performance
agreement. Prior to approval of an amendment, the grantee must demonstrate that the project
with the proposed change will continue to meet the requirements in statute, rule, and the
opportunity announcement, as well as continuing to be technically feasible, and operating
essentially as originally proposed. The grantee has the responsibility to provide complete
technical documentation that will support a case for the proposed amendment. The
Department may deny amendments submitted without such justification and documentation.
The Department will evaluate amendments to determine if the change would have affected the
outcome of the competitive review, which may result in pro -rating the award amount or denial
of the amendment request. Amendment request will not result in an increased award amount,
even if the output of the project or the project costs increase.
4.3 Disbursing Grant Award
Once a Performance Agreement is executed, up to 30 percent of the grant funds may be
released if the applicant demonstrates:
■ They have taken meaningful steps to seek site control, including but not limited to an
option to lease or purchase the site or an executed letter of intent or exclusivity
agreement to negotiate an option to lease or purchase the site; and
■ Filed a request for interconnection with a host utility or appropriate transmission
provider; and
■ Met any other requirements provided by the Department in the performance
agreement.
The remaining grant funds will be released upon verification of the completion of the project
and submission of the final report and other required materials from the Performance
Agreement. The final distribution amount may be reduced based on the CPA verification letter
required in the final report as specified in the Performance Agreement. Grant amounts cannot
exceed the cost of the project less other incentives.
4.4 Inspection & Audit
The Department reserves the right to conduct a physical inspection of all projects and to audit
all documentation relating to a project for which a grantee and the Department have entered
into a performance agreement.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 12
Section 5: Additional Information
5.1 Public Information, Confidentiality
The State of Oregon's Public Records Law (ORS 192.311 through 192.478) applies to filings and
applications submitted to the Department. The law states every person has a right to inspect
any public record of a public body, subject to certain exceptions. Applications are public
records, and the Department may be required by law to disclose information in the application
to the public on request. An applicant may request confidentiality of certain information in its
application by marking the information confidential. Marking information does not guarantee
that it will be kept confidential, however, and the Department will make any decisions
regarding public disclosure of information contained in this application in accordance with
Oregon Public Records Law.
Grant funding from the state of Oregon may be reported on Oregon Transparency, a state
agency tool available for Oregonians to learn about how state government works, taxes are
used, and more. The data and information on this website are provided to users for general
knowledge and information. It excludes data and information that is confidential, protected, or
private under state and federal laws, and is unaudited.
The Department may publicly announce awarded grantees under this program. The public
announcement may include, but is not limited to: the system owner's name, partner's names,
type of project and/or description, location of project, size of the project, total cost of the
project, and the awarded grant amount.
5.2 Reservation of Department Rights
The Department reserves all rights regarding this opportunity announcement, including,
without limitation, the right to:
1. Amend, delay, or cancel the opportunity announcement without liability if the
Department finds it is in the best interest of the State of Oregon to do so;
2. Not consider any or all applications received upon finding that it is in the best interest of
the State of Oregon to do so;
3. Deem incomplete any application that fails substantially to comply with all prescribed
opportunity announcement procedures and requirements; and
4. Allocate a grant amount less than the amount requested by applicant, at its discretion.
5.3 No Obligation
The Department is not obligated as a result of the submission or acceptance of an application
to award a grant to an applicant.
5.4 Sunset Information
If awarded, a grant applicant's performance agreement will outline the timeframe required to
receive the grant award. In general, CREP development grant performance agreements provide
12 months from the date of the agreement for the applicant to begin construction and 36
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 13
months for the project to be completed. Extensions to the final completion period may, at the
Department's discretion, may be granted for a reasonable time frame if good cause to extend
the deadline is demonstrated.
Oregon Department of Energy
Opportunity Announcement 22-004 (March 2022) 14
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: Wednesday, June 22, 2022
SUBJECT: Ordinance Adoption: Bend UGB Expansion, Plan Amendment, and Zone Change
- Affordable Housing Pilot Project Work Session (HB 4079)
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioner (Board) will consider first and second reading of Ordinance
2022-006 and Ordinance 2022-007, approving a request for a Comprehensive Plan Amendment
and Zone Change (file nos. 247-22-000123-PA, 124-ZC) for a 35.52-acre property located on
Highway 20, adjacent to the eastern edge of the City of Bend's Urban Growth Boundary (UGB).
The subject proposal is to accommodate the future Parkside Place project pursuant to the City of
Bend's approved application for Affordable Housing Pilot Program submitted to the State of
Oregon under House Bill (HB) 4079 and OAR 660-039-0000 through 100. A public hearing on the
quasi-judicial Plan Amendment/Zone Change application was held before the Deschutes County
Hearings Officer on May 10, 2022.
BUDGET IMPACTS:
None
ATTENDANCE:
Kyle Collins, Associate Planner
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Kyle Collins, Associate Planner
DATE: June 15, 2022
SUBJECT: Adoption of Ordinance 2022-006 and Ordinance 2022-007 - Bend UGB Expansion,
Plan Amendment, and Zone Change (Affordable Housing Pilot Project - HB 4079)
The Board of County Commissioners (Board) will consider a first and second reading of Ordinance
2022-006 and Ordinance 2022-007 on June 22, 2022 to consider a request for a Plan Amendment and
Zone Change (file nos. 247-22-000123-PA, 124-ZC) for a 35.52-acre property located on Highway 20,
adjacent to the eastern edge of the City of Bend's Urban Growth Boundary (UGB).
I. BACKGROUND
The Applicant, Hayden Homes, is requesting an Amendment to the Comprehensive Plan designation
and a Zone Change of the subject property from Rural Residential Exception Area (RREA) and Multiple
Use Agricultural (MUA10) Zone to Bend Urban Growth Area and Urbanizable Area (UA) District,
respectively. The subject proposal is to accommodate the future Parkside Place project pursuant to
the City of Bend's approved application for Affordable Housing Pilot Program submitted to the State
of Oregon under House Bill (HB) 4079 and OAR 660-039-0000 through 100. The proposal is being
pursued in conjunction with an application to the City of Bend for expansion of the City of Bend's
Urban Growth Boundary (UGB) to include the subject property. Additionally, the Applicant has
provided findings within the burden of proof that demonstrate compliance with state and local
requirements and policies. The current project follows the Board's passing of Resolution 2018-029
("A Resolution of Support for the City of Bend's Application for a Pilot Program for Urban Growth
Boundary expansion for Affordable Housing under HB 4079") in which the City of Bend and Deschutes
County coordinated on choosing the subject parcel for the future affordable housing project as well
as the application to the State to be considered for selection in the pilot program.
II. HEARINGS OFFICER DECISION
The Deschutes County Hearings Officer held a public hearing on May 10, 2022. On May 20, 2022, the
Hearings Officer issued a recommendation of approval for the proposed Plan Amendment and Zone
Change. No appeals of the Hearings Officer decision were filed.
III. BOARD CONSIDERATION
The property does not include lands designated for agricultural or forest use. As such, Deschutes
County Code 22.28.030(B) states:
All quasi-judicial zone changes and those quasi-judicial plan amendments on which the Hearings
Officer has authority to make a decision, the Board of County Commissioners shall, in the absence
of an appeal or review initiated by the Board, adopt the Hearings Officer's decision. No argument
or further testimony will be taken by the Board.
As no appeals were filed and no review was initiated by the Board, the Board is required to adopt the
Hearings Officer's decision. No argument or further testimony can be taken by the Board on these
matters.
IV. CITY OF BEND DELIBERATIONS AND ADOPTION
The Bend City Council held a public hearing on the subject application on June 15, 2022. At this time,
staff understands that the City Council will hold a second reading of the applicable City Ordinances
approving the expansion of the UGB on July 20, 2022, with an effective date of August 19, 2022.
However, should the City's process necessitate a change in the County's procedures, staff will notify
the Board at the June 22 meeting.
V. BOARD ADOPTION
Based on the City of Bend's adoption timeline for the proposed UGB expansion, staff recommends
that the Board adopt the corresponding County Ordinances by emergency, with an effective date of
August 19, 2022. Adoption by emergency will allow a streamlined process for the Applicant as both
the City and County portions of the project will conclude concurrently. Staff notes that additional
review will still be required before onsite work can begin, including City annexation of the subject
property. Staff notes the specifics of the physical design for the site and all related issues will be
reviewed for compliance with the City of Bend's development codes as well as compliance with the
specific standards of HB 4079.
ATTACHMENTS:
1. Area Map
2. Ordinance 2022-006 and Exhibits
Exhibit A: Legal Description
Exhibit B: Proposed Plan Amendment Map
Exhibit C: Comprehensive Plan Section 23.01.010, Introduction
Exhibit D: Comprehensive Plan Section 5.12, Legislative History
Exhibit E: Hearings Officer Recommendation/Decision
3. Ordinance 2022-007 and Exhibits
Exhibit A: Legal Description
Exhibit B: Proposed Zone Change Map
Exhibit C: Hearings Officer Recommendation/Decision
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