2022-411-Minutes for Meeting October 14,2022 Recorded 10/31/2022\)SES CD 1
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oBOARD OF Steve Dennison, County Clerk
COMMISSIONERS Commissioners' Journal 10/31 /2022 2:05:05 PM
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(541) 388-6571 2022-411
FOR RECORDING STAMP ONLY
DESCHUTES COUNTY LEGISLATIVE UPDATE
1:00 PM FRIDAY, OCTOBER 14, 2022 HYBRID: IN -PERSON AND VIA
ZOOM CONFERENCE CALL
A hybrid legislative update meeting was held on Friday, October 14, 2022 at 1:00 p.m. via Zoom
Virtual Meeting Platform and in the Allen Room of the Deschutes County Services Center for a
weekly scheduled event during this 2022 Legislative Session. No representatives of the media
were in attendance. This meeting was audio/video recorded and is accessible at
www.deschutes.org/meetiDZs.
Deschutes County Attendance:
X
Commissioner Patti Adair, Chair
X
Nick Lelack, County Administrator
X
Commissioner Anthony DeBone, Vice Chair
X
Erik Kropp, Deputy County Administrator
X
Commissioner Phil Chang
X
Whitney Hale, Deputy County Admin.
David Givans, Internal Auditor
X
Robert Tintle, Chief Financial Officer
David Doyle, Legal Counsel
X
Janice Garceau, Health Services Director
X
Chris Doty, Road Department Director
Tom Kuhn, Public Health Program Mgr.
Peter Gutowsky, Community Development
Director
X
Kathleen Hinman, Human Resources
Director (Zoom)
Keith MacNamara, Veterans' Services
Manager
X
Deevy Holcomb, Community Justice
Director (Zoom)
X
Kristie Bollinger, Property Manager
Dan Emerson, Budget Manager
X
Lee Randall, Facilities Director (Zoom)
Chad Centola, Solid Waste Director
Tim Brownell, Incoming Solid Waste Dir.
X
Geoff Hinds, Fair & Expo Director (Zoom)
Joe Stutter, Interim County Forester
X
Sara Crosswhite, 9-1-1 Director (Zoom)
X
Steve Dennison, Clerk (Zoom)
Scott Langton, Assessor
John Hummel, District Attorney
Stephen Gunnels, Chief Deputy District
Attorney
2022 DESCHUTES COUNTY LEGISLATIVE UPDATE OCTOBER 14, 2022 PAGE 1 OF 6
Joe Sadony, Information Technology X Angie Powers, BOCC Administrative
Director Assistant
X William Groves, Planning Manager X Kim Riley, Assistant Legal Counsel
Introductions: Commissioner Adair called the meeting to order at 1:02 p.m. Whitney Hale,
Deputy County Administrator, outlined that the purpose of this meeting was to gather
feedback from the Board and departments about legislative issues that the Board has
worked on in the past, and to have an initial discussion about potential legislative priorities
for this year's session.
Department Heads introduced themselves, followed by Doug Riggs and Iris Maria Chavez
with Northwest Policy Advocates.
NW Policy Advocates Update:
Mr. Riggs gave a quick overview of the upcoming legislative session. He explained that this
is a period of change, with a new Governor for the State of Oregon being sworn in at the
first of the year. Regardless of who is elected Governor, it is expected that new agency
directors will be appointed. The House and Senate races are also underway. A large portion
of the capitol building in Salem is still closed, and 41 of the 90 members of congress will not
observe the first day of the legislative session in -person. The learning curve will be high,
with 20-25 new members who have never served before. Riggs suggested that
departments focus on three to five top priorities. He spoke of the importance of
collaboration and working with other coordinated groups, such as AOC or EDCO.
Deschutes County's population continues to grow, which comes with unique challenges.
Northwest Policy Advocates has ten clients in total, so they are able to focus on their clients
and will make Deschutes County a top priority.
Deschutes County Update:
Chair Adair spoke about the continuing challenges of inflation to the residents of
Deschutes County, with Oregon's high gas prices and grocery costs putting strains on
families.
Chris Doty, Road Department Director, spoke about his department's priorities. They have
a stronger advocacy for infrastructure through AOC. A house bill doing away with the "Fund
Exchange" is important to the Road Department. ODOT gets $40 million annually in grant
block funds from the federal government, and through the Fund Exchange program,
2022 DESCHUTES COUNTY LEGISLATIVE UPDATE OCTOBER 14, 2022 PAGE 2 OF 6
instead of giving federal dollars to local governments, it gets filtered through ODOT's
financial process. This eliminates a lot of restrictions placed on federal funding. ODOT
takes this federal money and filters it through their programs and gives city/county
governments, state dollars. ODOT is not wanting to do Fund Exchange any longer and is
trying to discontinue this program. HB 2017 should allow this fund exchange to take place
but ODOT says they are not able to do so. The second bill Mr. Doty spoke of has to do with
counties being prohibited from recovering fees from utilities. There are utilities that are
coming through the state using county roads connecting data centers in Oregon to data
centers in Washington. They like to utilize county roads for utility installation because they
are lighter traveled. They are interested in instituting fee recovery from utilities that use
County rights of way. They are going to try to recover some of these funds. Normal
defensive bills: Tax on STCs, and an increase of 1 % to 5% for Bike Ped.
Kristie Bollinger, Property Manager, is on the Oregon Board of Property Managers
Association, an associate of AOC. She's interested in a bill that has died the past two years,
which would change the allocation of the tax proposed revenue, and they're monitoring to
see if it comes up again. The way the bill was written would be very difficult to implement
for her department. Property Management is interested in anything that has to do with
housing. Property management goals are related to County Commissioners' goals, and
ways in which they can help with housing.
Sara Crosswhite, 9-1-1 Director, shared that APCO Legislative Committee and the
Government Relations Strategies work for all 9-1-1 centers in the state of Oregon, and they
put together any bills that may affect 9-1-1 operations. A bill having to do with PERS is
important to telecommunicators wishing to retire at 25 years of service without a
percentage hit, similar to police and fire. Ms. Crosswhite is not aware of any additional bills
affecting 9-1-1. She shared that staffing challenges continue to affect public safety,
including 9-1-1. Eleven vacancies exist at 9-1-1, and they were just notified of another
retirement.
Kathleen Hinman, HR Director, spoke about her department's focus on compensation and
employment. The Oregon Pay Equity Act and HB 4004 are followed, as they relate to
employment compensation. Organized labor (the County has 7 different employee groups,
6 different unions) has lots to watch. 9-1-1 Operators being PERS-eligible at 25 years of
service is also closely watched. The application of Law Enforcement processes, are
followed. The County's unique self -insured benefit plan and on -site pharmacy, and how
legislation may affect it, is a top priority. Oregon Paid Leave rule making for employers is
also being monitored. Mr. Riggs said that the Pay Equity Act is front and center. Police and
Fire are concerned about losing employees, as is Behavioral Health. Attracting and
retaining employees has been challenging.
Geoff Hinds, Fair & Expo Director, the Ag Education Bill HB3008 didn't make it to committee
but may make its way back around. They track this closely. OFAA is looking to bring forward
2022 DESCHUTES COUNTY LEGISLATIVE UPDATE OCTOBER 14, 2022 PAGE 3 OF 6
something similar to HB3173, which would trade a reduction in the percentage of funding
received in exchange for a cap removal of lottery fund dollars to county fairs. This would
benefit Deschutes County, but we do have one of the nicest facilities statewide. Many other
fairgrounds are in dire need of updates, as buildings are not safe to occupy and unable to
fully assist in emergency operations. They play a very important role in emergency
response. Commissioner Chang expressed concern in where these lottery dollars would be
taken away from (e.g. schools) in order to reallocate to the fairgrounds. He's not confident
this tradeoff is necessarily worth supporting. Commissioner Adair has seen first-hand the
need for repairs and updates to other fair facilities.
Lee Randall, Facilities Director, shared that similar to the Road Department, they often play
defense, particularly on bills pertaining to procurement. Project development for the
courthouse expansion is important. Funding around courthouse expansion would be
watched closely. Inflation is playing a challenging role in the initial estimate for courthouse
expansion. Construction price increases have been experienced on the courthouse
expansion, as well as other County projects. Mr. Riggs said that the legislature may look at
construction inflation, and if the initial dollars allocated aren't enough to complete the
project, whether the state provide these additional funds. Mr. Doty shared that one of their
projects in Terrebonne was estimated at $30 million but will likely cost closer to $40 million.
Will Groves, Planning Manager, was in attendance for Peter Gutosky, CDD Director. CDD
monitors legislation associated with the State's land use system. One bill that they will be
monitoring is the proposed removal of the limitation of short-term rentals in EFU zones.
Abandoned vehicles and RVs, with the costs associated of removing these vehicles, is
important. Homeless encampments, managing waste and the costs associated with clean-
ups is important to the Community Development Departments. Congressman Bentz met
with the head of the USFS and has made a commitment to come to Central Oregon to look
at our challenges related to homeless camps. CDD is also interested in addressing
difficulties with Goal 14 issues surrounding RV and Mobile Home parks. Commissioner
Chang said that there will be a focus on affordable housing: not just apartments, but also
mobile and manufactured home parks. Mr. Riggs added that giving local communities the
ability to draft their own ordinances is important.
Commissioner Adair spoke about ADUs, and how they relate to SB 762. Many ADUs that
exist are not permitted, and the effect they have on defensible space and wildfire
mitigation.
Commissioner DeBone spoke about engagement with water resources. Deschutes County's
Comprehensive Plan and how it relates to growth and available water resources. He is an
advocate for agriculture. A new Plan Zone Amendment Change that was approved will
include 72 new exempt wells. juniper removal mitigation efforts were highlighted by Mr.
Riggs, a concern shared by Commissioner Adair. Commissioner DeBone spoke about
private land that may have been misclassified/erroneously zoned in the past. Across party
2022 DESCHUTES COUNTY LEGISLATIVE UPDATE OCTOBER 14, 2022 PAGE 4 OF 6
lines, Mr. Riggs shared that there is agreement in allowing for some flexibility and make the
land use process less time consuming to allow for much needed additional housing.
Commissioner Chang discussed safe parking sites outside of the UGB, to accommodate the
need that is there.
Janice Garceau, Health Director, spoke about her department's legislative priorities for
behavioral health. On the Intellectual and Developmental Disability front, there is a
proposed revamp of the IEP model and funding for it. For Behavioral Health, they are
interested in additional funding for another residential facility and possible additional
funding and expansion for CCBHC. They have also received information that OHA is putting
forward a bill, that has yet to be seen, regarding a cost sharing penalty for each day that
the County is unable to place individuals. This is a concern for the County. Lane County is
also presenting a bill for indemnification for County's relating to the aid and assist
population. There is a bill proposing a 988 Telecomm fee increase, which would help with
funding for the call center and mobile crisis teams (MCAT). The County has had a mobile
crisis team for nearly two decades, but will now be responding to some behavioral health
crises in lieu of law enforcement with the receipt of one-time funding and an
intergovernmental agreement with the City of Bend to expend the mobile crisis team.
There is a possible funding bill specific for stabilization centers. The Deschutes Stabilization
Center continues to be well -utilized. Audio quality was poor, recording secretary unable to
hear her speaking. There is another bill relating to the administrative burdens and required
documentation placed on behavioral health specialists, which are grossly disproportionate
to medical providers.
Kim Riley, Assistant Legal Counsel, said that Aid and Assist issues are important, and some
type of immunity for counties and adequate funding if the state is going to place more of
that responsibility onto counties. Audio difficulties, unable to hear Mr. Riggs' response. Per
Mr. Riggs, the problem is that State agencies don't trust their county partners. Public
Records reform and the potential monetary impacts associated with that reform were
another concern of the Legal Department.
Robert Tintle, Finance Director, spoke about the Finance Department's priorities are bills
related to procurement, banking, and finance related matters. Mr. Tintle also reiterated
concerns expressed by Mr. Randall regarding increased capital expenditures.
Commissioner DeBone mentioned the courthouse expansion project increased cost due to
inflation. Broadband expansion in Deschutes County, and a need for broadband
infrastructure in areas within the county, was also a priority for Commissioner DeBone.
Short-term rental pressures was another topic highlighted. Relating to electricity demands,
Bend just went from winter -peaking (heating) to summer -peaking (cooling), Commissioner
DeBone is interested in the possibility of a biomass plant located in Central Oregon.
2022 DESCHUTES COUNTY LEGISLATIVE UPDATE OCTOBER 14, 2022 PAGE 5 OF 6
Commissioner Chang mentioned that current legislation allows larger population counties
(e.g. Multnomah County) to use proceeds from the sale of tax foreclosed properties
towards housing insecurity. He is supportive of reducing the population amount outlined in
the current law to allow smaller population counties to utilize proceeds in a similar
manner. Commissioner DeBone was not in support of this.
Mr. Riggs: Measure 110 - How to get people to seek and accept drug treatment, and how to
incentivize drug treatment.
Deevy Holcomb, Community justice Director, shared that Parole Probation doesn't have
any new bills to highlight. There has been a request for full funding based on the current
biennium. They are maintaining a positive outlook on working with people in the criminal
justice system, often with drug addiction. Nothing new to add on the juvenile justice side.
A thinning and clearing project around Mt. Bachelor has a biomass project in the works.
Biomass will be used to offset the resort's high propane usage. The County received
information that this project was a selected recipient of grant funding that was applied for.
The details of this funding is still unknown.
Erik Kropp, Deputy District Administrator and Risk Manager, is interested in legislation
related to workers' compensation presumptions which will expand to include PTSD in first
responders, worker's compensation and anything related to risk management.
Whitney Hale, Deputy District Administrator, spoke about scheduling logistics. Nick Lelack,
County Administrator, didn't have anything additional to share from department managers
who were unable to attend this meeting. He shared that Senator Findley will give a
legislative update at next week's Wednesday Board of County Commissioners meeting, and
welcomed everyone to attend in -person or via Zoom. Mr. Riggs suggested scheduling a
meeting every other week during this legislative session. There is a revenue forecast
coming in December. Bill tracking tools are available. Communication preferences: Contact
Mr. Riggs via text message or email.
Next Meeting: The next hybrid meeting is scheduled for the third week of November (14th
through 18th maybe the 21 St )
Adjourn: Commissioner Adair adjourned the meeting at 3:24 p.m.
Respectfully Submitted by:
P_
RECORDING SECRETARY
2022 DESCHUTES COUNTY LEGISLATIVE UPDATE OCTOBER 14, 2022 PAGE 6 OF 6