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2023-221-Minutes for Meeting May 31,2023 Recorded 7/18/2023SEs COG�< BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2023-221 Steve Dennison, County Clerk Commissioners' Journal 07/18/2023 9:06:16 AM IIII-221 I�IIIIIIIIIIIIIIIIIIIIIIIII FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY May 31, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were Nick Lelack, County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive Assistant. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings. CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Consideration of Board Signature on letters of thanks to Dan Ellingson and Kelly Madden for service on the Deschutes County Historic Landmarks Commission 2. Approval of minutes of the May 12 and May 19, 2023 BOCC Legislative Update meetings 3. Approval of minutes of the April 24, April 26, May 1 and May 10, 2023 BOCC meetings ADAI R: Move Board approval of the Consent Agenda as presented BOCC MEETING MAY 31, 2023 PAGE 1 OF 10 CHANG: Second VOTE: ADAIR: CHANG: DEBONE: Yes Yes Chair votes yes. Motion Carried At 9:05 am, a short break was announced. The meeting resumed at 9:10 am. ACTION ITEMS: 4. Presentation of 25-year service awards to Darrell Loveland and Brian Hayward Lee Randall, Facilities Director, presented 25-year service awards to Darrell Loveland, Maintenance Specialist, and Brian Hayward, Maintenance Supervisor. Chair DeBone announced that the Board would temporarily advance to "Other Items" before commencing the public hearing on the CDD's Work Plan. OTHER ITEMS: • Commissioner DeBone said last week's Western Interstate Region conference was held in Washington County, Utah, which has a countywide district to manage and distribute water. • Commissioner Chang reported on a recent "Raise the Deschutes" event hosted by the Deschutes River Conservancy. • Commissioner Adair shared information on agricultural crops in Deschutes County, including hay. • Commissioner Adair reported the YMCA's potential plans to expand its operations to Central Oregon and shared information on the Helping Hands childcare program at Portland's Wapato jail facility. • Commissioner DeBone acknowledged the prescribed burn schedule for this year. S. Community Development Department Draft Fiscal Year 2023-24 Work Plan and 2022 Annual Report / Public Hearing Peter Gutowsky, Community Development Director, presented the draft CDD Work Plan for 2023-24 which describes proposed projects for the next fiscal year. Highlights of the draft plan include amending the Comprehensive Plan and Zoning Code to implement SB 391 and SB 644 which relate to rural accessory BOCC MEETING MAY 31, 2023 PAGE 2 OF 10 dwelling units, and updating the County Transportation System Plan in coordination with the Road Department. Gutowsky reviewed the recommendations of the Planning Commission, which encourages the development of work programs to address short-term rentals, water resources, dark skies, and wildlife inventories (golden and bald eagles) along with community engagement. Commissioner Chang asked about the East Redmond plan which will involve more than 1,000 acres of County -owned land. Gutowsky said this includes the regional emergency training center and possible changes to the City's 50-year urban reserve area to plan for and manage future growth and development. Commissioner DeBone asked about language which references the temporary use of recreational vehicles as dwellings. Gutowsky said proposed State legislation would, if approved, allow an RV to be used as a secondary dwelling when the owner of the primary dwelling lives at that residence. Commissioner Adair asked about the allowance of temporary medical hardship dwellings. Will Groves, Planning Manager, said these are allowed in resource zones with an annual doctor's note. The regulations include decommissioning requirements to prevent dwellings previously used as medical hardship dwellings to continue to be used as a residence, although they may be used in other ways following the end of the medical hardship. The public hearing was opened at 9:48 am. Jack Farley supported work to protect dark skies and suggested these efforts incorporate broader communication to engage the community and bring people together. Commissioner Chang said the local dark skies chapter secured a grant to conduct public education outreach and is planning a campaign to share information on the benefits of and ways to shield private lighting. The public hearing was closed at 9:52 am. Chair DeBone noted the consensus of the Board to close the oral record at this time and leave the written record open for one week, with deliberations on June 14th A break was announced at 9:57 am. The meeting resumed at 10:05 am. 6. Public Hearing: Griffin/Renfro Plan Amendment and Zone Change for BOCC MEETING MAY 31, 2023 PAGE 3 OF 10 approximately 40 acres south of Bear Creek Road and east of Hamby Road Rachel Vickers, Associate Planner, explained the procedures for the public hearing and presented a staff report on the request to change the Comprehensive Plan designation of 40 acres one mile east of Bend from Agriculture to Rural Residential Exception Area in conjunction with a rezone from Exclusive Farm Use to Multiple Use Agricultural (MUA10). Five acres of the property has water rights; there is no history of farming. The Hearings Officer has recommended approval of the request. Tia Lewis, attorney for the applicant, said the results of the soil study determined that the property's soils are predominantly class 7 and 8. Lewis described the property's proximity to Bend's city limits, the zoning of surrounding properties, and existing land use patterns in the area. She said the subject property does not meet the definition of either agricultural land or forest land. Kevin Griffin, landowner, shared the history of his purchase of the property and stated that this proposal is supported by both the Arnold Irrigation District as well as the Rastoviches, who own a neighboring family farm. The public hearing was opened at 10:39 am. There being no one who wished to speak, Lewis provided a brief conclusion of the applicant's argument, saying it is costly and time-consuming to develop property after it has been incorporated into the UGB, and expanding the UGB itself takes up to ten years. She said no benefit is realized from keeping properties with unsuitable soils zoned agricultural. The public hearing was closed at 10:42 am. Chair DeBone noted the consensus of the Board to close the oral and written portions of the record at this time and conduct deliberations on this matter in June. 7. Deliberations: 4Peaks 2024 Outdoor Mass Gathering Permit Rachel Vickers, Associate Planner, reviewed the request for an Outdoor Mass Gathering permit for the 4Peaks Music Festival in June of 2024. The event is proposed to include overnight camping, parking, and food and drink for an estimated 2,000 people. Vickers presented a matrix with the following decision points for the Board's consideration: BOCC MEETING MAY 31, 2023 PAGE 4 OF 10 Has the applicant demonstrated compliance with the food service control standards of DCC 8.16.220? The Board was in consensus that the applicant has demonstrated compliance with the food service control standards of DCC 8.16.220; the permit will include a condition of approval that all licensed food service providers shall apply to the County Health Department at least one week in advance of the event. 2. Has the applicant demonstrated compliance with the fire protection regulations of DCC 8.16.230? The Board was in consensus that the applicant has demonstrated compliance with the fire protection regulations of DCC 8.16.230; the permit will contain three conditions of approval, as follows: that the premises be inspected by the Bend Fire Department before the event starts; that all fire hydrants/sprinklers/other systems are readily visible and unobstructed for a circumferential distance of three feet; and that all fire and emergency access roads have unobstructed access of 20 feet in width and 13.5 feet of vertical clearance, and remain open at all times. 3. Has the applicant demonstrated compliance with the traffic control standards of DCC 8.16.250? The Board was in consensus that the applicant has demonstrated compliance with the traffic control standards of DCC 8.16.250; the permit will include a condition of approval that a detailed traffic control plan shall be submitted to the Deschutes County Transportation Planner and Road Department for review. 4. Has the applicant demonstrated compliance with the crowd control standard of DCC 8.16.250? The Board was in consensus that the applicant has demonstrated compliance with the crowd control standard of DCC 8.16.250; the permit will include a condition of approval that the applicant provide a list of the names and certification for all traffic and crowd control personnel 14 days prior to the event. 5. Has the applicant demonstrated compliance with the liquor consumption standard of DCC 8.16.310? The Board was in consensus that the applicant has demonstrated compliance with the liquor consumption standard of DCC 8.16.310; the permit will include a condition of approval that no person shall be permitted to bring alcohol on the premises unless licensed by the State. BOCC MEETING MAY 31, 2023 PAGE 5 OF 10 6. Has the applicant demonstrated compliance with the attendance monitoring standards of DCC 8.16.300(C)? The Board was in consensus that the applicant has demonstrated compliance with the attendance monitoring standards of DCC 8.16.300(C). 7. Does the Board want to grant a waiver from the requirements to maintain one ambulance on site? The Board was in consensus to grant a waiver from the requirements to maintain one ambulance on site in accordance with the letter of support from the Bend Fire Department. Vickers then presented a list of topics which may or may not address approval criteria, as follows: Does the prevention of trespassing on nearby properties relate or reasonably relate to an approval criteria? The Board was in consensus that this question does not relate or reasonably relate to an approval criteria. 2. Does requiring a water truck on site relate or reasonably relate to an approval criteria? The Board was in consensus that because a condition of the permit already addresses this issue, no further condition is required. 3. Does requiring one fire extinguisher per every 250 persons in attendance relate or reasonably relate to an approval criteria? The Board was in consensus that no additional findings or conditions are required with respect to this issue. 4. Does requiring training details above and beyond the requirements of DCC 8.16.060(2) relate or reasonably relate to an approval criteria? The Board was in consensus that no additional findings or conditions are required with respect to this issue. 5. Does requiring a security guard to inspect vehicles relate or reasonably relate to an approval criteria? BOCC MEETING MAY 31, 2023 PAGE 6 OF 10 The Board was in consensus that no additional findings or conditions are required with respect to this issue. 6. Does requiring additional enforcement and monitoring measures relate or reasonably relate to an approval criteria? The Board was in consensus that no additional findings or conditions are required with respect to this issue since alleged Code violations can be reported and other non -Code complaints can be submitted to Risk Management. 8. 9. CHANG: Move approval of Document No. 2023-368, approving an Outdoor Mass Gathering Permit for the 4Peaks Music Festival from June 15-24, 2024 at 21085 Knott Road, with conditions ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Notice of Intent to Award a contract for the Slurry Seal 2023 Project Cody Smith, County Engineer, reported that four bids were received in response to the project solicitation. He anticipated this work will take seven days and be done in late June or early July. ADAIR: Move approval of Board Chair signature of Document No. 2023-411, a Notice of Intent to Award a contract for the 2023 Slurry Seal project CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Acceptance of Trauma Informed Response Training Grant Ashley Beatty, Victim Assistance Program Manager, explained the purpose of this grant is to facilitate understanding of people who have experienced trauma, and extend informed assistance to them. The grant funds will provide training for law enforcement, prosecutors, probation departments, and advocates about the impacts of trauma. The grant will also make a week-long training available for first responders in interview techniques of persons who have experienced trauma. CHANG Move approval of Chair signature on Document No. 2023-511 to BOCC MEETING MAY 31, 2023 PAGE 7 OF 10 accept a Trauma Informed Response Training Grant from the Department of Justice ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 10. Finance Report for April 2023 Robert Tintle, Chief Financial Officer, presented the Finance Report for April, 2023. 11. Select eligible grantee for the 2023-25 Oregon Community Dispute Resolution Grant Program Stephanie Robinson, Grants & Operations Specialist, explained the provision of grants from the University of Oregon School of Law's Office for Community Dispute Resolution (OOCDR) to qualified organizations which offer mediation services. Applications for these grants are solicited in partnership with Oregon counties. Following a solicitation process, Deschutes County and OOCDR received an application from Community Solutions, which OOCDR has determined to be an eligible grantee. After receipt of a formal notification from the County, OOCDR will directly enter into an agreement with Community Solutions. CHANG: Move approval of Community Solutions as grantee for 2023-25 Oregon Community Dispute Resolution Grant Program ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 12. FY23 Q3 Service Partner Work Plan Updates Stephanie Robinson, Grants & Operations Specialist, reviewed that the Board annually allocates video lottery funds to thirteen service partner organizations in accordance with approved work plans. Grants are distributed quarterly following the receipt of reports which demonstrate that each service partner is meeting its intended service goals. In the third quarter, service partner organizations Healthy Beginnings and the Latino Community Association did not meet their quarterly work plan goals. Robinson BOCC MEETING MAY 31, 2023 PAGE 8 OF 10 provided specifics of the work done by each organization and offered action options for the Board's consideration. Following discussion, the Board was in consensus to issue the Q3 grant payment for the Latino Community Association at this time and reassess its progress at the next quarterly update. The Board further directed that Healthy Beginnings be invited to present at a future Board meeting and hold its Q3 payment pending that presentation. OTHER ITEMS: Jen Patterson, Strategic Initiatives Manager, distributed a draft letter from the Board supporting the KOR Community Land Trust in its request for funding from the Enterprise Community Partners' Housing Affordability Breakthrough Challenge. The Board was in concurrence to sign the letter as drafted. At 12:09 pm, Chair DeBone announced that the Board would recess for lunch and reconvene at 1:00 in the Allen Room for executive session. EXECUTIVE SESSION: At 1:00 pm, the Board entered executive session under Litigation ORS 192.660 (2) (h) and ORS 192.660 (2) (d) Labor Negotiations. The Board moved out of executive session at 2:09 p.m. to direct staff to proceed as discussed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 2:09 pm. ,I - DATED this day of 2023 for the Deschutes County Board of Commissioners. ANTHONY DERONE, CHAIR PATTI ADAIR, VICE CHAIR BOCC MEETING MAY 31, 2023 PAGE 9 OF 10 'P-� (n, '/l - PHIL CHANG, COM ISSIONER ATTEST: RECORDING SECRETARY BOCC MEETING MAY 31, 2023 PAGE 10 OF 10 \XvT ES cOG2� BOAR® OF COMMISSIONERS MEETING DATE: May 31, 2023 SUBJECT: Community Development Department Draft Fiscal Year 2023-24 Work Plan and 2022 Annual Report / Public Hearing RECOMMENDED ACTION: Hold a public hearing to take comment on the draft Work Plan. No Board action is sought at this time; the Work Plan can be brought back in June for consideration of Board approval. BACKGROUND AND POLICY IMPLICATIONS: Each spring, CDD prepares an annual work plan describing proposed projects for the coming fiscal year. A review of the draft work plan provides the Planning Commission, Historic Landmarks Commission, County Administration, customers, partner agencies, and the Board an opportunity to provide input, including additions, modifications and possible re - prioritization. The work plan describes the most important projects in each CDD division based on: 1. Board annual goals and policies; 2. Carry-over projects from current or prior years; 3. Changes in state law; 4. Grants/funding sources; and 5. Public comments. It also serves as the context within which new projects that arise during the course of the year are prioritized and initiated. BUDGET IMPACTS: None. ATTENDANCE: Peter Gutowsky, CDD Director Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Director CDD Management Team DATE: May 24, 2023 SUBJECT: Community Development Department Draft Fiscal Year (FY) 2023-24 Work Plan and 2022 Annual Report / Public Hearing 1. SUMMARY The purpose of this Board of County Commissioners (Board) public hearing is to accept public comments for consideration in the adoption of Community Development Department's (CDD) FY 2023-24 Work Plan (Attachment). II. BACKGROUND Each spring, CDD prepares an annual work plan describing proposed projects for the coming fiscal year. A review of the draft work plan provides the Planning Commission, Historic Landmarks Commission, County Administration, customers, partner agencies, and the Board an opportunity to provide input, including additions, modifications and possible re-prioritization.1 The work plan describes the most important projects in each division based on: 1. Board annual goals and policies; 3. Changes in state law; 2. Carry-over projects from current or prior 4. Grants/funding sources; and years; 5. Public comments. It also serves as the context within which new projects that arise during the course of the year are prioritized and initiated. The work plan includes the following highlights: • Sustaining high customer service levels while adjusting to staff retention and recruitment challenges. • Providing construction plan reviews, consultation and inspection services throughout the rural county and the cities of La Pine and Sisters. • Investigating code violation complaints to ensure compliance with land use, onsite wastewater disposal, building and solid waste codes. 1 The Board conducted a work session on the Draft CDD FY 2023-24 Work Plan on May 15. • Regulating on -site wastewater treatment systems (septic) to assure compliance with state rules, and monitors environmental factors for public health and resource protection. • Addressing housing opportunities through collaboration with cities, our county's property manager, and exploring rural housing strategies as allowed by State law. • Amending the Comprehensive Plan and Zoning Code to implement SB 391, Rural Accessory Dwelling Unit legislation. • Amending the Deschutes County Comprehensive Plan to incorporate new existing conditions, goals, and policies. • Coordinating with Bend, Redmond, Sisters and La Pine on growth management projects, including comprehensive plan updates and urban growth boundary amendments. • Updating the County Transportation System Plan in coordination with the Road Department. III. PUBLIC COMMENTS & PLANNING COMMISSION RECOMMENDATIONS The Planning Commission conducted a public hearing on the Draft FY 2023-24 Planning Division Work Plan on March 30 and received several public comments.2 Staff presented three tables (below) to facilitate the Planning Commission's deliberation. After thoughtful consideration, the Planning Commission on May 11 felt it was important to endorse all of the projects listed in Tables 1 and 2 without weighing one over another. They considered all of them noteworthy for the community. As resources become available, Planning Commissioners recommended developing work programs that address: o Community engagement o Short term rentals o Wildlife inventories (golden o Dark skies o Water resources and bald eagles) Individual commissioners expressed an interested in revisiting existing wildlife inventories to scale back or eliminate regulations all together as well as a hesitancy of permitting rural accessory dwelling units in areas prone to wildfire. Table 1 captures priority discretionary and nondiscretionary projects that are supported by the Board and Planning Commission; grant funded; or in process. These projects in their totality are "significant," requiring staffing resources that span 6 to 12 months or longer. 2 Testimony included the following: 1) a Deschutes County resident stressed the importance of incentives as it pertains to existing wildlife inventories; 2) a local organization supported the mule deer winter range update and updating elk habitat and eagle nesting inventories, among other items; 3) a Deschutes County resident emphasized inclusion and biodiversity; 4) a local organization asked for monthly participation in community conversations in South County for a strategic plan; 5) a Deschutes County resident questioned the validity of the mule deer inventory, ODFW's science, and the role of public lands while emphasizing the importance of property rights; and 6) a local organization supported fire hardening for all structures regardless of wildfire risk and limiting development in fire prone areas. -2- Table 1— Priority Discretionary and Non -discretionary Projects Priority Projects 1. Current Planning 3 2. Comprehensive Plan 2040 Update 4. Transportation System Plan (TSP) Update • 5. SB 391, Rural Accessory Dwelling Units Engage Newberry Country and Terrebonne 6. New Mule Deer Wildlife Inventory residents to determine if area and/or 7. SB 762, Wildfire Mitigation community plans require updates. g• Historic Preservation (CLG Grant) 3. Tumalo Community Plan Update Table 2 identifies ongoing Planning Division operational responsibilities, regional coordination duties, and code maintenance tasks. These projects in their totality range from "minor" to "moderate," requiring staffing resources that span 4 to 8 months to complete. Table 2 — Operational Responsibilities, Coordination Duties, and Code Maintenance Category Projects 1. Destination Resort and Overnight Lodging Reporting. 2. Marijuana inspections. 3. Population estimates and forecasting. Operational 4. Staffing Historic Landmarks Commission (HLC), Bicycle and Pedestrian Advisory Responsibilities Committee (BPAC), and Deschutes River Mitigation and Enhancement Committee (M&E). 5. Participate in 2024 Legislative Short Session. 6. Support internal County departments (new landfill siting, etc.). 7. City of Bend Coordination • Adopt the Bend Airport Master Plan (BAMP) and amend the County's Comprehensive Plan and Development Code to implement measures that allow for a' new air traffic control tower and new airport -related businesses. • Coordinate on growth management issues, including technical analyses related to housing and employment needs and modernizing Title 19 for the Deschutes County Jail • Process a Plan Amendment and Zone Change to add the Stevens Road Tract to the ` Bend Urban Growth Boundary (UGB) in accordance with HB 3319, Coordination Duties 8 City of La Pine Coordination • Participate with Property Management and the City of La Pine process to update and amend the County -owned New Neighborhood comprehensive plan designations, master plan and implementing regulations. 9. City of Redmond Coordination •' Coordinate on growth management issues, including with Central Oregon Intergovernmental Council (COIC) on CORE3, a multi -stakeholder regional emergency center, and the City's upcoming East Redmond plan, which will involve over 1,000 acres of County -owned land. (updated by the City of Redmond) 3 Current Planning responsibilities are non -discretionary. Local land use decisions are subject to specific deadlines per state law. ORS 215.427. -3- Category Projects • Process Conditional Use Permit and Site Plan Review applications for a new wastewater treatment plant. • Coordinate on an update of the Airport Safety Zone associated with the Redmond Airport. • Support City Staff to modernize the Joint Management Agreement (JMA) and assist with City -led updates to DCC Title 20 (i.e., UH-10 zone updates). (updated by the City of Redmond) • Continue to engage the City as a stakeholder in the County's Comprehensive Plan and TSP updates. (updated by the City of Redmond) 10. City of Sisters Coordination • Participate in the implementation of Sisters Country Vision Plan and City of Sisters Comprehensive Plan Update. 11. Transportation Planning • Process Road Naming requests associated with certain types of development on a semi-annual basis. • Coordinate with Oregon Department of Transportation (ODOT) and Parks Districts on regional trail projects. 12. Sage Grouse Coordination. 13. Housing Strategies. • Explore options and approaches to address rural housing and homelessness as allowed under state law.' 14. Short Term Rentals Prepare a white paper describing methods for regulating short term rentals and coordinate with the Board on next steps. 15. Dark Skies. 16. Housekeeping Amendments Code Maintenance . Initiate Comprehensive Plan and/or Zoning Text amendments to comply with and implement new or revised state laws. 4 Testimony from a Deschutes County resident encouraged more housing including in rural areas. Testimony from a local organization emphasized prioritizing working with the City of Bend to plan for future growth and allowing rural ADUs subject to strong sideboards. -4- Table 3 lists discretionary zoning text amendments. These are "lower" priority projects, requiring staffing resources that span 4 to 12 months or longer to complete. Table 3 — Low Priority Zoning Text Amendments Category I Projects 1. Accessory structures, clarifying concurrent or after primary residence with certain facilt. 2. Applicant initiated plan amendment, zone changes, and/or text amendments. 3. Allow "self -serve" farm stands in Rural residential Exception Areas 4. Code amendments related to the Natural Hazard Mitigation Plan. 5. Establish childcare facilities in industrial zones to implement House Bill 3109 (2021). 6. Define family for unrelated persons per HB 2538 (Non -familial Individuals). 7. Forest Zone Code —Review for compliance with Oregon Administrative Rule. 8. In conduit hydroelectric generation code amendments. 9. Lot Line Adjustments and Re -platting. Zoning Text 10. Medical Hardship Dwellings —review for consistency with state law. Amendments 11. Minor variance 10% lot area rule for farm and forest zoned properties. 12. Outdoor Mass Gatherings update. 13. Repeal Conventional Housing Combining Zone. 14. Section 6409(a) of the Spectrum Act (Wireless Telecommunication Amendments). 15. Sign code to become consistent with federal law. 16. Temporary use of recreational vehicles as dwellings. 17. Title 19, 20, 21—Language related to Class I, 11, and III road projects as allowed uses. 18. Title 22—Procedures Ord. for consistency with state law and County interpretations. 19. Wetland Regulation Clarification for Irrigation or Artificially Created Wetlands. IV. BOARD DELIBERATION & ADOPTION OF CDD FY 2023-2024 WORK PLAN The Board will ultimately prioritize projects based on their annual goals and objectives as planning resources become available. Following the public hearing, the Board may decide to: 1. Close the oral record, keep the written record open for approximately one week to June 6 and deliberate on June 14. 2. Close the oral and written records and deliberate at this meeting or at a subsequent meeting. 3. Continue the public hearing to a date certain. Attachment: Draft FY CDD 2023-24 Work Plan & 2022 Annual Report -5- • 1 1:11 Lim DRAFT FY 2023-24 Work Plan & 2022 Annual Report 117 NW Lafayette Avenue P.O. Box 6005 Bend, OR 97703 www.deschutes,org/cd (541) 388-6575 Building Safety Code Compliance Coordinated Services Onsite Wastewater Planning Introduction . 4 Mission Statement....................................................................................... 4 Purpose.......................................................................................................... 4 Adoption.......... ..............................................................................) .............. _4 Elected &'Appointed Officials ............ 5 Board of County Commissioners FY 2023-2024 Goals & Objectives ........................ 6 Population Growth.......................................................................................................... 8 Budget &'Organization....................................................................................................... 9 FiscalIssues..................................................................................................... 9 Operational Challenges ............................... 9 BudgetSummary ..................................................................................... 10 StaffSummary .............................................................................................. 10 Organizational Chart ..........................................,..........................................10 Performance Management.......................................................................................... 11 2022 Performance Management Results ............'....................................... 11 2022 Year in Review.....................................................................................13 2023-2024 Performance Measures By Division ....................................... 13 Building Saftty ............................................................... ............... 13 p ... Code 'Com Compliance .............: ............ 13 Coordinated Services ..................................................................................... 13 Onsite Wastewater...................................................................................... 14 Planning.........................................................................................................14 Administrative Services.........`.........:.................................................................................15 Overview..................................................................................................... 15 2022 Year in Review................................................................................. 15 2023-24 Work Plan Projects . . 16 StaffDirectory ........................................................................................... 16 Building Sa Overvie gaffuirectury ..:.................................................................................... CodeCompliance.............................................................................................. Overview..................................`............................................................... 2022 ;Year in Review...................................................,................................. 2023-24 Work Plan Projects.................................................................... StaffDirectory ................................................................................................ Coordinated Services.................................................................................. Overview...............................................`......................................................... 2022 Year in Review...................:................................................................ 2023-24 Work Plan Projects....................................................................... StaffDirectory .............................................................................................. OnsiteWastewater ...................................................... ............................. Overview.............................................................................................. 2022 Year in Review 2023-24 Work Plan Projects........................................................................ Staff Directory ............'.................................................................................. Planning......................................................................`...................................... Overview..................................................................................................... Current Planning ....................................................` .................. ..................... Long Range Planning...................................................... .................... Transportation Planning ............ Floodplain & Wetlands Planning;................................................................. 2022 Year in Review.............................................`........................................ 2023-24 Work Plan Projects........................................................................ StaffDirectory ..'............................................................................................ Community Involvement Report...................................................................... Community Development Mission Statement The Community Development Department (CDD) facilitates orderly growth and development in the Deschutes County community through coordinated programs of Building Safety, Code Compliance, Coordinated Services, Onsite Wastewater, Planning and education and service to the public. Purpose 2023-24 Work Plan and 2022 Annual Report highlight the department's accomplishments, goals and objectives and are developed to: • Report on achievements and performance. • Implement the Board of County Commissioners (BOCC) goals and objectives. • Implement the Deschutes County Customer Service "Every Time" Standards. • Effectively and efficiently manage organizational assets, capabilities and finances. • Fulfill the department's regulatory compliance requirements. • Address changes in state law. • Enhance the county as a safe, sustainable and highly desirable place to live, work, learn, recreate, visit and more. The BOCC adopted this report on June 28, 2023, after considering public, stakeholder and partner organization input and Planning Commission and Historic Landmarks Commission recommendations. The Work Plan often includes more projects than there are resources available. CDD coordinates with the BOCC throughout the year to prioritize and initiate projects. Projects not initiated are often carried over to future years. 4 CDD FY 2023-24 Work Plan / 2022 Annual Report BOARD OF COUNTY COMMISSIONERS Anthony DeBone, Chair, January 2027 Patti Adair, Vice Chair, January 2027 Phil Chang, Commissioner, January 2025 COUNTY ADMINISTRATION Nick Lelack, County Administrator Erik Kropp, Deputy County Administrator Whitney Hale, Deputy County Administrator PLANNING COMMISSION Jessica Kieras — Chair, Redmond Area, 6/30/26 Nathan Hovekamp — Vice Chair, Bend Area, 6/30/27 Susan Altman — Bend Area, 6/30/24 Open — At Large Kelsey Carson — Tumalo, Area, 6/30/27 Toni Williams — South County Area, 6/30/25 Matt Cyrus — Sisters Area, 6/30/26 HISTORIC LANDMARKS COMMISSION Open — Chair, Unincorporated Area Sharon Leighty — Vice Chair, Unincorporated Area, 3/31 /26 Dennis Schmidling — Secretary, City of Sisters, 3/31 /24 Christine Horting Jones — Ex-Officio, 3/31 /24 Rachel Stemach — Bend Area, 3/31 /24 Open — Pioneer Association HEARINGS OFFICERS GregoryJ. Frank Tommy Brooks Laura Westmeyer Alan Rappleyea BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE Dave Thomson — Chair, At Large, 6/30/24 David Green — Vice Chair, At Large, 6/30/23 Rachel Zakem — Secretary, At Large 6/30/23 Wendy Holzman — At Large, 6/30/23 Ann Marland — Sisters, 6/30/23 Scott Morgan — La Pine, 6/30/23 Kenneth Piarulli — Redmond, 6/30/23 David Roth — Bend, 6/30/23 Mason Lacy — At Large, 6/30/23 Christopher Cassard — At Large, 6/30/23 Emily Boynton —At Large, 6/30/24 Neil Baunsgard — Bend, 6/30/24 Mark Smith — At Large, 6/30/24 5 CDD FY 2023-24 Work Plan / 2022 Annual Report Board of County Commissioners Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost- effective manner. FY 2023-24 Goals & Objectives Safe Communities (SC): Protect the community through planning, preparedness, and delivery of coordinated services. Provide safe and secure communities through coordinated public safety and crisis management services. • Reduce crime and recidivism and support victim restoration and well-being through equitable engagement, prevention, reparation of harm, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters. Healthy People (HP): Enhance and protect the health and well-being of communities and their residents. • Support and advance the health and safety of all Deschutes County's residents. • Promote well-being through behavioral health and community support programs. Help to sustain natural resources and air and water quality in balance with other community needs. • Continue to support pandemic response and community recovery, examining lessons learned to ensure we are prepared for future events. A Resilient County (RC): Promote policies and actions that sustain and stimulate economic resilience and a strong regional workforce. • Update County land use plans and policies to promote livability, economic opportunity, disaster preparedness, and a healthy environment. • Maintain a safe, efficient and economically sustainable transportation system. • Manage County assets and enhance partnerships that grow and sustain businesses, tourism, and recreation. Housing Stability and Supply (HS): Support actions to increase housing production and achieve stability. Expand opportunities for residential development on appropriate County -owned properties. • Support actions to increase housing supply. • Collaborate with partner organizations to provide an adequate supply of short-term and permanent housing and services to address housing insecurity. 6 CDD FY 2023-24 Work Plan / 2022 Annual Report Board of County Commissioners FY 2023-24 Goals & Objectives, Continued Service Delivery (SD): Provide solution -oriented service that is cost-effective and efficient. • Ensure quality service delivery through the use of innovative technology and systems. • Support and promote Deschutes County Customer Service "Every Time" standards. • Continue to enhance community participation and proactively welcome residents to engage with County programs, services and policy deliberations. • Preserve, expand and enhance capital assets, to ensure sufficient space for operational needs. • Maintain strong fiscal practices to support short and long-term county needs. • Provide collaborative internal support for County operations with a focus on recruitment and retention initiatives. 7 CDD FY 2023-24 Work Plan / 2022 Annual Report 392,790 400,000 344,542 350,000 308,894 300,000 270,041 250,000 233,537 210,963 198,253 200,000 t 157,733 150,000 115,367 100,000 74,958 62,142 50,000 30,442 23,100 ,0 1960 1970 1980 1990 2000 2010 2020 2023 2030 2040 2050 2060 2072 This graph provides a snapshot of the County's growth since 1960 and the coordinated 50-year Portland State University (PSU), Oregon Population Forecast Program, through 2072. HISTORICAL AND PORTLAND STATE UNIVERSITY FORECAST TRENDS *AAGR: Average Annual Growth Rate 8 CDD FY 2023-24 Work Plan / 2022 Annual Report Fiscal Issues • Ensure financial stability and sustained high quality services by establishing a financial contingency plan providing a clear course of action if CDD's reserve funds decline. • CDD is experiencing a decrease in permitting volume during a period in which there has been significant staff turnover and increased costs. A short-term challenge will be to navigate this period of decreasing revenue while focusing on service delivery and staff training and education while reducing expenditures, where possible. • CDD is responding to inquiries regarding rural development opportunities. Many of these inquiries require research and in-depth responses, but do not result in permits and corresponding revenue. This "non -fee generating" work, a public good, is consuming limited resources to efficiently process a variety of permits. Operational Challenges • Maintaining productivity while experiencing staff turnover resulting in comprehensive training and development plans for new staff. During 2022, CDD welcomed 11 new staff, internally promoted 8 staff, and ended the year with 14 unfilled positions with 8 of those being removed in early 2023. An estimated 57% of CDD staff have 5 years or less experience with the department. • Coordinating with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet service demands in a highly competitive market. • Succession planning for upcoming staff retirements. An estimated 14% of current staff will be eligible for retirement within the next 6 to 8 years based on length of service. • Continuing modified business operations including remote work opportunities, dispatching field staff from home, adherence to ongoing public health and safety measures and continued expansion of CDD online services and meeting technologies. • Improving public hearing and engagement strategies with in -person and remote/online participation opportunities. • Implementing new laws from the 2023 Legislative Session. • Processing complex and controversial code compliance cases. • Addressing affordable housing through collaboration with cities, the County's Property Manager, and rural land use strategies. • Continuing improvement of the department's website and other electronic internal and external services to improve efficiencies and service delivery. 9 CDD FY 2023-24 Work Plan / 2022 Annual Report Budget Summary Staff Summary Organizational Chart 10 CDD FY 2023-24 Work Plan / 2022 Annual Report CDD is committed to a comprehensive approach to managing performance. The department achieves its goals and objectives by strategically establishing and monitoring performance measures and by adjusting operations based on those results. The performance measures allow staff to: • Address service delivery expectations from the perspectives of CDD's customers. • Ensure the department fulfills its regulatory compliance requirements. • Efficiently and effectively manage the organization's assets, capacities and finances; and • Preserve and enhance the County as a safe, sustainable and desirable place to live, visit, work, learn and recreate. The following graphs represent a sample of CDD's performance measures for 2022. For a complete review of performance measures, please follow this link: https://deschutes.org/cd/. 2022 Performance Management Results Coordinated Services 7 Building Permit Ready to Issue Turnaround Time 6 5 3.8 3.5 3 2.3 2.2;"a �� \ 2 3 2.0 1.7 2_ 1 4 7�F 1.5 14 ..�A Ian 2.022 Mar 2022 MaV 2022 lul 2022 Sept 2022 Nov 2022 80% Percentage of Applications Submitted Online 75% (Building Safety and Onsite Wastewater) 69.1% 70% 65.5% 63.8% 64.0% 67.5% 65% 61 0% 60 3/ 60 4% � 60 6% 54.5% 53.1% 550/6 50.7% _ 4r 45% 40% 35% 30% Ian 2022 Mar 2022 MaY 2022 )ul 2022 Sept 2022 Nov 2022 —0— Ready to Issue Turnaround ® ® Target Gcnl-4Days ---w—Average Online Submissions ® ® Target High -60%— — Target Low -50% Performance Measure: Achieve a building permit ready toissue turnaround time of4days Performance Measure: Achieveagoal of50%to 60% of applications submitted online. or less. Annual Average of 2.0 Days - Target Achieved Annual Average of 60.4% Submitted Online- Target Achieved 105% Code Compliance Voluntary Compliance 100% 98% 96% 95°/u 93% ° 95% 91%��' 90%� 91/0 90% � ® ® ® ® ® 96% 92�/ �"• 85% 80% 84% :. 75% 76% 70% 65% Jan 2.022 Mar 2-022 May 207.2 Ju12022 Sept 2022 Nov 2022 Voluntary Compliance ® ® Target-90% Performance Measure: Achieve 90% voluntary compliance in Code Compliance cases. 100% Code Compliance Cases Closed within One Year 90% 87/ 80% a : ® ® 79% 70% 60% 58% 50% 66% 40% Jan 2022 Mar 2022 MaY 2p22 lul 2022 Sept 2022 Nov 2022 53% ---m—==Closed Case Turnaround ® ® Target-85% Performance Measure: Achieve 85% resolution in Code Compliance cases within 12 Annual Average of 90% Compliance - Target Achieved Annual Average of 85% Closed within 1 Year- Target Not Achieved 11 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Performance Management Results, continued Building Safety 13 Field Inspector Average Stops per Day 12 11.3 108 .�"'� 10.3 9.7 11 10.0 9.8 � �'' Nw® 10.3 _ 10 ®, 8.8 8.5 �r 7.8 7.7' 8 7.0 13- 7 y. 6 0 ® - - o - - e - o - o - ® - ® ® - - 5 Ian 2022 Mar 2022 MaY 2022 Jul 2022 Sept 2022 Nov 2022 Field Insp Ave Stops per Day - - Target Low - 6 Stops ® Target High - 10 Stops Performance Measure: Achieve an average of 6 to 10 inspection stops perday, per Onsite Wastewater 16.7 16.0 New System Permit Issuance Time. 15.tl 14.0 1 15.2 12.4 /r ®, 11.6 12.0 - - - - - - o 10.0 9.1 10.7 j �! Ra 9.3 9.6 8.0 6.9 7.9 6.0 W 4.0 5.0 Jan 2022 Mar 2-022 May 2022 Jul 2022 Sept 2022 Nov 2022 l New Sys Permit Issue Time ® ® Target -12 Days Performance Measure: Issue new onsite septic permits within 12 days of completed app. 80.0 70.0 60.0 50.0 40.0 105% Building Safety Inspections Completed Same Day as Requested 98.1% 98.6% 98.0% 98.5% 97.9% 98.2% 98.2% 97.6% 98.8%98.3%98.5% 97.0% 100% - - ® - ® I 95% 90% - o - - - - - - - - - - - - - o - - 85% lan 2022 Mar 7-022 Mm 2022 Jul 2022 Sept 2022 Nov 2022 -0-- % Building Insp Completed On Time - o Target Low-90% ® ® Target High - 100% Performance Measure: Achieve 90% to 100% of inspections completed on same day as requested. Onsite Wastewater Pre -cover Inspections Completed On Time OS% 100% 100% 100% 100% 100% 100% 100% me 95% O 96% 11111 96% 90% - o - 94%- - o - o - - o - v_ o 85% b�° 80% 75% Jan 2022 Mar 2022 May 2022 Ju12022- Sept 2022 Nov 2022 -Pre-Cover Insp Completed On Time Performance Measure: Achieve 90% to 100% of pre -cover inspections completed on same day as requested. Annual Average of 10.5 Days - Target Within Range Annual Average of 97.9% Completed - Target Achieved Current Planning 68.3 Land Use Decisions With Prior Notice 70.0 69.3 71 A 61.6 60.0 17.11 d 50.0 52.7 51.4 40.0 ®ny 44.0 44.5 30.0 43.2 41.6 30.0 36.9 20.0 Jan 2022 Mar 2.022 May 2022 Jul 2022 Sept 2022 Nov 2022 ­9��Average Days To Complete - m Target- 45 Days Performance Measure: Issue all administrative decisionswith notice within 45 days of completed application. Current Planning Land Use Decision Without Prior Notice 53.1 44.2 43.8 40.7 39.1 11'_ 32.5 -,-®® ®®®-®®®26.0 22.6 10.0 13.3 Jan 2022 Mar 2022 May 2022 Jul 2022 Sept 2022 Nov 2.022 °0�Average Days To Complete ® ® Target -21 Days Performance Measure: Issue all administrative decisions without notice within 21 days of completed application. Annual Average of 51.2 Days - Target Within Range Annual Average of 36.8 Days - Target Not Achieved 12 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review • Invested significant resources in comprehensive training and development plans for new staff. • Transitioned residential plan submissions to electronic submittals. • Improved system interoperability of Accela and DIAL software systems by increasing efficiency and improved service by allowing "real time" document upload. • Participated in pilot program to test the Oregon ePermitting inspector application FY 2023-24 Performance Measures By Division CDD's 2023-24 performance measures align the department's operations and work plan with BOCC annual goals and objectives and the County's Customer Service "Every Time" Standards. https:// intranet.deschutes.org/Pages/Customer-Service-Standards.aspx Building Safety • Achieve 8-12 inspection stops per day to provide quality service. (BOCC Goal & Objective SD-1) • Achieve an average turnaround time on building plan reviews of 8-10 days to meet or exceed state requirements. (BOCC Goal & Objective SD-1) • Achieve 50-80% of inspections scheduled online. (BOCC Goal & Objective SD-1) • Achieve 90-100% of inspections completed the same day as requested. (BOCC Goal & Objective SD-1) • Provide community training opportunities for online application submission to obtain a goal of 70% of application submittals conducted online. ( BOCC Goal & Objective SD-1) Code Compliance Achieve 90%voluntary compliance in Code Compliance cases. (BOCC Goal & Objective SC-1) Coordinated Services • Expand community training opportunities for online application submissions to obtain a goal of 60-70% of application submittals conducted online. (BOCC Goal & Objective SD-1) • Achieve structural permit ready -to -issue turnaround time for Coordinated Services of 4 days or less. (BOCC Goal & Objective SD-1) 13 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Performance Measures By Division, continued Onsite Wastewater • Achieve compliance with the Alternative Treatment Technology (ATT) Septic System Operation and Maintenance (O&M) reporting requirements of 95% to protect groundwater. (BOCC Goal & Objec- tive HP-3) • Achieve the issuance of onsite septic system permits within 12 days of completed application. (BOCC Goal & Objective SD-1) • Achieve 50% of inspections scheduled online. (BOCC Goal & Objective SD-1) • Achieve 90-100% of Pre -cover inspections completed the same day as requested. (BOCC Goal & Objective SD-1) Planning • Sustain the issuance of land use administrative decisions with notice within 45 days and without no- tice within 21 days of completed application. (BOCC Goal & Objective SD-1) • Address Housing strategies by amending County Code to implement SB 391, Rural Accessory Dwell- ing Units (ADU). (BOCC Goal & Objectives RC-1 and HP-1) • Natural Resources: - Natural Hazards— Develop a work plan to amend the Comprehensive Plan and County Code requiring defensible space and fire-resistant building materials per SB 762—Wildfire Mitigation. (BOCC Goal & Objectives SC-3, HP-3, and RC-1) - Wildlife Inventories —Amend Comprehensive Plan and Zoning Code to incorporate a new mule deer winter range inventory from ODFW. (BOCC Goal & Objectives HP-3) ORION 111WE 14 CDD FY 2023-24 Work Plan / 2022 Annual Report Overview Administrative Services consists of the Community Development Director, Senior Management Analyst, two Systems Analysts and one Administrative Assistant. The Administrative Services Division provides oversight for all departmental operations and facilities, human resources, budget, customer services, technology and performance measures. Analyst staff are responsible for the integration of technology across all CDD divisions, coordination with the cities as well as providing direct service to the public via application training and support, web -based mapping, reporting services and data distribution. 2022 Year in Review ✓ Continued remote work options for approximately 50% of staff. ✓ Improved system interoperability of Accela and DIAL software systems by increasing efficiency and improved service by allowing "real time" document upload. ✓ Completed a reorganization of office spaces and small remodel on CDD's first floor in an effort to better utilize available square footage. ✓ Implemented process and procedure to invoice non-residential transportation system development charges (SDCs) in an effort to identify charges due and allow for online payments. ✓ Adopted Unmanned Aerial System (Drones) Policy to establish guidelines for the use of drones to perform building safety inspections. ✓ Provided addressing services to the City of Redmond on contract. ✓ Published a Community Engagement Center webpage in an effort to provide an opportunity for public engagement, learn about current projects and post department announcements. 15 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects • Continue to reconfigure Accela to improve code compliance case management and planning land use module interoperability. • Continue to participate in a County -led effort to create a county -wide Pre -disaster Preparedness Plan. • Continue to update CDD's Continuity Of Operation Plan (COOP), as necessary, based on lessons learned and ensure staff are aware of their roles and responsibilities during an emergency. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet service demands in a highly competitive market. • Coordinate with Human Resources to develop a Permit Technician job series. • Continue to explore and research opportunities to increase CDD's sustainable business practices while maximizing the efficiency of operations in a cost effective manner. Publish CDD's enhanced website which is more customer -centric. Improved content will allow customers to better understand CDD's policies and procedures and create an improved customer experience that acts as a guide for understanding the process of development in Deschutes County while also expanding online application instruction content. • Implement a new employee onboarding process to acclimate new employees to their role and an exit interview process for departing staff to learn where department improvements can be made and make sure the employee feels satisfied about their service. • Research help desk service software to assist with tracking citizen inquiries and staff responses. • Expand Code Compliance reporting capabilities. • Explore redesign of CDD main office lobby in an effort to increase security measures. Staff Directory Peter Gutowsky Community 'Development `Director (541) 385-1709 '� Peter,Gutowsky@deschutes.org Tim Berg Applications System Analyst III (541) 330-4648 Tim.Berg@deschutes.org Ines Curland Applications System Analyst II (541) 317-3193 lnes.Curland@deschutes.org Tracy Griffin Administrative Assistant (541) 388-6573 Tracy.Griffin@deschutes.org Sherri Pinner Senior Management Analyst. (541) 385-1712 Sherri. Pinner@deschutes,org 16 CDD FY 2023-24 Work Plan / 2022 Annual Report Overview Building Safety consists of one Building Official, two Assistant Building Officials and fourteen Building Safety Inspectors. The Building Safety Division administers and implements state and federal building codes through a process of education and a clear and consistent application of the specialty codes. The division provides construction plan reviews, consultation and inspection services throughout the rural county and the cities of La Pine and Sisters. The division also provides services to Lake, Jefferson, Klamath and Crook counties, the cities of Bend and Redmond, and the State of Oregon Building Codes Division (BCD) on an as - needed basis. 2022 Year in Review ✓ Issued 560 new single-family dwelling permits in 2022. The distribution of these new homes for Deschutes County's building jurisdiction included: — Rural/unincorporated areas: 419 — City of La Pine: 70 — City of Sisters: 71 ✓ Completed inspections on major projects such as: — Healing Reins Therapeutic Riding Center — Commercial Photovoltaic Solar System in Sisters — Black Butte Ranch Lodge Dining Facility — Several Large Custom Homes over 10K sq. ft. . — Caldera Springs Pool & Fitness Center ✓ Completed major building plan reviews for: — Leading Edge helicopter facility — U.S. Forest Service storage building — 41 K sq. ft. speculative industrial building — Caldera Springs Pool & Fitness Center — Deschutes Public Library remodels in La Pine and Sisters — Two apartment buildings in La Pine — Lab remodel for Bend Research — Two cannabis extraction facilities — Fifteen aircraft hangars — Sisters School District Elementary School — 15K sq. ft. church building — Six multi -story apartment buildings in La Pine and Sisters — Negus Transfer Station — Aircraft paint booth ✓ Maintained high levels of customers service, productivity and efficiency while navigating staff turnover and remote work schedules. ✓ A Building Safety Inspector III participated on the 2023 Oregon Residential Specialty Code review committee through the Oregon BCD. ✓ Coordinated local discussions regarding most recent building code updates. ✓ Participated in public, community and customer -specific education and outreach efforts such as Oregon Administrative Rule (OAR) 918-480-0125 Uniform Alternate Construction Standards for mitigation due to a lack of firefighting water supplies. ✓ Coordinated with state and county staff to promote and educate customers on how to apply for online permits and inspections. ✓ Continued succession planning, cross -training and technology investments to maintain and improve efficiencies. 17 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review, continued ✓ A Building Safety Inspector III was elected to serve as Vice President of the Central Oregon Chapter of the International Code Council (ICC). ✓ There was an internal promotion for a second Assistant Building Official position. ✓ The Building Safety Director was appointed to Electronic Processes Review Committee by BCD. ✓ Participated in pilot program to test the Oregon ePermitting inspector application. ✓ Implemented the use of drones and other technology to accomplish high risk inspections such as roof diaphragm nailing, chimney construction, PV solar installations and high lift concrete masonry unit grouting. ✓ Actively participated in discussions related to: — SB 762, Wildfire Mitigation, and forthcoming requirements to apply Oregon Residential Specialty Code (ORSC) 327.4 to new development. — Newly created requirements for daycare and adult foster care facilities located in private residential homes. — Local contractors in regards to the new American Society of Heating, Refrigerating and Air - Conditioning Engineers (ASHRAE) ventilation requirements. ✓ Provided A -level commercial electrical and plumbing inspections services for the City of Redmond, on contract. New Single Family Dwelling Permits Issued 840___________________________________________________________________________________________________ 775 i 740 640 I b40 - - - 540 440 340 240 140 40 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 18 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects • Continue succession planning for future retirements and explore staffing needs such as obtaining additional certifications to enhance department efficiencies. • Continue certification cross -training for all new hires to maintain the division's goal of having fully certified residential inspection staff. • Continue participation in SB 762, Wildfire Mitigation and the forthcoming process of implementing additional construction standards to reduce hazards presented by wildfire ORSC R327.4, and/or defensible space requirements into Deschutes County Code (DCC). • Continue participation in SB 391 discussions regarding Rural Accessory Dwelling Unit's (ADU's) in Deschutes County. • Produce new informational brochures as required by OAR 918-020-0090 to help customers navigate code changes such as Energy Code and Daycare Facility updates. • Host Chemeketa Community College Building Inspection Technology students for summer Cooperative Work Experience program which provides an opportunity to demonstrate the county's customer friendly, service -oriented approach as a regulatory agency. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet increasing service demands in a highly competitive market. • Promote use of video inspections for difficult to access areas, such as, underfloor areas that are covered. • Continue participation in CDD's website updates. 19 CDD FY 2023-24 Work Plan / 2022 Annual Report Staff Directory Randy Scheid Building Safety Director (541) 317-3137 Randy.Scheid@deschutes.org Krista Appleby Assistant Building Official (541) 385-1701 Krista.Appleby@deschutes.org Keri Blackburn Building Inspector 111 (541) 388-6577 Keri.Slackburn@deschutes.org Mark Byrd Building Inspector 111 (541) 749-7909 Mark. Byrd@deschutes.org Rainer Doerge Building Inspector III (541) 480- 935 Rainer,Doerge@deschutes.org Ami Dougherty Building Inspector II (541) 385-3217 Ami.Dougherty@deschutes.org Travis Eggleston Building Inspector I (541) 480-8934 Travis.Eggleston@deschutes.org David Farrin Building Inspector Ill (541) 385-1702 David.Farrin@deschutes.org Owen Gilstrap, Building Inspector III i (541) 480-8948 . Owen.Gilstrap@deschutes.org l John Kelley Building Inspector 111 (541) 797-3582 John.Kelley@deschutes.org Michael Liskh Building Inspector 111 (541) 280-0342 Michael.1-iskh@deschutes.org Brian Moore Building Inspector 111 (541) 385-1705 Brian.Moore@deschutes.org Aaron Susee Building Inspector III (541) 749-7370 Aaron. Susee@deschutes.org Laurie Wilson Building Inspector 111 (541) 383-6711 Laurie.Wilson@deschutes.org 20 CDD FY 2023-24 Work Plan / 2022 Annual Report Overview Code Compliance consists of four Code Compliance Specialists with one designated as Lead. The program is managed by the Coordinated Services Administrative Manager and is supported by a law enforcement deputy from the Deschutes County Sheriffs Office (DCSO) and CDD's operating divisions. The Code Compliance Division is responsible for investigating code violation complaints to ensure compliance with land use, onsite wastewater disposal, building and solid waste codes (by contract with the Solid Waste Department), and provides direct service to the cities of La Pine and Sisters for building code violations under the Building Safety program. The program's overriding goal is to achieve voluntary compliance. If necessary, cases are resolved through Circuit Court,justice Court or before a Code Compliance Administrative Hearings Officer proceeding. The program continues to adapt to the county's challenges of growth and diversification, incorporating new measures to ensure timely code compliance. While voluntary compliance is the primary objective, an ever-growing number of cases require further code compliance action because of delayed correction or non-compliance. Through the refinement of departmental procedures for administrative civil penalty, Code Compliance is obtaining compliance from citations rather than court adjudication, resulting in greater cost recovery. A disconcerting trend is the need for county abatement in some cases. In abatement, the county corrects the violations. Abatement action is reserved for matters of chronic nuisance and public health and safety. In response to this trend, Code Compliance is closely coordinating with other county departments in the development and enactment of abatement plans. 2022 Year in Review ✓ Received 784 new cases and resolved 731. This is near identical to new and resolved cases from the previous year. ✓ Designated a lead Code Compliance Specialist and assigned duties. ✓ Analyzed the Code Compliance program in an effort to create efficiencies for case assignment, management and proceedings. ✓ Revised the Voluntary Compliance Agreement and templates for Pre -Enforcement Notices to improve communications. ✓ Continued to partner with county departments to resolve difficult cases. Coordination ensures efficient operations and avoids overlapping efforts, thus allowing staff to conduct a thorough investigation on behalf of community members. ✓ Implemented staff remote work options and flex schedules for efficiency. ✓ Utilized the designated DSCO deputy for site visits as a safety measure. ✓ Revised method of case assignments to incorporate staff experience and training opportunities. ✓ Implemented post -pandemic remote hearing proceedings and engagement strategies to ensure an opportunity for citizens to participate. 21 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects • Improve methods of communication with complainants regarding case status and case closure. • Continue to improve training program for new hires to include staff onboarding and procedural guidelines. • Coordinate with DSCO and Risk Management to develop and implement annual field safety classes. • Coordinate with the Human Resources Department to evaluate, propose and implement strategies to attract and retain staff to meet service demands in a highly competitive market. • Coordinate with Solid Waste Department and BOCC to identify a funding source for code abatement processes. • In coordination with the Legal Department, explore the creation of policies and procedures related to discretionary immunity and caps on lien amounts, among other topics. • Revise online complaint submittal process to include photos, geographic information systems (GIS) and communication in an effort to improve efficiency and record keeping. • Update Deschutes County Code (DCC) 1.16 Abatement language to include appeal processes. • Revise Code Compliance dashboard to include management tools to ensure relevant data is utilized. • Explore software revisions to improve record keeping and enable collection of court fines and fees. Annual Cases Opened and Closed 22 CDD rY 2023-24 Work Plan / 2022 Annual Report Staff Directory Scott Durr Code Compliance Specialist (541) 385-1745 Scott.Durr@deschutes.org Carolyn Francis Code Compliance Specialist (541) 617-4736 Carolyr�.Francis@deschutes.org Dan Smith Code Compliance Specialist (541) 385 1710 Daniel.Smith@deschutes.org 23 CDD FY 2023-24 Work Plan / 2022 Annual Report Overview Coordinated Services consists of an Administrative Manager, one Administrative Supervisor, eight Permit Technicians, one Administrative Assistant, one Administrative Support Specialist and one Administrative Support Technician. The Coordinated Services Division provides permitting and "front line" direct services to customers. While coordinating with all operating divisions, staff ensure accurate information is provided to the public, while minimizing wait times and ensuring the efficient operation of the front counter and online portal. 2022 Year in Review ✓ Permit Technicians continued to provide exceptional customer service to in -person customers as well as virtually through the Accela online portal. ✓ Implemented a flexible work schedule for staff. ✓ Implemented an improved phased staff training program including cross division record research and permitting processes. ✓ Continued to update the Standard Operating Procedures manual which serves as an additional resource for staff consistency and succession planning. ✓ Revised role of administrative staff to include complex assignments in an effort to increase staff retention. ✓ Increased electronic permit submittals through public education and outreach to licensed professionals. Received 60.4% of Building Safety and Onsite Wastewater applications online compared to 49.9% in 2021. ✓ Transitioned residential plans from paper to electronic submittals. ✓ Transitioned residential plans from paper to electronic submittals locations in City of Sisters and City of La Pine which allowed reallocation of staff resources to the main office in Bend. 24 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects • Revise CDD's decommissioning plan process and procedure. • Revise internal process and procedure for legitimizing unpermitted structures. • Implement increased safety measures for the front lobby including staff safety training from DCSO. • Continue to improve efficiencies in permit processes and procedures. • Coordinate with the Human Resources Department to evaluate, propose and implement a Permit Technician job series through the creation of a new Permit Technician II classification in an effort to attract and retain staff to meet service demands in a highly competitive market. • Continue participation in CDD's website updates. Deice Location & Lobby Hours 117 NW Lafayette Ave, Bend, OR 97703 Monday, Tuesday, Thursday, Friday 8:00 AM-4:00 PM, Wednesday 9:00 AM-4:00 PM Staff Directory Angie Havnear Administrative Manager (541) 317-3122 Angela,Havniear@deschutes.org Jennifer Lawrence Administrative Supervisor (541) 385-1405 Jennifer,L'.Lawrence@deschutes.org Karly Bireis Administrative Support (541) 383-4392 Karly.B res@deschutes.org Robert Graham Administrative Assistant (541) 385-3217 Robert.Graham@deschutes.org Miu Green Permit Technician i (541) 385-3200 Miu.Green@deschutes.org Jessie Henderson Permit Technician (541) 385-1730 Jessica.Henderson@deschutes.org Jean Miller Permit Technician (541) 383-6711 jean.MiIler@deschutes.org Treyson Wayland Permit Technician (541) 388-6680 treyson.wayland@deschutes.org Adam Weisgerber Permit Technican : (541) 322-7193 adam.weisgerber@deschutes.org 25 CDD FY 2023-24 Work Plan / 2022 Annual Report Overview Onsite Wastewater consists of one Onsite Wastewater Manager, two Onsite Wastewater Specialists II, two Onsite Wastewater Specialists I and one Administrative Assistant. The Onsite Wastewater Division regulates on -site wastewater treatment systems (septic) to assure compliance with state rules, and monitors environmental factors for public health and resource protection. They provide site evaluations, design reviews, permitting, inspections and education and coordination with the Oregon Department of Environmental Quality (DEQ) for onsite wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks, reports on the condition of existing wastewater systems, maintains an Operation & Maintenance (0&M) tracking system, provides the public with information on wastewater treatment systems and regulations and investigates sewage hazards to protect public health and the environment. Staff are also engaged in the proactive pursuit of protecting the groundwater in Deschutes County and continue to work with DEQ on permitting protective onsite wastewater systems in Southern Deschutes County. 2022 Year in Review ✓ Assessed 216 sites for onsite wastewater treatment and dispersal systems, a decrease of 43.5% from 2021, and issued 1,175 permits and authorizations for new and existing onsite treatment and dispersal systems, a decrease of 21 % from 2021. Applications continue to increase in complexity and technical requirements. ✓ Repaired 223 failing or substandard systems correcting sewage health hazards and protecting public health and the environment. ✓ Increased electronic permit submittal and inspection scheduling through outreach and education of customers, particularly licensed professionals. The division received 45.7% of applications online compared to 43.2% in 2021. ✓ Created Onsite Wastewater Manager classification. Onsite Permits Issued 26 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review, continued ✓ Provided eleven property owners in South County with rebates of $3,750 per property for upgrading conventional onsite wastewater treatment systems to nitrogen -reducing pollution reduction systems. ✓ Provided technical assistance to Terrebonne Sanitary District Formation Committee. ✓ Provided technical assistance for the Tumalo sewer feasibility study. ✓ Verified an estimated 1,500 septic system maintenance contracts for the O&M tracking system. ✓ Coordinated with the City of Bend and DEQ staff regarding the septic to sewer program, and the impact on homeowners with onsite wastewater systems. ✓ Worked with DEQ on permitting protective onsite wastewater systems in South County. Participated in dozens of variance hearings for modified advanced treatment systems on severely limited sites. ✓ Coordinated with DEQ staff for a South County groundwater and drinking well sampling event. ✓ Supported and provided technical assistance for Central Oregon Intergovernmental Council applying for and receiving DEQ Onsite Financial Aid Program (OSFAP) to assist property owners with septic repairs. ✓ Onsite trainees are fully integrated team members knowledgeable about permitting, inspections and other tasks. 27 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects • Work with DEQ staff on planning for and funding of long term and regular well sampling events approximately every 10 years to monitor changes in water quality in the aquifer. • Participate in the Upper Deschutes Agricultural Water Quality Management Area Local Advisory Committee. • Continue to provide financial assistance opportunities to South County property owners to upgrade conventional systems to nitrogen reducing pollution reduction systems through Nitrogen Reducing System Rebates and the Neighborlmpact Non -conforming Loan Partnership. • Review current groundwater protection policies for South County and continue review of variance applications with DEQ onsite staff to ensure the goals of water resource protection are addressed. Highest risk areas may require greater scrutiny. • Prepare for development to occur in the Newberry Neighborhood in La Pine by reviewing financial assistance programs for groundwater protection efforts. This may include creation of a financial advisory group process to include community members. • Continue providing technical assistance support for the Terrebonne Sanitary District formation and Tumalo sewer feasibility study. • Coordinate with the Planning Division regarding process or code amendments that could impact onsite wastewater processes for temporary use permits, hardship dwellings and lot line adjustments. • Update website information for onsite wastewater and groundwater protection. Staff Directory Todd; Cleveland Environmental Health Supervisor (541) 617-4714 Todd .Cleveland@deschutes;org Keoni Frampton Environmental Health Specialist 1 (541) 330-4666 Keoni.Frampton@deschutes.org Kevin Hesson Environmental Health Specialist 11 (541) 322-7181 Kevin.Hesson@deschutes.org Lindsey Holloway Environmental Health Specialist (541) 388 6596 Lindsey. Holloway@deschutes.org Kiley Rucker-Clamons '. Environmental Health Specialist 11 (541) 383-6709 . Kilev.RUcker-Clamons@deschotes.org Martha Shields Administrative Assistant (541) 385-1706 Martha.Shields@deschutes.org 28 CDD FY 2023-24 Work Plan / 2022 Annual Report Overview Planning consists of one Planning Director, one Planning Manager, two Principal Planners, two Senior Planners, two Senior Long Range Planners, one Senior Transportation Planner, six Associate Planners, three Assistant Planners and one Administrative Assistant. The Planning Division consists of two operational areas: Current Planning and Long Range Planning. Current Planning processes individual land use applications and provides information to the public on all land use related issues. Long Range Planning addresses the future needs of the county through updates to the comprehensive plan, changes to the county code and other special projects. Current Planning Responsible for reviewing land use applications for compliance with Deschutes County Code (DCC) and state law, including zoning, subdivision and development regulations, and facilitating public hearings with Hearings Officers and the BOCC. Staff is also responsible for verifying compliance with land use rules for building permit applications and septic permits; coordinating with Code Compliance to respond to complaints and monitor conditions of approval for land use permits; performing road naming duties; providing assistance at the public information counter, over the telephone and via email; and addressing in the rural county and City of Redmond under contract. Long Mange Planning Responsible for planning for the future of Deschutes County, including developing and implementing land use policy with the BOCC, Planning Commission, community and partner organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations, coordinating with cities and agencies on various planning projects taking place in the region, including population forecasts with Portland State University and cities. Staff also monitors and participates in annual legislative sessions, and serves on numerous local, regional and statewide committees primarily focusing on transportation, natural resources, growth management and economic development. Transportation Planning Provides comments and expertise on land use applications, calculates System Development Charges (SDC's) as part of land use application review process or upon request; provides comments to the County's Risk Management Department regarding traffic issues for permitted events; participates in the annual County Capital Improvement Plan (CIP) process with the Road Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination with the Bicycle and Pedestrian Advisory Committee (BPAC); participates in Oregon Department of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans; and serves on several local and regional transportation committees, most notably BPAC, the Bend Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area Commission on Transportation Technical Advisory Committee (TAC). Floodplain & Wetlands Planning Responsible for providing comments and expertise on land use applications, code compliance, and general property inquiries that require development, fill, or removal in mapped floodplain and wetland areas. Staff maintains certification as an Association of State Floodplain Managers (ASFPM) Certified Floodplain Manager to provide customers with up-to-date and accurate information regarding Federal Emergency Management Agency (FEMA) regulations, surveying requirements, and construction requirements. Coordination is frequently required with external agencies including FEMA, US Army Corps of Engineers, Oregon Department of State Lands (DSL), ODFW, and USFS. 29 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review ✓ Counter coverage averaged 222 customer visits a month compared to 242 in 2021. ✓ Staff responded to 2,757 emails and 2,598 phone call inquiries. This equates to over 229 emails and 217 phone calls per month. ✓ Received 895 land use applications compared to 1,089 in 2021, a decrease of 17.8% over prior year. ✓ The Planning Division received 10 non -farm dwelling applications compared with 22 for 2021. ✓ Twenty (20) final plats were recorded in 2022 or are in the process of being recorded, creating a total of 210 residential lots. ✓ Selected a consultant to lead a major Deschutes County Comprehensive Plan Update process. Land Use Appfications Received 30 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review, continued Thirteen (13) land use applications were reviewed by Hearings Officers compared to 20 in 2021. They in- clude: ✓ Thornburg Destination Resort (3) ✓ ✓ Declaratory Rulings for Initiation of Use of Prior Approvals (2) ✓ ✓ Quasi-judicial Hearings for Land Use Applications (3) Plan Amendment Zone Changes from Exclusive Farm Use to Non -Resource Zoning (4) City of Bend Urban Growth Boundary (UGB) Amendment / HB 4079 (1) The BOCC conducted 16 quasi-judicial land use hearings or proceedings, equal to 2021. ✓ Appeals declined for review by the BOCC (3) ✓ Improvement Agreements (2) ✓ City of Bend UGB Amendment (1) ✓ Road Name Change (1) ✓ Noise Variances (3) ✓ Plan Amendment Zone Changes from Exclusive Farm Use to Non -Resource Zones (3) ✓ Quasi-judicial Hearings for Land Use Applications (1) Ten (10) appeals were filed with the Land Use Board of Appeals (LUBA) in 2022, compared to 11 in 2021: ✓ Oregon Water Resources Department Land Use Compatibility Statement / Quasi -Municipal Water Right ✓ Private Airstrip ✓ Template Dwelling ✓ Wireless Tower / ODOT Right of Way ✓ Declaratory Ruling for Tumalo Sewer Expansion ✓ Thornburgh Destination Resort (4) ✓ Plan Amendment Zone Change Remand 31 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review, continued Legislative Amendments The BOCC adopted: ✓ Psilocybin Time, Place, and Manner (TPM) Amendments —Pursuant to Measure 109, the county adopted ordinances that impose reasonable TPM regulations on the location and operation of psilocybin businesses. Deschutes 2040 Comprehensive Plan Update Planning staff initiated an 18-month process to update the County's Comprehensive Plan in May 2022. The initial phases of the project focused on conducting background research to form the technical basis for the plan update, and collecting community feedback to identify the key issues, goals, and challenges facing the county for the next 20 years. During the last 7 months, staff accomplished the following: ✓ Initiated a professional services agreement with the project consultant for an estimated $233,000. ✓ Received a $5,000 technical assistance grant from Department of Land Conservation and Development (DLCD) for virtual engagement and software tools. ✓ Drafted background summaries of existing conditions and projected trends in Deschutes County, which will ultimately be used as the narrative for Comprehensive Plan Update chapters. ✓ Conducted a community engagement training for staff. ✓ Created a community engagement plan to raise awareness of the project and ensure an inclusive strategy for outreach. ✓ Conducted the first round of community engagements including four in -person open houses, an online survey, and over 50 local meetings designed for community groups, stakeholders and residents to come together and share their thoughts. These meetings resulted in responses from 550 community members. ✓ Established a project website using a new integrative tool (ArcHub) and utilized social media to spread awareness of the project website and meetings, resulting in 9,699 post views across a variety of social media platforms. ✓ Provided two project updates through a Constant Contact email list with 391 subscribers. ✓ Established the Planning Commission as the community advisory body for the project and met six times to review and discuss the project scope, community engagement plan, and staff edits to the Comprehensive Plan goals and policies. 32 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review, continued Grants Certified Local Government Grant Planning staff administered an 18-month $11,500 Certified Local Government (CLG) Grant from the State Historic Preservation Office (SHPO) to assist Deschutes County with its historic preservation programs. Technical Assistance Grant In November 2022, DLCD awarded the department a $5,000 Technical Assistance Grant to fund the use of specialized software tools to assist in virtual outreach for the county's Comprehensive Plan Update. Transportation Growth Management Grant Planning staff coordinated with ODOT to execute a $75,000 Transportation and Growth Management (TGM) Grant to update the Tumalo Community Plan bike/ped/transit elements and implement the rural trails portion of the Sisters Country Vision Action Plan. Coordination with Other jurisdictions, Agencies and Committees Bicycle and Pedestrian Advisory Committee BPAC met 12 times, commenting on regional Transportation System Plan (TSP) updates, trail connections between cities and recreation areas, bicycle and pedestrian safety issues and ODOT projects, among others. Oregon Department of Transportation (ODOT) Participated in Baker Road -Lava Butte Multi -use Path and Lava Butte -La Pine Multi -use Path Technical Advisory Committee (TAC); Baker Road Interchange Area Management Plan TAC; quarterly meetings with ODOT, Road Department, and cities of Bend and Redmond to review traffic modeling needs; stakeholder committee for ODOT study on wildlife passages for US 20 between Bend and Santiam Pass; US 20 (Greenwood Ave.) 3rd Street / Powell Butte Hwy Refinement Plan. Deschutes River Mitigation and Enhancement Committee Convened two Deschutes River Mitigation and Enhancement Committee meetings to receive updates from ODFW and Central Oregon Irrigation District (COID). 33 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Year in Review, continued Coordination with Other jurisdictions, Agencies and Committees City of Bend —Coordinated with City staff regarding: ✓ Bend Airport Master Plan. ✓ Bend UGB Amendment / HB 4079 / Affordable Housing Project. ✓ Long-term Planning for the Outback Water Filtration Facility. ✓ Bend Metropolitan Planning Organization TAC. ✓ Bend UGB Amendment / HB 3318 / Stevens Road Tract. City of La Pine —Coordinated with City staff regarding: ✓ Land use applications for effects on county road system. ✓ Participation with Property Management and the city to update and amend the county owned Newberry Neighborhood comprehensive plan designations, master plan and implementing regulation. City of Redmond —Coordinated with City staff regarding: ✓ CORE3—UGB Amendment for dedicated, multi -agency coordination center for emergency operations and training led by Central Oregon Intergovernmental Council (COIC) ✓ Relocation and expansion of wastewater treatment plant. ✓ Update Airport Safety Zone associated with the Redmond Airport Master Plan Update. City of Sisters —Coordinated with City staff regarding: ✓ Participation in the implementation of Sisters Country Vision Plan and Sisters Comprehensive Plan. Deschutes County ✓ Provided updates to BOCC regarding SB 391 Rural ADUs, SB 762 Wildfire Mitigation, wildlife inventories produced by ODFW, Portland State University (PSU) population updates, short-term rentals, Tumalo Community Plan update and dark skies project. 34 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects Development Review • Respond to phone and email customer inquiries within 48 to 72 hours. • Issue all administrative (staff) decisions for land use actions that do not require prior notice within 21 days of determination of a complete application. • Issue all administrative (staff) decisions for land use actions requiring prior notice within 45 days of determination of a complete application. Process Hearings Officer decisions for land use actions and potential appeals to the BOCC within 150 days per State law. • Continue to improve website accessibility to the public to view records associated with complex land use applications. Comprehensive Plan Update • Amend Comprehensive Plan (Comp Plan 2040) to incorporate new existing conditions, goals and policies. • Engage Newberry Country and Terrebonne and residents to determine if community plans, goals, and policies meet the current and future needs of the area and whether there is an interest and readiness for area and/or community plan updates. Natural Resources • Natural Hazards —Develop a work plan to amend the Comprehensive Plan and County Code requiring defensible space and fire-resistant building materials per SB 762 (2021, Wildfire Mitigation). • Natural Hazards —Initiate recommended development code amendments related to the Natural Hazard Mitigation Plan. • Wildlife Inventories —Amend the Comprehensive Plan and Zoning Code to incorporate a new mule deer winter range inventory from ODFW. • Sage -Grouse —Participate as a Coordinating Agency with the Bureau of Land Management (BLM). • Dark Skies Update —Revisit County's existing outdoor lighting ordinance and update regulations to reflect current best practices and technology. Transportation Growth Management (TGM) Grant • Amend Comprehensive Plan to incorporate the Tumalo Community Plan update. • Implement the rural trails portion of the Sisters Country Vision Action Plan. 35 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects, continued Transportation Planning • Amend Comprehensive Plan to incorporate Transportation System Plan (TSP) update in coordination with Road Department and ODOT. • Process road naming requests associated with certain types of development on a semi-annual basis. • Coordinate with ODOT and Parks Districts on regional trail projects. City of Bend Coordination • Adopt the Bend Airport Master Plan (BAMP) and amend the County's Comprehensive Plan and Development Code to implement measures that allow for a new air traffic control tower and new airport -related businesses. • Coordinate on growth management issues, including technical analyses related to housing and employment needs and modernizing Title 19 for the Deschutes CountyJail. • Process a Plan Amendment and Zone Change to add the Stevens Road Tract to the Bend Urban Growth Boundary (UGB), in accordance with HB 3318. City of La Pine Coordination • Participate with Property Management and the City of La Pine process to update and amend the county -owned Newberry Neighborhood comprehensive plan designations, master plan and implementing regulations. City of Redmond Coordination • Coordinate on growth management issues, including with Central Oregon Intergovernmental Council (COIC) on CORES, a multi -stakeholder regional emergency center. • Process Conditional Use Permit and Site Plan Review applications for a new wastewater treatment plant. • Coordinate on an update of the Airport Safety Zone associated with the Redmond Airport. City of Sisters Coordination • Participate in the implementation of Sisters Country Vision Plan and their Comprehensive Plan Update. Growth Management Committees Coordinate and/or participate on Deschutes County BPAC, Project Wildfire, and Deschutes River Mitigation and Enhancement Committee. Historic Preservation —Certified Local Government (CLG) Grant • Administer 2023-24 Certified Local Government Grant from SHPO. 36 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects, continued Housekeeping Amendments • Initiate housekeeping amendments to ensure County Code complies with state law. Housing Strategies • Amend County Code to implement SB 391, Rural ADUs. • Amend County Code to repeal Conventional Housing Combining Zone. • Amend County Code to define family for unrelated persons HB 2538 (non -familial Individuals). • Explore options and approaches to address rural housing and homelessness as allowed under state law. Legislative Session (2023-24) • Initiate Comprehensive Plan and/or Zoning Text amendments to comply with and implement new or revised state laws. • Participate in legislative or rulemaking work groups to shape state laws that benefit Deschutes County. Short Term Rentals • Prepare a white paper describing methods for regulating short term rentals. • Coordinate with BOCC on next steps Zoning Text Amendments • Accessory structure amendments clarifying it must be built concurrent with or after the establishment of a primary residence with certain allowed facilities. • Applicant initiated plan amendment, zone changes, and/or text amendments. • Allow "self -serve" farm stands in Rural residential Exception Areas • Comply with House Bill 3109 (2021) pertaining to establishment of childcare facilities in industrial zones. • Define family for unrelated persons per HB 2538 (Non -familial Individuals). • Forest Zone Code —Review for compliance with Oregon Administrative Rule. • In conduit hydroelectric generation code amendments. • Lot Line Adjustments and Re -platting. • Medical Hardship Dwellings —review for consistency with state law. • Minor variance 10% lot area rule for farm and forest zoned properties. • Outdoor Mass Gatherings update, • Repeal Conventional Housing Combining Zone. • Section 6409(a) of the Spectrum Act (Wireless Telecommunication Amendments). • Sign code to become consistent with federal law. • Temporary use of recreational vehicles as dwellings. • Title 19, 20, 21—Language related to Class I, II, and III road projects as allowed uses. E 37 CDD FY 2023-24 Work Plan / 2022 Annual Report FY 2023-24 Work Plan Projects, continued • Title 22—Procedures Ordinance for consistency with state law and planning department interpretations. • Wetland Regulation Clarification for Irrigation or Artificially Created Wetlands. Staff Directory Will Groves Planning Manager (541) 388 6518 William.Groves@deschutes.org Anthony Raguine Principal Planner (541) 617-4739 Anthony. Raguine@deschutes.org Jacob Ripper Principal Planner (541) 385-1759 Jacob. Ripper@deschutes.org Brooke Clark Administrative Assistant (541) 617-4707 Brooke.Clark@deschutes.org Kyle Collins -Associate Long Range Planner (541) 383-4427 Kyle.Collins@deschutes.org Dan DiMarzo Assistant Planner (541) 330-4620 Daniel.DiMarzo@deschutes.org Caroline House Senior Planner (541) 388-6667 Caroline, House@deschutes.org AveryJohnson Assistant Planner (541) 385-1704 • Avery.Johnson@deschutes.org; Haleigh King Associate Planner (541) 383-6710 Haleigh.King@deschutes.org Nicole Mardell Senior Long Range Planner, (541) 317-3157 Nicole.Mardeii@deschutes.org Nathaniel Miller Associate Planner (541) 317-3164 Nathaniel.Miller@deschutes.org Tank Rawlings Associate Long Mange Planner (541) 317-3148 Tarik.Rawlings@deschutes,org` Peter Russell Senior Transportation Planner (541) 383-6718 Peter.Russell@deschutes.org Tanya Saltzman Senior Long Range Planner (5441) 388-6528 Tanya.Saltzman@deschutes,org Audrey Stuart Associate Planner (541) 388-6679 Audrey.Stuart@deschutes.org, Rachel Vickers Associate Planner (541) 388-6504 Rachel.Vickers@deschutes.org Ben Wilson Assistant Planner (541) 385-1713 Ben.Wilson@deschutes.org 38 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen involvement program that provides opportunities for community participation in land use planning processes and decisions. Land use legislation, policies and implementation measures made by Oregonians nearly 50 years ago helped shape Oregon's urban and rural environments. Likewise, choices made today will ultimately shape these areas in the future. Successful land use planning occurs through an open and public process that provides room for information gathering, analysis and vigorous debate. Deschutes County's Community Involvement program is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning Commission as the committee for citizen involvement. It also contains the County's Community Involvement goal and corresponding five policies that comply with Goal 1 This report briefly discusses the noteworthy community involvement actions undertaken by the Planning Division in 2022. The report is intended to provide county residents and stakeholders with a tool to assess its effectiveness and offer additional suggestions the County can utilize to ensure that its diverse communities remain actively involved in land use planning discussions. 39 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Planning Commission The Planning Commission convened 17 times to consider: ✓ Amateur (HAM) Radio Facility Text Amendments ✓ CDD FY 2022-23 Annual Report & Work Plan ✓ Dark Skies Update ✓ Deschutes 2040 Meetings: Comprehensive Plan Update Briefing Community Engagement Plan Review Phase 1 Results Overview and Phase 2 Activities Key Planning Issues, Challenges, and Goals Initial Policy Review Results of Phase 2 Visioning Activities, and Initial Policy Review ✓ Deschutes County Transportation System Plan 2020-2040 Update ✓ Joint BOCC / PC Work Session ✓ Psilocybin TPM Amendments ✓ SB 391—Rural ADU Text Amendment ✓ SB 762—Wildfire Hazard Risk Mapping and the Wildland Urban Interface ✓ TGM Grant for Bike/Ped/Transit in Tumalo; Rural trails in Sisters Country ✓ Tumalo Community Plan ✓ Water Resources Discussion Panel ✓ Wildlife Inventory Update 40 CDD FY 2023-24 Work Plan / 2022 Annual Report 2022 Historic Landmarks Commission Convened 5 times in 2022 to consider: ✓ Archeological Society of Central Oregon —Introduction ✓ CDD FY 2022-23 Annual Report & Work Plan ✓ CLG Grant Application ✓ City of Sisters Check-In—CLG Grant Projects ✓ Deschutes County 2040—Project Briefing ✓ Field Trip Discussion ✓ HLC Policies and Procedures Manual ✓ Preservation Month 2023 ✓ Regional Coordination ✓ Strategic Plan ✓ Updates from Bend and Redmond Historic Landmarks Commission 41 CDD FY 2023-24 Work Plan / 2022 Annual Report MEETING DATE: May 31, 2023 SUBJECT: Public Hearing: Griffin/Renfro Plan Amendment and Zone Change for approximately 40 acres south of Bear Creek Road and east of Hamby Road RECOMMENDED MOTION: The Hearings Officer recommends approval of file nos. 247-22-000792-PA, 793-ZC pursuant to DCC 22.28.030. BACKGROUND AND POLICY IMPLICATIONS: The Board will conduct a public hearing to consider a request for a Plan Amendment from Agriculture to Rural Residential Exception Area and Zone Change from Exclusive Farm Use to Multiple Use Agricultural (MUA10) for approximately 40 acres south of Bear Creek Road and east of Hamby Road (file nos. 247-22-000792-PA, 793-ZC). BUDGET IMPACTS: None ATTENDANCE: Rachel Vickers, Associate Planner ►I Tit Ji[i11 1Z1Zq►y, TO: Deschutes County Board of Commissioners FROM: Rachel Vickers, Associate Planner DATE: May 31, 2023 SUBJECT: Griffin/Renfro Comprehensive Plan Amendment and Zone Change - Public Hearing The Board of County Commissioners ("Board") is conducting a public hearing on May 31, 2023, to consider a request for a Comprehensive Plan Amendment and Zone Change (file nos. 247-22-000792- PA, 793-ZC) for one tax lot totaling approximately 40 acres one mile to the east of the City of Bend. This will be the second of two required public hearings. I. BACKGROUND The applicants, Kevin Griffin and Libby Renfro, are requesting a Comprehensive Plan Amendment to re -designate the subject properties from Agriculture to Rural Residential Exception Area and a Zoning Map Amendment to rezone the properties from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). The applicant argues the property was mistakenly identified as farmland, does not contain high -value soils or other characteristics of high value farmland, and therefore should be re- designated and rezoned for rural residential use. The applicants provided a supplementary soil study that identifies non -high value (Class VII and VIII) soils on a majority of the subject properties. Additionally, the applicant's burden of proof includes findings that demonstrates compliance with state and local requirements and policies. II. PUBLIC COMMENTS Staff received four (4) public comments from neighbors and local interest groups related to the February 28, 2023 Hearing's Officer hearing and proceedings. All four comments opposed the application, however staff notes that one of the comments from a nearby neighbor related to using the property as a drug treatment facility which is unrelated to this proposal. Comments received in opposition expressed concern related to potential loss of agricultural land, credibility of the submitted soils report, and the applications ability to meet all relevant local and state regulations. III. HEARINGS OFFICER RECOMMENDATION The Deschutes County Hearings Officer held a public hearing on February 28, 2023. One individual, not including the applicant's team, provided testimony during the hearing in support of the application. On March 24, 2023, the Hearings Officer issued a recommendation of approval for the proposed Plan Amendment and Zone Change evaluating compliance with all applicable review criteria. IV. BOARD CONSIDERATION As the property includes lands designated for agricultural use, Deschutes County Code 22.28.030(C) requires the application to be heard de novo before the Board, regardless of the determination of the Hearings Officer. Per DCC Section 22.20.040(D), the review of the proposed quasi-judicial Plan Amendment and Zone Change is not subject to the 150-day review period typically associated with land use decisions. The record is available for inspection at the Planning Division and at the following website: https://www.deschutes.org/cd/page/247-22-000792-pa-793-zc-%E2%80%93-comprehensive-plan- amendment-and-zone-change. V. NEXT STEPS At the conclusion of the public hearing, the Board can choose one of the following options: • Continue the hearing to a date and time certain; • Close the oral portion of the hearing and leave the written record open to a date and time certain; • Close the hearing and commence deliberations; or • Close the hearing and schedule deliberations for a date and time to be determined. ATTACHMENT(S): 1. Area Map 2. Hearings Officer Recommendation Page 2 of 2 HEARING OFFICER FINDINGS AND RECOMMENDATIONS FILE NUMBERS: 247-22-000792-PA, 793-ZC HEARING DATE: February 28, 2023, 6:00 p.m. HEARING LOCATION: Videoconference and Barnes and Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 SUBJECT PROPERTIES/ OWNER: Mailing Name: GRIFFIN, KEVIN J Map and Taxlot: 181201 D000200 Account: 109857 Situs Address: 21900 RASTOVICH RD, BEND, OR 97702 APPLICANT: Kevin Griffin and Libby Renfro ATTORNEY FOR APPLICANT: Tia Lewis REQUEST: The Applicant requests approval of a Comprehensive Plan Amendment to change the designation of the Subject Property from Agricultural (AG) to Rural Residential Exception Area (RREA). The Applicant also requests a corresponding Zone Change to rezone the Subject Property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). HEARINGS OFFICER: Alan A. Rappleyea STAFF CONTACT: Rachel Vickers, Associate Planner Phone: (541) 388-6504 Email:.Rachel.Vickers@deschutes.org RECORD: Record items can be viewed and downloaded from: https://www.deschutes.or /g cd/page/247-22-000792-pa-793-zc- %E2%80%93-comprehensive-plan-amendment-and-zone-change SUMMARY OF RECOMMENDATION: The Hearings Officer finds that the Applicants have met their burden of proof with respect to the requested Comprehensive Plan Amendment and Zone Change and, therefore, recommends APPROVAL of the Application based on the Findings set forth in this Recommendation. 1. APPLICABLE CRITERIA Title 18 of the Deschutes County Code, the County Zoning Ordinance: Chapter 18.04, Title, Purpose, and Definitions Chapter 18.16, Exclusive Farm Use Zones (EFU) Chapter 18.32, Multiple Use Agricultural (MUA10). Chapter 18.136, Amendments Title 22, Deschutes County Development Procedures Ordinance Deschutes County Comprehensive Plan Chapter 2, Resource Management Chapter 3, Rural Growth Management Appendix C, Transportation System Plan Oregon Administrative Rules (OAR), Chapter 660 Division 12, Transportation Planning Division 15, Statewide Planning Goals and Guidelines Division 33, Agricultural Land Oregon Revised Statutes (ORS) Chapter 215.010, Definitions Chapter 215.211, Agricultural Land, Detailed Soils Assessment II. BACKGROUND AND PROCEDURAL FINDINGS NATURE OF PROCEEDING: This matter comes before the Hearings Officer as a request for approval of a Comprehensive Plan Map Amendment ("Plan Amendment") to change the designation of the Subject Property from Agricultural (AG) to Rural Residential Exception Area (RREA). The Applicants also request approval of a corresponding Zoning Map Amendment ("Zone Change") to change the zoning of the Subject Property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). The basis of the request in the Application is the Applicants' assertion that the Subject Property does not qualify as "agricultural land" under the applicable provisions of the Oregon Revised Statutes or Oregon Administrative Rules governing agricultural land. Based on that assertion, the Applicants are not seeking an exception to Statewide Planning Goal 3 for the Plan Amendment or Zone Change. NOTICES: The Application was filed on April 14, 2022. On October 5, 2022, the County issued a Notice of Application to several public agencies and to property owners in the vicinity of the Subject Property (together, "Application Notice"). The Application Notice invited comments on the Application. Following additional submittals by the Applicants, the County mailed a Notice of Public Hearing on February 3, 2023 ("Hearing Notice") announcing an evidentiary hearing ("Hearing") for the requests in the Application. Notice of the hearing was published in the Bend Bulletin on February 5, 2023. Notice was given to the DLCD of the hearing on January 17, 2023. Pursuant to the Hearing Notice, I presided over the Hearing as the Hearings Officer on February 28, 2023, opening the Hearing at 6:00 p.m. The Hearing was held via videoconference, with Staff and a representative of the Applicants in the hearing room. The Hearings Officer appeared remotely. On February 21, 2023, the 2 247-22-000792-PA, 793-ZC Deschutes County Planning Division ("Staff') issued a report setting forth the applicable criteria and presenting the evidence in the record at that time ("Staff Report"). The Hearings Officer finds that all procedural notice requirements were met. HEARING: At the beginning of the Hearing, I provided an overview of the quasi-judicial process and instructed participants to direct comments to the approval criteria and standards, and to raise any issues a participant wanted to preserve for appeal if necessary. I stated I had no ex parte contacts to disclose or bias to declare. I asked for but received no objections to the County's jurisdiction over the matter or to my participation as the Hearings Officer. Next, Staff provided a summary of the staff report. The applicant's attorney, Ms. Lewis then made a presentation. The Applicant, Mr. Kevin Griffin also testified in support of the application. There was no one present either in person or remotely to offer neutral testimony or opposition testimony. Staff reported on the letters in opposition from Kristen Sabo and Carol Macbeth of COLW, Devin Kesner of 1000 Friends of Oregon including one that recently arrived from Ms. Macbeth from Central Oregon Land Watch (COLW), and Mr. Jerry Wilke. I noted that I had read the letters that were submitted but had not yet seen the COLW most recent letter. I have now reviewed that letter. The applicant stated that the letter in opposition from Jerry Wilke was likely addressing a different application as the current application does not propose a drug rehabilitation facility. I concur in that statement. The applicant also rebutted the arguments provided by COWL and 1000 Friends. The applicant and staff then responded to my questions. I mentioned that the Board would be hearing a similar application in Marken 247-22-000353-PA and 247-22-000354-ZC. I wanted to take judicial notice of that decision when it is issued for the record. The applicant did not have an issue with having that decision reviewed by the Hearings Officer. I noted that I have a contractual obligation to issue timely decisions. No participant requested that the record remain open. The Hearing concluded at approximately 6:59 p.m. At that time, I closed the Hearing and the record, and I took this matter under advisement. 150-DAY CLOCK: Because the Application includes a request for the Plan Amendment, the 150-day review period set forth in ORS 215.427(1) is not applicable. ORS 215.427(7). The Staff Report also notes that the 150-day review period is not applicable by virtue of Deschutes County Code ("DCC" or "Code") 22.20.040(D). No participant to the proceeding disputed that conclusion. III. SUBSTANTIVE FINDINGS AND CONCLUSIONS Adoption of Factual Findings in Staff Report: The Staff Report contains a comprehensive summary of evidence in the record as it relates to each of the applicable criteria. The Staff Report, although it expresses agreement with the Applicants in many places, does not make a final recommendation. Instead, the Staff Report asks the Hearings Officer to determine if the Applicants have met the burden of proof necessary to justify the Plan 3 247-22-000792-PA, 793-ZC Amendment and the Zone Change. Comments have challenged some specific evidence or findings presented in the Staff Report. Where the staff legal finding have been challenged, those will be addressed below. There is only one area that challenges the factual finding and will be addressed here. For those factual and legal findings that are not challenged, I hereby adopt as fact the evidentiary findings in the Staff Report as my evidentiary findings. To the extent any of the findings in this Recommendation conflict with the findings in the Staff Report, my intent is to have these findings control. The remainder of this Recommendation sets forth the legal criteria and adopts legal findings based on those factual findings. The factual finding that is challenged by COWL is the determination of the soils report provided by the applicant. Although there is also a legal aspect to this challenge as COWL believes that the County's NRCS maps should prevail over the applicant's soil study (which will be addressed subsequently), a primary factual challenge is the make up of the soil. COWL's testimony is that the soil is predominantly Class 3-6. Macbeth COLW Public Comment 2/28/23. The Applicant's soil study finds that the property is predominantly Class 7-8 (hereinafter, except for quotes, I will use the Arabic numerals instead or Roman for ease of reading). The Hearings Officer finds that the expert testimony provided by the applicant concerning soils along with staffs analysis of Applicants submittal is more persuasive than the testimony provided by Ms. Macbeth. 2022-09-30 App Materials 22-792-PA, 793-ZC Page 176, Ms. Macbeth relies on the more general NRCS studies and the applicant's study is more detailed. The applicant has met the burden of proof that the soil is predominantly class 7-8 and is not predominantly class 3-6. Title 18 of the Deschutes County Code, County Zoning Chapter 18.136, Amendments Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The Applicants are the owners of the Subject Property and have requested a quasi-judicial Plan Amendment and filed applications for that purpose, together with the request for a Zone Change. No participant to this proceeding objects to this process. It is therefore appropriate to review the Application using the applicable procedures contained in Title 22 of the Deschutes County Code. Section 18.136.020, Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: El 247-22-000792-PA, 793-ZC A. That the change conforms with the Comprehensive Plan, and the change is consistent with the plan's introductory statement and goals. FINDING: According to the Applicants, the County applies this Code provision by considering whether: (1) the zone change conforms to the Comprehensive Plan; and (2) the change is consistent with the Comprehensive Plan's introduction statement and goals. With respect to the first factor, the Applicants note that they are also seeking a Plan Amendment, which will change the Comprehensive Plan designation of the Subject Property from Agriculture to Rural Residential Exception Area. If that Plan Amendment is approved, which is addressed in more detail below, the proposed change from the EFU zone to the MUA-10 zone will be consistent with the new Comprehensive Plan designation. No participant to this proceeding disputes that conclusion. With respect to the second factor, the Staff report goes into detail describing the criteria which the hearings officer has to apply relying on past Hearing Officers decision on a similar application. Powell/Ramsey decision (PA-14-2 / ZC-14-2) and Landholdings Decision (247-16-000317-ZC / 318- PA). The staff report states that "introductory statement and goals are not approval criteria for the proposed plan amendment and zone change." The Hearings Officer adopts the Applicant's statement and the staff report's legal analysis on the standards that apply. The staff report then proceeds to address the relevant requirements. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: Only the Applicants and Staff offer any evidence or argument with respect to the purpose of the MUA-10 zone. The purpose of the MUA-10 zoning district is stated in DCC 18.32.010 as follows: The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area, to preserve and maintain agricultural lands not suited to fulltime commercial farming for diversified or part-time agricultural uses, to conserve forest lands for forest uses, to conserve open spaces and protect natural and scenic resources, to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. According to the Applicants, the Subject Property is not suited to full-time commercial farming. The MUA-10 zone will instead allow the owners to engage in hobby farming, and the low -density of development allowed by the MUA-10 zone will conserve open spaces and protect natural and scenic resources. As a result, the MUA-10 zoning provides a proper transition zone from city, to rural, to 5 247-22-000792-PA, 793-ZC EFU zoning. Additionally, the staff report finds that the maximum density of the approximately 40.0- acre property is 7 lots, if developed with a cluster development under Title 18. This low density will preserve open space, allow owners to engage in hobby farming, if desired, and preserve natural and scenic resources and maintain or improve the quality of air, water, and land resources. The MUM 0 zoning provides a proper transition zone from the City, to rural zoning, to EFU zoning. The Staff Report agrees that the change in classification is consistent with the purpose and intent of the MUA10 Zone, and no participant to this proceeding disputes that conclusion. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 1. The availability and efficiency of providing necessary public services and facilities. FINDING: As noted in the Staff Report, this criterion specifically asks if the Zone Change will presently serve public health, safety, and welfare. The Applicants and the Staff Report provided the following as support for why this criterion is met: • Necessary public facilities and services are available to serve the Subject Property including power and water. • Transportation access to the Subject Property is available off a Rastovich Road, and the impact of increased traffic on the transportation system is negligible. • The Subject property receive police services from the Deschutes County Sheriff and fire service from Rural Fire Protection District # 2, which has a fire station two miles from the Subject Property. • The close proximity of the Subject property to urban development will allow for efficient service provision. • Prior to development of the properties, the Applicants would be required to comply with the applicable requirements of the Code, including possible land use permit, building permit, and sewage disposal permit processes. Through these development review processes, assurance of adequate public services and facilities will be verified. Staff concludes and the Hearings Officer finds that there are no known deficiencies in public services or facilities that would negatively impact public health, safety, or welfare. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. 2. The impacts on surroundingland use will be consistent with the specificgoals and policies contained within the Comprehensive Plan. FINDING: Only the Applicants and Staff offer any evidence or argument with respect to this criterion. Specifically, the Applicants noted the following: 247-22-000792-PA, 793-ZC The MUA-10 zoning is consistent with the specific goals and policies in the comprehensive plan discussed above. The MUA-10 zoning is the same as the zoning of many other properties in the area west and south of the subject property. In addition, the MUA-10 zoning provides a proper transition zone from the City, to rural zoning, to EFU zoning. The zone change will not impose new impacts on the EFU-zoned land adjacent to the subject property because many of those properties are residential properties, hobby farms, already developed with dwellings, not engaged in commercial farm use, are idle, or are otherwise not suited for farm use due to soil conditions, topography, or ability to make a profit farming. Some of the properties adjacent and near the subject property are in small, hobby farm use and are receiving farm tax deferral. Tax Lots 1100, 100, 301, and 200 are adjacent to the east and southwest and are in common ownership and part of Rastovich Farm. Most of the Rastovich properties are receiving farm tax deferral and are being used for raising livestock. One of the Rastovich parcels adjacent to the subject property is a nonfarm parcel developed with a nonfarm dwelling. Submitted herewith as Exhibit 12 is a letter from Robert and Colleen Rastovich stating they have no objection to the requested zone change and attesting to the fact that the subject property is not intermingled and is not necessary or useful to them for any farming on the Rastovich parcels. The adjacent properties to the north and northeast, Tax Lots 101, 102, 1101, are currently receiving farm tax deferral and appear to be used as residential properties with hobby farms. Attached hereto as Exhibit 13 are letters from David Nader, owner of Tax lot 101 adjacent to the north of the subject property and Steve and Keri Sawyer, owners of Tax lot 1101 adjacent to the northeast of the subject property stating they have no objection to the requested zone change and attesting to the fact that the subject property is not intermingled and is not necessary or useful to them for any farming occurring on their parcels. These properties will not suffer new impacts from the proposed zone change because they are hobby farms, already developed with dwellings, not engaged in commercial farm use, and are smaller size than the subject property. The zone change would allow the subject property to be divided into parcels similar size to the adjacent properties to the north and be used for similar hobby farming uses. As discussed below, the subject property is not agricultural land, is comprised of predominantly Class 7 and 8 soils, and as described by the soil scientist, Mr. Gallagher, the nonproductive soils on the subject property make it not suitable for commercial farming or livestock grazing. The subject property is not land that could be used in conjunction with the adjacent property and any future development of the subject property would be subject to building setbacks. The Staff Report agrees that the Applicants have demonstrated the impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. VA 247-22-000792-PA, 793-ZC D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. FINDING: Only the Applicants offer any evidence or argument with respect to this criterion. According to the Applicants, a mistake in zoning was made and the EFU zoning designation on the Subject property was likely based on the best soils data that was available to the County at the time it was originally zoned, during the late 1970's, when the Comprehensive Plan and Map were first adopted. The Applicants also assert that there has been a change in circumstances since that time. Specifically, the Applicants note that there are new data regarding soils on the Subject Property and that the updated soils report shows the Subject Property do not have agricultural soils. The Applicants also assert that the economics of farming and the viability of commercial farm uses in Deschutes County have significantly changed, and farming for a profit has become increasingly difficult. The applicant also notes the encroachment of the urban area to the Subject Property. Although the Hearings Officer agrees with the applicant that the urban area is encroaching on this property, he does not find that this encroachment would be a change in circumstance that should be considered as any such plan change would further create encroachment for other properties. Staff finds that "[i]t is unclear to staff why the Subject Property was initially zoned EFU. Staff is unaware of any evidence such as soil classification, availability of irrigation, or historic farming, which explains its current zoning." Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. Deschutes County Comprehensive Plan Chapter 2, Resource Management FINDING: Chapter 2 of the Comprehensive Plan relates to Resource Management. Section 2.2 of that Chapter relates specifically to Agricultural Lands. The Applicants and Staff have identified the following goals and policies as relevant to the Application. Section 2.2 Agricultural Lands Goal 1, Preserve and maintain agricultural lands and the agricultural industry. FINDING: According to the Applicants, they are pursuing the Plan Amendment and Zone Change because the Subject Property do not constitute "agricultural lands", and therefore, it is not necessary to preserve or maintain the Subject Property as such. In support of that conclusion, the Applicants rely on a soils report showing the Subject Property consist predominantly (58.5%) of Class 7 and 8 nonagricultural soils. Such soils have severe limitations for agricultural use as well as low soil fertility, shallow and very shallow soils, abundant rock outcrops, low available water capacity, and major management limitations for livestock grazing. The Staff Report notes the property has 5 acres of water rights. The fact that the property has some water rights and that the soils are only 58% class 7 and 8 makes this decision more difficult. It is E'? 247-22-000792-PA, 793-ZC likely that many properties in Deschutes County are used for farming, particularly hobby farming, have worse soil conditions. However, the majority of the soils are predominantly class 7 and 8. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Policy2.2.2 Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. FINDING: The Applicants have not asked to amend the subzone that applies to the Subject Property. Instead, the Applicants requested a change under Policy 2.2.3 and have provided evidence to support rezoning the Subject Property as MUM 0. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Policy 2.2.3 Allow comprehensive plan and zoning map amendments, including for those that qualify as non -resource land, for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. FINDING: The Applicants request approval of the Plan Amendment and Zone Change to re- designate the Subject Property from Agricultural to Rural Residential Exception Area and rezone the Subject Property from EFU to MUM 0. The Applicants do not seek an exception to Goal 3 for that purpose, but rather seek to demonstrate that the Subject Property does not meet the state definition of "Agricultural Land" as defined in Statewide Planning Goal 3 (OAR 660-033-0020). In support of this approach, the Applicants rely in part on the Land Use Board of Appeals' decision in Wetherell v. Douglas County, 52 Or LUBA 677 (2006), where LUBA states as follows: As we explained in DLCD v. Klamath County, 16 Or LUBA 817, 820 (1988), there are two ways a county can justify a decision to allow nonresource use of land previously designated and zoned for farm use or forest uses. One is to take an exception to Goal 3 (Agricultural Lands) and Goal 4 (Forest Lands). The other is to adopt findings which demonstrate the land does not qualify either as forest lands or agricultural lands under the statewide planning goals. When a county pursues the latter option, it must demonstrate that despite the prior resource plan and zoning designation, neither Goal 3 or Goal 4 applies to the property. The Applicants assert that the facts presented in the Application are sufficiently similar to those in the Wetherell decision and in other Deschutes County plan amendment and zone change applications. The Staff Report agrees and concludes the Applicants have the potential to prove the Subject Property is not agricultural land and do not require an exception to Goal 3 under state law. 9 247-22-000792-PA, 793-ZC The opposition letter submitted by Ms. Kesner from 1000 Friends argues that the applicant did not adequately address the agricultural land factors in the rule. This argument will be addressed specifically under OAR 660-033-0020. Based on the foregoing, I find that the Application is consistent with this portion of the Comprehensive Plan. Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. FINDING: The Applicants assert this plan policy provides direction to Deschutes County to develop new policies to provide clarity when EFU parcels can be converted to other designations and that the Application is consistent with this policy. The Staff Report also concludes the proposal is consistent with this policy. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Goal 3, Ensure Exclusive Farm Use policies, classifications and codes are consistent with local and emerging agricultural conditions and markets. Policy 2.2.13 Identify and retain accurately designated agricultural lands. FINDING: The Applicants assert that this Comprehensive Plan policy requires the County to identify and retain agricultural lands that are accurately designated. The Applicants propose that the Subject Property was not accurately designated as demonstrated by the soil study in the record. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Section 2.5, Water Resources Policies FINDING: Section 2.5 of Comprehensive Plan Chapter 2 relates specifically to Water Resource Policies. The Applicants and Staff have identified the following goal and policy in that section as relevant to the Application. Goal 6, Coordinate land use and water policies. Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. FINDING: The Applicants and Staff assert that the Applicants are not required to address water impacts associated with development because they have not proposed a specific development application at this time. Instead, the Applicants will be required to address this criterion during 10 247-22-000792-PA, 793-ZC development of the Subject Property, which would be reviewed under any necessary land use process for the site. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Section 2.7, Open Spaces, Scenic Views and Sites FINDING: Section 2.7 of Comprehensive Plan Chapter 2 relates specifically to Open Spaces, Scenic Views and Sites. The Applicants and Staff have identified the following goal and policies in that section as relevant to the Application. Goal 1, Coordinate with property owners to ensure protection of significant open spaces and scenic view and sites. Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces of Bend and Redmond or lands that are visually prominent. Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. FINDING: The Applicants assert these policies are fulfilled by the County's Goal 5 program. The County protects scenic views and sites along major rivers and roadways by imposing Landscape Management (LM) Combining Zones to adjacent properties. Because there is no LM combining zone applicable to the Subject Property, the Subject Property is not identified as a Goal 5 resource, and no new development is proposed, the Applicants argue there is no applicable regulation that requires the Subject Property to be protected as open space or for scenic views. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Chapter 3, Rural Growth Section 3.2, Rural Development FINDING: Chapter 3 of the Comprehensive Plan relates to Rural Growth. Within that chapter, Section 3.2 relates specifically to Rural Development. The Applicants and Staff have identified the following language in that section as relevant to the Application. Growth Potential As of 2010, the strong population growth of the last decade in Deschutes County was thought to have leveled off due to the economic recession. Besides flatter growth patterns, changes to State regulations opened up additional opportunities for new rural 11 247-22-000792-PA, 793-ZC development. The following list identifies general categories for creating new residential lots, all of which are subject to specific State regulations. • 2009 legislation permits a new analysis of agricultural designated lands • Exceptions can be granted from the Statewide Planning Goals • Some farm lands with poor soils that are adjacent to rural residential uses can be rezoned as rural residential FINDING: This section of the Comprehensive Plan does not contain Goals or Policies but does provide the guidance above. In response to this section, the Applicant provided the following response in the burden of proof: The above part of the plan is not a plan policy and is not an applicable approval criterion but rather an explanation of how the County calculated expected growth. As shown above, the County's Comprehensive Plan provisions anticipate the need for additional rural residential lots as the region continues to grow. This includes providing a mechanism to rezone farm lands with poor soils to a rural residential zoning designation. While this rezone application does not include the creation of new residential lots, the applicant has demonstrated the subject property is comprised of poor soils that are adjacent to rural residential, MUA-10 zone, uses to the west as well as near rural residential, RR-10 zone and MUA-10 zone, uses to the south and is near (within 1 mile) of the City limits of Bend to the west and even closer to the Stevens Road Tract, which will be brought inside the UGB pursuant to HB 3318. Rezoning the subject property to MUA-10 is consistent with this criterion, as it will provide for an orderly and efficient transition from the Bend Urban Growth Boundary to rural and agricultural lands. Additionally, it will link the non -productive lands of the subject property with existing residential development and street systems to the west, furthering the creation a buffer of MUA- 10 zoned land along the City's eastern boundary where the quality of soils are poor and the land is not conducive for commercial agriculture. Staff noted that the MUA-10 zone is a rural residential zone and as discussed in the Basic Findings section, there are several nearby properties to the north and northeast that are zoned MUA-10 as well as nearby EFU zoned properties developed with residential uses. Staff noted this policy references the soil quality, which staff has discussed above. Staff agreed with the Applicant's response and finds the proposal complies with this policy. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Section 3.3, Rural Housing Rural Residential Exception Areas In Deschutes County most rural lands are designated for farms, forests or other resources and protected as described in the Resource Management chapter of this Plan. The majority of the land not recognized as resource lands or Unincorporated Community is designated 12 247-22-000792-PA, 793-ZC Rural Residential Exception Area. The County had to follow a process under Statewide Goal 2 to explain why these lands did not warrant farm or forest zoning. The major determinant was that many of these lands were platted for residential use before Statewide Planning was adopted. In 1979 the County assessed that there were over 17,000 undeveloped Rural Residential Exception Area parcels, enough to meet anticipated demand for new rural housing. As of 2010 any new Rural Residential Exception Areas need to be justified through initiating a nonresource plan amendment and zone change by demonstrating the property does not meet the definition of agricultural or forest land, or taking exceptions to farm, forest, public facilities and services and urbanization regulations, and follow guidelines set out in the OAR. FINDING: Prior Hearings Officer's decisions have found that Section 3.3 is not a plan policy or directive. PA-1 1-1 7/ZC-1 1-2; 247-16-000317-ZC/318-PA; 247-18-000485-PA/486-ZC. I hereby adopt the findings in the staff report for this criterion. Based on the above, the Hearings Officer agrees with the past Deschutes County Hearings Officer interpretations and with the staff interpretation and finds that the above language is not a policy and does not require an exception to the applicable Statewide Planning Goal 3. Staff finds the proposed RREA plan designation is the appropriate plan designation to apply to the Subject Property. In the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Section 3.7, Transportation FINDING: Section 3.7 of Comprehensive Plan Chapter 3 relates specifically to Transportation. The Applicants and Staff have identified the following goal and policy in that section as relevant to the Application. Appendix C - Transportation System Plan ARTERIAL AND COLLECTOR ROAD PLAN Goal 4. Establish a transportation system, supportive of a geographically distributed and diversified economic base, while also providing a safe, efficient network for residential mobility and tourism. Policy 4.4 Deschutes County shall consider roadway function, classification and capacity as criteria for plan map amendments and zone changes. This shall assure that proposed land uses do not exceed the planned capacity of the transportation system. FINDING: The Applicants and the Staff Report assert this policy advises the County to consider the roadway function, classification and capacity as criteria for Comprehensive Plan amendments and zone changes. Compliance with OAR 660-012, also known as the Transportation Planning Rule (TPR), 13 247-22-000792-PA, 793-ZC is described below in subsequent findings, and the Applicants and Staff assert that such compliance is sufficient to demonstrate compliance with these transportation goals and policies. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. OREGON ADMINISTRATIVE RULES CHAPTER 660, LAND CONSERVATION AND DEVELOPMENT DEPARTMENT FINDING: The Applicants and the Staff Report identify several administrative rules as potentially applicable to the Application. Division 6, Goal 4 - Forest Lands OAR 660-006-0005 (7) "Forest lands" as defined in Goal 4 are those lands acknowledged as forest lands, or, in the case of a plan amendment, forest lands shall include: (a) Lands that are suitable for commercial forest uses, including adjacent or nearby lands which are necessary to permit forest operations or practices, and (b) Other forested lands that maintain soil, air, water and fish and wildlife resources. FINDING: The Applicants and the Staff Report assert that the Subject Property does not appear to qualify as forest land and, therefore, the administrative rules relating to forest land are not applicable. The Subject Property is not zoned for forest lands, nor are any of the Subject Property within a 3-mile radius of forest lands. The Subject Property does not contain merchantable tree species and there is no evidence in the record that the Subject Property has been employed for forestry uses historically. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with these administrative rules. Division 33 - Agricultural Lands & Statewide Planning Goal 3 - Agricultural Lands; OAR 660-015-0000(3) To preserve and maintain agricultural lands. Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products, forest and open space and with the state's agricultural land use policy expressed in ORS 215.243 and 215.700. 14 247-22-000792-PA, 793-ZC FINDING: Goal 3 continues on to define "Agricultural Land," which is repeated in OAR 660-033- 0020(1). Staff makes findings on this topic below and incorporates those findings herein by reference. OAR 660-033-0020, Definitions For purposes of this division, the definitions in ORS 197.015, the Statewide Planning Goals, and OAR Chapter 660 shall apply. In addition, the following definitions shall apply. (1)(a) "Agricultural Land" as defined in Goal includes: (A) Lands classified by the U.S. Natural Resources Conservation Service (NRCS) as predominantly Class I -IV soils in Western Oregon and I -VI soils in Eastern Oregon]; FINDING: The Applicant's basis for not requesting an exception to Goal 3 is based on the premise that the Subject Property is not defined as "Agricultural Land." In support, the Applicant offers the following response as included in the submitted burden of proof statement: ORS 215.211 grants a property owner the right to rely on more detailed information that provided by the NRCS Web Soil Survey of the NRCS to "assist the county to make a better determination of whether land qualifies as agricultural land."Statewide Goal 3, discussed above, and OAR 660-033- 0030(5) also allow the County to rely on the more detailed and accurate information by a higher order soil survey rather than information provided by the NRCS. The law requires that this survey use the NRCS soil classification system in conducting the survey, making it clear that the point of the survey is to provide better soil classification information than provided by the NRCS for use in making a proper decision whether land is or is not "Agricultural Land." The Subject Property is not properly classified as Agricultural Land and does not merit protection under Goal 3. The soils are predominately Class 7 and 8, as demonstrated by the site -specific soils assessment conducted by Mr. Gallagher, a certified soils scientist. State law, OAR 660-033-0030, allows the County to rely on for more accurate soils information, such as Mr. Gallagher's soil assessment. Mr. Gallagher found that approximately 58.5 percent of the soils on the Subject Property (approximately 23.4 acres) are Land Capability Class 7 and 8 soils that have severe limitations for farm use. He also found the site to have low soil fertility, shallow and very shallow soils, abundant rock outcrops, rock fragments on the soil surface, restrictive for livestock accessibility, and low available water holding capacity, all of which are considerations for the determination for suitability for farm use. Because the Subject Property is comprised predominantly of Class 7 and 8 soils, the property does not meet the definition of 'Agricultural Land" under OAR 660-033-020(1)(a)(A), listed above as having predominantly Class I -VI soils. Ms. Macbeth from COLW argued that applicant misconstrues this rule in its burden of proof statement. Ms. Macbeth finds fault with the applicant referring to OAR 660-033-0030 to provide ,'more accurate soils information." She argues that a "more detailed study is not more accurate". Page 2, February 28, 2023 testimony. Ms. Macbeth argues that the applicant's soil study cannot "change or replace the NRCS data...." 15 247-22-000792-PA, 793-ZC The applicants responded to this testimony in its February 28, 2023, submittal. Goal 3 specifically allows local governments to rely on more detailed soils data than provided by the NRCS. It says: "More detailed soil data to define agricultural land may be utilized by local governments if such data permits achievement of this goal." The purpose of Goal 3 is to preserve agricultural land. It is not intended to preserve land that does not meet the definition of "agricultural land." The applicants then argues that ORS 215.211(1) the legislature specifically provided the rights for applicants to provide more detailed soils information. The applicant argues that the rules support this finding: DLCD understands that the more detailed soils surveys allowed by Statewide Goal 3 and ORS 197.211 may be used in lieu of NRCS soils surveys. On its website, DLCD explains: "Soil mapping done by the USDA Natural Resources Conservation Service (NRCS) is the most common tool used for identifying the types of soils in an area. The NRCS provides a rating for each soil type that indicates how suited the soil is for agriculture. *** NRCS does not have the ability to map each parcel of land, so it looks to larger areas. This means that the map may miss a pocket of different soils. DLCD has a process landowners can use to challenge NRCS soils information on a specific property. Owners who believe soil on their property has been incorrectly mapped may retain a 'professional soil classifier ... certified by and in good standing with the Soil Science Society of America ' *** through a process administered by DLCD. This soils professional can conduct an assessment that may result in a change of the allowable uses for the property." I find that the applicant's argument is more convincing. That statutes and the rules and the DLCD's interpretation of their rules allow applicants to submit more detailed soils information which can be used to determine whether the property meets the definition of "agricultural lands." See following sections. Staff reviewed the soil study provided by Andy Gallagher of Red Hill Soils (dated September 26, 2022) and agree with the Applicant's representation of the data for the Subject Property. Staff found that based on the submitted soil study and the above OAR definition, that the Subject Property is comprised predominantly of Class 7 and 8 soils and, therefore, does not constitute "Agricultural Lands" as defined in OAR 660-033-0020(1)(a)(A) above. Based on the foregoing, I find that the Subject Property should not be considered agricultural land under this part of the administrative rules. (B) Land in other soil classes that is suitable for farm use as defined in ORS 215.203(2)(a), taking into consideration soil fertility; suitability for grazing; 16 247-22-000792-PA, 793-ZC climatic conditions, existing and future availability of water for farm irrigation purposes, existing land use patterns; technological and energy inputs required, and accepted farming practices, and FINDING: According to the Applicants, this part of the definition of "Agricultural Land" requires the County to consider whether the Class 7 and 8 soils found on the Subject Property are suitable for farm use despite their Class 7 and 8 soil classification. The Applicants rely on a decision by the Oregon Supreme Court that determined the term "farm use" as used in this rule and Goal 3 means the current employment of land for the primary purpose of obtaining a profit in money through specific farming -related endeavors.' Applying that definition, the Applicants describe various limitations on the ability of the Subject Property to support farm uses, including, among other factors, a limited water rights and low soil fertility. Applicant argues that these factors demonstrate that the property is not agricultural land. Mr. Kesner from 1000 Friends of Oregon argues in its February 28t" submittal that: The applicant's analysis as to whether the property is agricultural land as defined by DC 18.04.030 and OAR 660-033-0020(1)(a) is faulty in several ways. First, the applicant fails to demonstrate that the property is not suitable for any'farm use" as defined under ORS 215.203(2)(a). See OAR 660- 033-0020(1)(a)(B) (agricultural land includes "[1jand in other soil (soil) classes that is suitable for farm use as defined in ORS 215.203(2)(a)). "Farm use" is defined as "current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur -bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof." ORS 215.203(2)(a). The applicant has only addressed capacity for raising crops and livestock, and has not considered the capability of the land to support other activities classified as a 'farm use." Mr. Kesner makes an interesting argument here that the applicant and the County must consider other farm uses such poultry, fur -bearing animals or honeybees etc. in making the determination of whether the property is agricultural land. Mr. Kesner would require a review of the general definition of "farm use" found in the statute for the determination of whether the property is "agricultural land." I find that Mr. Kesner's interpretation is not persuasive. The legislature would not have adopted ORS 215.211 and allowed a county to consider more detailed soils information "to make a better determination of whether land qualifies as agricultural land..." if they also had to consider whether the applicants could raise bees etc.. The rules also specifically allow for the consideration of soil types in determining "agricultural land". This statute and the rules implementing it all lead to my conclusion that this additional analysis of whether the property must meet the broad definition of agricultural in ORS 205.203(2)(a) is not required. 1 Wetherell v. Douglas County, 342 Or 666,160 P3d 614 (2007). 17 247-22-000792-PA, 793-ZC Mr. Kesner also argues that since the property has a significant amount of class 3-6 soils and that there are manyfarms in Deschutes County that operate with much smaller acreage than the Subject Property. Mr Kesner argues that this demonstrates that these small farms are "an accepted and predominant farm practice in Deschutes County." This is also an interesting argument. However, under the statute and administrative rules the County is examining whether this property is "agricultural land" based on its soils and other factors. I find that based on the above -described law as applied to soils types and the other factors described in the staff report, that the property is not property classified as "agricultural land." Staff agrees with the Applicant that many of the factors surrounding the Subject Property - such as nearby residential and non-agricultural related land uses, high -cost of dryland grazing, soil fertility, and lack of availability of water rights result in an extremely low possibility of farming on the Subject Property. Based on the foregoing, I find that the Subject Property should not be considered agricultural land and is not suitable for farming under this part of the administrative rules. (C) Land that is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands. FINDING: The staff report found that the Applicant provided an analysis of land uses and agricultural operations surrounding the Subject Property. The Applicant analysis determined that barriers for the Subject Property to engage with these properties in a farm use include: poor quality soils, lack of irrigation, proximity and significant topography changes. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Subject Property is not necessary to permit farm practices to be undertaken on adjacent or nearby agricultural land under this part of the administrative rules. (b) Land in capability classes other than I-IV/I-VI that is adjacent to or intermingled with lands in capability classes I-IVfI-VI within a farm unit, shall be inventoried as agricultural lands even though this land may not be cropped or grazed, FINDING: Staff report agrees with the Applicant's findings that this property is not part of a farm unit with the surrounding agricultural lands. The staff report include the applicant's response to arguments from 1000 Friends as to the Farm Unit rule. Goal 3 applies a predominant soil type test to determine if a property is "agricultural land." If a majority of the soils are Class 1-6 in Central or Eastern Oregon, it must be classified "agricultural land." 1000 Friends position is that this is a 100% Class 7-8 soils test rather than a 51 % Class 7 and 8 soils test because the presence of any Class 1-6 soil requires the County to identify the entire property as "agricultural land." Case law indicates that the Class 1-6 soil test applies to a subject 247-22-000792-PA, 793-ZC property proposed for a non-agricultural plan designation while the farm unit rule looks out beyond the boundaries of the subject property to consider how the subject property relates to lands in active farming in the area that was once a part of the area proposed for rezoning. It is not a test which requires that 100916 of soils on a subject property be Class 1-6. I find that the applicant's argument is more persuasive. The law allows for land that is not predominantly class 1-6 soils to not be considered agricultural lands. As such, it makes sense that the test under the farm unit rule would not require property to be 100% class 7-8 soils to meet this test. The applicants also argue: The farm unit rule is written to preserve large farming operations in a block. It does this by preventing property owners from dividing farmland into smaller properties that, alone, do not meet the definition of "agricultural land." The subject property is not formerly part of a larger area of land that is or was used for farming operations and was then divided to isolate poor soils so that land could be removed from EFU zoning. As demonstrated by the historic use patterns and soils reports, it does not have poor soils adjacent to or intermingled with good soils within a farm unit. The subject property is not in farm use and has not been in farm use of any kind. It has no history of commercial farm use and contains soils that make the property generally unsuitable for farm use as the term is defined by State law. It is not a part of a farm unit with other land. I agree with the applicant that the property was not formerly part of a larger area of land that was used for farming operations. As such, I find that the application complies with this part of the administrative rules. OAR 660-033-0030, Identifying Agricultural Land (1) All land defined as "agricultural land" in OAR 660-033-0020(1) shall be inventoried as agricultural land. (2) When a jurisdiction determines the predominant soil capability classification of a lot or parcel it need only look to the land within the lot or parcel being inventoried. However, whether land is "suitable for farm use" requires an inquiry into factors beyond the mere identification of scientific soil classifications. The factors are listed in the definition of agricultural land set forth at OAR 660-033-0020(1)(a)(8). This inquiry requires the consideration of conditions existing outside the lot or parcel being inventoried. Even if a lot or parcel is not predominantly Class I -IV soils or suitable for farm use, Goal 3 nonetheless defines as agricultural "lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands". A determination that a lot or parcel is not agricultural land requires findings supported by substantial evidence that addresses each of the factors set forth in 660-033-0020(1). FINDING: The Applicant addressed the factors in OAR 660-033-0020(1) above. I find that the properties are not "agricultural land," as referenced in OAR 660-033-0030(1) above and contain barriers for farm use including poor quality soils and lack of irrigation as described in the soil study produced by Mr. Gallagher. I also find that the Applicant has provided adequate responses 247-22-000792-PA, 793-ZC indicating the Subject Property is not necessary to permit farm practices undertaken on adjacent and nearby lands. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the administrative rules do not require the Subject Property to be inventoried as agricultural land. (3) Goa13 attaches no significance to the ownership of a lot or parcel when determining whether it is agricultural land. Nearby or adjacent land, regardless of ownership, shall be examined to the extent that a lot or parcel is either "suitable for farm use" or "necessary to permit farm practices to be undertaken on adjacent or nearby lands" outside the lot or parcel. FINDING: As concluded in other findings above, the Subject Property is not suitable for farm use and are not necessary to permit farm practices to be undertaken on adjacent or nearby lands. The ownership of the Subject Property is therefore not being used as a factor to determine whether the Subject Property is agricultural land. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this part of the administrative rules. (5)(a) More detailed data on soil capability than is contained in the USDA Natural Resources Conservation Service (NRCS) soil maps and soil surveys may be used to define agricultural land. However, the more detailed soils data shall be related to the NRCS land capability classification system. (b) if a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the NRCS as of January 2, 201Z would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the department arrange for an assessment of the capability of the land by a professional soil classifier who is chosen by the person, using the process described in OAR 660-033-0045. FINDING: Mr. Gallagher's soil study concludes that the Subject Property contains 58 percent Class 7 and 8 soils. The submitted soil study prepared by Mr. Gallagher is accompanied in the submitted application materials by correspondence from the Department of Land Conservation and Development (DLCD). The DLCD correspondence confirms that Mr. Gallagher's prepared soil study is complete and consistent with the reporting requirements for agricultural soils capability as dictated by DLCD. Based on Mr. Gallagher's qualifications as a certified Soil Scientist and Soil Classifier, the staff found the submitted soil study to be definitive and accurate in terms of site - specific soil information for the Subject Property. I find that the Applicants have elected to provide a more detailed agricultural soil assessment, conducted by Mr. Gallagher, a Certified Professional Soil Scientist approved by the Department of Land Conservation and Development. The analysis under section OAR 660-033-0020(1)(a), above, also applies here to address the comments by COWL. Based on the undisputed facts in that report, the Subject Property do not qualify as "agricultural land." Kell 247-22-000792-PA, 793-ZC (c) This section and OAR 660-033-0045 apply to: (A) A change to the designation of land planned and zoned for exclusive farm use, forest use or mixed farm forest use to a non -resource plan designation and zone on the basis that such land is not agricultural land, and FINDING: I find that this administrative rule does not establish a particular standard and simply confirms when this section of the administrative rules applies. (d) This section and OAR 660-033-0045 implement ORS 215.211, effective on October 1, 2011. After this date, only those soils assessments certified by the department under section (9) of this rule may be considered by local governments in land use proceedings described in subsection (c) of this section. However, a local government may consider soils assessments that have been completed and submitted prior to October 1, 2011. FINDING: The Applicant submitted a soil study by Mr. Gallagher of Red Hill Soils dated September 26, 2022. The soils study was submitted following the ORS 215.211 effective date. The Applicant submitted to the record an acknowledgement from Hilary Foote, Farm/Forest Specialist with the DLCD, dated October 27, 2022, that the soil study is complete and consistent with DLCD's reporting requirements. Staff found this criterion to be met based on the submitted soil study and confirmation of completeness and consistency from DLCD Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this part of the administrative rules. DIVISION 12, TRANSPORTATION PLANNING OAR 660-012-0060 Plan and Land use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan), (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand 21 247-22-000792-PA, 793-ZC management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. FINDING: This above language is applicable to the proposal because it involves an amendment to an acknowledged comprehensive plan. The proposed plan amendment would change the designation of the Subject Property from AG to RREA and change the zone from EFU to MUA-10. The Applicant is not proposing any land use development of the properties at this time. As referenced in the staff report, the Senior Transportation Planner for Deschutes County requested additional information to clarify the conclusions provided in the traffic study. The Applicant submitted an updated report from Joe Bessman, PE of Transight Consulting, LLC dated January 3, 2023, to address trip distribution, traffic volumes, and Transportation Planning Rule (TPR) criteria. The updates were reviewed by the Senior Transportation Planner who indicated his concerns were satisfied with the amended report. Mr. Bessman includes the following conclusions in the traffic impact analysis dated January 3, 2023: • Rezoning of the 40-acre property from EFU-TRB to MUA provides nearly identical potential impacts as the existing zoning, with the potential for a reduction in weekday daily and weekday p.m. peak hour trips, even with inclusion of the conditionally allowed uses within the MUA zoning. • With a comparative assessment of outright allowable uses the rezone reduces the trip generation of the property in comparison to what could be built within the EFU zoning. • The lack of a change in trip generation potential trip generation potential between reasonable build -out scenarios does not meet Deschutes County, ODOT, or City of Bend thresholds of significance at any nearby locations. • Comparison of the maximum outright development in the MUA zoning to the single existing home would only show seven additional weekday p.m. peak hour trips and 66 additional weekday daily trips. • Operational analysis shows that the Stevens Road and Ward Road corridors remain within Deschutes County's performance thresholds using either the adopted 2030 TSP or values within the pending 2040 TSP Update. Based on the County Senior Transportation Planner's comments and the traffic study from Transight Consulting, LLC, staff found compliance with the Transportation Planning Rule had been effectively demonstrated. Based on the revised traffic study, staff believed that the proposed plan amendment and zone change would be consistent with the identified function, capacity, and performance standards of the County's transportation facilities in the area. 22 247-22-000792-PA, 793-ZC Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application satisfies this administrative rule. DIVISION 15, STATEWIDE PLANNING GOALS AND GUIDELINES OAR 660-015, Division 15, Statewide Planning Goals and Guidelines FINDING: Division 15 of OAR chapter 660 sets forth the Statewide Planning Goals and Guidelines, with which all comprehensive plan amendments must demonstrate compliance. The Applicants assert the Application is consistent with all applicable Goals and Guidelines, which no participant to this proceeding disputes. In light of the foregoing, and in the absence of any counter evidence or argument, I adopt the Applicants' position and find that the Plan Amendment and Zone Change are consistent with the applicable Goals and Guidelines as follows: "Goal 1, Citizen Involvement. Deschutes County will provide notice of the application to the public through mailed notice to affected property owners and by requiring the Applicants to post a "proposed land use action sign" on the Subject Property. Notice of the Hearings held regarding this application was placed in the Bend Bulletin. A minimum of two public hearings will be held to consider the Application. Goal2, Land Use Planning. Goals, policies and processes related to zone change applications are included in the Deschutes County Comprehensive Plan and Titles 18 and 23 of the Deschutes County Code. The outcome of the Application will be based on findings of fact and conclusions of law related to the applicable provisions of those laws as required by Goal 2. Goal 3, Agricultural Lands. The Applicants have shown that the property is not agricultural land because it consists predominantly of Class 7 and 8 soils that are not suitable for farm use. Goal 4, Forest Lands. Goal 4 is not applicable because the Subject Property does not include any lands or soils that are zoned for, or that support, forest uses. Goal5, Natural Resources, Scenic and Historic Areas, and Open Spaces. The subject property does not contain any inventoried Goal 5 resources. Goal 6, Air, Water, and Land Resources Quality. The approval of this Application will not impact the quality of the air, water, and land resources of the County. Any future development of the Subject Property will be subject to applicable local, state, and federal regulations that protect these resources. Goal 7, Areas Subject to Natural Disasters and Hazards. According to the Deschutes County DIAL property information and Interactive Map, the entirety of Deschutes County, including the Subject Property, is located in a Wildfire Hazard Area. The Subject Property is also located in Rural Fire Protection District #2. Rezoning the property to MUA-10 does not change the Wildfire Hazard 23 247-22-000792-PA, 793-ZC Area designation. Any future development of the Subject Property will need to demonstrate compliance with any fire protection regulations and requirements of Deschutes County. Goal 8, Recreational Needs. Thisgoal is not applicable because no development is proposed and the Subject Property is not planned to meet the recreational needs of Deschutes County. Therefore, the proposed rezone will not impact the recreational needs of Deschutes County. Goal 9, Economy of the State. This goal is not applicable because the Subject Property is not designated as Goal 9 economic development land. In addition, the approval of this application will not adversely affect economic activities of the state or area. Goal 10, Housing. The County's comprehensive plan Goal 10 analysis anticipates that farm properties with poor soils, like the Subject Property, will be converted from EFU to MUA-10 or RR- 10 zoning and that these lands will help meet the need for rural housing. Approval of this Application, therefore, is consistent with Goal 10 as implemented by the acknowledged Deschutes County Comprehensive Plan. Goal 11, Public Facilities and Services. The approval of this Application will have no adverse impact on the provision of public facilities and services to the Subject Property. Pacific Power has confirmed that it has the capacity to serve the Subject Property and the proposal will not result in the extension of urban services to rural areas. Goal 12, Transportation. This application complies with the Transportation System Planning Rule, OAR 660-012-0060, the rule that implements Goal 12. Compliance with that rule also demonstrates compliance with Goal 12. Goal 13, Energy Conservation. The approval of this application does not impede energy conservation. The Subject Property is located within 1 mile from the city limits of Bend. If the property is developed with additional residential dwellings in the future, providing homes in this location as opposed to more remote rural locations will conserve energy needed for residents to travel to work, shopping and other essential services provided in the City of Bend. Goal 14, Urbanization. Staff found that this goal is not applicable because the Applicants' proposal does not involve property within an urban growth boundary and does not involve the urbanization of rural land. The MUA-10 zone is an acknowledged rural residential zoning district that limits the intensity and density of developments to rural levels. The compliance of this zone with Goal 14 was recently acknowledged when the County amended its Comprehensive Plan. The Comprehensive Plan recognizes the fact that the MUA-10 and RR zones are the zones that will be applied to lands designated Rural Residential Exception Areas. Mr. Kesner, 1000 Friends of Oregon, argues that the application does not adequately consider this goal or seek an exception. February 28, 2023, submittal. At the hearing, the applicant testified that the MUA-10 zone has been acknowledged to be in compliance with Goal 14. The staff concurred with that decision. 24 247-22-000792-PA, 793-ZC I find that this Goal is not applicable for the reasons above. Goals 15 through 19. These goals do not apply to land in Central Oregon." IV. CONCLUSIONS Based on the foregoing findings, I find the Applicants have met their burden of proof with respect to the standards for approving the requested Plan Amendment and Zone Change. I therefore recommend to the County Board of Commissioners that the Application be APPROVED. Dated this 17t" Day of March, 2023 Alan A. Rappleyea Deschutes County Hearings Officer 25 247-22-000792-PA, 793-ZC REQUEST TO SPEAK N Al Pi h-man aaaress In Favor Neutral/Undecided Opposed Submittingwrittendocuments as part of testimony? Yes 19 No _ If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS E S COG2� MEETING DATE: May 31, 2023 SUBJECT: Deliberations: 4Peaks 2024 Outdoor Mass Gathering Permit RECOMMENDED MOTION: Move approval of Board Document 2023-368, adding reasonable conditions of approval if acceptable. BACKGROUND AND POLICY IMPLICATIONS: The Board will deliberate on May 31 st in relation to the request for an Outdoor Mass Gathering permit (file no. 247-22-000675-OMG) for the 4Peaks Music Festival in June of 2024. The event is proposed to include overnight camping, parking, and food and drink for an estimated 2,000 people. A public hearing was held on April 5, 2023 and the open record period associated with the request ended on April 19, 2023. The entirety of the record can be found on the project website at: https•//www.deschutes.org/cd/page/247-22-000675-omg-4peaks-outdoor-mass-gathering BUDGET IMPACTS: None. ATTENDANCE: Rachel Vickers, Associate Planner MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Rachel Vickers, Associate Planner DATE: May 31, 2023 SUBJECT: Deliberations - 4Peaks 2024 Outdoor Mass Gathering Permit The Board held a public hearing on April 5, 2023 to consider a request for an Outdoor Mass Gathering permit (file nos. 247-22-000675-OMG) for 4Peaks June 2024 event which will include overnight camping, parking, and food and drink for an estimated 2,000 people. The Board is scheduled to deliberate on May 31, 2023 in consideration of the request. I. BACKGROUND The applicant requests approval of an Outdoor Mass Gathering permit to allow a multi -day music festival in June of 2024. The event includes overnight camping, parking, and food and drink for an estimated 2,000 people. The property is approximately 150 acres in size and developed with a single- family dwelling and multiple accessory structures. The surrounding area consists of small scale farm and residential uses. Proposed location of the festival is at 21085 Knott Road (see attached Location Map). Staff notes that the festival received approval from 2016 through 2019 at the same location with similar proposals, and before 2016 at a property near Tumalo. Set up is scheduled to begin June 15, 2024 and tear down will be fully completed by June 24, 2024. The event will take place June 20, 2024 through June 23, 2024. At this time the proposal has been approved by the Environmental Health Division, Bend Fire Department, County Health Department, and the Deschutes County Sheriff's Office. The subject property has been divided into specific areas for the music festival. The main activity area is on the central portion of the subject property, which contains the stages, vendors, restrooms, water, first aid, trash and recycling collection, and basic operational aspects of the festival. The entrance to the festival is located on the northeast corner which includes the general admission vehicle lanes, ticket will call, day -use parking, and an area for authorized personnel. Other areas surrounding the main event to the south and southeast are designated as car and RV camping. The design layout includes separate vehicle and pedestrian access aisles and an emergency access road. The applicant has addressed in their proposal the requirements involving insurance, sanitary facilities, water supply, fire protection, medical services, public safety and enforcement, parking facilities, alcohol and dangerous drugs, and hours of operation. The Board held a public hearing on April 5, 2023 and initiated a 14-day open record period, which concluded April 19, 2023 at 4:00pm. II. OPEN RECORD PERIOD During the initial 7-day segment of the 14-day open record period, staff received 26 public comments and 3 agency comments. During the second 7-day segment of the open record period, staff received no comments from the applicant in regards to their final legal argument. The new evidence and testimony received during the open record contained 3 agency comments, 22 comments in support of the application, and 4 comments in opposition. The 3 agency comment from Bend Fire Department, Deschutes County Health Department, and Deschutes County Environmental Health Department confirmed their initial approval of the permit and stated they had no additional concerns. The 22 comments in support of the application did not directly relate to any approval criteria, but generally supported the event saying it was well managed, family friendly, and a great addition to the community. The 4 comments in opposition raised concerns regarding appropriateness of the location, impacts on wildlife and livestock, increased fire risk, security issues, traffic, noise, and enforcement of code violations. The applicant did not provide a response for their final legal argument. III. BOARD DELIBERATIONS On May 31, 2023, the Board will deliberate on the proposed Outdoor Mass Gathering Permit request. If the Board finds that additional deliberations are necessary, the Board may schedule a future date for continued deliberations. If the Board finds no additional deliberations are necessary, the Board may then vote on whether to approve or deny the Outdoor Mass Gathering request. The review of the proposed Outdoor Mass Gathering permit is not subject to the 150-day review period typically associated with land use decisions. The full record is available at the following link: https•//www deschutes.org/cd/page/247-22-000675-omg-4peaks-outdoor-mass-gathering Board Decision Matrix A more thorough review and discussion of the subject proposal's compliance with the applicable approval criteria and issues is provided in the associated Board Decision Matrix, prepared in conjunction with this deliberation memorandum. IV. NEXT STEPS Page 2 of 3 If the Board determines that additional deliberations are necessary, staff will work with the Board to schedule a future meeting for continued deliberations. If the Board concludes their deliberations during the May 31, 2023 meeting, the Board may then vote on whether to approve or deny the Outdoor Mass Gathering permit. V. SUGGESTED MOTION To the extent the Board decides to approve the Outdoor Mass Gathering permit, a motion as follows will likely be appropriate: The Board moves to approve Board Document No 2023-368 for file no. 247-22-000675-OMG. To the extent the Board decides to add reasonable conditions of approval to the Board Document, that motion will need to be crafted to address the Board's specific concerns, as discussed in the deliberations. ATTACHMENTS: 1) Area Map 2) Board Decision Matrix 3) Board Document 2023-368 Page 3 of 3 Script for BOCC Chair for 247-22-000792-PA, 793-ZC CHAIR: "This is the time and place set for a hearing regarding file number 247-22-000792-PA, 793-ZC. a request for a Comprehensive Plan Amendment to change the designation of the subject properties from Agriculture (AG) to Rural Residential Exception Area (RREA) and a corresponding Zone Change to rezone the subject properties from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). 2. CHAIR to CDD staff: "Staff will outline the hearing procedures that will be followed." 3. CDD STAFF informs the audience as follows: CDD Staff will go over Hearings Procedure 4. CDD STAFF: "A full written version of the hearing procedures is available at the table at the side of the room." 5. CDD STAFF: "Commissioner DeBone, I will now return to the script and note that the Commissioners must disclose any ex-parte contacts, prior hearing observations, biases, or conflicts of interest." 6. CHAIR: "Does any Commissioner have anything to disclose and, if so, please state the nature of same and whether you can proceed?" 7. BOARD: The hearings body discloses conflicts or ex-parte contacts and states whether they are withdrawing from the hearing or whether they intend to continue with the hearing. 8. CHAIR: "Does any party wish to challenge any Commissioner (member of the hearings body) based on ex-parte contacts, biases, or conflicts?" 9. CHAIR: "As no challenges are presented, prior to opening the hearing, does anyone have any procedural objections to the public hearing?" 10. CHAIR: "Seeing none, the hearing is now open. Staff will proceed with a brief staff report." CDD Staff will present the Staff Report Page 1 of 1 Decision Matrix: 247-22-000675-OMG 4Peaks 2024 Musical Festival v.,.. . . .»�. , ,.. ,v..✓. xi .,.r v.. n ., = yfrA.. ... s , ., l , ""3. > y . }L, 1 'a✓r,) fi , a ,i •:. W -=,, zf> .. . , =Xi .SK �'e .' ..z rU n -,.i, "� ,.. .,3. ,% a\.. S: ✓ .c' ..., .<, ..... ,.,. �'.> s.,, .,,.,,,,c.£CA .. w `rwr...-, ,r.. , .r., , sr � `�. a .��-�' ... �„ <. ,„ , . .. , c r .. ., ", .w,,.. .ti r w. ».., `>G, z.,=, `7 Z,S ....'-3,' .-,3 s. r s.. . .. E7',: _ " Y- .Z. ,.., ..: " �u> i -.'v WIN .. .. c ..M.. =.v`' ... .,., rc"- ., _ i., � <. ,.. � �. h,. ,. ..a „uc -., .5. .,t ,. r ., $ ..: 3•. ,�. I>�. .`� fi "� 5..> ,. �. ,�c ,rs:z. 2R, ..> . ,�, ,., ... �. ,..r3" ..�.. �,., �,, ,ram ,.� 's.. x .�. � ,y a._h, F us ,,.. ,......,� , , a..., s 2», _�', t`>'t�n . . ,�: - "rw• `�. 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S "�' <; �, \ . .. ,.,, ., o...< , , ,...,' c ,..i ,.,.:;:..,„r ,,�« v... t, a; „ a .s ,,. , ...r .P \ . ,��, � ..w :.. ,. , J t . � z• l dN . � , .. .. �:✓ ,. ✓. ,r. , .�-,.. ..-, , 6 c ,< n ".,,a o a.. `".,., z- Has the applicant demonstrated compliance with the • Allegations that at previous festivals, campers 0 While staff received 22 comments in support, 0 Event was approved by the County Health Department were setting up unlicensed food service none were specific to DCC 8.16.220 for compliance with DCC 8.16.220 food service control standards of DCC 8.16.220? operations at their camp sites • Food vendors will be licensed and permitted 14 • The Health Department stated they have received no A. If yes, include the suggested condition of days prior to the event complaints regarding unlicensed food service operators Food Service approval and continue reviewing the at the festival however they requested they be reported to their Department if there are in the future. application. DCC 8.16.220 0 A condition of approval has been added in the past (and B. If no, either: included in the proposed permit) that all licensed food 1. Modify the condition of approval to service providers shall apply to the County Health achieve compliance; or Department at least one week in advance of the event 2. Deny the application and continue reviewing other criteria. • Fire risk increases with large crowds While staff received 22 comments in support, The application was approved by Bend Fire Department Has the applicant demonstrated compliance with the • With limited points of ingress and egress, trying none were specific to DCC 8.16.230 for compliance with DCC 8.16.230 fire protection of DCC 8.16.230? to evacuate people in the event of emergency • Bend Fire Department has stated they have not had to A. If yes, include the suggested condition of would be difficult respond to any incidents at the 4Peaks event in the past • There don't seem to be fire measures to prevent 0 A condition of approval has been added in the past (and approval and continue reviewing the fires from spreading to neighboring properties included in the proposed permit) that the premises are application. inspected by the Bend Fire Department before the event B. If no, either: Fire Protection starts 1. Modify the condition of approval to 2 0 A condition of approval has been added in the past (and achieve compliance; or DCC 8.16.230 included in the proposed permit) that all fire 2. Deny the application and continue hydrants/sprinklers/other systems are readily visible and reviewing other criteria. unobstructed for a circumferential distance of 3 feet • A condition of approval has been added in the past (and included in the proposed permit) that all fire and emergency access roads have unobstructed access of 20 feet in width and13.5 feet of vertical clearance, and remain open at all times. • In previous years the parking area was not There will be 1 traffic control for every 250 9 The application was approved by the Deschutes County Has the applicant demonstrated compliance with the managed well, including an unclear pick up point persons in attendance (8 maximum) Sherrif 's Department for compliance with DCC 8.16.250 traffic control standards of DCC 8.16.250 for Uber and Lyft. • Traffic control personnel will be wearing safety • The applicant has stated there will be one traffic control A. If yes, include the suggested condition of • General concern over traffic congestion as vests person for each 250 persons in attendance attendees enter and exits the premises 0 Applicant has stated they have fixed the locational 0 No objections from the Deschutes County approval and continue reviewing the issues with Uber and Lyft Transportation Planner or Road Department were application. • Directional signs will be posted along the roadway received B. If no, either: Traffic Control as well as certified flaggers 0 A condition of approval has been added in the past (and 1. Modify the condition of approval to DCC 8.16.250 Separate lanes for general admission and included in the proposed permit) that a detailed traffic achieve compliance; or p authorized vehicles control Ian shall be submitted to the Deschutes Count P y 2. Deny the application and continue • Attendees are expected to arrive over multiple Transportation Planner and Road Department for review reviewing other criteria. . days to help mitigated traffic congestion • Call and ticketing center will be 500 feet down the entrance to help avoid congestion on Knott Road • Some public comments claimed traffic around the festival was not congested 247-22-000675-OMG Page 1 of 5 Decision Matrix: 247-22-000675-OMG 4Peaks 2024 Musical Festival e,.. , - .< J'. �'�. r �:,, , . ,„ ., .. , .,. .. ,. wr .... R'', q/ xl �:,a . .. rl ." R" 2 .> .. `1 „<t �' :.,,: c_ .'xa':, ,,c .aa. + E ...:,... em>,,,.. .ec < .. N ".,z. r�,...>, ., \ "`S,.`,., ,, i , `is ".2. ., ,<. t..:? .., '�. , .., �\. .. . , ., � ". S /- ,V - . .. S- o-, c•: , :. , „ , , rr .r,< „= vs... ,.,,' ....v. , ^_'` • - r.?zs`F' r.^a < 4a, 1 , >'r�' � � . F R. s,W rd, ,xaC J ^' :�i C .e 7 G ., - w.✓"C<, 2^,a,:.,,Y C0 - ,L.i U G" <^.:. T`l; ' ),. )-3'. - .0 � k ./a ' : S` ``:, e:,2. s E/•"^?�Y . tti �, .0 , , s . $ .�� , � x,� k > � :..?os'>m�., � �,., �•, $.. „rs' a "^fi' > �. , �zs ' 3 9> ' *1 .,'3... f � ✓ � `\. ' �"� . .. , < a ' 3r C . Z Q -,.. ` `n , _ 3.: ^ . .... , ., ,,. �.. ., ^ .,,. , .r t..e .> p _)>.,r„ , a a _. ... ..^`.. .. ,< \.>a+ . ?. .,z, 2 a'1 ... M "$ ;cr..,..., , v v, . a.. _. � ,. ,. .r✓ 4 -, . _„t' , � , �.. .� „.. ,. ✓. ' `�, a. -,,,'. ...... S. Y"x. , `v. .. „_� i' .. C•,. � <r,,,,<v ,rz, „«o. , <..sa:.,_ .:. ,d s" .i .e o. . .,.., "�,.Sg, n o, y. "v, > : n ' v , , z 9<`a _ ,.. F � a .. � , ... u.. ... , , J-'. . Z, < n.:.f' <. 5 .\a' m s _. �... n .. ., r .r .r. _. r « a'� . % ,.: ,Sw' � , s ,+, ., "J3 }: 2 - d:'k,. > �l >i~\, wca ,-c. m r :G ., .✓ cs a „� ">u. KSrl`n ` i s ,~ . _-< _ .>.< za> , r " S a s" >.. `.., '•v..,. ,\,.... .. wZ . . .-.d `.�2 - :. fi ..,� nz � t. Si.. C l -:1..,. <, r: ', ,.;, c , ..+ v .. .e nz.,s....7.,.. , >, ,. , >...,.. F.. ':r✓4.. .r r,,.J. ,< ,c >.' c-'e. ,.. � .j,. 'r..<`7nr. ^'J. \N': `Y.-a ter. %`,S }. =' , ., .v ...d.. 'rs r, .d 1 ,...,.'_. ...,. ....,:sr.. • Concerns over training and credibility of crowd There will be 1 crowd control personnel for every 0 The application was approved by the Deschutes County Has the applicant demonstrated compliance with the control personnel 100 persons in attendance (20 maximum), 6 of Sherriff's Department for compliance with DCC 8.16.250 crowd control standard of DCC 8.16.250? which will be DPSST licensed • A condition of approval has been added in the past (and A. If yes, include the suggested condition of • The applicant has stated crowd control personnel included in the proposed permit) that the applicant Crowd Control will be at least 18 years of age, in good physical provide a list of the names and certification for all traffic approval and continue reviewing the 4 health, and have appropriate training and crowd control personnel 30 days prior to the event application. DCC 8.16.250 0 4Peaks will have paid alcohol and security staff B. If no, either: roaming the premises as well 1. Modify the condition of approval to • Staff received multiple comments in support achieve compliance; or saying he event was well run and family friendly 2. Deny the application and continue reviewing other criteria. • Concerns that many attendees bring their own There will be alcohol monitors in areas at all times 0 The sale of alcohol is permitted when the proper Has the applicant demonstrated compliance with the liquor into the event in their cars and coolers that beer and wine are sold licensing is secured from OLCC liquor consumption standard of DCC 8.16.310? • A condition of approval has been added in the past (and A. If yes, include the suggested condition of included in the proposed permit) that no person shall be Liquor approval and continue reviewing the permitted to bring alcohol on the premises unless 5 Consumption licensed by the State application. DCC 8.16.310 B. If no, either: 1. Modify the condition of approval to achieve compliance; or 2. Deny the application and continue reviewing other criteria. • General allegations that the attendees count is No response DCC 8.16.300(C ) requires the organizer to keep a Has the applicant demonstrated compliance with the not accurate and a request that an accurate reasonable count of persons and vehicles entering and attendance monitoring standards of DCC attendee count be obtained and reported leaving the event however in the past the applicant has 8.16.300(C)? Attendance not been required to report those numbers to Staff A. If yes, continue reviewing the application. 6 Monitoring B. If no, either: DCC 8.16.300(C) 1. Condition the decision to achieve compliance; or 2. Deny the application and continue reviewing other criteria. • Requests from nearby neighbors that the 0 Bend Fire Department included a letter in support The ambulance waiver has been granted in the past year Does the Board want to grant a waiver from the Ambulance request for an ambulance waiver be denied of the ambulance waiver and the closest Fire Station is within 2 miles of the requirements to maintain one ambulance on site 7 Waiver There will be an AED on staff as well as a first aid proeprty A. If yes, no further action is needed DCC 8.16.150(B) station staffed by employees of Adventure Medics B. If no, a condition of approval will be added that the applicant must maintain one ambulance on site at all times 247-22-000675-OMG Page 2 of 5 Decision Matrix: 247-22-000675-OMG 4Peaks 2024 Musical Festival • Nearby neighbors claim in the past there have No comment DCC does not specifically address trespassing or providing any Does the prevention of trespassing been concerns with event goers trespassing sort of barrier/fence between the event and the surrounding on nearby properties relate or onto their proeprty properties. reasonably relate to an approval • In the past there have been no conditions of approval related to criteria? measures to prevent trespassing onto nearby properties A. If yes, provide findings and � Trespassing on nearby either: properties 1. Condition the decision to achieve compliance; or 2. Deny the application and continue reviewing other criteria. B. If no, no findings required and continue reviewing other criteria. • Request for a water truck to be onsite at all No comment 0 DCC does not specifically address having a water truck on the Does requiring a water truck on site times during the festival to help address fire subject property as it relates to the fire protection standards of relate or reasonably relate to an concerns • Claims that the pond on site is not sufficient DCC 8.16.230. 0 A condition of approval has been added in the past which requires approval criteria? A. If yes, provide findings and whether it be more than 50% full or not the applicant to have a water truck on site if the irrigation pond is either: 2 Requiring a water truck less than 50% full 1. Condition the decision to on site achieve compliance; or 2. Deny the application and continue reviewing other criteria. B. If no, no findings required and continue reviewing other criteria. • Specific request for 1 fire extinguisher for every Bend Fire Department has stated that they • DCC does not specifically address having fire extinguishers on the Does requiring 1 fire extinguisher 250 persons in attendance to help address fire have seen fire extinguishers on site during subject property as it related to the fire protection standards of per every 250 persons in attendance concerns previous inspections of the premises DCC 8.16.230, relate or reasonably relate to an • In the past no conditions of approval have been added regarding approval criteria? fire extinguishers A. If yes, provide findings and Fire extinguisher 0 The Bend Fire Department did not have any comments relating to either: 3 requirement of 1 per 250 fire extinguishers 1. Condition the decision to persons achieve compliance; or 2. Deny the application and continue reviewing other criteria. B. If no, no findings required and continue reviewing other criteria. Provide the details of Concerns over how many crowd control There will be 6 licensed personnel on the DCC 8.16.060(2) requires that all crowd control personnel be Does requiring training details above 4 what the training personnel were certified premise and up to 14 volunteers to maintain o 18 years of age, and beyond the requirements of materials will cover for o in good physical health, 247-22-000675-OMG Page 3 of 5 Decision Matrix: 247-22-000675-(CMG 4Peaks 2024 Musical Festival volunteer crowd control Concerns over training that volunteer crowd the ratio of 1 crowd control staff to every 100 o have training that is acceptable to the County DCC 8.16.060(2) relate or reasonably staff control personnel receives persons in attendance o wear and identifying uniform relate to an approval criteria? • A condition of approval has been added in the past that the A. If yes, provide findings and applicant provide a list which includes all of the above referenced either: information 30 days prior to the event 1. Condition the decision to achieve compliance; or 2. Deny the application and continue reviewing other criteria. B. If no, no findings required and continue reviewing other criteria. • Allegations that many vehicles bring in No comment 0 DCC requires crowd control personnel to monitor the event and Does requiring a security guard to unpermitted alcohol that no liquor shall be brought onto the premises unless it is inspect vehicles relate or reasonably • Also state that this measure could help with licensed from OLCC. relate to an approval criteria? permit compliance 9 There have been no previous conditions of approval that relate to A. If yes, provide findings and A licensed security guard vehicle inspection either: 5 at the entrance to inspect 1Condition the decision to. every vehicle that enters achieve compliance; or 2. Deny the application and continue reviewing other criteria. B. If no, no findings required and continue reviewing other criteria. • Claims that the event is disorganized and there Applicant agrees to let County staff and the 0 The Sherrifis Department and Risk Management received 3 Does requiring additional are multiple code violations including food Sheriff Department enter the premises at any compliant during the 2021 permit. enforcement and monitoring service, alcohol, crowd control, noise levels time 0 The case planner for these permits will monitor the conditions of measures relate or reasonably relate • Also claims that there is no good way to report approval, many of which require the applicant to submit items 7- to an approval criteria? violations 30 days before the event A. If yes, provide findings and • The premises are inspected by the Fire Department after set up is either: 6 Permit Enforcement and complete 1. Condition the decision to Monitoring 0 If there is a DCC violation staff will not be able to look into the achieve compliance; or violation until Monday when the event is over 2. Deny the application and continue reviewing other criteria. B. If no, no findings required and continue reviewing other criteria. 247-22-000675-OMG Page 4 of 5 Decision Matrix: 247-22-000675-OMG 4Peaks 2024 Musical Festival 247-22-000675-OMG Page 5 of 5 REVIEWED LEGAL COUNSEL OUTDOOR MASS GATHERING PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND, OREGON 541/388-6575 LOCATION: 21085 KNOTT ROAD, BEND, 97702 OWNER: DM STEVENSON RANCH LLC TYPE, DATES & TIME OF EVENT: MUSIC FESTIVAL, JUNE 15, 2024 — JUNE 24 2024 9:00 AM TO 12:00 AM OPERATOR: 4 PEAKS PRESENTS, LLC PHONE: 541-350-6474 1. PERMIT BECOMES NULL AND VOID IF EVENT OR GATHERING HAS NOT STARTED ON THE APPROVED DATE. 2. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE EVENT OR GATHERING IS COMPLETE. 3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT, PUBLIC HEALTH AND FIRE CONTROL OFFICERS TO COME UPON THE PREMISES FOR WHICH THE PERMIT HAS/HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AS ALLOWED BY DCC 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FILE NUMBER (247-22-000675-OMG) The Board of County Commissioners approves the 4 Peaks Presents, LLC application for an Outdoor Mass Gathering permit based upon the attached requirements incorporated by reference herein and subject to the following conditions. CONDITIONS OF APPROVAL 1. Fourteen days prior to the event, 4 Peaks Presents, LLC (the "operator"), shall obtain and submit to the Community Development Director for approval a Special Events Insurance policy that provides general liability of $1,000,000 per single claimant and incident and $2,000,000 for all claimants arising from a single incident. The policies shall name Deschutes County, its officials, agents and employees as an additional insured on the endorsement. The policies shall provide payment of claims within the 180-day period after the scheduled termination of the event. 2. The total number of attendees authorized on -site at any time during the course of the event is 1,999. A 10% variance is allowed meaning that under no circumstances shall the total number of attendees (to include patrons, musicians, vendors, staff, and security) exceed 2,200 total persons at any time during the course of the event. 3. The operator shall keep reasonable counts of persons and vehicles entering the event. 4 Peaks Presents, LLC 247-22-000675-OMG Permit, Document 2023-368 4. The operator shall provide one toilet per every 100 attendees. The operator has contracted with Little Johns to provide the required facilities. 5. Hand washing facilities shall provide running water, adequate soap, and paper towels. The operator has contracted with Little Johns to provide the required facilities. 6. The operator shall provide waste collection and removal. The operator has contracted with Bend Garbage and Recycling to provide waste containers and removal services. 7. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Health Director, copies of the operator's contracts for sanitation and waste collection and removal. 8. Drinking water shall be provided by Avion Water Supply. The water system shall meet all Drinking Water Program requirements. 9. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall apply to the County Health Department for a temporary restaurant license at least one week in advance of the event. 10. The operator shall receive final approval by the Bend Fire Department after inspection no later than June 19, 2024. 11. All fire hydrants, fire sprinkler, and/or standpipe system connections are to remain readily visible, accessible, and unobstructed and shall be accessible with an unobstructed circumferential distance of three feet. 12. Fire and emergency access roads shall have an unobstructed width of not less than 20 feet and a vertical clearance of not less than 13 feet, 6 inches. Barricades shall be approved by the by the County prior to erecting. The emergency access roads shall remain open at all times. 13. Vendors cooking outdoors shall comply with the Bend Fire Department and the City of Bend "Open Cooking Concession Requirements." 14. Non -fixed food concession such as enclosed trailers, buses, and vans shall comply with the Bend Fire Department and the City of Bend "Non -Fixed Food Concession Requirements." 15. All tents, canopies, and temporary structures shall comply with the Bend Fire Department regulations. 16. Campfires, bonfires and other recreational open burning are prohibited. 17. The Outdoor Mass Gathering shall have at least one first aid station staffed by two adult individuals trained in first aid techniques for the duration of the event. The first aid station shall include an Automated External Defibrillator (AED) device with AED device trained staff. Ambulance service shall be provided by Bend Fire Station #303 located at 61080 Country Club Drive, approximately 2 miles from the event site, or the next available responding ambulance unit. 18. If the irrigation pond located on -site is less than 50 percent full one -week prior to the event, the operator shall provide a water truck at the event for fire suppression. The applicant shall ensure that the appropriate firefighting apparatus and equipment for utilizing any available water sources onsite, including the irrigation pond, can and will be provided should they be required. The effectiveness of any provided firefighting apparatus shall be confirmed by the Bend Fire Department. 19. Thirty days prior to the event, the operator shall submit to the Community Development Director, the names and qualifications for all individuals trained in first aid techniques and AED device trained staff for the duration of the event. 20. Security for the event will be provided by Howard Koff, with clearly marked security officers. Security will be in place at all times during the Outdoor Mass Gathering. 21. The operator shall provide one crowd control person for each 100 persons, expected or reasonably expected to be in attendance at any time during the Outdoor Mass Gathering. 22. Traffic control and crowd protection personnel shall show certification of training or experience acceptable to the County to conduct traffic and or crowd -control duties upon request from the County. 23. Thirty days prior to the event, the operator shall submit to the County Road Department and Senior Transportation Planner for review and approval a detailed traffic control plan that includes traffic control signs, sign location and spacing plan, traffic control personnel certification, and a site plan drawn to scale illustrating adequate space (75 feet) for stacking of vehicles. 4 Peaks Presents, LLC 247-22-000675-OMG Permit, Document 2023-368 2 24. Thirty days prior to the event, the operator shall submit to the Community Development Director and County Sheriff, the names and necessary background information for all traffic -control and crowd - control personnel to be utilized during the Outdoor Mass Gathering. 25. Operator shall adhere to the proposed site plan that shows the parking area during the course of the event. 26. This permit shall be posted in a conspicuous spot on the property during the course of the event. 27. The operator and/or property owner will provide access to the premises for inspection purposes by law enforcement, public health, and fire control officers based on the terms and conditions of the permit. If deficiencies are identified following an inspection, the inspector may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or if the County determines that the deficiencies cannot be cured then the operator expressly consents that the County Sheriff is authorized to take any and all necessary actions to terminate the Outdoor Mass Gathering. 28. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC at all times. 29. All debris will be removed within 72 hours after the event termination. All temporary structures shall be removed within 3 weeks of event termination. 30. No person shall be permitted to bring alcohol onto the premises. This shall not apply to the sale and consumption of alcohol from a State of Oregon licensed facility located on the premise. 31. No narcotic or illegal/dangerous drug use will be permitted at the premises. 32. The operator shall meet the requirements of DCC 8.16.250, Public Safety. 33. Parking services will be provided by 4 Peaks Presents, LLC and will include a minimum of six traffic control/parking monitors for each shift. 34. The amplified music shall meet the requirements of DCC 8.16.290. A sound level in excess of 70 decibels prior to 10:00 p.m. and in excess of 50 decibels after 10:00 p.m. (as measured upon the A scale of a standard sound level meter on affected property from the property lines) shall constitute a violation of the Deschutes County Code. 35. The Outdoor Mass Gathering shall not be conducted, including set-up, placement, storage, staging, removal or similar action of any equipment, materials, structures, vehicles, supplies and so forth, in the unincorporated areas of the County within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. The proposed late night music venue shall end at 12:00 a.m. 36. The applicant shall have access to the site no more than three days prior to June 15, 2024 (the first official day of the OMG permit) to accommodate deliveries and site preparation work (which includes removing rocks, brush, and grooming the grounds). Site preparation work shall be conducted between the hours of 9:00 a.m. and 7:00 p.m. and shall not include construction of any temporary structures associated with the Outdoor Mass Gathering. Thirty days prior to the event, the operator shall submit to the Community Development Director, all dates and specific activities associated with site preparation. Dated this of 2023 BOARD OF COUNTY COMMISSIONERS ATTEST: Recording Secretary ANTHONY DEBONE, Chair PATTI ADAIR, Vice Chair PHIL CHANG, Commissioner 4 Peaks Presents, LLC 247-22-000675-OMG Permit, Document 2023-368 3 COI ES CO o � MEETING DATE: May 31, 2023 SUBLECT: Finance Report for April 2023 ATTENDANCE: Robert Tintle, Chief Financial Officer DATE: May 31, 2023 TO: Board of County Commissioners FROM: Robert Tintle, Chief Financial Officer SUBJECT: Finance Report for April 2023 Following is the unaudited monthly finance report for fiscal year to date (YTD) as of April 30, 2023. Budget to Actuals Report General Fund • Revenue YTD in the General Fund is $40.8M or 93.2% of budget. By comparison, last year revenue YTD was $38.2M and 93.8% of budget. • Expenses YTD are $35.7M and 78.7% of budget. By comparison, last year expenses YTD were $34.2M and 78.9% of budget. • Beginning Fund Balance is $13.8M or 106.7% of the budgeted $12.9M beginning fund balance. dies Co Coul Fund Select all (Blank) 001 - General Fund 010 - Assmt-Clerk... 020 - Code Abate... 030 - Community ... 040 - Court Techn... 050 Economic D... 060 - General Co... 070 - General Co... 090 - Project Dev... 120 - Law Library 130 - Park Acquisi- 132 - Park Develo... Monthly GL Per.. 0 10 $11.4M (BLank) ity Wide Financial Dashboard 001 - General Fund 10 83.3% Year Complete All Major Funds Budget to Actuals Requirements Resources Beginning Working Capital Budget to Actuals by Category SActuals •Budget Wrojection r$40.8.% ,t.9 $35.7M f3.8. :.5,m snms ssa 711 w¢ra si3 asoil 78.7% 93.2% 106.7% , ,1 I ._ Transfers out Personnel LA, -,as& CapiYJ Monthly Expenditures� 79`0i����� gypA % of last year budaet SzrA i01,1 4 c 3 10 IJ €a Last Year Actuals *Current Year Actuals Monthly Revenues� 93.8i of last year budget s<c^n 6 5 0 Q •Last Year Actuals OCurreMYear Actuals On the attached pages you will find the Budget to Actuals Report for the County's major funds with actual revenue and expense data compared to budget through April 30, 2023. Position Control Summary Position Control Summary FY23 July - June Percent Org Jul Aug Sep Oct Nov Dec Jan Feb Mar April May June Unfilled Assessor Filled 33.26 31.00 32.00 i; 31.00 31.00 33.26 f 32.26 32.26 32.26 32.26 Unfilled 2.00 4.26 3.26 4.26 4.26 2.00 3.00 `. 3.00 : 3.00 3.00 ` 9,09% Clerk Filled 9.48 9.48 10,48 10.48 10.48 S 10.48 10.48 9.48 9,48 10.48 Unfilled 1.00 100 - - - - - 1.00 1,00 ( 3.82% 80PTA Filled 0.52 052 0.52 0.52 0.52 0.52 O.S2 ' 0.52 ` 0.52 0,52 Unfilled - - - - 0,00% DA Filled S7.40 58.40 59.20 61.20 61.20 59.80 58.30 58.80 58.00 59.00 Unfilled 3.20 2,20 1.40 0.40 : 0.40 '< 1.30 2,80 2.80 3.60 '. 2.60 : 3.38% Tax Filled 5.50 5.50 6.50 6 50 6.50 : 6.50 6.50 .' 6.50 : 6.50 5,50 Unfilled 1.00 1.00 - - - 1,00 : 4.62% . Veterans' Filled 5.00 5.00 l 5.00 4.00 ` 4.00 4.00 5.00 ':. 5.00 '. 5.00 . 5M Unfilled - 1.00 1,00 1,00 `- - - 6.00% Property Mgmt Filled 2.00 2.00 - 2.00 2.00 2.00 : 2.00 2.00 2.00 2.00: 3.00 Unfilled 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 - 30.00% Total General Fund Filled 113.16 : 111.90 ` 115.70 115.70 115.70 116.56 115.06 114.56 113,76 115.76 Unfilled 8.20 9.46 5.66 6.66 6.66 5.30 6.80 7.80 8,60 6.60 - - - 5.88% Justice Court Filled 4.60 4.60 4.60 4,60 4.60 4.60 ' 4.60 4.60 4.60 4.60 Unfilled - - - _ 0.00% Community Justice Filled 45.20 45.20 45.90 44.90 44.90 45.90 45.90 45.90 47.00 45,00 Unfilled 2.70 2.70 2.00 3.00 3.00 2.00 2.00 2.00 2.00 4.00 5.28% Sheriff .'.Filled - 218.25 232.25 = 230.25 230.25 231.75 '. 229.75 228,75 235.75 `: 233.75 ' 232.25 ` Unfilled 44.75 30.75 '. 32.75 32.75 31.25 33.25 36.25 29.25 31.25 32.75 12.70% Houseless Effort Filled - - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 Unfilled 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 - 55.00% Health Srvcs 'Filled '. 355.80 357.50 368.30 `: 371.30 374.55 380.20 ' 380.10 383.30 383.95. 376.10. Unfilled 49.55 47.85 4&25 ` 46.25 - 44.25 39.60 ' 39.70 38.50 37.85 44.70 " - 10.47% CDD Filled 59.80 58.80 59.80 58.80 59.80 57.80 57.80 58.80 58.80 57.80 Unfilled 12.20 13.20 12.20 13,20 12.20 14.20 6,20 5.20 5.20 6.20 14.53% Road -Filled 55,00 55.00 `:. 58.00 : 57.00 58.00 : 58.00 :' 57.00 57.00 ':. 58.00 56.00 Unfilled 6.00 6,00 ' 3.00 4.00 3.00 3.00 : 4.00 ' 4.00 ' 3.00:: 5.00 6.72% Adult P&P Filled 35.55 35.55 35.85 34.85 34.85 34.85 34.85 33.85 33.75 33.75 Unfilled 5.30 5.30 5.00 6.00 6.00 6.00 6.00 7.00 6.00 6.00 14.42% Solid Waste Filled 27.00 26.00 28.00 :: 26.00 `: 27.00 ': 28.00 27.00 `. 28.00 30.00- 30.00:: Unfilled 3.00 4,00 - 2.00 :. 4.00 <. 3.00 2.00 3.00 `. 2,00 : - 7,67% Victims Assistance Filled 8.00 8.00 8.00 8.50 8.50 8.50 7.50 7.50 7.50 7.50 Unfilled - - - - - - 1.00 2.00 2.00 2.00 8.09% GIS Dedicated Filled 2,30 2.30 2.30 2.30 ' 2.30 2.30 ;' 2.30 ' 2,30 2.30' 2.30:: Unfilled - - - - - ':: 0.00% Fair & Expo Filled 9.75 9.75 9.75 10.75 10.75 10.75 10.75 11.75 11.75 11.75 Unfilled 3.75 3.75 3.75 2.75 2.75 2.75 2.75 1.75 1.75 1.75 20.37% Natural Resource Filled 1,00 - 2.00 2.00 2.00 " 2.00 2,00 2.00 Unfilled 1,00 2.00 2.00 ! 2.00 - - 35,00%. ISF - Facilities Filled 20.75 21.75 20.75 21.75 21.75 19.75 19.75 21.75 23.75 23.75 Unfilled 4.25 3.25 4.25 3.25 3.25 5.25 5.25 3.25 1.25 1.25 13.80% ISF -.Admin Filled 8.75 8.75: 9.75 '.: 10.75 -' 10.75 : 10,75 > 9.75 9.75 9.75. 9.75 .Unfilled 2.00 2.00 1.00 ' _ _ - _ _ - 4.83% ISF - SOCC Filled 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Unfilled - - - - - - - - - - 0.00% ISF -Finance ' Filled 10.00 8.00 10.00 10.00 - ' 10.00 12.00. 12.00 12.00 12.00 12,00. Unfilled 1.00 ` 3.00 - 1.00 1.00 1.00 - - - 6.09% ISF - Legal Filled 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 Unfilled - - - - - - - - - - 0.00% ISF -HR ':' ,Filled 9.00 .':. 9,00 ' 9,00 9,00 9.00 ' 9.00 - 9.00: 9.00. 9.00' 9.00' Unfilled 1.00 1.00 ' 1.00 1.00 - 1.00 1.00 1.00-' 1.00 + 1.00 1.00: : 10.00% ISF - IT Filled 16.70 16.70 16.70 16.70 16.70 15.70 15.70 16.70 15.70 15.70 Unfilled - - - - - 1.00 1.00 - 1.00 1.00 2.40% ISF - Risk:. [Filled 2.25 :: 2.25 2.25 2.25 2.25 2.25. 3.25.. 3.25 3.25'. 3.25'. Unfilled - 0.00% 911 Filled S2.00 51.00 49.57 50.57 51.57 52.10 50.10 52.10 52.10 S2.10 Unfilled 8.00 9.00 10.43 9.43 8.43 7.91 9.91 7.91 7.91 7.91 14.47% Total: Filled 1,064.86 1,074.30 1,09S.47 1,096.97 1,107.72 1,111.76 1,104.16 1,120.86 1,123.71 1,112.36 - - Unfilled 154.70 145.26 135.29 136.29 126,79 124.26 12S.86 112.66 109.81 120.16 - - Total 1,219.56 1,219.56 1,230.76 1,233.26 1,234.51 1,236.01 1,230.01 1,233.51 1,233.51 1,232.51 A - - %Unfilled 12.68% 11.91% 10.99% 11.05% 10.27% 10.05% 10.23% 9.13% 8.90% 9.75% 30.49% A Health Services -1.0 FTE Qy`,��3"TES `0& Budget to Actuals - Countywide Summary All Departments 83 3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % 001 - General Fund 030 - Juvenile 160/170 - TRT 200 - American Rescue Fund 220 - Justice Court 255 -Sheriff's Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 616 - Annual County Fair 617 - Fair & Expo Capital Reserve 618 - RV Park 619 - RV Park Reserve 670 - Risk Management 675 - Health Benefits 705 - 911 999 - Other TOTALRESOURCES REQUIREMENTS 001 - General Fund 030 - Juvenile 160/170 - TRT 200 - American Rescue Fund 220 - Justice Court 40, 504,168 901,143 12,578,435 19,000,000 550,832 44,947,745 48,727,400 9,580,316 22,629,649 5,840,250 2,471,190 13,350,600 1,395,724 1,560,500 8,544 517,524 7,546 3,146,973 23,027,177 12,019,306 50, 071,869 40,047,506 99% ; 1,007,843 112% ; 13,029,089 104% ; 14,281,402 75% ; 6 494,676 90% ; 45,776,980 102% ; 48,848,440 100% ; 10,542,434 110% ; 24,768,506 109% 6,178,356 106% ; 1,124,832 46% ; 13,930,834 104% ; 1,779,723 128% ; 1,922,671 123% 8,012 94% ; 0 584,713 113% ; 6,354 84% ; 4,409,440 140% ; 25,070,639 109% ; 12,896,533 107% ; 34,055,652 68% ; 43,472,708 1,010,203 13,631,282 105,186 525,032 48,877,055 57,787,985 11,675,519 24,889,063 6,134,018 1,943,063 14,503,499 1,408, 534 1,849,380 7,414 642,252 6,298 3,311,477 23,658,700 13,744,678 58,702,131 40,558,223 93% 636,253 63% 11,282,428 83% 26,751,643 999% 422,161 80% ; 48,566,716 99% ; 52,080,990 90% ; 7,649,652 66% ; 20,558,489 83% ; 6,107,717 100% ; 283,791 15% ; 11,347,750 78% ; 1,898,173 135% ; 2,370,442 128% ; 132,528 999% ; 448,888 70% 18,072 287% 2,797,374 84% 20,337,028 86% 12,762,109 93% 51,906,346 88% 312,836,891 300,764,634 96% ; 327,885,478 318,916,771 97% ; 42,822,464 99% 1,069,608 106% 13,163,535 97% 29,121,381 999% 525,530 100% ; 49,328,721 101 % ; 56,212,401 97% ; 9,306,102 80% ; 25,574,669 103% ; 6,234,411 102%: 590,976 30% ; 13,813,001 95% ; 2,136,785 152% ; 2,379,297 129% ; 314,917 999% ; 519,865 81 % ; 20,850 331 % ; 3,389,701 102% ; 24,545,395 104% ; 13,990,660 102% ; 57,012,878 97% ; ; 352,073,148 107% ; Fiscal Year 2022 1Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % 21,298,809 19,383,248 91% 24,202,373 18,398,531 76% 23,145,707 96% ; 7,496,355 6,674,328 89% 7,928,538 6,014,069 76% 7,450,705 94% ; 4,010,388 3,826,539 95% 13,113,218 10,629,445 81% 11,939,381 91% ; 38,000,000 14,187,441 37% 23,129,361 11,760,031 51% 23,129,361 100% ; 736,142 690,802 94% 731,183 607,128 83% 736,139 101% ; 01ESC-0&' Budget to Actuals - Countywide Summary All Departments FY23 YTD April 30, 2023 (unaudited) 255 -Sheriff's Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 -Solid Waste 615 - Fair & Expo 616 - Annual County Fair 617 - Fair & Expo Capital Reserve 618 - RV Park 619 - RV Park Reserve 670 - Risk Management 675 - Health Benefits 705 - 911 999 - Other 54,162,360 58,872,642 9,978,889 15,024,128 7,079,915 29,722,691 9,709,991 2,504,877 1,468,131 568,000 552,188 100,000 6,427,292 29,424,393 14,563,007 86,872,890 51,382,461 95% ; 51,718,597 88% ; 8,963,943 90% ; 13,771,124 92% ; 6,392,578 90% ; 8,106,117 27% ; 8,792,122 91% ; 2,626,480 105% ; 1,352,783 92% ; 7,670 1 % ; 466,135 84% ; 885 1% ' 4,982,451 78% 29,294,027 100% 10,896,900 75% 41,149,853 47% 59,715,533 70,979,127 11,233,304 16,188,996 7,575,910 28,387,166 11,754,672 2,768,054 1,852,030 870,000 594,181 100,000 5,887,806 26,769,217 17,709,497 107,908,168 46,396,838 78% ; 50,450,953 71 % ; 7,683,772 68% ; 10,139,437 63% ; 5,495,450 73% ; 14, 617,459 51 % ; 7,402,464 63% ; 2,668,429 96% 1,969,180 106% ; 208,706 24% ; 388,678 65% ; 5,532 6% ; 2,387,770 41% ; 22,135,623 83% ; 10,691,638 60% ; 43,453,665 40% ; TOTAL REQUIREMENTS 398,573,088 284,666,484 71% 439,398,334 273,504,796 62% ; 83.3% Year Complete 59,075,830 99% ; 64,710,500 91% ; 9,335,558 83% ; 15,486,410 96% ; 6,694,317 88% ; 22,913,621 81 % ; 11,008,024 94% ; 3,114,313 113% ; 2,059,945 111% ; 870,000 100% ; 505,887 85% ; 100,000 100% ; 4,720,833 80% ; 30,097,473 112% ; 16,642,820 94% ; 97,607,097 90% ; 411,343,921 94% ; "TES `oG2< Budget to Actuals - Countywide Summary o`,��3 All Departments 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 TRANSFERS Budget Actuals % Budget Actuals % Projection % 001 -General Fund (21,952,604) (21,807,006) 99% (20,871,416) (17,072,025) 82% ; (19,698,572) 94% ; 030 -Juvenile 6,223,387 6,223,387 100% ; 6,452,997 5,377,490 83% 6,452,997 100% ; 160/170 -TRT (6,024,574) (5,916,413) 98% ; (6,031,446) (5,026,170) 83% ; (5,964,179) 99% ; 220 - Justice Court 240,956 196,126 81% 263,217 219,340 83% ; 263,217 100% ; 255 -Sheriffs Office 3,500,737 3,501,246 100% ; 3,448,587 3,036,391 88% ; 3,448,587 100% ; 274 - Health Services 6,122,830 6,122,830 100% ; 8,007,942 5,771,812 72% ; 5,901,837 74% ; 295 - CDD (270,622) (1,159,207) 428% ; (911,585) (692,938) 76% (821,579) 90% ; 325 - Road (11,757,547) (11,757,547) 100% ; (12,330,136) (12,330,136) 100% ; (12,330,136) 100% ; 355 - Adult P&P 471,072 471,071 100% ; 267,532 189,670 71% ; 267,532 100% ; 465 - Road CIP 12,193,917 10,672,113 88% 14,230,313 9,778,721 69% ; 14,131,212 99% ; 610 - Solid Waste (6,029,323) (6,029,323) 100% ; (5,299,665) (3,051,630) 58% ; (3,453,962) 65% ; 615 - Fair & Expo 962,736 918,804 95% 704,127 586,770 83% 657,039 93% ; 616 - Annual County Fair (75,000) (75,000) 100% ; (156,706) (130,580) 83% ; ; (156,706) 100% ; 617 - Fair & Expo Capital 798,901 779,502 98% 1,149,827 958,170 83% 1,129,648 98% ; Reserve 618 - RV Park 47,958 47,958 100% ; (81,566) (41,310) 51% (81,566) 100% ; 619 - RV Park Reserve 132,042 132,042 100% ; 261,750 217,970 83% ; 261,566 100% ; 670 - Risk Management (3,500) (3,500) 100% ; (3,500) (2,910) 83% ; (3,500) 100% ; 705 - 911 - - 0% (59,900) (59,900) 100% ; (59,900) 100% ; 999 -Other 15,418,726 17,682,916 115% ; 10,159,373 12,341,265 121% ; 10,056,465 99% ; TOTAL TRANSFERS 91 - 0 (800,255) 70,000 - - 0% ; Budget to Actuals - Countywide Summary oy`\\\)TES`0& All Departments 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 ENDING FUND BALANCE Budget Actuals % Budget Actuals Projection % 001 - General Fund 10,723,375 13,847,827 129% ; 11,374,637 18,935,495 13,826,013 122% ; 030 - Juvenile 596,681 1,522,125 255% ; 634,663 1,521,799 1,594,026 251% ; 160/170 - TRT 8,433,816 9,475,532 112% ; 4,000,000 5,102,344 4,735,507 118% ; 200 - American Rescue - 108,098 999% ; - 15,039,803 6,100,118 999% ; Fund ° 220 -Justice Court 55,646 - 0% 57,066 34,374 52,608 92% ; 255 -Sheriffs Office 12,160,633 15,162,285 125% ; 7,024,650 20,368,554 8,863,763 126% ; 274 - Health Services 6,011,534 13,942,649 232% ; 6,045,519 21,344,498 11,346,387 188% ; 295 - CDD 763,172 2,168,956 284% ; 1,627,134 1,441,899 1,317,921 81% ; 325 - Road 2,231,806 7,806,356 350% ; 2,262,898 5,895,273 5,564,479 246% ; 355 - Adult P&P 1,971,182 3,238,905 164% ; 1,925,640 4,040,842 3,046,531 158% ; 465 - Road CIP 5,316,460 27,223,832 512% ; 12,334,484 22,668,885 19,032,399 154% ; 610 - Solid Waste 583,520 3,066,662 526% ; 556,359 3,960,317 2,417,677 435% ; 615 - Fair & Expo 604,256 995,519 165% ; 315,960 812,033 675,031 214% ; 616 - Annual County Fair 17,369 385,854 999% ; 225,358 656,536 548,500 243% ; 617 - Fair & Expo Capital 1,341,108 1,809,440 135% ; 1,587,183 2,691,432 2,384,005 150% ; Reserve 618 - RV Park 13,294 166,536 999% ; 82,920 185,437 98,948 119% ; 619 - RV Park Reserve 824,054 1,191,937 145% ; 1,340,766 1,422,446 1,374,353 103% ; 670 - Risk Management 5,045,296 8,944,938 177% ; 5,107,351 9,351,633 ; 7,610,306 149% ; 675 - Health Benefits 8,375,402 11,304,191 135% ; 8,815,139 9,505,596 5,752,112 65% ; 705 - 911 9,307,082 12,708,705 137% ; 8,926,080 14,719,275 9,996,645 112% ; 999 -Other 55,322,038 95,096,396 172% ; 56,673,214 119,103,855 ; 68,408,384 121% ; TOTAL FUND BALANCE 129,697,724 230,166,744 177% ; 130,917,021 278,802,326 174,745,713 133% ; O`�uTES C 6il Budget to Actuals Report General Fund - Fund 001 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Property Taxes - Current 32,410,716 32,791,880 101% 34,467,173 33,675,825 98% 34,378,087 100% (89,086): A Property Taxes - Prior 460,000 337,612 73% 301,000 280,122 93% 301,000 100% Other General Revenues 2,689,926 2,880,344 107% 3,591,874 3,737,223 104% 3,811,369 106% 219,495! B Assessor 987,411 886,514 90% 964,246 504,834 52% a 964,246 100% Clerk 2,741,215 2,225,591 81% 2,298,566 1,067,224 46% 1,298,566 56% (1,000,000): C BOPTA 14,588 13,216 91% 14,588 6,725 46% 14,588 100% District Attorney 448,201 258,776 58% 1,183,942 1,042,878 88% 1,403,289 119% 219,34T D Tax Office 341,004 321,554 94% ! 221,483 93,992 42% 221,483 100% Veterans 259,107 182,018 70% 214,836 91,009 42% 214,836 100% E Property Management 152,000 150,000 99% 215,000 58,391 27% 215,000 100% F TOTAL RESOURCES 40,504,168 40,047,506 99% 43,472,708 40,558,223 93% 42,822,464 99% ; (6509244); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Assessor 5,454,784 . 5,157,534 95% 5,910,478 4,355,418 74% 5,342,377 90% 568,101: G Clerk 2,080,739 1,735,214 83% 2,432,710 1,695,805 70% a 2,305,415 95% 127,295! H BOPTA 82,911 77,147 93% 87,177 68,797 79% 86,906 100% 271= District Attorney 9,715,707 8,677,696 89% 10,979,839 8,623,863 79% 10,845,527 99% 134,312! 1 Medical Examiner 242,652 241,582 100% 438,702 203,555 46% 438,702 100% Tax Office 932,570 886,019 95% 905,262 708,434 78% 861,123 95% 44,139! H Veterans 795,189 762,328 96% 809,390 590,945 73% 779,059 96% 30,331! H Property Management 380,061 360,274 95% 508,359 311,238 61% 356,142 70% 152,217! H Non -Departmental 1,614,196 1,485,453 92% 2,130,456 1,840,475 86% 2,130,456 100% J TOTAL REQUIREMENTS ; 21,298,809 19,383,248 91% 24,202,373 18,398,531 76% 23,145,707 96% 1,056,666; TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In 260,000 260,000 100% 260,000 217,030 83% 260,439 100% 439, K Transfers Out (22,212,604) (22,067,006) 99% (21,131,416) (17,289,055) 82% (19,959,011) 94% 1,172,405, L TOTAL TRANSFERS (21,952,604) (21,807,006) 99% (20,871,416) (17,072,025) 82% ; (19,698,572) 94% 1,172,844; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 13,470,620 14,990,575 111% 12,975,718 13,847,828 107% 13,847,828 107% 872,110- Resources over Requirements 19,205,359 20,664,258 19,270,335 22,159,692 19,676,757 406,422 Net Transfers - In (Out) (21,952,604) (21,807,006) (20,871,416) (17,072,025) (19,698,572) 1,172,844, TOTAL FUND BALANCE $ 10,723,375 $ 13,847,828 129% ; $ 11,374,637 $ 18,935,495 166% ; $ 13,826,013 122% ; $2,451,376: A Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 5.50% over FY21-22 vs. 5.55% budgeted B PILT payment of $500,000 received in July 2022; includes -$585K for a State Grant that will be passed through to Neighborlmpact for domestic well assistance C Recording fees expected to be lower than budget due to decreased loan origination volume from rising interest rates D Recent budget adjustment to increase State grant funding which is expected to come in later this fiscal year E Oregon Dept. of Veteran's Affairs grant reimbursed quarterly F Interfund land -sale management revenue recorded at year-end G Projected Personnel savings based on FY22/FY23 average vacancy rate of 7.9% H Projected savings based on vacancy and other personnel cost reductions to date Projected Personnel savings based on FY22/FY23 average vacancy rate of 4.2% J Includes $100K loan to Alfalfa Fire District K Repayment to General Fund from Finance Reserves for ERP Implementation L Estimating Behavioral Health will return approximately $1.2M of County General Funds in FY23 o IES `°G�< Budget to Actuals Report Juvenile - Fund 030 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance OYA Basic & Diversion 432,044 i 500,765 116% 525,049 269,682 51% 525,049 100% ODE Juvenile Crime Prev 100,517 117,184 117% 123,000 74,385 60% 107,720 88% (15,280)! A Gen Fund -Crime Prevention 89,500 89,500 100% 0 89,500 - 0% , 89,500 100% Leases 88,000 89,154 101% 86,000 75,190 87% 90,228 105% 4,22& B Inmate/Prisoner Housing 80,000 92,400 116% 55,000 103,650 188% 110,000 200% 55,000, C DOC Unif Crime Fee/HB2712 49,339 50,462 102% 49,339 25,271 51% 43,271 88% (6,068)1 D Miscellaneous 7,500 i 29,113 388% 42,500 41,747 98% 45,000 106% 2,500- E OJD Court Fac/Sec SB 1065 20,000 10,291 51% 15,000 10,008 67% 15,000 100% Food Subsidy � 12,000 � 11,380 95 /0 10,000 8,336 83 /o � e 10,000 100% Contract Payments 8,000 9,947 124% ! 8,000 3,572 45% ! 5,000 63% (3,000); F Interest on Investments 14,243 7,647 54% 6,815 24,413 358% 28,840 423% - 22,025- G TOTAL RESOURCES 901,143 1,007,843 112% ; 1,010,203 636,253 63% 1,069,608 106% ; 59,405: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services i 6,082,895 5,411,118 89% 6,292,271 4,859,785 77% 5,867,866 93% 424,405- H Materials and Services 1,363,409 1,249,983 92% 1,527,992 1,130,669 74% 1,474,564 97% 53,428� 1 Capital Outlay 50,051 13,226 26% 108,275 23,615 22% 108,275 100% TOTAL REQUIREMENTS ; 7,496,355 6,674,328 89% 7,928,538 6,014,069 76% 7,450,705 94% ; 477,833: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Funds 6,304,397 6,304,397 100% 6,529,064 5,440,870 83% 6,529,064 100% Transfers Out-Veh Reserve (81,010) (81,010) 100% (76,067) (63,380) 83% (76,067) 100% e TOTAL TRANSFERS 6,223,387 6,223,387 100% ; 6,452,997 5,377,490 83% 6,452,997 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 968,506 965,223 100% 1,100,001 1,522,125 138% 1,522,125 138% 422,125; Resources over Requirements (6,595,212) (5,666,485) (6,918,335) (5,377,816) (6,381,097) 537,238! Net Transfers - In (Out) 6,223,387 6,223,387 6,452,997 5,377,490 6,452,997 TOTAL FUND BALANCE $ 596,681 $ 1,522,125 255% ; $ 634,663 $ 1,521,799 240% ; $ 1,594,026 251% ; $959,363: A Two year grant adjusted amount based on 2022 spending. B New lease payment for JBarJ. C Out of county utilization for last two months is higher than anticipated based on original projection. Can shift daily based on intake activity. D Department of Corrections expecting a reduction in final payment. E Expungement revenue higher than originally projected. F Fewer contracted community service projects. G Investment Income projected to come in higher than budget. H Projected Personnel savings based on FY23 average vacancy rate of 5.2% 1 Savings based on current expense trends for materials and services. Q(,�VTES ('0&' Budget to Actuals Report TRT - Fund 160/170 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Room Taxes 12,519,987 12,977,205 104% 13,580,874 Interest on Investments � 58,448 51,884 89% 50,408 e Miscellaneous TOTAL RESOURCES 12,578,435 13,029,089 104% ; 13,631,282 REQUIREMENTS Budget Actuals % Budget 11,197,770 82% 13,060,154 96% (520,720). A 84,497 168% 103,220 205% 52,812, B 161 161 161! 11,282,428 83% 13,163,535 97% (467,747); Actuals % Grants & Contributions - - 5,600,000 4,600,000 82% COVA 3,660,659 3,512,891 96% 3,675,886 2,853,976 78% Interfund Charges � 239,526 239,526 100% 3,574,573 2,978,811 83% ' Administrative 15,203 9,365 62% 215,508 154,283 72% Software 95,000 64,758 68% 47,251 42,375 90% TOTAL REQUIREMENTS ; 4,010,388 3,826,539 95% 13,113,218 10,629,445 81% ; Projection % $ Variance 4,600,000 82% 1,000,0W C 3,528,818 96% 147,068: D 3,574,573 100% ! E 188,739 88% 26,769! 47,251 100% a 11,939,381 91% 1,173,837: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfer Out - RV Park (20,000) (20,000) 100% (20,000) (16,660) 83% i (20,000) 100% Transfer Out - Annual Fair (75,000) (75,000) 100% (75,000) (62,500) 83% (75,000) 100% - Transfer Out - Justice Court (240,956) (196,126) 81% (263,217) (219,340) 83% a (263,217) 100% Transfer Out -Health 444,417 � ( ) 444,417 ( ) 100% 418,417 ( ) 348,680 ( ) 83% � 418,417 � ( ) 100% Transfer Out - F&E Reserve � (498,901) (479,502) o 96% (501,683) (418,060) 83 0/° (481,504) 96 0/0 20,179� F Transfer Out - F&E (1,093,513) (1,049,581) 96% (1,101,342) (917,780) 83% o (1,054,254) 96% 47,088! G Transfer Out - Sheriff (3,651,787) (3,651,787) 100% (3,651,787) (3,043,150) 83% (3,651,787) 100% TOTAL TRANSFERS ; (6,024,574) (5,916,413) 98% (6,031,446) (5,026,170) 83% (5,964,179) 99% 67,267: FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 5,890,343 6,189,395 105% 9,513,382 9,475,532 100% 9,475,532 100% (37,850); Resources over Requirements 8,568,047 9,202,550 518,064 652,983 1,224,154 706,090; Net Transfers - In (Out) (6,024,574) (5,916,413) i (6,031,446) (5,026,170) (5,964,179) 67,267, TOTAL FUND BALANCE $ 8,433,816 $ 9,475,532 112% ; $ 4,000,000 $ 5,102,344 128% ; $ 4,735,507 118% ; $735,507: A Room Tax collections up 3% over last year versus 5.0% budget assumption B Investment Income projected to come in higher than budget C Includes contributions of $4M to Sunriver Service District and $600K to Deschutes Trail Coalition; $1M budgeted for Mt. Bachelor will be paid in FY24 D Payments to COVA based on a percent of TRT collections E Includes-$3.5M for Interfund Payments to the General County Reserve Fund F The balance of the 1 % F&E TRT is transferred to F&E reserves G Transfer projected to be lower based on decreased Room Tax revenue o �vTES CBudget to Actuals Report ARPA — Fund 200 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Interest on Investments - 93,961 105,186 260,795 248% 319,460 304% 214,274� A State & Local Coronavirus Fiscal 19,000,000 14,187,441 75% 24,179,776 e ' 24,179,776 24,179,776! C Recovery Funds Local Assistance & Tribal - - - 2,311,073 4,622,145 4,622,145: B Consistency TOTAL RESOURCES 19,000,000 14,281,402 75% 105,186 26,751,643 999% ; 29,121,381 999% ; 29,016,195: REQUIREMENTS Services to Disproportionately Impacted Communities Administrative Infrastructure Negative Economic Impacts Public Health TOTAL REQUIREMENTS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE Budget Actuals % Budget Actuals % 20,650,098 5,242,251 25% : 15,394,824 9,091,412 59% 5,281,005 143,079 3% - 4,317,328 142,451 3% 2,050,000 527,275 26% 1,634,710 682,526 42% 6,285,840 5,488,685 87% 899,577 927,155 103% 3,733,057 2,786,152 75% 882,922 916,486 104% 38,000,000 14,187,441 37% 23,129,361 11,760,031 51% ; Projection % $ Variance 15,394,824 100% D 4,317,328 100% E 1,634,710 100% F e 899,577 100% G 882,922 100% H 23,129,361 100% ; Budget Actuals % Budget Actuals % Projection % $ Variance 19,000,000 14,137 0% 23,024,175 108,098 0% 108,098 0% (22,916,077)� (19,000,000) 93,961 (23,024,175) 14,991,612 5,992,020 29,016,195: $ 108,098 999% ; $ 15,099,710 999% ; $ 6,100,118 999% ; $6,100,118: A Investment Income projected to come in higher than budget B A budget adjustment for additional Local Assistance & Tribal Consistency funds is forthcoming C The revenue received in FY22, but unspent at 06.30.22, was recorded as Deferred Revenue and recognized in FY23 D Includes $6.77M in childcare/early education funding, $6.9M in housing support for unhoused persons and over $7.3M in affordable housing projects E Administration holds the balance of the ARPA funds, as well as an approved Management Analyst for ARPA reporting and administration F Consists of modernization of irrigation systems, Terrebonne wastewater system, and a regional broadband infrastructure needs and assessment G Majority of funding is for food programs, $2.5 million in small business assistance and additional funding for Ronald McDonald House and an Apprenticeship jobs program H Approved ARPA funding consists of Isolation Motel Liability Insurance, COVID-19 testing done by Dr. Young, UV sanitizer for the jail to prevent COVID-19 in congregate settings and various Health Services expenses such as temporary staffing costs to support the COVID-19 response O`�VCES CpG2< Budget to Actuals Report Justice Court - Fund 220 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Court Fines & Fees 550,000 494,265 90% 525,000 421,768 80% 525,000 100% Interest on Investments 95 45 48% 32 394 999% 530 999% 498! A Miscellaneous 737 365 50% - - - TOTAL RESOURCES 550,832 494,676 90% 525,032 422,161 80% 525,530 100% ; 498; REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 577,209 541,792 94% 569,648 480,146 84% 574,604 101% (4,956); Materials and Services 158,933 149,011 94% 161,535 126,981 79% 161,535 100% B TOTAL REQUIREMENTS 736,142 690,802 94% 731,183 607,128 83% 736,139 101% ; (4,956); TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In -TRT 240,956 196,126 81% 263,217 219,340 83% TOTALTRANSFERS 240,956 196,126 81% 263,217 219,340 83% Resources over Requirements Net Transfers - In (Out) TOTAL I' (185,310) (196,126) (206,151) (184,966) 240,956 196,126 263,217 219,340 $ 55,646 - 0% $ 57,066 $ 34,374 60% ; A Investment Income projected to come in higher than budget B One time yearly software maintenance fee paid in July for entire fiscal year 263,217 100% 263,217 100% ; (210,609) (4,458): 263,217 $ 52,608 92% ; ($4,458); ���ES` OG Budget to Actuals Report ` Sheriff's Office - Fund 255 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance LED #1 Property Tax Current 28,448,529 28,828,746 101% 30,282,049 29,643,266 98% 30,239,651 100% (42,398)= A LED #2 Property Tax Current 11,813,562 11,962,302 101% 13,400,541 13,047,426 97%,! 13,313,046 99% (87,495): B Sheriffs Office Revenues 3,993,964 4,407,029 110% 4,607,630 5,230,927 114% 4,946,564 107% 338,934! C LED #1 Property Tax Prior 330,000 288,862 88% 330,000 233,946 71% 330,000 100% LED #2 Property Tax Prior 145,000 118,145 81% 145,000 96,625 67% a 145,000 100% LED #1 Interest 147,416 96,152 65% 89,119 249,842 280% 285,500 320% 196,381! C LED #2 Interest 69,274 24,356 35% 22,716 64,682 285% 68,960 304% 46,244! D LED #2 Foreclosed Properties - 15,070 - - LED #1 Foreclosed Properties - 36,317 - - - TOTAL RESOURCES 44,947,745 45,776,980 102% ; 48,877,055 48,566,716 99% 49,328,721 101% ; 451,666; REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Digital Forensics - 808,610 663,812 82% 789,644 98% 18,966, Concealed Handgun Licenses - 335,044 274,727 82% 326,804 98% 8,240! Rickard Ranch - 264,871 147,337 56% 264,871 100% a Sheriffs Services 4,002,499 4,208,992 105% 5,863,885 4,167,479 71% 5,172,145 88% 691,740 Civil/Special Units 1,154,204 1,112,473 96% 1,168,300 923,786 79% 1,082,781 93% 85,519- Automotive/Communications 3,576,342 3,738,777 105% 4,005,888 2,901,551 72% 3,902,719 97% 103,169 Detective 3,029,130 3,013,632 99% 3,583,825 3,311,928 92% 3,941,343 110% (357,518)! Patrol 14,015,461 13,440,565 96% 14,640,315 11,554,141 79% 14,696,309 100% (55,994) Records 1,025,023 735,218 72% 944,493 554,069 59% 693,695 73% 250,798- Adult Jail 21,033,697 18,807,184 89% 22,069,320 16,840,299 76% 21,662,166 98% 407,154! E Court Security 444,617 431,758 97% 424,769 449,372 106% 538,116 127% (113,347); Emergency Services 789,912 543,303 69% 829,997 431,079 52% a 642,989 77% 187,00& Special Services 1,775,588 2,053,196 116% - 2,047,792 1,905,929 93% 2,429,126 119% (381,334) Training 1,626,207 1,786,439 110% 1,907,588 1,526,821 80% 1,901,401 100% - 6,187- Other Law Enforcement 1,389,684 1,510,925 109% 820,836 744,507 91% 1,031,721 126% (210,885)! Non - Departmental 299,998 - 0% - - 0% - 100% TOTAL REQUIREMENTS 54,162,360 51,382,461 95% 59,715,533 46,396,838 78% 59,075,830 99% 639,703: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfer In - TRT 3,651,787 3,651,787 100% 3,651,787 3,043,150 83% 3,651,787 100% Transfer In - General Fund 121,950 121,950 100% 70,000 58,330 83% 70,000 100% Transfers Out - Debt Service (273,000) (272,491) 100% (273,200) (65,089) 24% (273,200) 100% TOTAL TRANSFERS 3,500,737 3,501,246 100% ; 3,448,587 3,036,391 88% 3,448,587 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 17,874,511 17,266,520 97% 14,414,541 15,162,285 105% 15,162,285 105% 747,744, Resources over Requirements (9,214,615) (5,605,481) (10,838,478) 2,169,878 (9,747,109) 1,091,369 Net Transfers - In (Out) 3,500,737 3,501,246 3,448,587 3,036,391 3,448,587 TOTAL FUND BALANCE $ 12,160,633 $ 15,162,285 125% ; $ 7,024,650 $ 20,368,554 290% ; $ 8,863,763 126% ; $1,839,113, Note: Vacant positions are driving projected department savings, with other fluctuations causing projected budget overages A Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 5.50% over FY21-22 vs. 5.55% budgeted B Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 4.79% over FY21-22 vs. 5.45% budgeted C Investment Income projected to come in higher than budget D Investment Income projected to come in higher than budget E Savings due to vacant positions o �' N3"TES ` OG 2< Budget to Actuals Report C. Health Services - Fund 274 FY23 YTD April 30, 2023 (unaudited) RESOURCES State Grant OHP Capitation State Miscellaneous OHP Fee for Service Federal Grants Local Grants Environmental Health Fees Other State - Medicaid/Medicare Patient Fees Medicaid State - Medicare Vital Records Liquor Revenue Divorce Filing Fees Interfund Contract- Gen Fund State Shared- Family Planning Interest on Investments CCBHC Grant TOTAL RESOURCES 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % $ Variance 17,641,302 16,634,837 94% 22,223,536 20,387,390 92% ; 19,211,226 86% (3,012,310); 8,947,837 11,776,144 132% 12,882,624 11,058,341 86% 12,115,681 94% (766,943); 4,129,465 3,518,729 85% 8,901,719 6,701,693 75% 7,977,029 90% (924,690); 3,627,151 4,032,343 111% ° 3,232,620 3,666,470 113% ! 5,008,538 155% 1,775,91& 4,303,483 4,090,251 95% a 2,615,634 1,858,001 71% 2,631,378 101% ° 15,744 1,936,838 3,350,227 173% 2,332,031 2,163,950 93% 1,999,640 86% _ (332,391) 1,086,019 1,213,172 112% 1,238,499 1,237,484 100% 1,351,193 109% 112,694� 884,036 866,362 98% 1,169,317 1,832,941 157% 2,094,011 179% 924,694! 843,050 777,348 92% 807,530 896,582 111% 1,074,793 133% 267,2630 468,415 538,392 115% 615,644 546,819 89% 667,857 108% 52,213! 1,014,100 750,524 74% 430,863 543,669 126% : 652,490 151% 221,627 172,200 194,470 113% 337,614 170,286 50% 204,442 61% (133,172)1 280,000 342,960 122% 300,000 275,080 92% 321,274 107% 21,274 157,000 199,100 127% 177,574 109,997 62% 177,574 100% 173,030 178,331 103% 173,030 63,178 37% 63,178 37% (109,852)! 127,000 127,000 100% 127,000 127,000 100% 0 � � 127,000 100% 152,634 ° � 118,228 77 /0 125,000 115,610 92 ° /o 154,147 123% 29,147, 156,549 101,438 65% 97,750 326,499 334% 380,950 390% 283,200! 2,627,291 38,587 1% - - - - 48.727.400 48,848,440 100% ; 57,787,985 52,080,990 90% 56,212,401 97% ; (1,575,584). REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Administration Allocation - - 999% : - - 0% - 0% Personnel Services 43,994,358 39,393,426 90% 50,658,752 39,343,766 78% 47,565,667 94% 3,093,085! Materials and Services 14,721,284 12,243,043 83% 19,862,800 10,750,808 54% 16,706,476 84% 3,156,325 Capital Outlay 157,000 82,128 52% 457,575 356,379 78% 438,357 96% 19,218! TOTAL REQUIREMENTS 58,872,642 51,718,597 88% 70,979,127 50,450,953 71% 64,710,500 91% 6,268,627: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Fund 5,909,168 5,909,168 100% = 6,608,245 5,506,780 83% 5,435,840 82% (1,172,405); Transfers In- OHP Mental Health - 1,473,586 368,382 25% 539,886 37% (933,700); i Transfers In - TRT 444,417 444,417 100% 418,417 348,680 83% 418,417 100% Transfers Out (230,755) (230,755) 100% (492,306) (452,030) 92% (492,306) 100% TOTAL TRANSFERS 6,122,830 6,122,830 100% ; 8,007,942 5,771,812 72% 5,901,837 74% (2,106,105); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 10,033,946 10,689,975 107% 11,228,719 13,942,649 124% 13,942,649 124% 2,713,929� Resources over Requirements (10,145,242) (2,870,157) (13,191,142) 1,630,037 (8,498,099) 4,693,043! Net Transfers - In (Out) 6,122,830 6,122,830 8,007,942 5,771,812 5,901,837 (2,106,105) TOTAL FUND BALANCE $ 6,011,534 $ 13,942,649 232% ; $ 6,045,519 $ 21,344,498 353% ; ; $ 11,346,387 188% ; $5,300,868: Q�`�, CpG2� Budget to Actuals Report Health Services - Admin - Fund 274 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Federal Grants 1,438,843 1,183,981 82% 454,405 423,371 93% 747,892 165% 293,487, A State Grant 769,319 493,270 64% 379,180 397,027 105% 149,747 39% (229,433)' B OHP Capitation - 436,443 � 367,074 342,044 93 /° ° ' � 367,074 100% Other 9,200 12,146 132% 160,495 157,027 98% ° ° 162,949 102% 2,454! Interest on Investments 156,549 101,438 65% 97,750 326,499 334% 380,950 390% 283,200 CCBHC Grant 486,804 6,938 1% - - -` Patient Fees - 1,124 - - TOTAL RESOURCES 2,860,715 2,235,340 78% ; 1,458,904 1,645,968 113% ; 1,808,612 124% ; 349,708: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 6,904,224 5,832,219 84% 6,738,820 4,917,082 73% 6,059,397 90% 679,423: C Materials and Services 6,580,649 6,134,705 93% 7,010,683 5,509,937 79% 7,104,110 101% (93,427)! Administration Allocation (10,188,902) (10,188,901) 100% (11,228,846) (5,530,452) 49% (11,228,846) 100% TOTAL REQUIREMENTS 3,295,971 1,778,023 54% 2,520,656 4,896,567 194% ; 1,934,661 77% ; 585,996: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In-OHP Mental Health - - 80,771 20,190 25% 0% (80,771): D Transfers Out (219,794) (219,794) 100% (230,635) (192,190) 83% (230,635) 100% TOTAL TRANSFERS (219,794) (219,794) 100% ; (149,864) (172,000) 115% ; (230,635) 154% ; (80,771); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 3,552,000 3,769,942 106% 3,884,332 4,007,465 103% 4,007,465 103% 123,133- Resources over Requirements (435,256) 457,317 (1,061,752) (3,250,599) a (126,049) 935,704, Net Transfers - In (Out) (219,794) (219,794) (149,864) (172,000) (230,635) (80,771)f TOTAL FUND BALANCE $ 2,896,950 $ 4,007,465 138% ; $ 2,672,716 $ 584,866 22% $ 3,650,782 137% ; $978,066: A Projection includes unbudgeted FEMA carryforward from FY22 for vaccine clinics and outreach. B Projected revenue is less than actuals received because the projection excludes unearned revenue. C Personnel projections based on year to date vacancy savings and assume 3% moving forward. D Transfers In from OHP Mental Health Reserves will occur at end of year. No funds are currently projected to be transferred to Admin Services. ovTESC�G�� Budget to Actuals Deport Health Services - Behavioral Health - Find 274 FY23 YTD April 30, 2023 (unaudited) RESOURCES State Grant OHP Capitation State Miscellaneous OHP Fee for Service Federal Grants Local Grants Other Patient Fees Medicaid State - Medicare Liquor Revenue Divorce Filing Fees Interfund Contract- Gen Fund CCBHC Grant 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % $ Variance 11,907,014 12,160,202 102% 15,718,843 14,840,849 94% 12,690,322 81% (3,028,521); A 8,947,837 11,339,701 127% ! 12,515,550 10,716,296 86% 11,748,607 94% a (766,943); B 1,934,643 1,712,171 89% 8,027,373 6,383,525 80% 7,289,862 91% (737,511) 3,627,151 4,009,351 111% 3,214,360 3,642,888 113% 4,979,275 155% 1,764,915; B 2,725,623 2,781,433 102% 2,017,169 1,326,496 66% 1,717,942 85% (299,227) 1,093,055 1,378,335 126% 1,475,139 1,216,078 82% a 1,248,502 85% (226,637); C 682,180 668,038 98% 719,670 601,134 84% 720,571 100% a 901- 372,115 431,526 116% 519,344 432,823 83% 517,998 100% (1,346) 1,014,100 750,524 74% 430,863 543,669 126% 652,490 151% 221,627 172,200 194,470 113% 337,614 170,286 50% 204,442 61% (133,172)! 157,000 199,100 127% 177,574 109,997 62% 177,574 100% 173,030 178,331 103% 173,030 63,178 37% 63,178 37% a (109,852)! D 127,000 127,000 100% 127,000 127,000 100% 127,000 100% 2,140,487 31,649 1% - - ' TOTAL RESOURCES 35,073,435 35,961,830 103% ; 45,453,529 40,174,217 88% 42,137,763 93% ; (3,315,766); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Administration Allocation 7,523,855 7,523,855 100% 8,265,132 4,088,436 49% 8,265,132 100% Personnel Services 26,606,065 24,513,386 92% 32,453,031 25,706,206 79% 30,833,200 95% 1,619,831! E Materials and Services 4,882,963 3,690,305 76% 10,220,652 3,857,700 38% 6,836,094 67% 3,384,557! Capital Outlay 80,000 54,752 68% 225,443 167,104 74% 210,281 93% 15,162- TOTAL REQUIREMENTS 39,092,883 35,782,298 92% ; 51,164,258 33,819,446 66% ; 46,144,707 90% 5,019,551, TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In -General Fund 2,278,087 2,278,087 100% 2,231,439 1,859,490 83% 1,227,695 55% (1,003,744); F Transfers In- OHP Mental Health ! - - 1,392,815 348,192 25% 539,886 39% (852,929); G Transfers Out (10,961) (10,961) 100% (152,921) (151,090) 99% (152,921) 100% TOTAL TRANSFERS 2,267,126 2,267,126 100% ; 3,471,333 2,056,592 59% 1,614,660 47% (1,856,673); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 3,612,014 3,870,664 107% 4,788,795 6,317,144 132% - 6,317,144 132% ' 1,528,349, Resources over Requirements (4,019,448) 179,532 (5,710,729) 6,354,771 (4,006,944) 1,703,785 Net Transfers - In (Out) 2,267,126 2,267,126 3,471,333 2,056,592 1,614,660 (1,856,673); TOTAL FUND BALANCE 1 $ 1,859,692 $ 6,317,322 340% ; $ 2,549,399 $ 14,728,507 578% ; $ 3,924,859 154% ; $1,375,460: A Increase of $1.1 M related to new funds for Aid & Assist ($431 K), a cost of living adjustment ($358K), and carryforward revenue from FY22 ($455k). Projected revenue is less than actuals received because the projection excludes unearned revenue. B A new System of Care wraparound payment was budgeted as part of OHP Capitation, but is coming in as OHP Fee for Service. C Projected revenue is less than actuals received because the projection excludes unearned revenue. D Mediation Program will no longer be managed within Health Services, so funds are transferred out of Health Services E Personnel projections based on year to date vacancy savings and assume 10% moving forward. F Estimating Behavioral Health will return approximately $1 M return of County General Funds in FY23. G Transfers In from OHP Mental Health Reserves will occur at end of year. Fewer funds are currently projected to be transferred to Behavioral Health than budgeted. �TES` OG 2� Budget to Actuals Report L .1�. Health Services - Public Health - Fund 274 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance State Grant 4,964,969 3,981,365 80% 6,125,513 5,149,515 84% 6,371,157 104% 245,644, A Environmental Health Fees 1,086,019 1,213,172 112% 1,238,499 1,237,484 100% 1,351,193 109% 112,694 State Miscellaneous 2,194,822 1,806,557 82% 874,346 318,168 36% 687,167 79% (187,179)! B Local Grants 843,783 1,971,892 234% 856,892 947,872 111% ! 751,138 88% (105,754) C State - Medicaid/Medicare 843,050 777,348 92% 807,530 896,582 111% 1,074,793 133% 267,261 D Vital Records 280,000 342,960 122% 300,000 275,080 92% a 321,274 107% 21,274! Other 192,656 186,177 97% 289,152 1,074,780 372% 1,210,491 419% 921,339! E Federal Grants 139,017 124,837 90% 144,060 108,134 75% 165,544 115% 21,484! State Shared- Family Planning 152,634 118,228 77% 125,000 115,610 92% 154,147 123% 29,147- Patient Fees 96,300 105,742 110% 96,300 113,997 118% , 149,859 156% 53,559- OHP Fee for Service - 22,993 18,260 23,582 129% 29,263 160% 11,003! TOTAL RESOURCES 10,793,250 10,651,270 99% 105875,552 10,260,804 94% 12,266,026 113% ; 1,390,474: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Administration Allocation 2,665,047 2,665,046 100% 2,963,714 1,442,016 49% 2,963,714 100% Personnel Services 10,484,069 9,047,822 86% 11,466,901 8,720,478 76% 10,673,070 93% 793,831! F Materials and Services 3,257,672 2,418,033 74% 2,631,466 1,383,171 53% 2,766,272 105% (134,806)! G Capital Outlay 77,000 27,376 36% 232,132 189,275 82% 228,076 98% 4,056 TOTAL REQUIREMENTS 16,483,788 14,158,277 86% 17,294,213 11,734,939 68% 16,631,132 96% 663,081: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In -General Fund 3,631,081 3,631,081 100% 4,376,806 3,647,290 83% 4,208,145 96% (168,661); H Transfers In - TRT 444,417 444,417 100% 418,417 348,680 83% 418,417 100% Transfers Out - - (108,750) (108,750) 100% (108,750) 100% TOTAL TRANSFERS 4,075,498 4,075,498 100% ; 4,686,473 3,887,220 83% 4,517,812 96% ; (168,661); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 2,869,932 3,049,370 106% 2,555,592 3,618,039 142% 3,618,039 142% 1,062,447. Resources over Requirements (5,690,538) (3,507,006) (6,418,661) (1,474,135) _ (4,365,106) 2,053,555, Net Transfers - In (Out) 4,075,498 4,075,498 4,686,473 3,887,220 4,517,812 (168,661) TOTAL FUND BALANCE $ 1,254,892 $ 3,617,861 288% ; $ 823,404 $ 6,031,125 732% ; $ 3,770,745 458% ; $2,947,341: A Carryforward of unbudgeted funds are related to vacancies in COVID Team and Public Health Modernization; Includes additional funds for Problem Gambling B Projected revenue is less than actuals received because the projection excludes unearned revenue. C Carryforward from FY22 of appx. $40K for Living Well and Diabetes Prevention Programs, as well as reclassifying $60K from Jefferson County for disease investigation. Projected revenue is less than actuals received because the projection excludes unearned revenue. D Medicaid revenue trending more than budgeted for the Family Support Services - Nurse Home Visiting Programs E Revenue over budget is related to receipt of additional Opioid Settlement funds for years 1-3 of two settlements. Currently the resources are not obligated, and will fall to fund balance. F Personnel projections based on year to date vacancy savings and assume 6% moving forward. G Increase in expenditures related to additional funds in Prevention Services, including Tobacco Prevention, Diabetes Prevention, and Alcohol and Drug Prevention. Also includes estimated isolation motel expenses and increase MAC/TCM match amounts. H Due to Health Officer vacancy, anticipate returning associated County General Fund ($168K). o`,�3"(ESc0& Budget to Actuals Report Community Development - Fund 295 FY23 YTD April 30, 2023 (unaudited) RESOURCES Admin - Operations Code Compliance Building Safety Electrical Onsite Wastewater Current Planning Long Range Planning TOTAL RESOURCES REQUIREMENTS Admin - Operations Code Compliance Building Safety Electrical Onsite Wastewater Current Planning Long Range Planning TOTAL REQUIREMENTS 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % $ Variance 138,716 153,688 111% 153,445 126,195 82% 154,095 100% 650, 842,906 995,865 118% 1,171,592 754,503 64% 920,467 79% (251,125)! A 3,819,940 4,325,818 113% 4,821,160 3,349,334 69% a 4,088,100 85% (733,060); A 914,750 979,129 107% 1,022,005 622,467 61% ! 758,005 74% (264,000); A 1,056,678 983,462 93% 1,017,678 578,149 57% 704,073 69% (313,605); A 1,980,521 2,223,570 112% 2,425,334 1,564,549 65% 1,898,184 78% (527,150); A 826,806 880,902 107% 1,064,305 654,455 61% 783,178 74% (281,127), A r 9,580,316 10,542,434 110% ; 11,675,519 7,649,652 66% 9,306,102 80% (2,369,417); Budget Actuals % Budget Actuals % 3,137,795 2,960,981 94% 3,432,980 2,527,811 74% 617,012 618,343 100% 805,614 592,466 74% 2,284,444 2,022,820 89% 2,538,721 1,531,783 60% 556,531 553,223 99% 641,837 438,676 68% 765,935 643,079 84% 753,369 609,308 81% 1,769,333 1,589,882 90% 29062,044 1,267,620 61% 847,839 575,615 68% 998,739 716,109 72% 9,978,889 89963,943 90% 11,2339304 7,683,772 68% ; TRANSFERS Budget Actuals % Budget Actuals % Transfers In - General Fund 290,000 170,661 59% 160,000 113,874 71% Transfers In - CDD Electrical - - - 85,000 Reserve Transfers Out (99,360) (99,360) 100% (112,619) (93,820) 83% Transfers Out - CDD Reserve (461,262) (1,230,508) 267% (958,966) (797,992) 83% TOTAL TRANSFERS (270,622) (1,159,207) 428% ; (911,585) (692,938) 76% ; FUND BALANCE Budget Actuals % Budget Actuals % Beginning Fund Balance 1,432,367 1,749,673 122% 2,096,504 2,168,956 103% Resources over Requirements (398,573) 1,578,491 442,215 (34,119) Net Transfers - In (Out) (270,622) (1,159,207) (911,585) (692,938) TOTAL FUND BALANCE 1 $ 763,172 $ 2,168,956 284% ; $ 1,627,134 $ 1,441,899 89% ; A YTD revenue collection is lower than anticipated due to application volume decrease B Projections reflect unfilled positions C $40K to Current Planning will be transferred as needed D Transfer in from reserves anticipated due to revenue collection less than anticipated E Transfer out projection increased due to reduced expenditures related to unfilled FTE Projection % $ Variance 3,035,185 88% 397,795- B 707,286 e 88% 98,328! B 1,849,250 � 73% � 689,471, B 532,945 83% 108,892! B 730,019 97% 23,350! s 1,567,634 o 76% 494,410! B 913,239 i 91% 85,500!i 9,335,558 83% ; 1,897,746: Projection % $ Variance 160,000 100% C 115,981 115,981, D (112,619) 100% - (984,941) 103% a (25,975) E (821,579) 90% ; 90,006; Projection % $ Variance 2,168,956 103% 72,452, (29,456) (471,671); (821,579) 90,006, ; $ 1,317,921 81% ; ($309,213); oy`��1ES ` °G2� Budget to Actuals Report Road - Fund 325 FY23 YTD April 30, 2023 (unaudited) RESOURCES Motor Vehicle Revenue Federal - PILT Payment Other Inter -fund Services Forest Receipts Sale of Equip & Material Cities-Bend/Red/Sis/La Pine Miscellaneous Interest on Investments Mineral Lease Royalties Federal Reimbursements State Miscellaneous Revenue Not Assigned Assessment Payments (P&I) TOTAL RESOURCES 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % $ Variance 17,485,000 19,740,504 113% 19,483,147 17,145,648 88% _ 20,103,788 103% 620,641: A 2,096,751 2,195,918 105% 2,200,000 2,239,616 102% - 2,239,616 102% 39,616- B 1,221,632 1,254,413 103% 1,311,901 370,688 28% 1,300,901 99% (111000)! 627,207 792,420 126% 882,502 - 0% - 0% (882,502); 449,150 341,833 76% 426,000 340,482 80% 467,192 110% 41,192 560,000 155,269 28% 403,731 266,129 66% 399,488 99% (4,243)! 67,340 68,747 102% 77,610 56,867 73% 84,410 109% 6,800! 59,109 55,083 93% 54,172 89,499 165% - 103,110 190% 48,938C 60,000 148,267 247% 50,000 17,422 35% 50,000 100% ' - - - 7,641 7,641 7,641! i 20,000 20,000 � 20,000! _ - - � � 792,322 792,322! 3,460 16,052 464% 4,497 6,200 6,200! D 22,629,649 24,768,506 109% ; 24,889,063 20,558,489 83% ; 25,574,669 103% ; 685,606, REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 6,916,229 6,751,810 98% 7,802,271 5,965,010 76% 7,309,479 94% 492,792, E Materials and Services 7,843,400 6,877,560 88% 8,246,700 4,080,962 49% 8,039,823 97% 206,877 Capital Outlay 264,500 141,754 54% a 140,025 93,464 67% 137,109 98% 2,917- TOTAL REQUIREMENTS ; 15,024,128 13,771,124 92% 16,188,996 10,139,437 63% 15,486,410 96% 702,585: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers Out (11,757,547) (11,757,547) 100% (12,330,136) (12,330,136) 100% (12,330,136) 100% TOTAL TRANSFERS (11,757,547) (11,757,547) 100% ; (12,330,136) (12,330,136) 100% ; (12,330,136) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 6,383,832 8,566,521 134% 5,892,967 7,806,356 132% 7,806,356 132% 1,913,390: Resources over Requirements 7,605,521 10,997,382 8,700,067 10,419,052 10,088,259 1,388,191! Net Transfers - in (Out) (11,757,547) (11,757,547) (12,330,136) (12,330,136) _ (12,330,136) 2 TOTAL FUND BALANCE $ 2,231,806 $ 7,806,356 350% ; $ 2,262,898 $ 5,895,273 261% ; $ 5,564,479 246% ; $3,301,581: A Updated fall projection per AOC/CRP B Actual payment higher than budget C Investment Income projected to come in higher than budget D Updated based on YTD actuals trending higher than budgeted E Projected Personnel savings based on FY23 average vacancy rate of 6.8% O�`�VCpG(ES�� Budget to Actuals Report Adult P&P - Fund 355 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance DOC Grant in Aid SB 1145 4,202,885 4,734,453 113% 4,734,453 4,734,453 100% 4,734,453 100% CJC Justice Reinvestment 781,597 892,038 114% 892,038 943,172 106% 943,172 106% 51,134- A DOC Measure 57 255,545 244,606 96% 244,606 271,606 111% 271,606 111% 27,000: B State Miscellaneous 138,000 96,068 70% 123,453 61,637 50% 120,000 97% a (3,453)- C Interfund- Sheriff 50,000 55,000 110% ! 50,000 41,667 83% a 50,000 100% Gen Fund/Crime Prevention 50,000 50,000 100% ` 50,000 0% 50,000 100% Oregon BOPPPS 24,281 20,318 84% 20,318 - 0% , - 0% (20,318); D Interest on Investments 45,193 19,125 42% 18,151 54,195 299% a 63,680 351% 45,529� E Electronic Monitoring Fee 2,500 280 11% ! 500 889 178% 1,000 200% 500: F Miscellaneous 500 3,904 781% 500 99 20% B 500 100% DOC-Family Sentence Alt 118,250 58,958 50% - - Probation Work Crew Fees 1,500 - 0% - Probation Supervision Fees 170,000 3,606 2% - - TOTAL RESOURCES 5,840,250 6,178,356 106% ; 6,134,018 6,107,717 100% ; 6,234,411 102% ; 100,393; REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 5,379,503 4,864,354 90% 5,683,822 4,084,400 72% 4,852,339 85% 831,483- G Materials and Services 1,700,412 1,528,224 90% 1,883,614 1,402,575 74% 1,833,503 97% 50,111! H Capital Outlay - - ! 8,475 8,475 100% 8,475 100% TOTAL REQUIREMENTS 7,079,915 6,392,578 90% ; 7,575,910 5,495,450 73% 6,694,317 88% 881,594: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Funds 662,046 662,045 100% 536,369 446,960 83% 536,369 100% Transfer to Vehicle Maint (190,974) (190,974) 100% _ (69,277) (57,730) 83% (69,277) 100% Transfers Out - - a (199,560) (199,560) 100% (199,560) 100% TOTAL TRANSFERS 471,072 471,071 100% ; 267,532 189,670 71% 267,532 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 2,739,775 2,982,055 109% 3,100,000 3,238,905 104% ° 3,238,905 104% ° 138,904� Resources over Requirements (1,239,665) (214,221) (1,441,892) 612,267 (459,905) 981,987! Net Transfers - In (Out) 471,072 471,071 267,532 189,670 267,532 TOTAL FUND BALANCE 1 $ 1,971,182 $ 3,238,905 164% ; $ 1,925,640 $ 4,040,842 210% ; $ 3,046,531 158% ; $1,120,891; A Received additional JRI funding for training, equity plan, and community engagement. B DOC has increased funds for M57. Deschutes County received an additional $27K for housing and curriculum training. C Close out of Adult Treatment Court. No longer accepting new clients. D Hearings officer agreement with board of supervision is payment in even year. Payment will come next year. E Investment Income projected to come in higher than budget F Received additional electronic monitoring restitution payments. G Projected Personnel savings based on FY23 average vacancy rate of 13.9% H Adult Treatment Court Closure and based on other expense trends. COG2< Budget to Actuals Report Q'iv(ES Road CIP - Fund 465 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance State Miscellaneous 2,191,461 1,000,000 46% 1,818,500 - 0% 267,106 15% (1,551,394); A Interest on Investments 279,729 124,832 45% 124,563 283,791 228% 323,870 260% 199,307- B TOTAL RESOURCES 2,471,190 1,124,832 46% 1,943,063 283,791 15% ; ; 590,976 30% (1,352,087); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Materials and Services 109,870 109,870 100% 127,640 106,367 83% 127,640 100% Capital Outlay 29,612,821 7,996,247 27 /o 28,259,526 14,511,092 51% ' 22,785,981 81% 5,473,545a TOTAL REQUIREMENTS 29,722,691 8,106,117 27% 28,387,166 14,617,459 51% ; 22,913,621 81% 5,473,545: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In 12,193,917 10,672,113 88% 14,230,313 9,778,721 69% 14,131,212 99% (99,101), TOTAL TRANSFERS 12,193,917 10,672,113 88% 14,230,313 9,778,721 69% 14,131,212 99% (99,101); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 20,374,044 23,533,004 116% 24,548,274 27,223,832 111% 27,223,832 111% 2,675,558- Resources over Requirements (27,251,501) (6,981,285) (26,444,103) (14,333,668) (22,322,645) 4,121,458� Net Transfers - In (Out) 12,193,917 10,672,113 14,230,313 9,778,721 14,131,212 (99,101); TOTAL FUND BALANCE $ 5,316,460 $ 27,223,832 512% ; $ 12,334,484 $ 22,668,885 184% ; $ 19,032,399 154% ; $6,697,915: A $1 M was budgeted in FY23, but received in FY22 B Investment Income projected to come in higher than budget �°1ESC, I Budget to Actuals Report Road CIP (Fund 465) - Capital Outlay Summary by Project 83.3% FY23 YTD April 30, 2023 (unaudited) Year Completed Fiscal Year 2022 Fiscal Year 2023 Budget Actuals % Budget Actuals _. __. % Projection % $ Variance Terrebonne Refinement Plan € $ 10,000,000 $ - US 20 at Tumalo 6,700,000 - Tumalo Road / Tumalo Place 67,998 Old Bend Rdm/Tumalo Rd Inter - 16,907 NE Negus and 17TH 2,363,532 2,142,875 91% Hunnel Rd: Loco Rd to Tumalo Rd 2,168,940 637,975 29 Transportation System Plan Update 108,510 86,081 79 Gribbling Rd Bridge 279,575 1,710 0% Terrebonne Wastewater Feasibility St. 35,130 Rickard Rd: Groff Rd to US 20 1,716,142 1,391,051 81 Paving Powell Butte Hwy 931,140 1,319,374 142 Smith Rock Way Bridge Replace 505,000 1,869 0% Deschutes Mkt Rd/Hamehook Round 671,000 208,367 31 Paving Cottonwood: Us 97 To BSNF RR 618,144 499,075 81 Paving Desch Mkt Rd: Yeoman Hamehoo 310,838 - 0 Paving Alfalfa Mkt Rd: Mp 4 Dodds 265,000 2,638 1 Paving Of Hamby Rd: Us 20 To Butler 200,000 1,912 1 Powell Butte Hwy/Butler Market RB 150,000 38,562 26% Wilcox Ave Bridge #2171-03 Replacement 100,000 - 0 US 20: Tumalo Multi -Use Path Crossing 1,250,000 1,200,000 96 Highway Warning Systems 2021 - 69,536 Tumalo Wastewater Feasibility Study 219 Paving Tumalo Rd/Deschutes Mkt Rd - 1,640 Slurry Seal2022 - 1,148 Paving of Rosland Rd: US 20 to Draf ' Intersection Safely Improvements ' Hamehook Rd Bridge #16181 Rehabilitation - NW Lower Bridge Way: 43rd St to Holmes Rd - Northwest Way: NW Coyner Ave to NW Altmeter Wy Slurry Seal 2023 Terrebonne Wastewater System Phase 1 - Tumalo Reservoir Rd: OB Riley to Sisemore Rd ' Local Road Pavement Preservation - Paving Butler Market - Hamehook to Powell Butte Old Bend Rdm Hwy - US 20 to Tumalo FY 22 Guardrail Improvements 100,000 114,378 114% FY 23 Guardrail Improvements Redmond District Local Roads 500,000 - 0 Bend District Local Roads 500,000 - 0 Sidewalk Ramp Improvements 75,000 156,557 209% Signage Improvements 100,000 1,843 2% TOTAL CAPITAL OUTLAY $ 29,612,821 $ 7,996,247 27' A Budgeted in FY 22 in project US 20: Cook Ave/OB Riley Rd (Tumalo) B This project will be moved to FY 24 C These projects were re -named to Local Road Pavement Preservation $ 7,319,310 $ 2,200,000 30% $ 2,200,000 30% $ 5,119,310 6,700,000 6,700,000 100% 6,700,000 100% .;A 4,265,216 1,329,573 31% 4,017,815 94% 247,401 • 41,196 77,100 (77,100) 818,500 90,360 11% I 267,106 33% ! 551,394 985,000 79,505 8% 266,699 26% 728,301 1,663,000 463,481 28% i 2,305,294 139% ': (642,294) 443,000 - 0% - 0% 443,000 1,200,000 1,788,826 149% ; 1,788,826 149% (588,826): 333,000 999,285 300% ' 999,286 300% 1 (666,286) 785,000 167,927 21% ; 306,153 39% ; 478,847i 160,000 - 0% I - 0% i 160,000 246,000 32,693 13% 32,693 13% ; 213,308i - 337,183 337,183 (337,183): 380,000 856 0% ': 393,000 103% ! (13,000) 150,000 - 0% 0% 150,000 96,500 227 0% 40,000 41 % 56,500 100,000 155 0% ; 60,000 60% ; 40,000 815,000 - 0% 815,000 100% 300,000 - 0% ; 300,000 100% i 1,000,000 - 0% 0% 1,000,000:B 100,000 0% f 35,000 35% 65,000 200,000 - 0% 0% ' 200,000:C 1,000,000 600,000 150,000 - 0% i 75,000 50 % i 75,000`: "C C 50,000 182,670 365% i 182,670 365% i (132,670) - 97,156 97,156 (97,156) $ 28,259,526; 14,511,092 51V $ 22,785,981 81%:: $ 6,973,546 o`�VCESC-0'_ Budget to Actuals Report Solid Waste - Fund 610 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Franchise Disposal Fees 7,124,000 6,891,500 97% 7,210,000 5,837,296 81% 7,000,000 97% _ (210,000); A Private Disposal Fees 2,827,000 3,191,189 113% 3,337,000 2,335,759 70% 3,020,000 91% (317,000); A Commercial Disp. Fee 2,686,000 3,075,123 114% 3,234,000 2,417,137 75% 2,900,000 90% (334,000); A Franchise 3% Fees 290,000 337,878 117% 305,000 316,805 104% 350,000 115% a 45,000- B Yard Debris i 300,000 268,060 89% 290,000 227,600 78% I t 290,000 100% - C Miscellaneous 55,000 s 88,470 161% 70,000 111,085 i 159% - a 140,000 200% o 70,000, D Interest on Investments 41,599 27,916 67% a 30,498 34,228 112% - 36,000 118% a 5,502- E Special Waste 15,000 37,718 251% 15,000 62,039 414% - 70,000 467% a 55,000, F Recyclables 12,000 12,980 108% - 12,000 5,799 48% 7,000 58% a (5,000); G Leases 1 1 100% 1 1 100% 1 100% TOTAL RESOURCES 13,350,600 13,930,834 104% ; 14,503,499 11,347,750 78% 13,813,001 95% (690,498); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 2,754,132 2,694,834 98% 3,277,684 2,492,014 76% 3,186,927 97% 90,757, Materials and Services 5,651,103 5,192,786 92% 6,473,358 4,019,636 62% 5,927,467 92% 545,891, H Capital Outlay 53,141 76,304 144% 264,000 145,229 55% 154,000 58% 110,000- 1 Debt Service 1,251,615 828,197 66% 1,739,630 745,586 43% 1,739,630 100% TOTAL REQUIREMENTS 9,709,991 8,792,122 91% 11,754,672 7,402,464 63% 11,008,024 94% 746,648, TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance SW Capital & Equipment (6,029,323) (6,029,323) 100% (5,299,665) (3,051,630) 58% (3,453,962) 65% 1,845,703, J Reserve TOTAL TRANSFERS (6,029,323) (6,029,323) 100% ; (5,299,665) (3,051>630) 58% ; (3,453,962) 65% ; 1,845,703, FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 2,972,234 3,957,273 133% ; 3,107,198 3,066,662 99% 3,066,662 99% (40,535); Resources over Requirements 3,640,609 5,138,712 2,748,827 3,945,285 2,804,977 56,150- Net Transfers - In (Out) (6,029,323) (6,029,323) (5,299,665) (3,051,630) (3,453,962) 1,845,703 i � e� s o TOTAL FUND BALANCE $ 583,520 $ 3,066,662 526% ; $ 556,359 $ 3,960,317 712% ; $ 2,417,677 435% ; $1,861,318: A Total disposal fee projections reflect management's best estimate of revenues to be collected. With the completion of some large disposal projects such as the Stevens Ranch Section 11 and decrease in general private usage, YTD total disposal volumes have tapered and are projected to be -2% less than the prior year end. B Annual fees due April 15, 2023; received year-to-date monthly installments from Republic and the annual payment from Cascade Disposal C Revenue is seasonal with higher utilization in summer months D Proceeds from cell 9 rock excavation have positively impacted miscellaneous revenue E Investment Income projected to come in higher than budget F Revenue source is unpredictable and dependent on special clean-up projects of contaminated soil and asbestos (i.e. gas station remediation) G Recycling material values have dropped H Projecting to spend less than anticipated due to the timing of services (waste characterization study, mulch grinding, etc.), adding Site Attendants versus using temporary labor, environmental and general repair and maintenance costs. I Supplier delays and project postponements for the fencing, pick-up, and Negus kiosks move costs to early next fiscal year; Negus push box included in the purchase of the loader in Fund 614 j Projection reflects a reduction to the Fund 613 Capital Projects contribution in FY23 to offset reduced revenues and ensure adequate coverage for FY24 requirements. Q�`�v(ES COG2< Budget to Actuals Report Fair & Expo - Fund 615 FY23 YTD April 30, 2023 (unaudited) 83.3 % Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Events Revenue 578,000 786,724 136% 745,759 768,187 103% 861,000 115% 115,241: Food & Beverage 513,500 792,639 154% ! 415,000 939,564 226% : 1,007,000 243% = 592,000 Rights & Signage 105,000 38,192 36% 105,000 81,184 77% 124,000 118% 19,000 Storage 77,500 46,525 60% 65,000 44,667 69% 46,000 71% (19,000)1 Horse Stall Rental 71,500 66,636 93% 49,000 44,625 91% 68,000 139% 19,000 Camping Fee 19,500 11,675 60% 20,000 3,475 17% 11,000 55% (9,000); Interest on Investments i 474 5,301 999% 5,221 13,158 252% 15,630 299% 10,409, A Miscellaneous 250 2,032 813% 3,554 3,313 93% 4,155 117% 601! Interfund Payment 30,000 30,000 100% TOTAL RESOURCES 1,395,724 1,779,723 128% ; 1,408,534 1,898,173 135% ; 2,136,785 152% ; 728,251: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 1,118,980 1,129,821 101% 1,256,902 1,041,616 83% 1,177,175 94% 79,727, B Personnel Services - F&B 181,593 200,062 110% 170,247 73,847 43% 107,867 63% 62,380! C Materials and Services 818,804 852,050 104% 965,684 929,159 96% 1,116,000 116% (150,316) Materials and Services - F&B 282,500 342,748 121% 273,950 566,757 207% 612,000 223% (338,050) Debt Service 103,000 101,799 99% 101,270 57,050 56% 101,270 100% l TOTAL REQUIREMENTS 2,504,877 2,626,480 105% ; 2,768,054 2,668,429 96% 3,114,313 113% ; (346,259); TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In - Room Tax 1,093,513 1,049,581 96% 1,101,342 917,780 83% 1,054,254 96% (47,088); D Transfers In - Park Fund 30,000 30,000 100% 30,000 25,000 83% 30,000 100% Transfers In - County Fair 150,000 150,000 100% - - Transfers Out (310,777) (310,777) 100% (427,215) (356,010) 83% (427,215) 100% TOTAL TRANSFERS 962,736 918,804 95% ; 704,127 586,770 83% 657,039 93% (479088); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 750,673 923,473 123% = 971,352 995,519 102% 995,519 102% 249167, Resources over Requirements (1,109,153) (846,757) (1,359,520) (770,256) (977,528) 381,992 Net Transfers - In (Out) 962,736 918,804 704,127 586,770 657,039 (47,088) TOTAL FUND BALANCE $ 604,256 $ 995,519 165% ; $ 315,960 $ 812,033 257% ; ; $ 675,031 214% ; $359,071: A Investment Income projected to come in higher than budget B Projected Personnel savings based on FY23 average vacancy rate of 20% C Projected Personnel based on vacancy savings to date D Transfers expected to be higher than budget due to increased Room Tax revenue Q`,�uTC ES0GZ< Budget to Actuals Report Annual County Fair - Fund 616 FY23 YTD April 30, 2023 (unaudited) RESOURCES Gate Receipts Concessions and Catering Carnival Commercial Exhibitors Fair Sponsorship State Grant Rodeo R/V Camping/Horse Stall Rental Livestock Entry Fees Merchandise Sales Interest on Investments TOTAL RESOURCES REQUIREMENTS Personnel Services Materials and Services TOTAL REQUIREMENTS 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % $ Variance 550,000 738,029 134% 710,000 782,364 110% 782,424 110% 72,424, 385,000 526,737 137% 505,000 815,458 161% 815,461 161% 310,461! 330,000 415,716 126% 385,000 433,682 113% 433,682 113% 48,682- 110,000 86,200 78% 80,000 117,100 146% - 117,100 146% 37,100a 83,500 51,035 61% 61,000 105,680 173% - 109,370 179% 48,370� 52,000 53,167 102% 53,167 53,167 100% - 53,167 100% 20,000 24,050 120% 24,000 28,890 120% - 30,970 129% 6,970- 25,500 19,815 78% 20,000 17,520 88% 17,520 88% (2,480) 4,500 - 0% 5,000 1,925 39% 2,169 43% (2,831) - 5,239 3,500 3,245 93% 3,245 93% (255) - 2,683 2,713 11,411 421% ! 14,190 523% 11,477, A 1,560,500 1,922,671 123% ; 1,849,380 2,370,442 128% ; 2,379,297 129% ; 529,917: Budget Actuals % Budget Actuals 155,959 36,681 24% 169,445 153,020 90% 1,312,172 1,316,102 100% 1,682,585 1,816,160 108% 1,468,131 1,352,783 92% 1,852,030 1,969,180 106% ; TRANSFERS Budget Actuals % Budget Actuals % Transfer In -TRT 1% 75,000 75,000 100% 75,000 62,500 83% Transfer Out - Fair & Expo (150,000) (150,000) 100% - - Transfers Out (231,706) (193,080) 83% TOTAL TRANSFERS (75,000) (75,000) 100% ; (156,706) (130,580) 83% ; FUND BALANCE Budget Actuals % Budget Actuals Beginning Fund Balance (109,033) 999% 384,715 385,854 100% Resources over Requirements 92,369 569,888 (2,650) 401,262 Net Transfers - In (Out) (75,000) (75,000) (156,706) (130,580) TOTAL FUND BALANCE ; $ 17,369 $ 385,854 999% ; $ 225,358 $ 656,536 291% A Investment Income projected to come in higher than budget Projection % $ Variance 182,360 108% (12,915); 1,877,585 112% (195,000), 2,059,945 111% ; (207,915); Projection % $ Variance 75,000 100% (231,706) 100% (156,706) 100% ; Projection % $ Variance 385,854 100% 1,139, 319,352 322,002, (156,706) $ 548,500 243% ; $323,142, \\VIES C-0& Budget to Actuals Report Annual County Fair - Fund 616 Fair 2023 Actuals to 2023 Fair 2022 Date Projection RESOURCES Gate Receipts $ 782,364 $ - $ 775,000 Carnival 433,682 430,000 Commercial Exhibitors 436,292 , - 433,200 Livestock Entry Fees 1,925 _ - 2,000 RN Camping/Horse Stall Rental 17,392 - 17,250 Merchandise Sales 3,245 " - 2,500 Concessions and Catering 497,366 - 475,000 Fair Sponsorship 126,300 4,910 69,735 TOTAL FAIR REVENUES $ 2,298,566 $ 4,910 $ 2,204,685 OTHER RESOURCES State Grant 53,167 - 53,167 Interest 5,794 4,094 12,140 Miscellaneous 3 - - TOTAL RESOURCES $ 2,357,526 y $ 9,004 $ 2,269,992 REQUIREMENTS Personnel 102,763 59,258 142,464 Materials & Services 1,722,703 50,111 1,968,458 TOTAL REQUIREMENTS $ 1,825,466 _ $ 109,369 $ 2,110,922 TRANSFERS Transfer In - TRT 1 % Transfer Out - F&E Reserve Transfer Out - Fair & Expo TOTAL TRANSFERS Net Fair Beginning Fund Balance on Jan 1 Ending Balance 68,750 '111 25,000 75,000 (96,540) 1 (77,232) (308,928) $ (27,790) y $ (52,232) $ (233,928) $ 504,270 w� $ (152,597) $ (74,858) $ 448,151$ 952,421 $ 952,421 $ 952,421 $ 799,824 $ 877,563 v1ESC0GZ� Budget to Actuals Report Fair & Expo Capital Reserve -Fund 617 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Interest on Investments 8,544 8,012 94% 7,414 32,528 439% 37,140 501% 29,726- A i Local Government Payments - - - 100,000 ' 277,777 ' 277,777, B TOTAL RESOURCES 8,544 8,012 94% 7,414 132,528 999% ; 314,917 999% ; 307,503; REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Materials and Services 180,000 8,564 5% 220,000 52,783 24% ' 220,000 100% Capital Outlay 388,000 (894) 0% 650,000 155,923 24% 650,000 100% a C TOTAL REQUIREMENTS ; 568,000 7,670 1% 870,000 208,706 24% ; 870,000 100% ; TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In -TRT 1% 498,901 479,502 96% 501,683 418,060 83% _ 481,504 96% (20,179); D Transfers In - Fair & Expo 300,000 300,000 100% 416,437 347,030 83% 416,437 100% Transfers In -Annual County Fair - - 231,706 193,080 83% 231,706 100% TOTAL TRANSFERS 798,901 779,502 98% 1,149,827 958,170 83% 1,129,648 98% (20,179); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 1,101,663 1,029,596 93% 1,299,942 1,809,440 139% 1,809,440 139% 509,4W Resources over Requirements (559,456) 342 (862,586) (76,178) _ (555,083) 307,503! Net Transfers - In (Out) 798,901 779,502 1,149,827 958,170 1,129,648 (20,179); TOTAL FUND BALANCE a $ 1,341,108 $ 1,809,440 135% ; $ 1,587,183 $ 2,691,432 170% ; $ 2,384,005 150% ; $796,822: A Investment Income projected to come in higher than budget B Awarded a grant for 278k which will help offset the budgeted HVAC replacement expenses C Capital Outlay appropriations are a placeholder should viable projects be recommended and approved for construction D Transfers expected to be lower than budget due to decreased Room Tax revenue Q`�uTES c06 Budget to Actuals Report RV Park - Fund 618 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance RV Park Fees < 31 Days 495,000 551,683 111% < 605,000 422,674 70% 485,212 80% (119,788); A Cancellation Fees - 15,725 14,000 6,435 46% 11,830 85% (2,170) RV Park Fees > 30 Days 10,500 8,499 81% 13,000 10,249 79% 11,000 85% (2,000); B Washer/Dryer 5,000 3,476 70% 4,200 4,162 99% 5,061 121% a 861- Miscellaneous 2,500 3,731 149% 3,750 1,984 53% 2,522 67% (1,228) Vending Machines 2,500 1,021 41% 1,750 1,052 60% 1,500 86% (250); Interest on Investments 2,024 578 29% 552 2,332 423% 2,740 496% - 2,188- C TOTAL RESOURCES 517,524 584,713 113% ; 642,252 448,888 70% ; 519,865 81% (122,387); REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 19,456 1,643 8% 111,153 63,673 57% 84,397 76% 26,756- D Materials and Services 310,805 242,863 78% 259,755 159,471 61% 198,217 76% 61,538! Debt Service 221,927 221,629 100% 223,273 165,533 74% 223,273 100% TOTAL REQUIREMENTS 552,188 466,135 84% 594,181 388,678 65% 505,887 85% 88,294. TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In - Park Fund 160,000 160,000 100% 160,000 160,000 100% 160,000 100% - Transfers In -TRT Fund ! 20,000 20,000 100% 20,000 16,660 83% 20,000 100% Transfer Out - RV Reserve (132,042) (132,042) 100% (261,566) (217,970) 83% (261,566) 100% TOTAL TRANSFERS 47,958 47,958 100% ; (81,566) (41,310) 51% ; ; (81,566) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance - 116,415 166,536 143% 166,536 143% 50,121� Resources over Requirements (34,664) 118,578 48,071 60,211 13,978 (34,093)! Net Transfers - In (Out) 47,958 47,958 (81,566) (41,310) (81,566) TOTAL FUND BALANCE $ 13,294 $ 166,536 999% ; $ 82,920 $ 185,437 224% ; $ 98,948 119% ; $16,028: A Expecting less volume due to higher fuel prices and economic concerns B Expecting less volume due to new RV park in Redmond offering stays longer than 45 days C Investment Income projected to come in higher than budget D Projected Personnel based on vacancy savings to date VTES C'0G/' Budget to Actuals Report RV Park Reserve - Fund 619 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Interest on Investments 7,546 6,354 84% ! 6,298 18,072 287% 20,850 331% 14,552: A TOTAL RESOURCES 7,546 6,354 84% ; 6,298 18,072 287% ; ; 20,850 331% ; 14,552: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Capital Outlay 100,000 885 1% 100,000 5,532 6% 100,000 100% B TOTAL REQUIREMENTS 100,000 885 1% 100,000 5,532 6% 100,000 100% ; TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfer In - RV Park Ops 132,042 132,042 100% 261,750 217,970 83% 261,566 100% (184)= TOTAL TRANSFERS 132,042 132,042 100% ; 261,750 217,970 83% 261,566 100% ; (184); FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 784,466 1,054,426 134% 1,172,718 1,191,937 102% 1,191,937 102% 19,219, Resources over Requirements (92,454) 5,469 (93,702) 12,539 (79,150) 14,552 Net Transfers - In (Out) 132,042 132,042 261,750 217,970 261,566 (184) TOTAL FUND BALANCE $ 824,054 $ 1,191,937 145% ; $ 1,340,766 $ 1,422,446 106% ; $ 1,374,353 103% ; $33,587: A Investment Income projected to come in higher than budget B Capital Outlay appropriations are a placeholder o`1231ESC-0 Budget to Actuals Report Risk Management - Fund 670 FY23 YTD April 30, 2023 (unaudited) 83.3% Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Workers' Compensation 1,120,766 1,164,543 104% 1,234,761 1,021,775 83% 1,234,761 100% General Liability 944,278 940,773 100% 892,681 743,901 83% 892,681 100% Unemployment 323,572 334,147 103% 430,179 338,525 79% 430,179 100% A Property Damage 393,546 409,593 104% 419,566 349,638 83% 419,566 100% Vehicle I 227,700 227,700 100% 248,764 207,303 83% 1 248,764 100% i Interest on Investments 101,111 I 50,142 50% 49,346 125,470 I I 254% I 145,570 295% 1 96,224, B Claims Reimbursement 25,000 1,280,876 999% 25,000 6,476 26% 15,000 60% (10,000); Skid Car Training I 10,000 - 0% 10,000 3,251 33% 4,000 20% 1 (8,000): C Process Fee- Events/ Parades 1,000 1,485 149% 1,000 1,035 104% _ 1,100 100% Miscellaneous - 180 180 0% 180 100% TOTAL RESOURCES 3,146,973 4,409,440 140% ; 3,311,477 2,797,374 84% 3,389,701 102% ; 78,224: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance General Liability 3,600,000 2,706,359 75% 3,000,000 414,093 14% 1,500,000 50% 1,500,000, D Workers' Compensation I 1,580,000 953,365 60% 1,580,000 1,211,548 77% 2,000,000 127% (420,000)! E Insurance Administration 547,047 491,393 90% 607,558 486,920 80% 620,833 102% (13,275); Property Damage I 300,245 604,926 201% 300,248 99,298 33% 1 200,000 67% I 100,248, F Vehicle i 200,000 137,356 69% 200,000 175,910 88% t 200,000 100% E Unemployment 200,000 i 89,053 45% 200,000 - i 0% 1 200,000 100% i TOTAL REQUIREMENTS 6,427,292 4,982,451 78% 5,887,806 2,387,770 41% ; 4,720,833 80% 1,166,973: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers Out -Vehicle (3,500) (3,500) 100% (3,500) (2,910) 83% (3,500) 100% Replacement TOTAL TRANSFERS (3,500) (3,500) 100% ; (3,500) (2,910) 83% (3,500) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 8,329,115 9,521,450 114% 7,687,180 8,944,938 116% 8,944,938 116% 1,257,758, Resources over Requirements (3,280,319) (573,012) (2,576,329) 409,605 (1,331,132) 1,245,197, Net Transfers - In (Out) (3,500) (3,500) (3,500) (2,910) a (3,500) TOTAL FUND BALANCE $ 5,045,296 $ 8,944,938 177% ; $ 5,107,351 $ 9,351,633 183% ; $ 7,610,306 149% ; $2,502,955, A Unemployment collected on first $25K of employee's salary in fiscal year B Investment Income projected to come in higher than budget C Skid Car training resuming; there will be revenue from public participation D Claims are trending lower than budget E Claims are trending higher than budget F FY22 had abnormally high property damage; anticipating less in FY23 o� uTES C, �{ 0 Budget to Actuals Report L� Health Benefits -Fund 675 FY23 YTD April 30, 2023 (unaudited) RESOURCES Internal Premium Charges COIC Premiums Employee Co -Pay Retiree / COBRA Premiums Prescription Rebates Interest on Investments Claims Reimbursement & Other TOTAL RESOURCES REQUIREMENTS Health Benefits Deschutes On -Site Pharmacy Deschutes On -Site Clinic Wellness TOTAL REQUIREMENTS FUND BALANCE 83.3% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 Budget Actuals % Budget Actuals % Projection % $ Variance 18,767,900 19,164,548 102% 19,908,221 16,487,541 83% a 19,913,842 100% 5,621, 1,589,000 1,255,305 79% 1,547,778 1,481,842 96% 1,768,795 114% 221,017- 1,200,000 1,238,034 103% 1,282,015 1,035,449 81% 1,247,416 97% (34,599) 1,060,000 1,438,217 136% 595,000 663,657 112% ' 988,174 166% 393,174- 128,000 396,119 309% 175,000 403,780 231% : 480,000 183% 145,000- A 200,277 90,816 45% 95,686 155,542 163% 187,030 195% 91,344! B 82,000 1,487,600 999% 55,000 109,217 199% 120,138 218% 65,138! 23,027,177 25,070,639 109% ; 23,658,700 20,337,028 86% 24,545,395 104% ; 886,695: Budget Actuals % Budget Actuals % 25,140,847 24,583,764 98% 21,597,563 18,427,847 85% 2,970,575 3,381,197 114% 3,779,608 2,699,694 71% 1,141,829 1,190,855 104% 1,212,497 885,963 73% 171,142 138,211 81% 179,549 122,118 68% 29,424,393 29,294,027 100% ; 26,769,217 22,135,623 83% ; Budget Actuals % Budget Actuals Beginning Fund Balance 14,772,618 15,527,580 105% 11,925,656 11,304,191 95% Resources over Requirements (6,397,216) (4,223,389) (3,110,517) (1,798,595) Net Transfers - In (Out) - - - TOTAL FUND BALANCE $ 8 375,402 $ 11,304,191 135% : $ 8,815,139 $ 9,505,596 108% A Budget estimate is based on claims which are difficult to predict Investment Income projected to come in higher than budget C Amounts are paid 1 month in arrears Projection % $ Variance 24,890,813 115% (3,293,250); C 3,781,941 100% (2,333); C 1,254,180 103% (41,683); C 170,539 95% 9,010. C 30,097,473 112% ; (3,328,256); Projection % $ Variance e 11,304,191 95% (621,465); e � (5,552,078) (2,441,561); $ 5,752,112 65% ($3,063,027), Q`�V(ES C-0 Budget to Actuals Report 911 - Fund 705 and 710 83.3% FY23 YTD April 30, 2023 (unaudited) Year Complete Fiscal Year 2022 Fiscal Year 2023 RESOURCES Budget Actuals % Budget Actuals % Projection % $ Variance Property Taxes - Current Yr 9,803,579 9,931,743 101% 10,402,834 10,214,874 98% 10,421,062 100% 18,228: A Telephone User Tax 1,106,750 1,815,283 164% 1,668,000 920,835 55% 1,668,000 100% B State Reimbursement 60,000 123,282 205% 810,000 607,177 75% 810,000 100% C Police RMS User Fees 236,576 237,221 100% 237,221 244,437 103% 244,437 103% 7,216! D Contract Payments 147,956 157,552 106% 153,292 150,434 98% 153,292 100% User Fee 233,576 140,986 60% 140,445 122,383 87% 140,445 100% Data Network Reimbursement 162,000 244,799 151% 120,874 155,825 129% 165,985 137% 45,111! Property Taxes - Prior Yr 115,000 92,601 81 % 80,000 76,575 96% 80,000 100% Interest on Investments 96,867 69,988 72% 67,515 202,404 300% 235,120 348% 167,605! E Property Taxes - Jefferson Co. 38,344 37,525 98% 39,497 37,230 94% 39,497 100% Miscellaneous 18,658 45,553 244% 25,000 29,935 120% 32,822 131% 7,822! TOTAL RESOURCES 12,019,306 12,896,533 107% ; 13,744,678 12,762,109 93% ; 13,990,660 102% ; 245,982: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Expenditures - - 64,754 - 0% - 0% 64,754, Personnel Services 8,005,795 7,462,327 93% 8,606,196 6,368,352 74% 7,479,619 87% 1,126,577! F Materials and Services 3,582,212 2,915,749 81% 4,088,201 2,662,425 65% 4,088,201 100% Capital Outlay 2,975,000 518,824 17% 4,950,346 1,660,862 34% 5,075,000 103% (124,654) TOTAL REQUIREMENTS 14,563,007 10,896,900 75% 17,709,497 10,691,638 60% 16,642,820 94% 1,066,677: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In 4,804,813 4,804,813 100% 1,750,000 1,750,000 100% 1,750,000 100% Transfers Out (4,804,813) (4,804,813) 100% (1,809,900) (1,809,900) 100% (1,809,900) 100% TOTAL TRANSFERS - - 0% ; (59,900) (59,900) 100% ; (59,900) 100% ; FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 11,850,783 10,709,072 90% 12,950,799 12,708,705 98% 12,708,705 98% (242,094); Resources over Requirements (2,543,701) 1,999,633 (3,964,819) 2,070,471 (2,652,160) 1,312,659- Net Transfers - In (Out) - (59,900) (59,900) (59,900) TOTAL FUND BALANCE $ g 307,082 $ 12,708,705 137% ; $ 8,926,080 $ 14,719,275 165% ; ; $ 9,996,645 112% ; $1,070,565: A Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 5.50% over FY21-22 vs. 5.55% budgeted B Telephone tax payments are received quarterly C State GIS reimbursements are received quarterly D Invoices are mailed in the Spring E Investment Income projected to come in higher than budget F Projected Personnel savings based on FY23 average vacancy rate of 15% E S <-OGZa MEETING DATE: May 31, 2023 SUBJECT: Select eligible grantee for the 2023-25 Oregon Community Dispute Resolution Grant Program RECOMMENDED MOTION: Move approval of Community Solutions as grantee for 2023-25 Oregon Community Dispute Resolution Grant Program. BACKGROUND AND POLICY IMPLICATIONS: Every two years, the University of Oregon School of Law's Oregon Office for Community Dispute Resolution (OOCDR) makes grants available to eligible applicants for the purpose of providing mediation services. Grant applications are solicited through a publicly advertised process coordinated by OOCDR in partnership with Oregon counties. The Deschutes County Board of Commissioners adopted Resolution 2023-016 on March 22, 2023 (attached) stating intent to participate and engage in the selection process. Following adoption of the resolution, staff advertised the availability of funds and solicited applications. In response, the County and OOCDR received an application from Community Solutions, a local non-profit mediation, facilitation, and dispute resolution education provider. The OOCDR has determined that Community Solutions meets the criteria for an eligible grantee to receive funds. Therefore, upon receipt of notification from the Deschutes County Board of Commissioners, the OOCDR will directly enter into an agreement with Community Solutions for the 2023-25 biennium. BUDGET IMPACTS: None. The OOCDR will enter into a grant agreement with Community Solutions and disburse funds directly to the selected grantee. ATTENDANCE: Stephanie Robinson, Administrative Analyst UNIVERSITY OF 0 � ®REGON I School of Law May 3, 2023 Deschutes County Board of Commissioners Re: 2023-2025 Grant Eligibility Notification County(ies): Deschutes, Crook & Jefferson Dear Stephanie Robinson, The Oregon Office for Community Dispute Resolution (OOCDR) has completed its review of the applications submitted for your county to receive funding under ORS Chapter 36 and University of Oregon policy. I am pleased to inform you that Community Solutions of Central Oregon is qualified as an eligible applicant to receive grant funds from this office. Grants are subject to authorization and appropriation of funding by the Oregon Legislative Assembly for the 2023-2025 biennium. Next steps for your county: Please inform OOCDR which of the above organizations has been selected to receive grant funds to support community dispute resolution services in your county by no later than June 16, 2023. As soon as the legislature makes final funding determinations for this office, I will work with the School of Law Dean and University Contracting to finalize the grant award contracts with selected grant recipients as efficiently as possible. Thank you, and your county colleagues, for participating in the selection process for community dispute resolution funds for your county. Questions? Please ask! Best, Patrick Sponsler, MPA OOCDR Administrator Oregon Office for Community Dispute Resolution Patrick Sponsler, MPA 1515 Agate St. Eugene, OR. 97403 541-346-1623 1 sponsler@uoregon.edu REVIEWED %pl— LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution in the Matter of Participation in Funding Activities of the Oregon Office for Community Dispute Resolution RESOLUTION NO. 2023-016 WHEREAS, the Deschutes County Board of Commissioners believes that the settlement of disputes by mediation may lead to more long-lasting and mutually satisfactory agreements; and WHEREAS, mediation may reduce the need for time-consuming and costly litigation; and WHEREAS, the Oregon Legislature has charged the University of Oregon on behalf of the University of Oregon School of Law (Grantor) with the responsibility to foster the development of community mediation programs by making grant monies available to participating Counties; and WHEREAS, any County wishing to participate must formally notify Grantor of its intent to participate; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Deschutes County hereby notifies Grantor of its desire to be a participant in the expenditure of funds for community dispute resolution programs within Deschutes County and agrees to engage in a selection process and to select as funding recipients those entities both qualified by the standards and guidelines adopted by Grantor and capable of and willing to provide community dispute resolution services according to the rules adopted by Grantor. Section 2. This resolution shall take effect upon its adoption by Deschutes County. Dated thi; of %'y Apt e�-- , 2023 ATTEST: cordi Se - ary PAGE 1 OF 1 — RESOLUTION NO. 2023-016 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON tiGN , Chair PAT` I ADAIR., Vice Chair PHIL CHANG, Corfrinissioner 0 UNIVERSITY OF � OREGON February 1, 2023 School of Law Deschutes County Board of Commissioners 1300 N.W. Wall Street, Suite 200 Bend, OR. 97701 Dear Anthony DeBone, This is an invitation for your County to participate in the selection process for the 2023-2025 Community Dispute Resolution Program (CDRP) Grant Funds pursuant to ORS 36.160. Assuming funding for 2023-2025 is reauthorized by the 2023 Legislature at the same level as the prior biennium, grant funds for your county will be approximately $45,907.00 for the period July 1, 2023 -June 30, 2025. The funding for these grants is currently derived from an appropriation from the general fund for the purpose of providing dispute resolution services in counties and will be allocated per University of Oregon policy 1.034.02. Below and attached the same email as this letter is all of the information necessary to proceed with the Request for Application (RFA) process. The first step in the local selection process is the County's adoption of a resolution to participate. ORS 36.160 requires that a County notify the Oregon Office for Community Dispute Resolution (OOCDR) of its intent to participate in the selection process to award grant funds. A sample county resolution is provided in the enclosed RFA packet. Upon your County's adoption of the resolution, please send a copy to the OOCDR. Following is the timeline for the 2023-2025 grant process: March 31, 2023 County Commission adopts a resolution confirming its desire to participate in the process (sample attached). April 1, 2023 County advertises a notice of availability of grant funds and announces the application process (sample of notice included). The County and Grantor make RFA packet available to interested applicants. April 29, 2023 Applications must be received by 5:00 p.m. at the County's address and at Grantor's email address. Late applications may not be considered. May 19, 2023 Additional information requested by Dean due in at the County and the offices of Grantor. May 30, 2023 Grantor issues notices of eligibility to applicants and County. June 5, 2023 Any appeals from applicants determined ineligible by the Grantor must be received by 5:00 pm. Oregon Office for Community Dispute Resolution 1515 Agate St. Eugene, OR. 97403 541-346-1623 1 uoregon.edu An equal -opportunity, affirmative -action institution committed to cultural diversity and compliance with the Americans with Disabilities Act 0 UNIVERSITY OF � ®REGON ISchool of Law June 16, 2023 County Commission selects grantee(s) and notifies Grantor of selection. June 30, 2023 Grantor enters into Grant Agreement with the grantee(s). According to University of Oregon policy, each County Commission needs to designate a County dispute resolution program coordinator. OOCDR staff provides technical assistance and advice to this County staff person to make sure the process runs as smoothly as possible. If you have received this letter and are not the County's dispute resolution program coordinator, please forward these materials to the proper person. OOCDR encourages collaboration in all phases of the grantee selection process. In some Counties there will be only one interested and qualified applicant. However, if your County receives applications from more than one qualified applicant, we encourage you to have conversations with all applicants to determine whether there are ways for them to work together to best provide dispute resolution services in your County. You may elect to opt out of the selection process if you desire. In that case, the Dean of the University of Oregon School of Law will assume the county's role in the process. If this is your choice, please provide OOCDR with a written notice to opt out by March 31, 2023. Questions? Please ask! Thank you in advance for your support. Best, Patrick Sponsler, MPA sponsler@uoregon.edu OOCDR Administrator Oregon Office for Community Dispute Resolution 1515 Agate St. Eugene, OR. 97403 541-346-1623 1 uoregon.edu An equal -opportunity, affirmative -action institution committed to cultural diversity and compliance with the Americans with Disabilities Act tuy��vS E S COG2a MEETING DATE: May 31, 2023 SUBJECT: FY23 Q3 Service Partner Work Plan Updates RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: Each year, the Board of County Commissioners allocates video lottery funds to thirteen service partner organizations. Each service partner agrees to provide the services set forth in an annual work plan, drafted in partnership with the county. After submitting a quarterly work plan update to demonstrate their work plan service goals are on target, service partners receive their quarterly grant award. In Q3, two organizations did not meet their quarterly work plan goals and staff seeks board direction on issuing the Q3 grant award. Healthy Beginnings: Due to a vacancy in the screening program manager role, Healthy Beginnings has completed 148 of 475 pre-school or development/behavior screenings for children, ages 0-6. In Q3, 65 children were screened, compared to 27 in Q2 and 56 in Q1. Latino Community Association: Cumulative percentage of outcomes for these activites are below desired work plan outcome, although reporting can be delayed. • Clients who gain affordable health insurance or wraparound support at 85%, with goal of 95% • Legal clients who receive their service goal at 83%, with goal of 95% • Clients passing the citizenship exam at 71 % with goal of 90% Options staff are proposing include: 1) Invite organizations to present at a future board meeting and hold Q3 payment pending those presentations. 2) Hold Q3 payment and revisit it after receiving Q4 work plan service goals report and ascertaining if work plan goals are met. 3) Issue Q3 payment and continue to carefully monitor work plan service goals in Q4. BUDGET IMPACTS: Planned expenditures are included in FY23 Video Lottery (Fund 165) budget. ATTENDANCE: Stephanie Robinson, Administrative Analyst 05/30/2023 To: Enterprise Community Partners Re: Support for Housing Affordability Breakthrough Challenge - Round 2 Dear Whom It May Concern, Deschutes County has supported Kor Community Land Trust's affordable homeownership communities since 2022 with both land sales and housing subsidies. Kor Community Land Trust's expansive pipeline and attention to compliance has solidified its strong relationship with Deschutes County. This innovative partnership will connect residents with resources to support upward mobility by offering a new model that increases housing choice for both renters and homebuyers. Through this partnership, residents living in Housing Works' affordable rentals would receive preference to purchase a Kor sale or resale in their current neighborhood. This allows the resident to advance in their financial stability without being displaced from their community and in turn their children's school district and established family supports, like daycare centers and churches. In a time when affordable housing is one of the greatest needs in Central Oregon, this innovation makes a real impact in achieving that goal. Deschutes County supports Kor Community Land Trust and Housing Works' partnership to ensure more Central Oregonians can move through the continuum of affordable housing throughout their lifecycle. Most recently, Deschutes County awarded 7 acres of land to sell to Housing Works and Kor Community Land Trust to develop their Bend pilot of its Housing Affordability Breakthrough Challenge. Deschutes County is also in discussions to sell land in rural La Pine, OR to Kor Community Land Trust to expand this innovation. Deschutes County Commissioners wholeheartedly supports Enterprise Community Partners' consideration of funding Kor Community Land Trust within the Housing Affordability Breakthrough Challenge, as it would ensure this pilot can be recreated across the County. The Deschutes County Board of Commissioners Anthony DeBone Patti Adair Phil Chang Chair Vice Chair Commissioner 1300 NW Wall Street Bend, Oregon 97703 AZ (541)388-6572 board@deschutes.org @www,deschutes.org �v1 E S CO BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, MAY 31, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.org AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. Alternatively, comments may be submitted on any topic at any time by emailing citizeninput@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting from a computer, copy and paste this link: bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you are called on. 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, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. 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. CONSENT AGENDA 1. Consideration of Board Signature on letters of thanks to Dan Ellingson and Kelly Madden for service on the Deschutes County Historic Landmarks Commission 2. Approval of minutes of the May 12 and May 19, 2023 BOCC Legislative Update meetings 3. Approval of minutes of the April 24, April 26, May 1 and May 10, 2023 BOCC meetings ACTION ITEMS 4. 9:10 AM Presentation of 25-year service awards to Darrell Loveland and Brian Hayward 5. 9:20 AM Community Development Department Draft Fiscal Year 2023-24 Work Plan and 2022 Annual Report / Public Hearing 6. 10:05 AM Public Hearing: Griffin/Renfro Plan Amendment and Zone Change for approximately 40 acres south of Bear Creek Road and east of Hamby Road 7. 10:50 AM Deliberations: 4Peaks 2024 Outdoor Mass Gathering Permit 8. 11:30 AM Notice of Intent to Award a contract for the Slurry Seal 2023 Project 9. 11:40 AM Acceptance of Trauma Informed Response Training Grant LUNCH RECESS ACTION ITEMS —continued 10. 1:00 PM Finance Report for April 2023 11. 1:20 PM Select eligible grantee for the 2023-25 Oregon Community Dispute May 31, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 Resolution Grant Program 12. 1:25 PM FY23 Q3 Service Partner Work Plan Updates OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation, ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 13. Executive Session under ORS 192.660 (2) (d) Labor Negotiations ADJOURN May 31, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3